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All fees are effective January 1, 2011. PAPER TYPE: SERVICE FEE: RETURN FEE + MILEAGE: Basic Writ of Execution: $48: $2 + Mileage: In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid: (1) Filing of small claim, one defendant $15.00 Also, what, specifically, are they required to do to take care of the property that you are alleging they did not do? . This statute provides: Order to garnishee to pay debt After a levy upon a debt due or accruing to the judgment debtor from a third person, herein called the garnishee, the court may upon notice to the garnishee and the judgment debtor, and if the garnishee admits the debt, direct the debt, to an amount not exceeding the sum sufficient to satisfy the execution, to be paid to the officer holding the execution or to the receiver appointed by the court, either in 1 payment or in installments as the court may deem just. Civil Part Court Officers to a commission (referred to as dollarage) equal 22A:2-37.2(c) provides, in relevant part: [T]he following fees for officers of . This government document is issued by Courts for use in New Jersey. calculated based on the distance between the courthouse to the center of the without process or by summons, capias, replevin or attachment where the amount exceeds (b) A witness shall be paid an attendance fee of $40 per day for each day's attendance plus $.57 cents per mile, round trip (as directed by IRS 1/1/16) . Notice to the Bar, Special Civil Part Revisions to the Special Civil Part [3] judgment, or on a valid and subsisting levy of an execution or attachment which Law Division, Special Civil Part. (ii) For judgments not exceeding the monetary limit of the Special Civil Part at the time of entry, regardless of the court in which the action was filed: commencing January 2, 1986 and for each calendar year thereafter, the annual rate of interest shall equal the average rate of return, to the nearest whole or one-half percent, for the . 2023 Mileage. 22A:2-37.2(c); Notice of Special You will need to bring the papers to our Salida office or mail to the address listed above, along with your payment. 600.2559 Fees for service of process; fee for process with incorrect address; mileage; fee for advertising; liability; charging fee in excess of law; tax costs; "order for the seizure of property" defined. A levy pursuant to a writ of execution is the court officers method of taking control of property.[2]. Because New Jersey law requires payment of the court As of July 1, 2022, the jurisdictional limit for a civil matter to be brought in Small Claims court will be increased from $3,000 to $5,000. Superior Court Special Civil Part Fees . The turnover motion seeks a court order directing the bank (or other third party) to turn over the monies levied upon to the court officer or sheriff. A fee of $50 payable to the Treasurer, State of New Jersey shall be collected by the Tax Court on the filing of a complaint or counterclaim when the case is alleged to be within the small claims jurisdiction pursuant to Rule 8:11. officers commission whenever a writ of execution is the cause of a execution, notice or warrant. Court officers are also entitled to mileage a fee [2] Sylvan Equip. Judiciarys web page (njcourts.gov). A writ of execution setting forth the name and location of the bank account to be levied upon is filed with the court. functions (both pre and post judgment). SUBPOENAS . interest at the lower Special Civil Part rate. Civil Part Court Officers to a commission (referred to as dollarage) equal Mileage Lists, June 25, 2019. As "If an individual serving on a five-member California HOA board must recuse himself from voting on a review of a proposed physical change to the My property manager sold my tenant a new home. If a party must establish that a certain document was served, and thus noted on the proof of service, then a service fee will be charged. Please include mileage fee for each service requested. Court officers are also entitled to mileage a fee Where drivers will have to pay the federal government per mile that they drive. attachment issued subsequent to summons, (11)For advertising property under execution or any order, (12)For selling property under execution or any order, (13)Exemplified copy of judgment (two pages). Youll get a court date. Middlesex County . b. Change). endstream endobj startxref Under this section, a sheriff is not required to report or pay into the county treasury the mileage fees earned and collected by him. judgment, or on a valid and subsisting levy of an execution or attachment which Special Civil Part Court Officers Civil Part Court Officer Appointment Opportunity, Special Civil Part Essex County. Special Civil Part Court Officers are paid mileage at the same rate as is set for State employees, rounded upward to the nearest dollar. As one judge put it, [t]he turnover proceeding is the mechanism by which courts direct a bank holding the debtors funds to pay those funds over to creditors rather than to the debtor.[4], New Jersey Court Rules provide, however, that no turnover of fundsmay be made, in any case, until 20 days after the date of the levy and the court has received a copy of the properly completed notice to debtor. [5]. are unsalaried independent contractors who are officers of the court. execution, writ of attachment, or any order: $ 0.10. On the date the levy is made, the court officer levying on the account must mail a notice to the last known address of the person (or business entity) whose account was levied upon. (LogOut/ executions, notices and warrants for removal in landlord/tenant eviction cases [1] Typically, this involves a levy upon a bank account (although levies can be made upon commissions due, rents due, etc.). Civil Process. Civil Part Court Officers increased from $0.31 to $0.35 per mile. may be the effective cause in producing payment or settlement of a judgment or destination (town or location). [3], Special Civil Part Court Officers are paid mileage at the Special Civil Part shall be taxed in the costs and collected on execution, Re: Atlantic County Special Civil Part Mileage Fees Effective November 1, 2008, the mileage fees charged by the Atlantic County Special Civil Part for service of process by a duly appointed court officer of that county shall be as follows: TOWN FEE TOWN FEE Absecon $6 Margate $4 Atlantic City $2 Mays Landing $13 10-34546, United States Bankruptcy Court (D.N.J. Mileage for the distance the officer travels from the courthouse to the debtor's home or business. the same rate as is set for State employees, rounded upward to the nearest Post-judgment interest rates are governed by New Mileage lists are published on the New Jersey Judiciary's web page (njcourts.gov). CIVIL . . STEP 5: Where to file the SMALL CLAIMS COMPLAINT (FORM A) The complaint must be mailed or delivered to the Office of the Special Civil Part Clerk in the We also know a lot about what makes a home, a home. Jersey Motor Vehicle Commission, (6)Mileage of court officer in serving or executing any process, writ, order, execution, Other Costs: Ten percent fee: The special civil part officer will charge the debtor an extra ten percent on top of whatever money is recovered for you. Small claims Landlord/Tenant Special Civil Part, Use small claims if you believe you can be adequately compensated for an amount less than $3,000. The Supreme Court decided that counsel fees are not part of the "amount in controversy" in calculating the $10,000 jurisdictional limit for access to the Special Civil Part. 2A:17-50 allows $ 2.00. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid: (1) Filing of small claim, one defendant. . A Practice Note summarizing the key amendments to the New Jersey Court Rules, the New Jersey Rules of Professional Conduct, and the New Jersey Rules of Evidence for counsel practicing in the New Jersey Supreme Court, the Superior Court, Appellate Division, the Superior Court, Law Division, Civil Part, and the Superior Court, Chancery Division, General Equity Part. the Special Civil Part shall be taxed in the costs and collected on execution, executions, notices and warrants for removal in landlord/tenant eviction cases Jan. 6, 2011) citing N.J.S.A. . Red Willow . Did you sign an agreement that calls for mandatory arbitration? The following fee schedule applies to all services in the County Clerk's Office: All documents will be rejected and returned, if they are not tendered or accompanied by the appropriate fees as set forth in the schedule below. Entry of the turnover order creates an obligation for the bank to turn the money over the levying creditor. notice, or warrant, the distance to be computed by counting the number of miles in This is subject to change, however. Mileage fees earned by the deputy traveling in his own conveyance are the property of the deputy and not of the sheriff. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall. Staff of the Special Civil Part can inform you of the mileage fee, if any. officers commission whenever a writ of execution is the cause of a [2], This statute entitles Special dollar. . In addition, you must pay a mileage fee for delivery of the complaint by a Court Officer. The State of New Jersey, under P.L. (Deleted by amendment, P.L.2002, c. 34). /h__fVIDsr;4/~63g>|VV6mx#?G~x'c(GGf:~;G{}. shall be set by the Administrative Director of the Courts. [2] Sylvan Equip. as ordered by the Court. Fees . An additional $50 fee is required for requests for a jury trial by six jurors. for each defendant served with process by mail. Mileage for Special Civil Part Court Officers is Or do they simply alert you, under the terms of the contract, so you can put an attorney on the case? . 2. In the Special Civil Part, a statutory attorneys fee is provided as a taxed cost of suit. writ of attachment or order in the nature of any execution on any final Once you create your profile, you will be able to: to 10% of every dollar collected on execution, writ of attachment or any order 22A:2-37.1: Reservice of Summons or Other Original Process by Court Officer: Each Additional Defendant (Plus Mileage) . Fee; and $7 certified and regular mail Service Fee). 1 minute read. We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed by the Constitution and laws of the United States and this State. For Law Division claims, New Jersey Court Rule 4:43-2(a) permits assessment of pre-judgment interest as follows: If the judgment is based on a document of obligation that provides a rate of interest, prejudgment interest shall be calculated in accordance therewith.. (b) Small Claims. to 10% of every dollar collected on execution, writ of attachment or any order Email: records@chaffeesheriff.org. This notice must state that a levy was made, describe exemptions from levy and how such exemptions may be claimed. Each additional defendant served personally is an additional $2 fee plus applicable mileage fees. Surrogate's Fees . [A $3 mileage fee, plus applicable court officer mileage fees, are charged for one defendant instead of the . issued and assigned to that court officer when the writ may be the to the defendant at the address provided by the plaintiff. Arbitration can also keep both parties names out of the public records.For more information about the New Jersey Arbitration Program, click. [6] Mileage lists are also posted at this URL: https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf. . The new rate for deductible medical or moving expenses (available for active-duty members of the military) will be 22 cents for the remainder of 2022, up 4 cents from the rate . the Special Civil Part shall be taxed in the costs and collected on execution, 47 0 obj <> endobj In some instances, accounts are resolved/settled with judgment [1], New Jersey Statutes Annotated 22A:2-37.2 governs The plaintiff was awarded $9240 ($3080 trebled) by the trial court which then capped her attorneys fees at $760. v. Washington & Son, Inc. 292 N.J. Super. effective cause in producing payment or settlement of a judgment or attachment.. destination (town or location). [3], Special Civil Part Court Officers are paid mileage at 2. A levy pursuant to a writ of execution is the court officers method of taking control of property.[2]. . [3], After receiving a copy of the court officers affidavit of levy, a motion for a turnover order must be filed. days, the matter will be scheduled for hearing; and that if no objection is . If they arent in New Jersey, file your claim in the county where the claim started likely the county in which you own the property in question. The property manager re-rented the house for We know a lot about Property Management and how important it is to partner with the right company. 46:8B-19 (Condominium Act), the filing fee shall be $250 for the first separately assessed parcel of property of the property owner and $50 for each additional separately assessed parcel of property of said property owner included in the complaint, or if all of the parcels of the property owner are within the jurisdiction of the small claims division, $50 for the first separately assessed parcel of property of the property owner and $10 for each additional separately assessed parcel of property of said property owner included in the complaint. The Interest rate on judgments greater than the $15,000 monetary limit of the Special Civil Part at time of entry will be 4.50% effective January 1, 2020. (5)Service of Process: Fees for service of process, including: summons by mail, shall be rounded upward to the nearest dollar. 2A:17-53. each defendant; summons by mail each defendant at place of business or employment Courthouse, Suite 306 520 Market Street Camden, New Jersey 08102; 1-866-CAMDENCOUNTY (1-866-226-3362) commissioners@camdencounty.com A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at . 2A:17-63. Once the court officer receives a filed copy of the court order, he or she recovers the monies from the bank (or other third party) and remits the same to the creditor or creditors attorney. If the judgment is not based upon a document of obligation specifying a rate of interest, prejudgment interest shall be calculated in accordance with post-judgment interest rates pursuant to Rule 4:42-11(a)(ii). [1], New Jersey Statutes Annotated 22A:2-37.2 governs They or their insurance carrier may well quickly settle and you should probably find a new manager.Also, look deeper in your contract. (c) Multiple Causes of Action In a Single Complaint or Counterclaim. You can also find a great deal of information at the American Arbitration Associations website. attachment: (3) On every dollar collected on [6] Mileage lists are also posted at this URL: https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf. ]; and ; $50.00 for a jury trial by six jurors. They wanted to break the lease three months early. . small claims monetary limit, (4)Filing of appearance or answer to a complaint or third party complaint in all [6] Mileage lists are also posted at this URL: https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf. officers commission whenever a writ of execution is the cause of a Courts. [1] Typically, this involves a levy upon a bank account (although levies can be made upon commissions due, rents due, etc.). destination (town or location). [3], Special Civil Part Court Officers are paid mileage at Bergen Vicinage. 0 There are advantages to filing suit in either the Law Division or the Special Civil Part. Copyright 2018 All Rights Reserved by New Jersey Judiciary. . New Jersey provides the opportunity for litigants to file a lawsuit in either Small Claims court or Special Civil Part of the Superior Court if those claims are under the jurisdictional limits of those courts. . In some instances, accounts are resolved/settled with judgment . , it should be pretty clear and if you can show that you were damaged by your property managers negligence and that you kept your side of the bargain, they likely dont have much of a defense. This is subject to change, however. As of November 2014, the new application fee for a Warrant of Removal is $35.00, plus a mileage fee which varies depending upon the municipality in which the property is located. the small claims monetary limit, (b)Filing of complaint or other initial pleading containing a counterclaim, cross-claim For claims greater than $15,000 you must file in the Law Division of the Superior Court of the State of New Jersey.Note that if you really believe damages are greater than $15,000, but you still file in the Special Civil Part, you cannot later go back and sue for more money.The advantage of using the small claims court is that its cheaper and easier. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 22A:2-37.2(c) provides, in relevant part: [T]he following fees for officers of . 22A:2-37.2(c); Notice of Special Madison County NY | 138 N Court Street | Wampsville, NY 13163. [3] Under New Jersey law, the judgment debtor can requestand is entitled toa hearing to challenge the wage execution even after it is served. Code Blue Advisory Issued: Friday 2/24 6:00 p.m. to Sunday 02/26 06:00 a.m. How do I become an Officer with the Cape May County Sheriff's Office? In often prompt judgment debtors to contact the judgment creditors attorney in an Mileage Lists, June 25, 2019. Be sure to include the service fee and correct mileage cost from the second table for each service requested. judgment, or on a valid and subsisting levy of an execution or attachment which The Committee addresses issues affecting policy and procedure in the Special Civil Part. Mileage is . CRIMINAL . a writ of execution has been issued to a court officer. RULE 8:12 - Filing Fees. (LogOut/ execution, notice or warrant. . Treasury Dept. Because New Jersey law requires payment of the court [5] Notice to the Bar, Special Civil Part 1. A levy pursuant to a writ of execution is the court officers method of taking control of property.[2]. 14. a. State ex rel. certified and ordinary mail. This fee is awarded to the attorney, over and above any other fee and is typically taken from the last monies received from the debtor. Super., 1995), [4] Judge Donald Steckroth in In re Flores, No. Mileage lists are published on the New Jersey Judiciary's web page (njcourts.gov). . for the distance traveled in serving or executing any process, writ, order, $2 + mileage: Civil Warrants: $48: $2 + mileage: Pro Se Papers (without counsel) $22: $2 + 4x mileage for each defendant: . Tell us what you're looking for and we'll connect you with our network of property managers in minutes. [2], This statute entitles Special Code 1283.2 Their income consists of statutory fees paid by litigants for service of process issued by the Court, retention of a percentage of the money they collect pursuant to writs of execution, and fees for serving and executing warrants for removal in tenancy actions. 269 as ordered by the Court. 2A:17-63. entitled to the same fees and mileage as a witness in a civil action, payable by the treasurer of the county upon the certificate of the court. Topics discussed by Mr. Eichenbaum included Special Civil Part jurisdictional limits, types of matters heard, service of process, entry of default and judgment, discovery, and motion requirements. Did you pre-pay for property management services? Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The webinar was presented for the New Jersey Institute for Continuing Legal Education. Once the court officer receives a filed copy of the court order, he or she recovers the monies from the bank (or other third party) and remits the same to the creditor or creditors attorney. . Because New Jersey law requires payment of the court provides the annual rate of [post judgment] interest shall equal the average c.(Deleted by amendment, P.L.2002, c. 34). Show up ready to prove your case. On the date the levy is made, the court officer levying on the account must mail a notice to the last known address of the person (or business entity) whose account was levied upon. Motion - Local Property and State Taxes . _lqG! Mileage. $22.00 + $2.00 (Return) = $24.00 + mileage, $25.00 + $5.00 (Notary )= $30.00 + mileage, $20.00 + $5.00 (Notary) = $25.00 + mileage, $16.00 + $5.00 (Notary) = $21.00 + mileage, $48.00 + $2.00 (Return) = $50.00 + mileage. While the amount of each fee is fixed by law, the fees that apply to individual cases may differ, according to the specific services that the marshal performs. officer whenever payment is received directly from a judgment debtor. Stay up-to-date with how the law affects your life. Mileage for Special Civil Part Court Officers is [5] Notice to the Bar, Special Civil Part issued and assigned to that court officer when the writ may be the $2.00 for each additional defendant. . served upon the defendants place of business by the court officer or sheriff September 30, 2008 at 12:00 AM. often prompt judgment debtors to contact the judgment creditors attorney in an [1] N.J.S.A. This notice must state that a levy was made, describe exemptions from levy and how such exemptions may be claimed. VMT fees are distance-based fees levied on a vehicle user for use of a roadway system. collection/settlement, the statutory 10% commission must be paid to a court 22A:4-8) which was signed into law on January 8, 2002 has revised all fees for service of documents and executions of writs. Supreme Court Fees . (a) General. Management Fund (State accounts) as reported by the Division of Investment in No fee shall be payable on the filing of any motion in a case within the small claims jurisdiction pursuant to Rule 8:11. This statute provides: Order to garnishee to pay debt After a levy upon a debt due or accruing to the judgment debtor from a third person, herein called the garnishee, the court may upon notice to the garnishee and the judgment debtor, and if the garnishee admits the debt, direct the debt, to an amount not exceeding the sum sufficient to satisfy the execution, to be paid to the officer holding the execution or to the receiver appointed by the court, either in 1 payment or in installments as the court may deem just. In some instances, accounts are resolved/settled with judgment For judgments exceeding the Special Civil Part monetary limit of $15,000 at the time of entry, Rule 4:42-11(a)(iii) specifies that an additional 2% per annum is added to the rate applicable to Special Civil Part cases. . dollar. [6], 1 N.J.S.A. Downloads: 21. Entry of the turnover order creates an obligation for the bank to turn the money over the levying creditor. Civil Division Manager's Office (201) 527-2600 415. A writ of execution setting forth the name and location of the bank account to be levied upon is filed with the court. . from trust funds, or profits of the judgment debtor. The amount to be Superior Court Special Civil Part Court Officer fees in connection with various Current as of February 19, 2021 | Updated by FindLaw Staff. Indeed, writs of execution 2014; amended March 7, 2017 to be effective immediately; Special Civil Part section amended July 27, 2018 to be . SPECIAL CIVIL PART MILEAGE LISTS (Revised mileage lists, effective July 1, 2019) Atlantic County Absecon $ 6.00 Atlantic City2.00 often prompt judgment debtors to contact the judgment creditors attorney in an for the distance traveled in serving or executing any process, writ, order, 46:8B-19 (Condominium Act), separately assessed properties that are not in common ownership may not be combined in one complaint or counterclaim. a writ of execution has been issued to a court officer. to 10% of every dollar collected on execution, writ of attachment or any order If a judgment in a Law Division case is Their income consists of statutory fees paid by litigants for service of process issued by the Court, retention of a percentage of the money they collect pursuant to writs of execution, and fees for serving and executing warrants for removal in tenancy actions. . The judgment debtors account is now frozen up to the amount levied upon; these funds are unavailable to the judgment debtor. . Please note, effective March 1st, 2018, all evictions will incur double mileage charges. hbbd```b``"gI"Y %LIe0) V"Z@qH%dT20mC5? h ; the same rate as is set for State employees, rounded upward to the nearest Learn how your comment data is processed. This notice must state that a levy was made, describe exemptions from levy and how such exemptions may be claimed. They serve or execute process, writs, orders, (4)Small Claims. 2A:17-63, Special Civil Part Court Officer Post-Judgment Dollarage and Mileage in NewJersey, https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf, Post Judgment Remedies in New Jersey: BankExecutions. Effective July 1, 2019, the mileage rate for Special Civil Part Court Officers increased from $0.31 to $0.35 per mile. . Jan. 6, 2011) citing N.J.S.A. These fees are also known as mileage-based user fees or road usage charges. As long as its a matter of negligence as opposed to outright fraud, its generally a civil matter. . They serve or execute process, writs, orders, For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The turnover motion seeks a court order directing the bank (or other third party) to turn over the monies levied upon to the court officer or sheriff. %PDF-1.7 % made by court officers and sheriffs on a regular basis. When monies are recovered by a Court Officer, the Court Officer keeps his/her 10% commission and sends the rest of the collected funds to the judgment creditor or judgment creditors attorney. for the distance traveled in serving or executing any process, writ, order, %PDF-1.5 % each year. process shall not exceed the postal rates for ordinary and certified mail, return What is the procedure for obtaining a background check? Mileage fee for a CIVIL ACTION-Please refer to the Zip Code Mileage Table. effort to resolve such cases. Effective July 1, 2019, the mileage rate for Special Civil Part Court Officers increased from $0.31 to $0.35 per mile. In some instances, accounts are resolved/settled with judgment [6], 1 N.J.S.A. 2% interest rate step up does not apply, and the judgment accrues (ii)Condominiums in Separate Ownership. Morris County . receipt requested, and may include an administrative fee that shall not exceed $0.25 But since then, theyve seen a dip. Mileage Lists, June 25, 2019. A $3 fee, plus special civil part officer mileage fees, is charged for one defendant if served personally by a special civil part officer. New Jersey arbitrators are all veteran judges and attorneys with at least seven years experience, and the process can potentially save both sides a lot of money in attorneys fees and court costs. sending now . Superior Court Fees . - Manage notification subscriptions, save form progress and more. . Emergency: 9-1-1Dispatch (Non-Emergency): 609-600-5061Administrative Line: 609-463-6430Law Enforcement Division: 609-463-6420Corrections Division: 609-465-1233Civil Division: 609-463-6428, Headquarters:9 North Main StreetCape May Court House, NJ 08210. . Revised 07/24/2009, CN 10548-English (How to Ask the Court to Order a Wage Execution in a Special Civil Part Case) . These fees differ from tolls because they are based on the distance driven on a defined network while tolls are facility specific and not necessarily levied on a per-mile basis. . [6], 1 N.J.S.A. New Jersey Rules governing pre and post judgmentinterest, https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf. writ of attachment or order in the nature of any execution on any final If a complaint or counterclaim in an action to review a real property tax assessment includes more than one separately assessed parcel of property in common ownership pursuant to Rule 8:3-5(a)(2), (3) and (4), the filing fee shall be $250 for the first separately assessed parcel of property included in the complaint and $50 for each additional separately assessment parcel of property of said property owner included in the complaint; provided, however, that in the event the sole cause of action shall be the appeal of the grant or denial of an exemption, the fee for additional separately assessed parcels of property shall not be imposed. officer whenever payment is received directly from a judgment debtor. may be the effective cause in producing payment or settlement of a judgment or 568, 573 (N.J. 610.50 Securing attendance of witness by subpoena; fees. . Witness Fee - half day (Note: See Mont. Special Civil Part Court Officers are paid mileage at the same rate as is set for State employees, rounded upward to the nearest dollar. In all cases or proceedings not specified in sections 2335.06 and 2335.08 of the Revised Code, except as otherwise provided in section 2335.061 of the Revised Code, each person subpoenaed as a witness shall be allowed one dollar for each day's attendance and the mileage allowed in courts of record.
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