Ordinance, 14 January 1843–B

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An Ordinance regulating the fees and compensation of the several Officers and persons therein mentioned.
Sec. 1. Be it Ordained by the City Council of the City of , that the Salaries, Fees, and compensaton of the several officers and persons hereinafter mentioned, are established as follows; to wit:
The City Council.
The Mayor shall be allowed a Salary per Annum500,00
The Vice Mayor, or president pro tem, presiding in the absence of the Mayor, per day,—3,00
The Aldermen and Counsellors, each, for every days attendance2,00
The Recorder, as Secretary of the Council, per Annum100,00
The Recorder shall in addition to his Salary, be allowed to claim the following Fees, to wit:
For copies or exemplification of Records or Ordinances, for ever seventytwo Words——,12½
For recording each Marriage——,50
Affixing Corporation Seal, and Certificate therewith—,50
The Treasurer shall be allowed two per Cent on all monies or funds paid out by him, as full compensation for his services.——
The Salaries and Compensation aforesaid shall be due semiannually, and on the Certificate of the Recorder, (except in his own case, then on the Certificate of the President of the Council,) shall be paid out of any monies in the Treasury not otherwise appropriated.
The Municipal Court.
Sec. 2. The chief Justice shall be allowed, per day,——3,00
The associate Justices shall each be allowed, per day,2,50
The Clerk of the municipal Court shall be entitled to the following fees, to wit.
For each Warrant, Summons, Subpoena, and other process not herein specified, and sealing the same,25
filing [p. 141]
$ cts
Filing papers on appeals from the Mayor or Aldermens Court, taking appeal Bond and issuing ,50
Docketing each suit,,12½
Entering each Order or Rule of Court for continuance, default, discontinuance, retraxit, &c,25
For each dedimus or comission to take depositions——,50
Calling and swearing each Jury,12½
Administering each oath,6¼
Swearing person to Affidavit,12½
For each to summon Jury,25
Receiving and entering Verdict of Jury12½
Entering each Decree or final Judgment,,25
Issuing Writ of , , or ,50
Entering on Record,25
Issuing ,25
Entering Marshals return of the same,12½
For each Certificate and Seal, other than <​the​> process of Court,50
Taking Bond in cases of Appeal to the Circuit Court,50
For each License under Seal granted by Ordinance,50
For each Certificate of Magistracy under Seal,25
The unsuccessful Party in any suit before the Municipal Court shall be taxed a docket fee of three Dollars, to be collected with the Costs of Suit, and paid over, in proportionate sums, to the Justices sitting on said Suit, as compensation, or part compensation for their services; and the deficit, if any, in the compensation of the Justices, shall be paid semiannually, on the Certificate of the Clerk, out of any monies in the treasury not otherwise appropriated.
Mayor and Aldermens Fees.
Sec. 3. For taking each complaint in writing under oath,—— ,25
For each Warrant, Summons, or Subpoena, ,25
For each Venire or Jury Warrant, ,25
Swearing Jury in each Case, ,25
Entering [p. 142]
$ cts
Entering verdict of Jury ,12½
Administering each Oath ,6½
Issuing dedimus to take depositions ,25
Taking each deposition when required for each 100 Words——) ,12½
Entering security on Docket ,25
to be served on Security ,25
Notification to each Referee ,25
Entering Award of Referees ,25
Each order or Judgment and entering the same ,25
Docketing each Suit ,12½
For each precept on ,50
Issuing process of and taking Bond and security—— .75
On Trial, per day 2,00
Entering appeal to the Municipal or Circuit Court ,25
For each transcript of Judgment and proceedings ,25
For each , or ,25
Taking the acknowledgment of a Deed or other Indenture—— ,25
For each Marriage Ceremony performed 1,00
For Certificate of the same ,25
For each continuance of a Case ,12½
Marshal and Constables Fee..
Sec. 4. For serving a Warrant or summons on each person named therein ,25
Serving each Subpoena ,12½
Serving and returning each execution ,50
Serving and returning Jury Warrant in each Case ,50
Serving each Mittimus ,25
Each day’s attendance on the City Council, or Municipal Court when required—— 2,00
Each day’s attendance on the Mayors or Alderman’s Court when required—— 1,00
Advertising property for sale ,25
Com [p. 143]
Commission on all Sales not exceeding ten Dollars, ten per centum; and on all Sales exceeding that sum, six per Centum.
Mileage when serving a Warrant, Summons or subpoena, from the Justices of Clerks office to the residence of the Defendant, Juror, or Witness, per mile—— ,05
Mileage when serving a , from the office of the Justice or Clerk to the Jail, per mile ,06¼
For guarding Jail, or other similar service, for every twenty four hours.—— 1,00
Jurors Fees.
Sec. 5. To each Juror sworn in a case before the Mayor or Aldermen—— ,25
To each Juror sworn in a case before the Municipal Court ,25
To each Juror attending a Coroners inquest ,25
Witnesses Fees.
Sec. 6. Each Witness attending the Mayors, Aldermen or Municipal Court, or attending for the purpose of having his deposition taken, in each case,—— ,50
Arbitrators Fees.
Sec. 7. To each Arbitrator for every day he shall be necessarily employed in performing the duties of his appointment, where the Award is to be made the Judgment of the municipal Court, 1,50
To each Arbitrator or referee, for each day he shall be necessarily employed in making up his Award in Cases before the Mayor or Aldermen—— 1,00
Coroners Fees.
Sec. 8. For holding an inquest over a dead body when required by law.——5,00
For summoning a Jury,,75
For Burial expences, &c.10,00
All of which fees shall be certified by the Coroner, and [p. 144] and paid out of the City Treasury, when the same cannot be collected out of the Estate of the deceased. And whenever the Coroner shall be required by law to perform any of the duties appertaining to the office of Marshal, he shall be entitled to the like fees and compensation.
Registers Fees.
Sec. 9. For recording all Deeds, Mortgages, and other instruments of writing, for every 100 Words ,15
For copies of the same, when requested, for every 100 words ,12½
For every search of Record, ,12½
Official Certificate under Seal, 37½
Notary Public’s Fees.
Sec. 10. For noting a Bond, promissory note, or Bill of exchange for Protest,—— ,25
For protesting and recording the same, ,50
For noting without Protest, ,25
For notice to endorsers &c each, ,25
For affixing the Seal notorial, ,25
For each Certificate, ,25
For taking acknowledgment of Deed or other Indenture ,25
Assessor and Collectors Fees.
Sec. 11. The Assessors and Collectors shall be allowed for every day they are necessarily employed in the business of their appointment, 2,00
The City Watch.
Sec. 12. The City Watch shall be allowed for services in guarding the City for every day—— 1,50
Sec. 13. The fees of the several officers and persons aforesaid, where not otherwise designated or provided for, shall be due, and if demanded, paid by the party claiming said services, upon the rendition of said services.
Sec. 14. The Mayor, Aldermen, and Clerk of the Municipal Court, shall keep an exact Account of all Costs that may accrue in the progress of each and every suit in their respective Courts, specifying the particulars of [p. 145] of each charge, and upon the rendition of Judgment, shall charge the unsuccessful Party with the Costs of Suit.
Sec. 15. When shall issue against the unsuccessful Party for the recovery of the Judgment rendered, a Bill of the Costs as aforesaid shall be included in such execution, and if said Costs are not recovered from the unsuccessful Party by execution as aforesaid, it shall and may be lawful, and it is hereby made the duty of the Mayor, Aldermen, or Clerk, as aforesaid, to issue a fee Bill against the successful Party for all Costs that remain unsatisfied; which fee Bill shall contain the particulars for which Fees are charged; be directed to the Marshal; and shall have all the force of an execution.
Sec. 16. There shall be a Clerk of the Mayors Court who shall be appointed from time to time by the Mayor, as he shall deem expedient, whose compensation of services shall be the usual perquisites of the Mayors Office as set forth in the third Section of this Ordinance, excepting the compensation “on trial per day $2,00” and “for each Marriage ceremony performed $1,00”.
Sec. 17. This Ordinance to take effect, and be in force, from and after its passage.
passed Jan.y. 14th. 1843
Joseph Smith, Mayor.
Recorder. [p. 146]