188
AMERICAN HISTORICAL ASSOCIATION
The la.w regulating fees was passed by the Legislature of this state last year. 1 that law fixes the sheriffs milage at half a dollar for each League he rides from the seat of justice to the place where the process is to be served. The way I understand this law is that the sheriff can charge that sum for the number of Leagues he rides and no more-for example if he has ten writs to serve at Brazoria, and it is 20 Leagues from here to that place he only rides 20 Leagues to serve them all and can only charge 20 Leagues of milage and no more, and not 20 Leagues on each writ, for then he would get pay for 200 Leagues when in fact he had only traveled 20. Heretofore the sheriff has charged the full amt of milage on each writ and agreeably to this rule if he had 100 writs and summons for Brazoria he would get pay for 2000 Leagues which would be $1000, when in fact he had only traveled 20 Leagues and therefore by law would be entitled to receive 10 Dollars and no more-This is the greatest abuse that exists in the colony and this abuse must and will be cor- rected.- I urged the old Alcalde to publish the fee bill and to exe- cute it-I do believe that the only reason why it was not published last year, was because the Alcalde feared the Sheriff would make a clamor and it was supposed that the people would join him, for it has always been a general rule with the people to join in any clamor raised by no matter whom against the Alcalde or the Authorities let it be just or unjust. The fees charged by the Alcalde have never been very high, tho they are a little higher than the law allows, but the present Alcalde has only followed the rule that was adopted by his predicessor, and Duke followed the rule that was adopted by the old Court of Alcaldes, 2 who made a new fee bill much higher than the one which I established when the administration of justice was in my hands- No one is bound by law to pay any costs unless the bill of costs is made out with each item stated and signed by the Alcalde and delivered to the person who has it to pay or to his agent if he has one, and that bill of costs is a voucher on which the Alcalde may be punished by the Governor and Legislature of the State if the fees are more than the law allows- I cannot say that the decissions of the Alcalde as a Judge are just or unjust. I have made it a fixed rule to keep intirely clear of that office I mean the Judicial Office, and not even to give an opinion when asked, unless it is so far as to translate a law. I have however observed that the Alcalde is very particular to call in arbitrators in all cases chosen by the parties, and every case is decided by arbitra- 1 It docs not appear In the official publlcation of the laws. s Thomas M. Duke ,vaa the Drat alcalde ot the ayuntamlento ot San Felipe. The Court of A.Jcaldes waa an appellate court created by Austin in 1826 to assist him in the judicial business of his colony. See an article by the editor on the Government of Austin's colony, Southwestern Htstorlcal Quarterly, XXI, 231.
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