trict fiscal, or any party to a suit in which a stenographic record has been made, a typewritten copy of the record, or any part thereof, for which he shall be entitled to receive, in addition to his salary, a fee of ten cents per one hundred words, to be paid by the party requesting the same, and to be taxed as costs in the case against the party finally defeated in the action; Provided, when such copy is requested on behalf of the People of Porto Rico, or by a defendant in a criminal case, or his attorney, and where after conviction the defendant in a criminal case shall satisfy the court by affidavit or otherwise that he is unable by reason of his poverty to pay for such copy so requested by him or his attorney, the stenographer shall issue such copy free of charge. And in all civil cases in which a party to an action shall file the required affidavit showing his inability to pay the cost required by law, such person shall be entitled to the gratuitous services of the court stenographer on the same terms as the same are given to indigent persons in criminal cases, and the fees of the stenographer shall be included in the costs when the latter are imposed upon the party able to pay same. Such copy of the record shall constitute prima facie the minutes of the court and may be used on all motions for new trials, review or appeal, when minutes of the court may be used. SECTION 6.-It shall be the duty of the reporter to deliver said copy within thirty days after being requested, unless the court extends the time, which in no case shall exceed another thirty days. SECTION 7.-The plaintiff in a civil action hereafter commenced in the District Courts, at the time of filing the complaint in such action, shall pay to the secretary of said court the sum of three dollars, which sum the said secretary shall, on the first Monday of the following month after the receipt thereof, pay into the insular treasury, and it shall be placed by the Treasurer to the credit of the general fund. SECTION 8.-This Act shall take effect and be in force on and after twelve o'clock noon on July 1, 1904. All royal decrees, or orders, military orders, Acts, or parts of Acts, in conflict with the same, are hereby repealed. Approved, March 10, 1904. AN ACT PROVIDING FOR THE APPOINTMENT OF DISTRICT FISCALS, DEFINING THEIR DUTIES, AND FOR OTHER PURPOSES. Be it enacted by the Legislative Assembly of Porto Rico: SECTION 1.-The Governor, by and with the consent of the Executive Council, shall appoint a fiscal for each judicial district, whose term of office shall be for four years, and his commissions shall cease and expire at the expiration of said four years from the date of the appointment. Each district fiscal, before entering upon his duties, shall be sworn to a faithful execution of his duties, according to section 186 of the Political Code. SECTION 2.-The fiscals shall have the following qualifications: Be over twenty-five years of age; be an attor ney with the right to practice before the Supreme Court of Porto Rico; and must be able to transact the business of his office in the Spanish language, as also to sustain his charges before the jury in said language. SECTION 3.-It shall be the duty of every district fiscal to prosecute in his district, all delinquents for crimes and offenses cognizable under the authority of the People of Porto Rico, and all civil actions in which the People of Porto Rico are concerned, and shall perform all other duties conferred upon him by law, and commissions of the Attorney General. SECTION 4.-Every district fiscal shall, on instituting any suit for the recovery of any fine, penalty or forfeiture, immediately report the same to the Attorney General. SECTION 5.-Each district fiscal shall receive a salary of three thousand dollars per annum, payable by the insular treasury. SECTION 6.—All laws, or parts of laws, in conflict with this Act, are hereby repealed. SECTION 7.-This Act shall take effect from and after July 1, 1904. Approved, March 10, 1904. AN ACT CONCERNING FEES AND COMPENSATION OF CERTAIN OFFICERS. Be it enacted by the Legislative Assembly of Porto Rico: SECTION 1.-The secretary of the District Court may lawfully charge, demand and receive the following fees for services rendered in discharging the duties imposed upon him by law: For indorsing each suit on the register of actions, and making the necessary entries therein, twenty-five cents. For issuing every summons, attachment, writ of injunction, or other original writ or process, fifty cents. For issuing each subpoena, ten cents. For filing each paper, fifteen cents. For entering of record every motion, rule, order, default, non-suit, or discontinuance, twenty cents per folio. For entering every cause on the calendar, and making a copy thereof for the bar, fifty cents. For entering every final judgment, for each folio, twenty cents. For making a copy of any paper or record, including certificate, when required, for each folio, twenty cents. For making and filing judgment roll, fifty cents. For every certificate under seal, twenty-five cents. For issuing every commission to take testimony, including certificate and seal, one dollar. For issuing every execution, or other final process, fifty cents. For issuing every decree or order of sale, certificate and seal, for each folio, twenty cents. For receiving and filing remittitur and accompanying papers from the Supreme Court, twenty-five cents. For taking each bond required by law, twentyfive cents. For swearing witnesses, ten cents. For taking affidavit, including jurat, fifteen cents. For entry of each case in judgment docket, fifty cents. For entering satisfaction of judgment, twenty-five cents. For filing and entering transcript of judgment from justice's court, fifty cents. For all services not herein enumerated and of him required, or which he is called upon to perform, such fees as are herein allowed for similar services. SECTION 2.-The marshal must demand and receive the fees hereinafter specified for all services performed by him in the discharge of his duties: 1. For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on each defendant, one dollar. 2. For serving an attachment on property, or levying an execution or executing an order of arrest, or order for the delivery of personal property, one dollar. 3. For his trouble and expense in taking and keeping possession of and preserving property under attachment or execution, or other process, such sum as the court may order; Provided, that no more than two dollars per diem be allowed to a keeper. 4. For taking a bond or undertaking in any case in which he is authorized to take the same, fifty cents. 5. For copy of, and making return on any writ, process, or other paper, when demanded or required by law, for each folio, twenty cents. 6. For serving every notice, rule or order, fifty cents. 7. For making and posting notices, and advertising property for sale on attachment or execution, or under any judgment or order of sale, exclusive of the costs of publication, each notice, twenty cents per folio. 8. For serving a writ of possession or restitution, putting a person in possession of premises and removing the occupant, three dollars. 9. For holding a trial of right of property, to include all services in the matter except mileage, three dollars. 10. For serving a subpoena, for witness summoned, twenty-five cents. 11. For commissions of receiving and paying over money on execution or other process, when land or personal property has been levied on and sold, on the first one thousand dollars, two per cent; on all sums above that amount, one per cent; but in no case of sale of real estate shall his commission exceed the sum of one hundred dollars, and when the amount of such sale is credited on the debt and no money is transferred, then one-half of such commission. 12. For commissions for receiving and paying over money on execution without levy, or where lands or goods levied on are not sold, on the first thousand dollars, one and one-half per cent; and one-half of one per cent on all over that sum, but not to exceed in any case the sum of fifty dollars. The fees herein allowed for the levy of an execution, costs for advertising and percentage for making or collecting the money on execution, must be collected from the judgment debtor by virtue of such execution, in the same manner as the sum therein directed to be made. 13. For drawing and executing a marshal's deed, including the acknowledgment, to be paid by the grantee before the delivery, three dollars. 14. For executing a certificate of sale, exclusive of the filing and recording the same, one dollar. 15. For traveling, to be computed in all cases from the court-house, to serve any summons and complaint, or any other process by which an action or proceeding is commenced, notice, rule, order, subpoena, venire, attachment on property, to levy on execution, to post notice of sale, to sell property under execution or other order of sale, or execute an order of arrest, or order for the delivery of personal property, writ of possession or substitu |
