For entering such upon his docket, fifty cents. For subpœna, to each witness, twenty-five cents. For administering an oath or affirmation, twenty-five cents. For certifying the same, twenty-five cents. For each certificate, fifty cents. For issuing writ of attachment, or of arrest, or for delivery of property, two dollars. For entering any final judgment, per folio, for the first folio, one dollar; for each additional folio, thirty cents. For taking and approving any bond or undertaking, directed by law to be taken or approved by him, fifty cents. For taking justification to a bond, one dollar. For swearing a jury, one dollar. For taking depositions, per folio, thirty cents. For entering satisfaction of a judgment, fifty cents. For copy of judgment, order, docket, proceedings, or paper in his office, for each folio, thirty cents. For issuing commission to take testimony, one dollar. For issuing supersedeas to an execution, fifty cents. For making up and transmitting transcript and papers on appeal, five dollars. For issuing search warrant, one dollar. For issuing an execution, fifty cents. For celebrating marriage and returning certificate to the recorder, six dollars. For all services and proceedings before a justice of the peace, in a criminal action or proceeding, whether on examination or trial, six dollars. For taking bail after commitment in criminal case, one dollar. For entering cause without process, one dollar. For entering judgment by confession, and only on affidavit as required in the district court, one dollar. For entering every motion, rule, order, verdict, or default, twenty-five cents.

DUTIES OF PROBATE JUDGE.

SEC. 166. There shall be in each of the counties of this territory, a probate court, with the jurisdiction conferred by this chapter.

SEC. 167. The probate judge of each county shall be the judge of the probate court. The probate judge of each county shall, except in cases otherwise provided by special statutes, be chosen by the electors of the county, at the general election in the year one thousand eight hundred and sixty-four, and every four years thereafter, and shall enter upon the duties of his office on the first Monday of January subsequent to his election. Before entering upon his duties, he shall take the oath of office prescribed by law.

SEC. 168. In case of a vacancy in the office of probate judge, the vacancy shall be filled by appointment from the governor, until the next general election, when a probate judge shall be chosen for the unexpired term of the preceding judge, and until the new judge elected be qualified.

SEC. 169. This court shall hold a term on the fourth Monday of January, April, July, and October, of each year, which shall continue until all the business of the court be disposed

of.

SEC. 170. If a room for holding the court be not provided by the county, together with attendants, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff to procure such room, attendants, fuel, lights, and stationery, and the expenses thereof shall be a county charge. It is hereby made the duty of the probate judges to reside at the county seats of their respective counties.

FEES OF PROBATE JUDGES.

SEC. 171. For every order or judgment, when not contested one dollar; when contested three dollars.

SEC. 172. The fees allowed for services rendered by the probate judge, shall be collected by the county clerk, who shall keep a full and accurate account of the same in a book kept separate and apart for that purpose. The county clerk shall make a settlement, at least once a month, with the county treasurer, for the fees collected, and pay the amount in his hands into the county treasurer. His accounts shall always be open to inspection by any county officers, or any person who may be interested therein. The county treasurer, in a book kept specially for that purpose, shall keep a full account of all the monies thus received, which shall constitute a separate and distinct fund, and so much thereof as may be necessary for that purpose, shall be applied to the payment of the salary of the probate judge, and the residue, if any, shall be paid into the county treasury; and it shall be a misdemeanor for a probate judge to receive any fees to his own use, except in such manner as prescribed in this section.

DUTIES OF COUNTY SURVEYOR.

SEC. 173. Each county surveyor, upon entering upon the duties of his office, shall take the oath as prescribed by law, and give bond in the sum of two thousand dollars, or such further sum as the board of commissioners of his county may require.

SEC. 174. The county surveyor may appoint such number of deputies as he may think proper, who shall severally take the oath prescribed by law, and for the faithful performance of whose duty he shall be responsible.

SEC. 175. The certificate of the county surveyor or any of his deputies shall be submitted as legal evidence in any court in this territory; but the same may be explained or rebutted by other evidence. No survey, or re-survey hereafter made by any person except the county surveyor or his deputy, shall be considered legal evidence in any court within this territory, except such surveys as are made by the authority of the United States, or by mutual consent of the parties.

SEC. 176. When it shall appear that the county surveyor is interested in any tract of land, the title of which is in dispute before a court, and a survey of which is necessary, the court shall direct the survey to be made by some capable and disinterested person, who shall be authorized to administer oaths, in the same manner as the county surveyor is directed to do, and shall return such survey, on oath or affirmation, and shall receive for his services the same fees as the county surveyor would be entitled to for similar services.

SEC. 177. During a vacancy in the office of county surveyor of any county, the board of commissioners of such county may appoint some person to perform the duties of surveyor until such vacancy shall be filled in the manner prescribed by law.

SEC. 178. It shall be the duty of said surveyor, by himself or one of his deputies, to execute any survey that may be required, by order of any court, or upon application of any individual or corporation.

SEC. 179. He shall keep a correct and fair record of all surveys made by him or his deputies, in a book to be provided by the county commissioners for that purpose, which shall be transmitted to his successors in office. He shall also number such surveys progressively, and shall preserve a copy of the field notes and calculations of each survey, endorsing thereon its proper number, a copy of which, and also a fair and accurate plat, together with the certificate of survey, shall be furnished by him to any person requiring the same, upon payment of the fees allowed by law.

SEC. 180. Any person owning or claiming lands which are divided by county lines, and wishing to have the same surveyed, may apply to the surveyor of any county in which any part of such land is situated; and on such application being made, the surveyor is authorized and required to make the survey, which shall be as valid as though such lands were situated entirely within the county for which such surveyor was chosen.

SEC. 181. When lands, the title of which is in dispute before any court, shall be divided by a county line, the court making an order of survey may direct the order to the surveyor of any county in which any part of such lands are situated.

SEC. 182. In all surveys, the courses shall be expressed according to the true meridian, and variation of the magnetic meridian from the true meridian shall be expressed on the plat, with the year, month and day of the survey. If a party for whom the survey is made does not furnish the necessary laborers and markers, the county surveyor or his deputy may employ the necessary laborers and markers, and shall receive the reasonable hire of all assistance necessary to be employed in making the survey.

SEC. 183. Any county surveyor who shall fail or refuse to perform any of the duties required of him by this act, shall be fined in a sum not exceeding two hundred dollars.

FEES OF SURVEYOR.

SEC. 184. For the first mile actually run with the compass and chain, five dollars; for each succeeding mile, four dollars. For each copy of a plat, and certificate, three dollars. For each lot laid out and platted in any city or town, three dollars. For recording a survey, two dollars. For calculating the quantity of every tract of land not divided, one dollar. For calculating the quantity of each division made in a tract of land, town lots excepted, one dollar. For traveling to the place of survey, for each mile, in going only, fifty cents. For ascertaining the location of every town lot in an old survey, and measuring and marking the same, three dollars. For copies and certificates, per folio, thirty cents. For erecting a monument at the corner of any survey, when required, three dollars. Expense of assistants shall be an additional charge, to be agreed upon by the parties.

FEES OF WITNESSES.

SEC. 185. For attending in any civil suit or proceeding before any court of record, referee, commissioners, or justice of the peace, for each day, five dollars. For traveling to the place of trial, for each mile, fifty cents. No person shall be obliged to testify in a civil action, unless his fees for attendance have been tendered him, or he shall not have demanded the same; and no person shall be obliged to attend in a civil action or proceeding as a witness, without the county in which he resides, unless the distance be less than thirty miles from his place of residence to the place of trial.

FEES OF JURORS.

SEC. 186. For each day, to be paid to grand and petit jurors, in all cases out of the county treasury, four dollars.

FEES OF JUDGES AND CLERKS OF ELECTIONS.

SEC. 187. For each day's attendance at any general or special election, the judges and clerks of election shall each receive five dollars, to be audited and paid out of the county treasury as other charges against the county.

INTERPRETERS AND TRANSLATORS.

SEC. 188. Interpreters and translators may be allowed such compensation for their services as the court shall certify to be necessary, to be taxed and collected as other costs, but the same shall not exceed six dollars per day.

SEC. 189. This act shall take effect and be in force from and after its approval by the governor. APPROVED, February 4th, 1864.