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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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For entry of complaint and judgment thereon, fifty cents ;

For a warrant of commitment and every other warrant except
those before mentioned, fifty cents ;

For every adjournment, seventeen cents.

Sec. 3. To all recording or certifying officers, there shall be
allowed for each page of two hundred twenty-four words copied
or recorded, twelve and a half cents ;

For any part less than a page, eight cents ;

For every certificate on a copy of a whole case, ten cents.

8eo. 4. To the clerk of every court, there shall be paid the
following fees : —

For the entry of every action, petition, appeal or complaint, one
doDar and twenty cents, of which the clerk shall retain thirty cents,
in full compensation for all services for which specific fees are not
by law established ;

For a blank writ and summons, or blank writ of summons, ten
cents;

For a writ of review or scire facias, fifty cents ;

For a writ of possession, forty cents ;

For a writ of habeas corpus, seventeen cents ;

For a writ of execution, seventeen cents ;

For a writ of protection or subpoena, ten cents ;

For entering a continuance, five cents ;

For discharging a recognizance, ten cents;

For certifying the proof of a deed in court, seventeen cents ;

For recording a sheriff's deputation and certificate, or a discharge
from office, twenty-five cents ;

For all services and fees relating to a pedler's license, one dollar^



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590 FEES AMD COSTS. [TITLE XXIX.

Sec. 5. The following fees shall be allowed in bills of costs
taxed in the superior court or court of common pleas : —

For the writ, including the blank, one dollar ;

For every complaint, one dollar ;

For an attorney fee, in every case of appearance by the defend-
ant, one dollar.

Sec 6. The following fees shall be allowed in each bill of
costs taxed before a justice : —

For each writ, complaint or plea, fifty cents.

Sec 7. Parties shall be allowed the following fees : —

For every ten miles' travel to and from court, twenty-five cents;

For each days' attendance, twenty-five cents ;

For summoning witnesses, seventeen cents each.

Sec 8. No more than five days' attendance shall be allowed at
any term in any case where the defendant suffers default, having
made no appearance.

Sec 9. No more travel shall be allowed to any party than to
the line of the county, unless in case of his appearance in parson.

Sec 10. In actions brought before justices, the plaintiff* shall
be allowed no more travel than if he lived within ten miles of the
place of trial, unless he appears in person.

Sec 11. In actions upon endorsed notes or negotiable paper
brought by an assignee, no more travel shall be allowed than if
brought by the payee, unless it shall be shown that the assignee is
the plaintiff in interest.

Sec. 12. The fees of witnesses shall be, at the superior court
and court of common pleas, for each day's attendance one doUai
twenty.five cents ; for travel to and from court, for each mile, six
cents; before justices, for each day's attendance, sixty-five cents;
for travel to and from the place of testifying, for each mile, six
cents. {Laws of 1850, chap. 963.)

Sec 13. A ferry or toll bridge shall be reckoned as three miles'
travel.

Sec 14. The fees of sheriffs and deputy sheriffs shall be as
follows : —

For the service of every writ, process, notice or execution, except
writs of subpoena for witnesses, twenty-three cents ;

For summoning witnesses, each, seventeen cents ;

For taking bail, (to be paid by the person bailed,) seventeen
cents ;

For actual travel to serve any writ, process or execution, to be
reckoned from the place of service to the residence of the officer,
in no case exceeding fifty miles, each mile, five cents ;



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CHAP. 245.] FEES AND COSTS. 591

For levying executions, on the dollar, for the first fifty dollars,
two and a half cents ;

For the second fifty dollars, two cents ;

For sums above one hundred and under three hundred dollars,
one cent ;

For sums above three hundred dollars, half a cent ;

For attending any court by the order thereof, to be paid out of
the county treasury ; the sheriff, each day, two dollars ;

Each deputy, one dollar and fifty cents ;

For attending before justices on trials where his presence is re-
quired, each day, one dollar.

Sec 15. The fees of every sheriff and deputv sheriff upon
any writ, process or execution by him served, shall be endorsed
thereon.

Sec. 16. Jailers shall be entitled to the following fees : —
For receiving any prisoner into custody or discharging him,
twenty-five cents ;

For the board of a prisoner, each week, one dollar and seventy-
five cents. (JR. &, sec. 16 ; amended by laws of 1852^ chap. 1289.)

Sec 17. Registers of deeds shall be entitled to the following
fees : —

For a certificate on a deed of the time and place of recording,
and for every other certificate by him made, four cents ;

For examining the records at the request of any person, for each
hour necessarily spent therein, twenty cents ;

For discharging a mortgage on record, seventeen cents.

Sec. 18. Town clerks shall be entitled to receive for recording
mortgages, for certifying thereon the time and place of recording,
for every other certificate relating thereto, for examining the rec-
ords and for discharging the same on the record, and recording
any other discharge thereof, the same fees as registers of deeds are
entitled to for like services.

Sec 19. Coroners and constables shall be entitled to the same
fees as sheriffs in like cases.

Sec 20. Grand jurors and petit jurors shall be paid from the
county treasury for each day's attendance, each, one dollar fifty
cents ;

For their travel to and from court, each mile, six cents ;

Talesmen, for each day's attendance, one dollar fifty cents.

Sec 21. There shall be paid by the plaintifi* or appellant for
the trial of every action by jury, before the trial, to the clerk for the
use of the county, and to be taxed in the bill of cost of the party
paying the same, five dollars.



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093 PEB8 AND COSTS. [tITLB XXIX.

Sec. 22. The following fees shall be allowed on the taking of
each coroner's inquest, to be paid from the county treasury >^

To the coroner, for taking the same, one dollar fifty cents ;

To the jurors, each, one dollar fifty cents a day ; for traTel, esich
mile, six cents ;

To witnesses for their attendance, each, one dollar a day ; for
their travel, each, six cents a mile ;

To the constable, for summoning and attending the jury, sixty*
seven cents a day and his necessary expenses.

Sec. 23. To the secretary of state shall be paid the following
fees: —

For every commission for any person to an office of profit, to be
paid by such person, one dollar ;

^or every certificate under the seal of the State, fifty cents.

Sec. 24. Notaries public shall be entitled to the following
fees: —

For every protest under seal, fifty cents ; every certificate under
seal, twenty-nve cents :

For waiting on a person to demand pavment, or to witness any
matter and certifying the same under seal, fifty cents ;

For every notice of non-payment to any pcuiy to a bill or note,
twenty-five cents ;

For services relating to the taking of depositions, the same fees
as justices are entitled to receive.

Sec 25. If any person shall demand and take any greater fee
for any service than is allowed by law, or any fee to which he is
not by law entitied, he shall forfeit fifty dollars for each ofience to
the person who will sue therefor.

Sec. 26. Every such offence may be prosecuted by complaint
to the grand jury and indictment, and in such case, the penalty re-
covered shall be for the use of the county.

Sec 27. Every person entitled by law to any fees, shall, if
requested by the person paying the same at the time of such pay-
ment, make out and deliver to him a particular statement of the
items of his services, and of the sums demanded and received
therefor, and receipt the same.

Sec 28. If any such person shall neglect or refuse to give such
statement and receipt, he shall forfeit for every such neglect or
refusal the sum of twenty dollars, for the use of the town in which
the offence may be committed.



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CHAP. 246.]



A0T8 REPEALED.



SOS



TITLE XXX.



CHAPTER 246.

OF ACTS BBJPEALBD.
IDENTICAL WITH

Chapter 230 of the Bevised Statutes.



BXCTIOH

1 . Beriied f tatatei, when to take eflbct

2. ** ** howdted.

a. All statutes repugnant, repealed.

4. When repeal takes eflfect

5. IKepeal not to affect rights, &c.

6. a li u u ^^ncefc

7. Suits not affected bj repeal.
& Officers to bold their office.



Sbotion
9. No repealed act reriTed hj repeal.

10. Bepeal of statnte, no CTidence that

such statute was in force.

11 . Statnte adopting other statates, effbct

of repeal on.

12. Limitations not affscted by repeal,
la. List of statutes repealed.



Section 1. All the provisions contained in the preceding
chapters shall take effect and go into operation from ana after the
first day of March next, except only such parts thereof as to which
a different provision is expressly made herein.

Sec 2. This act shall not in any citation or enumeration of
the statutes be reckoned as one of the statutes of the present ses-
sion of the general court ; but in all citations thereof it may be
designated as the revised statutes, adding to the citation, when
necessary, the number of the chapter and of the section.

Sec 3. All acts and parts of acts, the subjects of which are
revised and reenacted in the revised statutes, or which are repug-
nant to the provisions therein contained, shall be repealed from
and after the said first day of March next, with the exceptions and
limitations hereinafter expressed.

Sec 4. In all cases where any provisions of the revised stat-
ates are made to go into operation at any time before or after the
said first day of March, the corresponding provisions, if any, of
the said repealed statute, shall cease to operate when and shall
continue in force until the said new provisions shall go into opera-
tion.

Sec 5. The repeal of the acts hereinafter mentioned shall not
affect any act done, or any right accruing or accrued, or acquired
or estabushed, or any suit or proceeding had or commenced in
any civil case, before the time when said repeal shall take effect ;.
but the proceedings in every such case shaU be conformed, when,
necessary, to the provisions of the revised statutes.
38



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59i ACTS REPBALEDw fTITLE

Sec. 6. No oiSeDoe committed and no penalty or forfeitare in-
cnned under any of the acts hereby repealed, and before the time
when such repeal shall take effect, shall be affected by the repeal,
except that when any punishment, penalty or forfeiture shall be
mitigated by the provisions of the revised statutes, such provisions
may be extended and applied to any judgment to be pronounced
after the said repeal.

Sec. 7. No suit or prosecution pending at the time of said
repeal, for any offence committed, or for the recovery of any pen-
alty or forfeiture incurred under any of the acfcs hereby repealed,
shall be affected by such repeal, except that the proceedings in
such suit or prosecution shall be conformed, when necessary, to the
provisions of the revised statutes.

Sec. 8. AU persons who, at the time when the said repeal
shall take effect, shall hold any office under any of the acts hereby
repealed, shall continue to hold the same according to the tenme
thereof, except those offices which have been abolished, and those
as to which a different provision shall have been made by the re-
vised statutes.

Sec 9. No act vpiiich has been heretofore repealed shall be
revived by the repeal contained in this chapter of any of the acts
therein repealed.

Sec. 10. The repeal in this chapter of any statute or part of a
statute heretofore repealed, shall not be construed as a declaration
or implication that such statute or part of a statute has been in
force at any time subsequent to such first repeal.

Sec. 11. When any statute not herein repealed refers to and
adopts any statute or part of a statute which is herein repealed, or
any provision or rule of law which is abrogated or modified by the
revised statutes, such statute or part of a statute, or provision or
rule of law so referred to and adopted, shall not be deemed repealed
by the provisions of this chapter ; but shall be in force so far only
as the same shall have been so adopted, and for no other purpose,
and so far only as they are not repugnant to or inconsistent with
the provisions of the revised statutes.

Sec. 12. In any case, when a limitation or period of time pre-
scribed in any of the acts repealed in this chapter, for the acquiring
of any right, or the barring of any remedy, or for any other pur-
pose, shall have begun to run, and the same or any similar limita-
tion is prescribed in the revised statutes, the time of limitation
shall continue to run, and shall have the like effect as if the whole
period had begun and ended under the operation of the revised
statutes.

Sec 13. AH the statutes hereinafter mentioned and described
by the years in which they were respectively enacted, and by their
respective titles, are hereby repealed, subject to the provisions con-
tained ih the preceding sections of this chapter :



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CBAP. 246.] ACTS BBPEALBD. SK

ACTS PASSED FBIOB TO ITVL

An act to preyent trespasses upon (he waste lands within this State, passed Noyember
as, 1778.



their other common and public affairs, passed Julj S, 1781.

An act for making gold and silver a tender for all debts, and for settling the depreda-
tion of the paper correncj ; and for the future regulation of the coarts of justice in this
Stale, passed September 1, 1781.

An act for the encoongement of literature aad ^^enius, and for securing to anthors the
ezdosiYe right and benefit of publishing their literary prodnctiQiis for twenty years,
pMsed November 7, 1783.

An act to regulate ferries, passed February 28, 1783.

An act in addition to an act entitled " An act to authorise and empower the proprie-
tors of any common and undivided lands to call meetings of their respective proprietors,
and to levy and collect such sum or sums of money on Sie said lands as they may judge
necessary ; and also to transact all their common and public affairs,'' passed the third of
Jaly, in the year of our Lord one thousand seven hundred and eijgh^'Kme, passed No-
rember 10, 1784.

An act to establish a seal to be used as the great seal of this State, passed February
12, 1785.

An act for the admeasurement of boards, and for regulating the tale of shingles, clap-
boards, hoops and staves, and for other purposes therein mentioned, passed June 21,
1785.

An act for regulating pilotage in the port of Piscataqua, passed June 22, 1785.

An act to prevent encroadiments upon highways, passed February 27, 1786.

An act for regulating the gnaging of caslu, passea January 12, 1787.

An act in addition to an act entiSed " An act for the regulating the guaging of caaks,"
passed June 17, 1788.

An act to preserve the fish in Fiscataqna river and the branches thereof, passed Jan-
vary 20, 1789.

An act to prevent the spreading of the small pox^ for allowing hospitals to be erected
under certain restrictions, and to repeal an act entitled " An act providing in ease of
sickness ;" also an act entitled "An act to provent the spreading of the small pox in
this State," passed February 3, 1789.

An act empowering tiie saperior court of judicature of this State to hear and try any
causes respecting or relating to the forfeitures of lands within this State heretofore mut-
ed, or that may hereafter be granted, for non-performance of the conditions of such
grants, to determine and give judgment therein toat such forfeiture is or is not incurred,
and to judge and decree as a court of chancery in certain of the causes aforesaid, passed
February 6, 1789.

An act for the appointment of solicitors |^neral, passed June 19, 1789.

An act to provide for the safe keeping, m the public jails in this State, -of prisoners
committed under the authority of the United States, passed January 14, 1790.

An act limiting suits on penal statutes, passed January 26, 1790.

A resolution relating to branch pilots, passed January 26, 1790.

ACTS PASSED IN THE TEAK ITW.

An act establishing forms of oaths.

An act prescribing the forms of writs in civil causes.

An act tor recording proceedings before justices of the peace, and for preserving sndi
records.

An act relating to attorneys.

An act for setting off debts, mutual demands and executions against eadi otiier.

An act for preventing trespasses.

An act to empower watchmen to apprehend and commit disorderly persons, as is
hereinafter declared.

An act to restrain the taking of unlavrful interest

An act for the punishment of profane cursing and swearing*

An act to prevent incestuous marriages, and to regulate divorces.

An act directing the proceedings in case of foreible entry or detainer of lands or ten-
ements.

An act regulating marriages, and for the registering of marriages, births and buials.

An aet relatiye to common fields, and regouting fenees.



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596 ACTS BEPEALBD. [tITLB XXX.

An Act rmlating swiiie.

An ad ralktiTe to ttnji and lost goods.

An act rognUtiog ponnds.

An act to preTent rraad in cord wood exposed to sale.

An act for the inspection of pot and pearl ashes.

An act directing ue proceedings agamst deficient collectors.

ACTS PASSED IK THE TEAB ITffil.

An act to prerent common nuisances.

An act for the repeal of a certain clanse of the act for preyenting the spreadioff of die
small pox, made and passed the third daj of Febmary, Anno Domini 1789, and in id-
dition to and amendment of the said acU

An act to proTent obstractions and impediments to narigation in the river PlicilMini
and harbor of Portsmpath.

An act to establish post guides and to ftdlitate trayelling in and throogfa this Stile.

ACT PASSED IK THE TEAS 1798.

An act to alter and amend an act passed the twenty-eighth day of Decente, Anno
Domini 1791, entitled '* An act for the inspection of pot and pearl ai '

ACTS PASSED IK THE YEAB 1794.

An act directing the mode of administering oaths in certain <

An act in addition to an act entitled *' An act empowering the superior court of jo^-
catnre of this 8tate to hear and try any causes respecting or reUttng to the foffeitsn of
lands within this State heretofore granted, or that may hereafter be mnted for noiiiK^
formance of ^e conditions of such grants, to determine and give judgment thenintfaat
such forfeiture is or is not incurred, and to judge and decree as a court of dumooy in
certain of the causes aforesaid."

An act to establish the method of computation of money in accounts and other tnni-
actions.

An act to preyent damages being done on salt marshes in Hampton, Hampton FiOs,
'8eabrook and South Hampton.

An act to promote the increase of sheep in this State.

An act to prevent the keeping of large quantities of gunpowder in private houtesiB
Portsmouth j and' for appointing a keeper of^the magazine belonging to said town.

ACTS PASSED IK THE YEAB 1796.

An act providing -for the compensation of certain persons employed in appcefaendhv
and bringmg to justice offenders against the laws of this State.
An act to prevent damaj^e being done by horses, mules and jacks.
>An act fer the preservation of Mlmon and shad in Connecticut river.
A resolve in relation to deficiencies in the payment of state taxes.

ACTS PASSED IK THE YEAB 1796.

An act in addition to the laws now in force reUtine to proprietary matters.
An act to declare the use of fines and forfeitures within this State.

ACTS PASSED IK THE YEAE 1797.

An act for rendering the decision of civil causes more speedy and less ezpCDnve tbu
heretofore.
An act for the regulation of mills.
An act in addition to an act regulating pounds.
An act regulating scale beams, steel-yaras, weights and measures.

ACTS PASSED IK THE YEAB 1798.

An act in addition to the laws relating to proprietary matters.
An act against gaming at billiards.

ACTS PASSED IK THE YEAB 1799.

An act declaring the tenure which certain officers shall have in their respective office



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CHAP. 246.] A0T8 RBPBALBD. 697

All act to rMtraiii unincorporated bankinff aasodatiottt.

An act for the better observation of the Lord's day, and for repealing all the laws
heretofore made for that purpose.

An act empowering the inhabitants of the town of Fortsmoath to appoint health of-
ficers, and for preventing nnisances in said town.

ACTS PASSED IN THE TE^S 1801.

An act relative to the repairs of mills, mill dams and flooms owned by joint tenants,
tanaats in common, or occapied by two or more persons.

An act for laying a fine on town clerks and sheriffs neglecting to maka seasonable
letoms of votes for governor, eonndllors and senators.

ACT PASSED IN THE YBAB 1808.

An act to regulate the inspection of batter and hog's lard intended to be exported
Ikom this State.

ACTS PASSED IN THE YEAB 1806.

An act to prevent the issning and passing bank notes or bank bills of certain descrip-
tions therein mentioned.

An act in addition to an act entitled ^ An act empowering the inhabitants of the town
of Portsmouth to appoint health officers, and for preventing nnisances in said town."

ACTS PASSED IN THE YEAB 1806.

An act in addition to an act entitled " An act for the limitation of actions and for pre-
▼enting vexatious suits," made and passed the sixteenth day of June, A D. 1791.

An act to prevent the dreidation of private notes, bills, orders and checks.

An act to secure to masters and apprentices bound by deed or indenture their mutual
privileges.

An act to prevent damage which may be done by lumber to owners of land lying on
smd adjoining any river in this State.

An act for reeulating the manufacture and sale of bread.

An act in addition to an act for regulating pilotage in the port of Fiscataqna.

. A resolve requiring papers relating to business before the legislature to be filed in the
office of the secretary of state.

ACTS PASSED IN THE TEAB 1806.

An act to authorise the proprietors of turnpike roads and toll bridges to reduce their
toll.

An act in addition to and amendment of certain acts heretofore passed granting turn-
pike inoorporations.

ACTS PASSED IN THE YEAB 1807.

An act to prevent the issuing from banks as a currency certain description of bank
Mils, notes and obligations therein mentioned.

An act in addition to an act entitled " An act empowering the town of Portsmouth to
appoint health officers, and for preventing nnisances in said town."

ACTS PASSED IN THE YEAB 1806.

A resolve velating to the tenure of office by judges and sherifib.
An act making further provision for the administration of iusdee.
An act providing a remedy against the representatives of deceased parties to joint
obligations and contracts.
Jok act regulating proprietary matters.
' act regnlatinff the mode of putting pine timber into' Connecticnt river.

act to prohibit any person from hauling or removing sea weed and rock weedftom



Che sea shore' in tiie towns of Hampton and Korth Hampton.
le preservation of fish in Newfound lake m the



An I
esec

An act for ike preservation of fish in Newfound lake in the county of Grafton.

ACT PASSED IN THE YEAB 1809.
An act directing how joint tenancies shall be created.



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996 Acnrs BSPBAiiSD* [muB

ACT FAMSD IS TSK TEAJl 1810.
An act to prerent persons from digging up tbe bodies of dead people.

ACTS PASSED IS TH£ T£AS ISU.

An act to anthoriie towns to make by-laws to prevent horses, mnles» jacks, nest est-
tie, sheep and swine from gelo^ at large.

An act to encourage the raising of hemp in this State.

An act respecting dogs.

An act to prevent (he destruction of salmon, shad and alewires in Merrimack ri?er
and the scTcral streams falling into the same, and for repealing certain laws heretofoie
made for that purpose.

An act to facilitate the passing of fish in Piscataqnog rirer.

An act to facilitate the passine of fish m Babboosook brook.

An act for the preserration of fish in IjOE^ Fond, so called, in Concord, in the cantj
of Boddngham.

A resolre relating to the ezdiange of statutes with other states.

ACrrS PASSED JOT THE TEAB 181S.

An act prescribing the mode of attaching on mesne process and selfing on execidoB,



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 63 of 80)