7-4-2515. Fees to be paid in advance. (1) The officers mentioned in this chapter may not perform any official services unless the fees prescribed for the services are paid in advance. On payment, the officers shall perform the services required. For every failure or refusal to perform the official duty when the fees are tendered, the officer is liable on the officer's official bond.
(2) The county clerk is not bound to record any instrument, file any paper or notice, furnish any copies, or render any service connected with the office until the fee for the recording or the service as prescribed by law is, if demanded, paid or tendered.
(3) When any publication is required by law to be made by an officer of any suit, process, notice, order, or other paper, the costs of the publication must be first tendered by the party, if demanded, for whom the order of publication was granted before the officer is compelled to make the publication.
History: (1)En. Sec. 4611, Pol. C. 1895; re-en. Sec. 3144, Rev. C. 1907; re-en. Sec. 4892, R.C.M. 1921; re-en. Sec. 4892, R.C.M. 1935; Sec. 25-208, R.C.M. 1947; (2)En. Sec. 4422, Pol. C. 1895; re-en. Sec. 3043, Rev. C. 1907; re-en. Sec. 4809, R.C.M. 1921; Cal. Pol. C. Sec. 4245; re-en. Sec. 4809, R.C.M. 1935; Sec. 16-2915, R.C.M. 1947; (3)En. Sec. 4617, Pol. C. 1895; re-en. Sec. 3150, Rev. C. 1907; re-en. Sec. 4898, R.C.M. 1921; re-en. Sec. 4898, R.C.M. 1935; Sec. 25-214, R.C.M. 1947; R.C.M. 1947, 16-2915, 25-208, 25-214; amd. Sec. 415, Ch. 61, L. 2007.