§138‑2. Payment of fees; when to be paid in advance.
All public officers shallreceive the fees prescribed for them respectively, from the persons for whom,or at whose instance, the service shall be performed, except persons suing aspaupers, and no officer shall be compelled to perform any service, unless hisfee be paid or tendered, except in criminal actions. The said officers shallreceive no extra allowance or other compensation whatever, unless the sameshall be expressly authorized by statute. In case the service shall be orderedby any proper officer of the State, or of a county, for the benefit of theState or county, the fees need not be paid in advance; but if for the State,shall be paid by the State, as other claims against it are; if for a county, bythe board of commissioners, out of the county funds. The fees in criminal casesare not demandable in advance. (Code, ss. 1173, 3758; Rev.,s. 2804; C.S., s. 3849.)