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of

, to wit, the

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in said city or town and also on said real estate, three weeks before the time appointed for said sale; and whereas the amounts due on said estate not being paid, the

of

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by the

Collector,

thereto duly authorized by statute, proceeded at the time and place appointed as aforesaid for the sale, to sell real estate by public auction, and the said real estate was then and there struck off to in the county of

of

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cents, he being the highest bidder therefor;

of

dol

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by its Collector of

lars and Now, therefore, the taxes, by virtue of the statutes in such case made and provided, and every other power hereto it enabling, in consideration of

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the receipt whereof is hereby acknowledged, does hereby remise, release, and forever quitclaim unto the said assigns, all the right, title, and interest, which the said of

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, acquired, by or under the deed above mentioned, in and to the following parcel of real estate in said [here describe the estate].

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To have and to hold the above released premises, with all the privileges and appurtenances thereto belonging, to the said his heirs and assigns, to his and their use and behoof

forever.

of

has caused

In witness whereof, the said its seal to be hereto affixed and these presents to be signed, acknowledged, and delivered in its name and behalf by its Collector of taxes, hereto duly authorized by law this

in the year eighteen hundred and

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[To be acknowledged by the Collector as the free act and

deed of the city or town.]

24. Form of Affidavit of Collector of the Non-Appearance of a Purchaser, or the Failure of Bidder to Pay the Sum Bid.

I, C. D., Collector of taxes for the

county of

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the

and Commonwealth of Massachusetts, on oath depose and say that the advertisement of the sale of unredeemed real estate, a copy of which is hereto annexed, was published and posted according to the requirements of law, and that at the time and place of sale as stated in the same [no person appeared and bid for the real estate advertised in said advertisement against the name of sum or amount therein stated, or more] and the estate advertised as aforesaid against the name of was struck off to A. B. for the sum of cents, he being the highest bidder therefor, I further depose and say that said A. B. failed to pay to me as such Collector, within ten days, the sum offered by him for said estate.

dollars and

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Then personally appeared the above-named C. D., Collector of taxes for the and made oath that

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the above statement by him subscribed is true.

Before me,

Justice of the Peace.

[Here annex a copy of the advertisement.]

25. Forms of Notices when Tax Title is deemed invalid.

FROM THE ASSESSORS TO THE COLLECTOR.

OFFICE OF THE BOARD OF ASSESSORS,

To the Collector of Taxes for the

of

, 18

Sir: You are hereby notified that the tax assessed as of the

first day of May, 18 in the name of

upon an estate

estimated to contain [here insert the area] land, situated [here

insert the name of street or other description] was invalid by reason of error in assessment; and that any deed given by you in consequence of a sale for the non-payment of such tax conveyed no valid title to the purchaser. And the Board approves of your sending a notice to that effect to the owner of said

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FROM THE COLLECTOR TO THE HOLDER OF THE TITLE.

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You are hereby notified that I have reason to believe that the tax assessed as of the first day of May, 18 in the name of upon an estate estimated to contain

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of land,

situated [here describe the estate], being the same estate conveyed to Collector, and recorded with Folio was, in my

by

Deeds, Libro

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opinion, invalid by reason of an error in the assessment or in the proceedings for the sale [here give a brief statement of the defect], and I do hereby, with the approval of the Assessors of said , notify and require you, within thirty days from the time when this notice shall be served upon you, to surrender and discharge the deed so given, and to receive from the the sum due therefor, with interest

of

as provided by law, or to file with the Collector a written statement that you refuse to make such surrender and discharge.

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CHAPTER XII.

OFFICERS' FEES.

§ 186. General Suggestions. All public officers are entitled to receive compensation for all services rendered by them in their official capacity, either by a salary paid from the general treasury, or by certain fees for specific services. The latter method applies to the service of processes in civil and criminal proceedings, and certain fees are specified in the statutes of the different States, which officers may lawfully charge for services rendered by them; and in most if not all the States, if an officer who is entitled to fees demands and receives more than he is legally entitled to, he renders himself liable to a penalty. These fees in civil cases are to be paid by the party for whom the services are rendered; and in criminal cases, if rendered in behalf of the State, the fees are paid by public authority, and if rendered for the defendant, they must be paid by him.

It is a general rule that in all cases where a fee for service is not prescribed by statute, such fee may be charged as is prescribed for similar services.

It is also a general rule that an officer making service of a writ or process shall indorse thereon a statement in detail of his fees in such service.

All officers' fees usually include at least two items: the charge for service, which is the amount allowed for the act of making service of the process; and travel, which is a sum allowed as mileage to cover the expenses of going and returning in the performance of the official duty. To these items is

frequently added a third, namely, the actual and necessary expenses incurred in the service, which would not properly be included in the fee for service. These expenses are usually allowed, provided of course that the court to which the process is returned is of opinion that the same are reasonable, and were actually and necessarily incurred by the officer.

For convenience of reference, a table of fees as prescribed in the statutes of the several States is here appended.

TABLE OF FEES.

MAINE. Rev. St., ch. 116.

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.50

.50

.75

.50

SECT 5. Service of original summons, either by reading or by copy $.50 Service of capias or attachment, with summons on one defendant If on more than one defendant, for each defendant Attaching property upon written direction, including summons Taking the body on a capias, for each defendant so taken For copy of any precept, for each page at the rate of. In attachment of real estate, for leaving with the register of deeds an attested copy of his return and other particulars. Travel in the service of the above is to be from the residence of the officer to the nearest post-office, and instead of further travel he is to tax the legal postage.

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.12

.25

.10

The officer is also to pay to the register and tax with fees ..
Writing bail-bond, to be paid by the person admitted to bail .20
Service of notice or other process where there is no command to
return it
Copy of above, for each page.

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.25

.12

Levying and collecting executions in personal actions, for every dollar of the first hundred dollars

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.03

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For every dollar above one hundred and not exceeding two hundred dollars.

.02

For every dollar above two hundred dollars

.01

Writ of possession

1.10

If on more than one piece of land, for each piece after the first Levying and collecting cost on same as in executions in personal actions.

.75

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