CORPUS JURIS SECUNDUM

A COMPLETE RESTATEMENT OF THE ENTIRE

AMERICAN LAW

Volume Thirty - Six

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The following is copyrighted by The American Law Book Company, Brooklyn, N.Y., in
association with West Publishing Co.
36 C.J.S. Fee §1

Fee, Estate in Land

As an estate of inheritance see generally Estates §§ 7-11; [fn1] and specifically

the references in the accompanying foot note.

Compensation or Emolument
In a general sense, the word implies compensation or salary; but if used in its
narrow, distinctive sense it signifies the compensation for particular acts or services
rendered in the line of official duties; and it has been defined as a charge fixed by law for
the service of a public officer, or for the use of a privilege under the control of the
government; a charge for services; a charge or emolument; a fixed charge; compensation;
compensation for a particular acts or services; compensation for particular services
rendered at irregular and uncertain periods; compensation to professional men, a
remuneration for services rendered in the line of their professions; every kind of
compensation allowed by law; pay or perquisite; a recompense for official or professional
services; payment in money for official or professional services, whether the amount be
options or fixed by custom or law; reward compensation or wage given to one for the
performance of professional services; reward or compensation allowed by law to an
officer for specific services performed by him in the discharge of his official duties;
reward or compensation for services rendered or to be rendered. Also, with a slightly
different connotation, the amount paid for a privilege, voluntary payment for a particular
privilege, or tribute to a superior.
The fee may be for acts or services done or performed partially done or rendered,
or to be done or rendered, or for services rendered at regular periods, especially for
personal, professional, or special services; and usually the particular acts or services
should be done or rendered in the line of some duty, although in a particular connection,
the term has been held broad enough to include ex officio compensation without specific
regard to the performance of any particular service; and, as used in some statutes, the
word “feeds” is not restricted to charges which may be collected by a public, while under
other statutes it has been held to be so limited. The general rule is that fees should be
paid by the persons obtaining the benefit of the acts, or receiving the services, or at whose
instance they were done or performed, whether persons or municipalities; the payments
should be in money, and are to be made to the person doing or performing the act or
services, as the fees of clerks, sheriffs, lawyers, doctors, etc. Specifically, in the case of
an official, payment may be made to him for his own use, or for the use of the public.
The amount of the fee may be optional, or may be fixed by law, as in the case of official
fees, or by custom, especially payment for professional services. Frequently the services
rendered are in the progress of a cause.
Depending on the circumstances, the term has been held equivalent to, or
synonymous with, “commission” see 15 C.J.S. p 582 note 15 “cost” see Costs §1 b note
28, and “percentage.” It has been compared or contrasted with, and distinguished from,
“allowance”, “Assessment”, “Commission”, “Compensation”, “cost”, “disbursement”,
“dues”, “emolument”, “expenses”, “gain”, “per diem allowances,” “profit,” “salary,”
“tax,” and “wages”.