be consoli taine a minister as aforesaid, that then application of When small the vestry or vestries to the governour of the time be- parishes may ing, that their respective parishes may be united and dated. consolidated to the next adjacent parrish or parishes. And whereas the clerk of the registers fee seems to be so small an incouragement for an office of soe much trust, for births, Bee it enacted by the authority aforesaid, and it is Fee of clerk hereby enacted, That every clerk of the register shall of registers, and may lawfully by vertue of this act take and demand marriages, the sume of five pounds of tobacco or sixpence for re- and deaths. cording and registring every birth, buriall or marriage and the church wardens of the said parish or parishes or any other person or persons appointed by the vestry or vestryes are hereby authorised and impowered to collect the same, or in case of non-payment to make dis tress. ACT XII. An act for regulating and ascertaining Edi. 1733 and county court clerk fees. 1752. WHEREAS the fees of county court clerkes are att Preamble. present scattered and dispersed in the body of the laws of this country for the true knowledge whereof as there hath been occation from time to time all and every person or persons therein concerned have been necessitated not only to search and look into the seaverall acts of assembly relateing thereto in particular, but also into many clauses and branches of other acts, wherein some particular fee or fees are appointed, and whereas through a misconstruction of what the lawes relateing to county court clerks fees do really intend, or an avaritious humor, them thereunto moveing, diverse clerks of county courts have for some time past charged, demanded and taken and do still continue to charge demand and take sundry unreasona. ble fees, for prevention of the like exactions for the future and for regulateing and ascertaining fees to county court clerks, Bee it enacted by the Governour, Councell and Burgesses of this present Generall Assembly, and the authority thereof, and it is hereby enacted, That so much and such to fees of clerks of county courts, re pealed. All former a part of all and every act and acts, law and laws herelaws relating tofore made, and of every clause, article and parragraph of any act or acts, law or lawes, whereby any fee or fees are appointed, given and allowed to clerks of county courts for any matter, business or thing by them or any of them done, be from and after the last day of November next repealed and made void, and that they and every of them and every clause, article ard paragraph therein contained, so farr as the same any way relate to or concerne such fee or fees, do from the last of November stand repealed null and voyd to all intents and purposes, as if such law or lawes, act or acts, clauses, articles and paragraphs had never been made constituted and ordained. And be it enacted by the authority aforesaid, and it is hereby enacted, That from and after the said last day of What fees November next it shall and may be lawful for all and may be demanded, af- every county court clerk or clerks of this his majesties ter the last collony and dominion to charge, demand and take for day of Noany business matter or thing by the said county court vember 1696. clerk or clerks or any of them done and performed, after the said last day of November all and every such fee and fees, as by this act are hereafter mentioned declared and sett down to the fee or fees for such business, matter or thing, and that no other or greater fee or fees bee by any county court clerk or clerks after the said last day of November next, upon any pretence whatsoever charged, demanded or taken, for any business matter or thing by them or any of them done and performed as clerk of a county court, then whatt in this act are specially declared, mentioned and sett down and to be the fee or fees for such business matter or thing, under the paine of forfeiting and paying for the same For the en- such penalty and forfeiture as hereafter in this act is made couragement and provided. And for the good encouragement of good of good and and able clerks, able clerks. Bee it enacted by the authority aforesaia, and it is hereby enacted, That the clerke of the county courts fees be as in the following table: For an action and proseedings thereupon: Action Table of fees. If no further proceeding in the said action, then for entry order for dismissment Butt if the action be further proceeded in, then for Tob. 8 Ffor declaration or petition if it be written by the clerk If not written by the clerk Ffor entry of the petition or declaration For endorsing and fileing of the petition or declaration both Ffor entry of the order And if the action be continued to another court, then for returning refference upon the docquett For entring the order of that court Ffor endorsing the courts order upon the declaration or plea as the case is 3 And for every court the said action shall be continued called and an order made therein ffor returning upon the docquett For entring the order Ffor endorsing the order upon the declaration or And if in tryall of the action any evidences made And if the clerk do not write it, then And if any pleas, replications, rejoynders, surre- If not writ by the clerke For entring each of the same For endoring and filing each of the same (a) Various Readings. (a) The words "for endorsing and filing each of the same," emitted in Northb. MS. but inserted in Ch. Cit. and P. Rand. MSS. For recording the verdict of the jury Ffor recording the report of the jury endorsing And if in the action there be a report of auditors for recording the report of the auditors and for endorsing and fileing the same And for all papers made use of in tryall of the action, as bill, bond, account &c. which are filed with the declaration for endorseing and fileing each paper And if upon a judgement given there bee an appeall to gennerall court for order and copy of the appeall For order and coppy of the security For the bond 10 20 20 20 3 16 16 10 For recording the bond where it is desired and not otherwayes 10 For recording acknowledgement of the bond if desired and not othewayes 10 For returning the appeale and security to the secretaries office 30 And if upon an appeale any clerk returne to the secretaries office any more of the proceedings of the county court, as coppies of orders declarations or pleadings, then the judgment from which the appeale is made he shall demand noe fee for the same, but if plaintiff or defendant demand any coppies for their particular use the clerk shall have for them according as is sett down in this act And if either plaintiff or defendant in the tryall of an action imploy one or more atturney of atturneys, then ffor entering every such atturney upon the dockett once for one cause and noe more 5 And if a warrant of an atturney be in writing, then for the said warrant recording 10 For endorseing and fileing the warrant both 03 And if an execution had upon a judgement for execution 15 For entring the time of issuing the execution in the margent of the record 3 For recording the returne on the execution Although not returned because it is the sheriffs or parties duty to make returne. Ffor an attachment and proceedings therein more then there is in an action If upon an action brought on attachment be granted the tees of the action to bee in all points as is before sett down for the action and besides that, if the order for an attachment bee proceeded in, ffor a coppy of the order For the attachment thereupon And if the next court the attachment be returned executed but not else for returning the attachment For recording the returne For endorsing and fileing the attachment both them For recording the appraisers report For endorsing and fileing the same both And if an attachment be granted by a justice of the Ffor the petition or declaration if writ by the If not writ by the clerk For endorsing and fileing the petition both For entring the petition For recording the returne of the attachment Ffor endorsing and fileing the attachment both For entering judgement upon And so on as in other attachments for appraisments And if otherwayes every side of a sheet except the |