DiGEST OF FEES. CORNELL UNIVERSHY LIBRARY m 924 076 605 355 Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN fiEnoRY OF JUDGE DOUGLASS BOARDMAN FIRST DEAN OF THE SCHOOL By bis Wife and Daugliter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924076605355 1884. NEW ENLARGED EDITION. 1884. PRICE-CIotb, SI. 00; Paper, 75 Cents. A Digest of Fees —OF — Town and County Officers —OF THE- STATE OF NEW YORK. REWRITTEN AND ADAPTED TO THE NEW CODES —BY — CLINTON A. MAON, Counselof at Law. FIFTH EDZTZOH'. ROCHESTER, N. Y. -. WILLIAMSON 4 HIGBIE, LAW BOOKSELLERS AND PUBLISHERS, 1884. Ent«red according to Act of Congress, in the year 1881, By C. A. MOON, In the Office of the Librarian of Congress, at Washington. Entered according to Act of Congress, in the year 1 884, By C. A. MOON, In the Office of the Librarian of Congress at Washington. UNION A ADV. GO'S PRtNT, ROCHESTER, N. Y. PREFACE. The first edition of the following DiG EST, was pub lished in pursuance of a resolution of the Board of Su- pervisors of Herkimer County, in 1872. Since the first edition was published, the Civil, Criminal, and Penal Codes have been enacted, and the laws governing Fees have been much changed. Four editions have been published, each subsequent edition larger than the preceding. This edition contains the Law as it now stands. Local statutes are not included. The references to the Revised Statutes, are to the Seventh {Throop's) Edi- tion, and to the Code of Civil Procedure, unless other wise noted. CLINTON A. MOON. DIGEST OF FEES. ACCOUNTS. "No account shall be audited by any board of Town Auditors, or Supervisors, or Superintendents of the Poor, for any services or disbursements unless such accounts shall be made out in items, and accompanied with an affidavit attached to, and to be filed with such account, made by the person presenting or claiming the same, that the items of such account are correct and that the disbursements and services charged therein have been, in fact, made or rendered, or necessary to be made or rendered at that sessioa of the board, and stating that no part thereof, has been paid or satisfied." I R. S., 845, § 24. The affidavit to such account may be taken before any Supervisor of the County (Laws 1870, ck. 69), or any officer authorized to take affidavits. See ^''Affi- davit sT ACKNOWLEDGMENTS May be taken within this State before Justices of the Supreme Court, Judges of the County Courts, Mayors and Recorders of Cities, Commissioners of Deeds, Justices of the Peace, Surrogates and Notaries Public. 3 R. S., 2216. Laws 1859, '^f'- 3^° 5 i^'^A, ch. 309. For taking proof or acknowledgment of Deed and drawing and signing Certificate, for one person, .25 For each additional person 12 For swearing each witness (Code § 3298) 06 6 DIGEST OF FEES. '^o Judicial Officer, except Justice of the Peace shall receive to his own use any fees or perquisites of office. Constitution, art. 6, § 2i. A County Jud^ge may receive for the use of the County the same fees allowed to a Justice of the Peace for ser- vices which may be rendered by Justices of the Peace or Commissioners of Deeds. 3 R. 5., 2466; Laws 1857, ch. 564. ADMINISTRATORS Appointed by Surrogate, to take oath of office and give bond. For receiving and paying out not exceeding $1,000 S pc ct. Exceeding $1,000 and less than $10,000. ... 2| per ct. All sums exceeding $10,000 i per ct. And in all cases a just and reasonable allcvance for actual and necessary expenses. 3 R. S., 2303, Laws 1863, ch. 362, § 8. The County Treasurer when acting as administrator is allowed double the above commissions. 3 R. S., 237i>§7i- For the sa/e of real estate, executors and admin- istrators are allowed, for each day necessarily occupied by them in such sale, to be allowed by the Surrogate, not exceeding {Code, § 2563), $5 .00 ADVERTISEMENTS. {Legal.) For publishing any notice, order, citation, summons or other proceeding or advertisement required by law to be published, except Session Laws, Not more, per folio, for first insertion than 75 For each subsequent insertion 50 Session Laws, not more per folio than 50 As Supervisors shall determine. {Code, § 3317). AFFIDAVITS— APPEALS. / AFFIDAVITS May be taken before any Judge or Clerk of a Court of Record, Justice of the Peace, Commissioner of Deeds, or Notary Public, Mayor or Surrogate. {Code, § 842.) For taking an affidavit before a Justice of the Peace {Code, § 3322) 10 For taking an affidavit before a County Judge. (3 R. S., 2466) 12 For taking an affidavit before a Commissioner of Deeds, Notary Public or County Clerk. {Code, .§ 3298) 12 APPEALS {To State Assessors by Supervisor). The costs and expenses arising from or connected with an appeal from the action of a Board of Supervis- ors to the State Assessors shall be a town charge when the appeal is not sustained Laws 1873, ch. 327, § 15 ; as amended, Laws 1874, ch. 351, § i, and 1880, ch. 80. When sustained, by the other towns of the County, Same. 2 R. S., 1001-2, and 1004. APPEALS {To County Court). To be brought within 20 days after judgment. When the claim for which judgment is demanded by either party in his pleadings shall exceed $50, a new trial shall be had if the appellant states in his notice of ap- peal that he demands a new trial. In a case where a new trial is not had if the judg- ment is affirmed in part, costs in the discretion of the Court not exceeding {Code § 3066) ffo.oo To the Justice for making return on appeal, . . 2.00 To the party entitled to costs when A NEW TRIAL IS HAD IN THE COUNTY COURT: For proceedings before notice of trial $15 .00 8 DIGEST OF FEES. For subsequent proceedings before trial $10.00 For trial of an Issue of Law 1 5 . 00 For trial of an Issue of Fact 20.00 For argument of motion for a new trial on a case, 1 5 . 00 For every term, not exceeding five, at which the appeal is necessarily on calendar, and is not tried or is not postponed by the Court. {Code % 3073 10.00 IN OTHER APPEALS: To the appellant on reversal 30.00 To the respondent on affirmance {Code, § 3067). 25 .00 APPEALS {To Court of Appeals). An appeal from an order must be brought in sixty days ; in other cases within one year after judgment. {Code, § 1325.) To either party on appeal to Court of Appeals before argument $30 . OO' To either party for argument 60 . 00 To either party for preparing and serving a case 20.00 To either party for every term, not exceeding ten, Cause on Calendar, excluding the term at which cause is argued in the Court of Appeals, {Code, §3251) 10.00 APPEALS {To Supreme Court), From an inferior Court, must be brought within sixty days after judgment. {Code,% 1341.) From a judgment or order, in the same court, within thirty days after written notice of the judgment or order. APPRAISER— ARBITRATOR— ASSESSORS. 9. To either party on appeal to the Supremt Court except from certain orders be- fore argument ; . . . .$20.oo> " for argument 40 . oo- " for every term, not exceeding five general terms, at which the cause is necessarily on the Calendar and is not tried or is postponed by order of the Court {Code, § 3251) lo.oo- APPRAISER Appointed by Surrogate on application of Exec- utor or Administrator, and entitled to receive a reasonable compensation to be allowed by the Surrogate not exceeding, for each day em- ployed, in addition to actual expenses neces- sarily incurred. {Code, § 2565) S .00 Of property taken on attachment, as the Judge issuing allows, not exceeding per day {Code, § 3307, ^ub. 2) 2.00 ARBITRATOR. He is entitled to a compensation the same sum allowed to Referees, not exceeding for each day {Code, § 2371) 6 . 00 ASSESSOR Elected for three years, to file oath of office within ten days after notice of election. Assessors shall receive for each day's service performed by each {i R. S., 83, Laws of 1870, ch. 242, § 2) 2 . oo- 10 DIGEST OF FEES. ASSIGNEES 'Of non-resident, absconding, insolvent, or im- prisoned debtors are entitled to deduct out of moneys in their hands all necessary dis- bursements, and a commission on the whole sum which will have come into their hands at the rate of (3 R. S , 2271, § 29) 5 per ct. For benefit of creditors {Laws 1878, ch. 318, 3 R. S., 2281) 5 per ct. ATTACHMENT {Justice's Court). Justice for issuing {Code. § 3325) $ .2$ Constable for serving, with Summons {Code, § 3325 I 00 Constable for copy of Attachment and Inven- tory 75 Constable for every mile traveled, going and re- turning, to be computed from defendant's abode, or the place where it is served, tp place where the precept is returnable {Code, § 3323). . 10 He must show by affidavit that such travel was nec- essary and actually traveled and that he had no other •official or private business. {Code, § 3324.) ATTACHMENTS {Supreme Court). Plaintiff entitled to additional allowance in an action ■in which a warrant of attachment has been issued. For an amount not exceeding $200 10 per ct. For any additional amount not exceeding $400 5 per ct. For any additional amount not exceeding $1,000 {Code, § 3252) 2 per ct. See ^'Sheriff's Fees." ATTORNEYS — AUCTIONEERS— AUDITORS. 1 L ATTORNEYS. ' All statutes establishing or regulating the costs or fees of attorneys, solicitors and counsel in civil actions- are repealed. {Code, § 66.) See '^Lunatics," "Mandamus," "Mortgage Foreclos- ure," and " Costs (in civil actions)." AUCTIONEERS. No auctioneer shall demand or receive a higher compensation for his services than a commis- sion on the amount of sales, public or private, made by him unless by virtue of a previous agreement in writing between him and the owners or consignee of the goods sold, of (2 R. S. 1275, § 23) 2^ per ct .. AUDITORS. ( Town). To consist of the Supervisor, Justices and Town Clerk, except in certain Towns in the Counties of Clin- ton, Madison, Warren and Essex. For each day's service performed by each $ 2.00. "In the Towns mentioned (i R. S., 839; Laws of 1880,^^.130; Laws of ii%i, ck. lyo) 3.00- AUDITORS {Appointed by Surrogate). ■ Surrogate may appoint a Referee to examine accounts, presented to him. , For each day {Code, § 2546), $ 6.00 1 BASTARDY. The fees allowed by law for services under the statute entitled "Of the support of bastards" are as follows-.. 12 DIGEST OF FEES. To Justices: A warrant of arrest $ .50 Endorsing such warrant, issued from another County, 25 Drawing Bond 25 Warrant of Commitment 25 A Summons 25 A Subpoena, including all names inserted 25 Taking and certifying the acknowledgment of any instrument required to be acknowledged. .25 Administering an Oath 10 For services when associated with another Jus- tice, for each day actually and necessarily spent {Code, § 3322), 2 .00 To Constables: Serving warrant 50 For arresting and committing any person pur- suant to process i .00 For every mile traveled going and returning, {Code, § 3323) See " Constables." 10 To Witnesses: For each day's actual attendance {Code, § 3327). .25 BEGGARS AND VAGRANTS. The fees allowed by law under the statute " of Beg- gars and Vagrants " are Town charges, as follows: To Justices: Warrant of arrest | .25 Administering an oath or affirmation lO Subpoena, including all names 25 Record of conviction and filing same 75 Warrant of commitment 25 Examination of accused for each day i .00 £very necessary adjournment 25 BOARD OF ALMS— BOARD OF EXCISE. 1 3 To Constables : For serving warrant 50 For every mile traveled going and returning. . . .10 Taking defendant on a Mittimus 25 Taking defendant to Jail or Poor House, for every mile traveled going and returning 10 Laws of 1866, ch. 692, as amended ; Laws of 1877, ch. 89, § 8. See " Constables." Witnesses : For each day's actual attendance {Code, § 3327). .25 BOARD OF ALMS {Of Little Falls). To be constituted of Supervisor, President of the Village and Commissioner of Alms, elected annually at Town Meeting. Board to appoint a Treasurer and Overseer of Alms. Laws of 1862, ch. 4. The Board may allow for their own services per annum, to be apportioned among them as a majoi'ity may direct, a sum not exceeding {Same, § 9) $100.00 Board may determine compensation of the Overseer of Alms which shall not exceed, per annum 300 . 00 Also of the Treasurer not to exceed, per annum {Same, § 4) 30 . 00 The compensation of such officers to be apportioned by the Board of Supervisors to the Town and County in the ratio of the amount expended for the relief of the Poor, chargeable to the Town and County respect- ively. {Same, § 8.) BOARDS OF EXCISE. (See " Commissioners of Excise.") 14 DIGEST OF FEES. BOARDS OF HEALTH. Common Council in Cities, and Trustees of incorpor- ated Villages, to appoint not less than three nor more than seven, and a competent Physician. (2 R. S., 108 1.) The Supervisor and Justices of the Peace or the major part of them in each town, shall be a Board of Health, who shall appoint some competent physician to- be Health Officer. {Same § 2.) For services the Supervisors and Justices are each entitled per day to {Laws of 1870, ch. 242, § 2, I R. S. 839) ...% 2.ocy The compensation of the Health Officer is fixed by the Board. {Laivs of 1882, ch., 351, g i, 2 R. S. 1082, § I4-) The expenses incurred under the act are a charge- only on the City, Village, or Town, as the case may be.. {Laws of 1882, ck. 351, § 3.) For fees of Sheriffs and Constables under this act, see: those titles. BOARD OF SUPERVISORS. (See " Supervisors.") BOND. Justice' fees for drawing any bond, in Civil Cases {Code, 1^ 2,122) $ .25. In Criminal Cases {Laws of 1866, ch. 692, § 3, as amended ; Laws of 1 884, cA. 1 88) 25 . BOUNTIES {For Destruction of Wild Beasts). Board of Supervisors have power to make such laws ■ and regulations as they may deem necessary, for destruction of wild beasts, etc. 2 R. S.,<^2\,%\, sub., 13. For each and every wolf killed in Herkimer County there is a County Bounty of {See Pro- ceedings of Board of Supervisors of Herkimer County, 1864, p. 6) $1 5 .00 • CATTLE LAW — CENSUS ENUMERATORS. I 5 There is a State Bounty for each full grown wolf$30.cx) Por a pup wolf 1 5 . 00 For a panther {Laws 1879, ^^^- 534' § 3i> 3 -^- -S^-i 2106) 20.00 CATTLE LAW. It is not lawful for any cattle, horses, swine, sheep •or goats to run at large in any public place or highway, .and it is the duty of every Overseer of Highways, with- in his road district, and every Street Commissioner in .any incorporated Village, to seize and take into his possession any animal so at large. {Code, § 3084). Penalty payable to Overseer of Poor for every horse, swine or cattle $ 5 .00 For every sheep or goat {Code, § 3083) i . 00 If such running at large is caused by the wilful act of another than the owner, to be recovered by owner or person making seizure {Code, § 3099) 20 . 00 The costs of proceedings under this statute are the •same as allowed in civil actions with the following -additions : To the Justice for each animal sold $ i .00 To the party or ofificer making .such seizure, for every horse or colt, each i .00 For every cow, calf or other cattle, each. . . 50 For every goat, sheep or swine, each 25 Together with actual damages to party and reasona- Tale compensation for care and keeping. {Code, § 3092). CENSUS ENUMERATORS. Tor each day actually and necessarily employed (i R.S.,267) $ 3.00 CERTIFICATE. "S&Q ''Acknowledgment" ''Clerk" "-Justice of the Peace." 1 6 DIGEST OF FEES. CERTIORARI. To Justice of the Peace for return to any writ of Certiorari to be paid by the County {Laws 0/1866, c/i. 692, §4; 3R. S , 2585) $ 2.00 Ste '"Sheriffs," "Constables" and ''Attorneys." In Supreme Court costs in discretion of Court not to exceed {Code, § 2043) $50.00- CHATTEL MORTGAGES. To Clerks authorized to file and enter Chattel Mort- gages : For filing every such mortgage $ .06 For entering the same in books as required by law (3 R. S., 2250, § 6) o6- CLERKS OF BOARDS OF SUPERVISORS Are entitled to a reasonable compensation for their services, to be fixed by the Board. (2 R. S., 927, § 10). For a certified copy of every account on file in his ofifice, for every folio of 128 words (2 R. S., 927, § 12) $ .06- CLERKS OF THE POLLS Shall receive for each day's service performed by each {Laws of 1870, ck, 242, § 2) 2 .oo- CLERK OF COURT OF APPEALS. See Code, § 3300. For filing No. of Appeal and all papers transmitted therewith . . . . : $ .50' Filing any other paper 10 Drawing an order, each folio 20 Entering an order 20 And for each folio, more than two 10 Entering judgment 25 Engrossing a remittitur, each folio 10 Certificate other than a paper for copying, which he is entitled to pay 25 For sealing any paper when required ^o COLLECTOR — COMMISSIONERS OF EXCISE. 1 7 COLLECTOR {Of Taxes). Tor collecting and receiving taxes within thirty days from posting notices required by law (i R. S., 847) i per ct . .For all taxes collected after the expiration of said thirty days. 5 per ct. .For all unpaid taxes returned to County Treasurer to be paid by said County Treas- urer (i R. S., 850) 2 per ct. COLLECTOR {0/ School District). For all taxes voluntarily paid within two weeks i per ct . For all sums collected after the expiration of two weeks 5 per ct . In case of levy and sale, travel fees per mile from School House (2 R. S., 1174, Laws 1877,^/^.33) $ -lo COMMISSIONERS OF EXCISE. In Towns to be elected at town meeting. In Cities three persons appointed by the Mayor and Board of Aldermen. In Towns each member is entitled per day to {Laws 1874, ck. 444, § I ; 3 i?. 5., 1990). • .$ 3.00 In Cities each is entitled to a salary not ex- ceeding {Laws of 1870, ch. 17s, § 2 and § 7, 3 R. S., 1987) 2,500.00 COMMISSIONERS OF HIGHWAYS. For each day actually and necessarily spent in the discharge of .official duty {Laws of 1870, ch. 242, § 2 ; 2 R. S., 1218) $ 2.00 l8 DIGEST OF FEES. COMMISSIONERS FOR LOANING MONEYS OF UNITED STATES May retain out of the interest of the moneys com- mitted to their charge, respectively, in each and every year after the following rates : Upon $25,000 or a less sum ^ of i per ct. Upon the further sum of $25,000 or less,>^ of i per ct. Where the whole sum shall exceed $50,000 % oi I per ct . Except in County of N. Y., in which County upon all sums exceeding $50,000 (i ^. 5., 5 14, § 1 8) i^ of I per ct > COMMISSIONERS {To make Partition or Admeasure Dower), For each day's actual and necessary service, each {Code, § 3299) $ 5 .00 Committee of estate of Habitual Drunkard same as Administrators. {Code, § 2338.) CONSTABLES. SERVICES IN CIVIL ACTIONS: For serving summons $ .25 For serving warrant with summons and order of arrest i . 00 For serving an attachment with summons. ... i .00 For serving an execution for every dollar col- lected, to the amount of $50 05 For every dollar collected over $50 02^ For attending before another justice when original justice a witness 50 With person in custody, in addition 50 For notifying plaintiff of service of warrant.. .25 For subpoinaing witnesses, not exceeding four, each 25 For summoning a Jury 75 CONSTABLES. 1 9 Por summoning Jury to assess damages in pro- ceedings relative to highways $ 2 .00 For serving affidavit, notice and summons in pro- ceedings to recover possession of personal property i . 00 For taking charge of a Jury 50 -For every mile traveled to serve summons, war- rant, attachment or execution, or any other mandate, the distance to be computed from the place of, abode of the defendant, or where he shall be found, to where the precept is re- turnable, going and returning. lo Por every mile traveled, going and returning, in notifying plaintiff of the service of an order of arrest 10 IN SPECIAL PROCEEDINGS. For serving precept or other mandate by which proceeding is commenced 25 For serving a warrant , 50 For arresting and committing any person pur- suant to process i . 00 Every mile traveled going and returning. 10 For serving order directing proceeding before another Justice and attending before the lat- ter 1 . 00 For jM^/^««z«^ each witness' not exceeding four .25 For summoning a Jury in case of the laying ow\. or altering z. road, for summoning each Juror to be paid by the applicant 10 For each mile actually and necessarily traveled in summoning such Jury {Code, § 3323) 10 Notifying Jury to assess Damages relating to Highways' 2 .00 IN CRIMINAL CASES : For serving a warrant in a Criminal Case (if an arrest is made (i Denio, 658) 75 20 DIGEST OF FEES. For every mile traveled (if an arrest is made) going or returni?ig {Laws 1877, ck. 89} $ .10 For taking defendant into custody on a Mittimus, . 25 Mileage same as for warrant, each mile la For taking charge of a Jury 50 For attending court pursuant to notice from Sheriff, for each day 2 . oo For each mile traveled in going to and returning from such court, payable by County Treasurer on Clerk's certificate {Code, § 3312) 05. For serving a subpoena for each witness 25 Mileage on distance actually and necessarily trav- eled, going and returning, to serve subpoena on all the witnesses and not separate mileage for each witness, for each mile(3 R. S., 2580,2585, .05 Notifying complainant 25 Mileage going and returning 05 Keeping prisoner per day {Laws 1877, cA. 89).. . i .00 The Board of Supervisors may allow such further compensation for the service of process and the trouble and expense attending the same, as they shall deem reasonable. (3 ^. 5., 2578, §4.) For other services in Criminal Cases, for which no- compensation is specially provided by law, such sum as the Board of Supervisors of the County shall allow. (3 R. S., 2578, § 4.) In all cases in which a specific compensation for any service is not provided by law, the officer or persbn pre- senting an account therefor shall also exhibit in writing a just and true statement of the time actually and nec- essarily devoted to the performance of such services. (I R. S., 978, § 2.) No travel fees shall be allowed for traveling to sub- poena witnesses beyond the limits of the County or an adjoining County, unless the Board auditing the account shall be satisfied by proof that such witness could not be subpoenaed without such additional travel ; nor shall CORONERS. 2 r any travel fees for subpoenaing witnesses be allowed, except such as the Board auditing the account shall be satisfied were indispensably necessary, (i R. S., 846, § 27.) CORONERS. {Compensation a County Charge.) Mileage to the place of inquest and return, per mile $ .10 Summoning and attendance , upon Jury 3.00 Viewing body S . 00 Service of subpoena, per mile traveled 10 Swearing each witness 15 Drawing inquisition for Jurors to sign i .co- Copying inquisition for record, per folio, one copy only 25. For making and transmitting statement to Board of Supervisors, each inquisition 50 For warrant of commitment i .00 For arrest and examination of offenders, fees the same as Justices of the Peace in like cases. Shall receive for each day and fractional part thereof spent in taking an inquisition (except for one day's service) $ 3 . 00 For performing requirements of law in relation to wrecked vessels per day, and fractional part thereof '. 3 . 00 A reasonable compensation for all official acts performed, and mileage to and from such wrecked vessels, per mile lO' For taking ante-mortem statement per day, and fractional parts thereof 3 -OO Mileage to and from the place, per mile 10 For taking depositions of injured persons in ex- tremis I . OO Have power to employ two surgeons, the compensa- tion therefor to be a county charge. ^2 DIGEST OF FEES. When, in consequence of the performance of ofificial duties he beconnes a witness in criminal proceeding, he shall be entitled to receive mile- age to and from place of residence, per mile. .% .10 Tor each day or fractional part thereof, actually detained as such witness 3-00 When required to perform duties of Sheriff, same fees as Sheriff in like cases. Shall be reimbursed for all moneys actually and necessarily paid out by him in the discharge of ofificial duties as shall be allowed by the Board of Supervisors. {Lazvs of iZTi^ch. 833, as amended Laws of 1874, ch. 535 ; 3 R. S., 2586.) For confining Sheriff m any house on Civil pro- cess for each day, to be paid by the Sheriff before he shall be entitled to be discharged from such confinement {Code, § 3310.) 2.00 Before auditing accounts of Coroners, Supervisors to require a written statement under oath, containing .an inventory of articles found with or upon all persons ■upon whom inquests have been held. {Code of Crim. Pro., i 788.) COSTS {In Civil Actions). When allowed, costs shall be as follows: To the plaintiff for all proceedings before notice of trial in actions where judgment on failure to answer can be taken without application to the Court $15.00 "Where judgment can only be taken on such ap- plication 25 .00 Tor all proceedings after ttotice of and before trial 1 5 .00 Tor each additional defendant served with pro- cess, not exceeding ten 2 .00 COSTS. 23- And for each necessary defendant in excess of that number served with process $ i .OO' To the defendant for all proceedings before notice of trial lo.oo- And for all proceedings after notice of, and before trial 1 5 . oo^ To either party, where a new trial shall be had for all proceedings after the granting of, and before such new trial 25 .00 For attending upon and taking deposition of a witness conditionally or attending to perpetuate his testimony 10. OO' For drawing interrogatories to annex to a com- mission for taking testimony 10. oo- For attending the examination of 21. party before trial 10. OO' For making and serving a case or case contain- ing exceptions 20 . oo- Except that where the case shall necessarily con- tain more than 50 folios there shall be allowed, in addition thereto 10. oO' For making and serving amendments thereto.. 10. oO' To the plaintiff ior the appointment of a guar- dian of an infant defendant 10.00 No more shall be allowed for the appointment of guardians in any one action than 10. oO' To the plaintiff for procuring an order of in- junction 10 . OO* To either party for the trial of an issue of law.. 20.00 For every trial of an issue of fact 30.00- When trial shall necessarily occupy more than two days, in addition thereto 10. oo- To either party on appeal, except in Court of Appeals and except appeals from certain or- ders, before argument 2O.O0u For argument 40 . oO' Before argument on application for judgment .24 DIGEST OF FEES. upon special Verdict, or upon verdict subject to opinion of the Court, or for nezv trial on case made and in cases, where exceptions are ordered to be heard in the first instance at a General Term $20 . 00 Por argument in such cases 40.00 On appeal to Court of Appeals before argument. 30.00 For argument 60.00 When judgment affirmed the Court may, in its discretion, award damages for the delay, on the amount of the judgment, not exceeding, 10 per ct. For preparing and serving a case or case con- taining exceptions in appeals to Court of Ap- peals 20 . 00 For every Circuit or Tertn not exceeding five Cir- cuits, five Special and five General Terms, at which the cause is necessarily on the Calendar, and is not tried or is postponed by order of the Court 10.00 And for every term, not exceeding ten, exclud- ing the term at which the cause is argued in the Court of Appeals {Code, § 3251) 10. 00 Jn addition to these allowances there shall be allowed to the plaintiff u^ton the recov- ery of a judgment by him, in any action for the partition of real property, or for the foreclosure of a mortgage or any action in which a warrant of attachment has been issued, or for an adjudication upon a will or other instrument in writing and in pro- ceedings to compel the determination of claims to real property on the recovery for any amount not exceeding $200 10 per ct . For an additional amount not exceeding $400, an additional sum of 5 per ct. And for any additional amount, not exceed- ing $1,000, an additional sum of 2 per ct. COSTS. 25-. If actions above named be settled before judgment therein like allowances upon amount paid or secured at o«^-/m^ r«/« above specified. (Code,\ 3252.) In difficult and extraordinary cases, where a defense has been interposed, or trial had, and in proceedings for the partition of real estate the court may in its discretion make further allowance to any party not exceed- ing 5 PS'' <^t _ And in an action for the. foreclosure of a mort- gage, the court may make a like allowance not exceeding {Code, § 3253) 2j^perct. These sums cannot exceed $ 2,000.00- The Clerk shall receive — On every triaL from party bringing it on. . i .OO' On entering judgment by filing transcript.. . .06' On entering judgment or final order .50- Entering order or judgment for each folio exceeding five . lO' Copies of papers, per folio .05 For certified transcript of docket of judgment . 12 Referees' fees for each da^ 6.oo- On application to court or referees to post- pone a trial, not exceeding, besides witness- es' fees 10. OO' Costs on a motion in discretion of thie court or judge not exceeding 10. oO' See '^Appeals {To County Court. "^ See "Justices of the Peace. ' Costs on entry of judgment by confession in Supreme Court, together with disburse- ments {Code, % 127s) 15.00' Costs \\\ proceedings supplementary to execution may be allowed to the judgment creditor, or to any party examined, in addition to disbursements, not exceeding {Code, §§ 2455-6) 30.00- 26 DIGEST OF FEES. COSTS {Injustices Court). Judgment in this Court is rendered with costs of suit. The whole amount of costs to be included in judgment is in most cases limited to $ S .00 The following are exceptions and may be included in judgment although the amount of costs exceed $5. Charges for the attendance of witnesses from another County, and expenses of Commission. The costs of each additional adjournment, when the suit is adjourned more than once, at the request and on motion of party against whom judgment is rendered : In all cases where issue is joined and trial had and the amount recovered shall exceed $50, or if the plaintiff shall claim in his complaint a sum exceeding $50, and the defendant shall recover judgment, the prevailing party shall be entitled to costs, exclusive of witnesses' fees, not exceeding {Code, ^ 3076) $10.00 For the items of these costs see " Constables," "Ju- rors," "Justices of the Peace" and " Witnesses." DOUBLE COSTS. When judgment is rendered for the defendant he is entitled to recover the amount of his taxed costs and •one-half in addition thereto, when the action is against public officers for any acts done by virtue of their office, or for any omission to do any act, which it was their official duty to perform ; or when the action is against any other person for doing any act by commandment of, or in aid of any such officer. Also in actions against any person for taking any distress, making any sale or doing any other act by au- thority of any statute of this State {Code, § 3079). COUNTY CANVASSERS — COUNTY CHARGES. 2J COUNTY CANVASSERS. The Board of County Canvassers consists of the Supervisors or Assessors to whom the original state- ments of the Canvass of votes in the Towns or Wards, to which they respectively belong, shall have been delivered. The County Clerk or in his absence his- deputy is Secretary of the Board. Each Supervisor for each day's full service during the session of the Board % 3 . 00 Mileage per mile {Laws 1869, ch. 855, § 8) 08 Each Assessor, per day {Laws 1870, ch. 242). . . . 2.oO' COUNTY CLERK. For attendance 2 . 00- For drawing necessary certificates of the result of the canvass, per folio 18 For each copy, per folio 09 For recording such certificates per folio {Code, § 3304) lO' COUNTY CHARGES. The following are County Charges : The compensation of the Board of Supervisors and their Clerk, the County Treasurer, the District At- torney, Criers of the several Courts, County Judge, Surrogate, Coroners, County Superintendents of the Poor ; Sheriffs for the commitment and discharge of prisoners on Criminal process ; of Constables for at- tending Courts of Record, for executing process on persons charged with criminal offenses except for services chargeable to Towns ; for services and ex- penses conveying criminals to jail; for service of subpoenas issued by any District Attorney ; and for other services in relation to Criminal proceedings for which no specific compensation is prescribed by law ; the expenses necessarily incurred in the support 28 DIGEST OF FEES. of persons charged with or convicted of crimes and committed therefor to the several Jails of the County; the sums required by law to be paid to prosecutors and witnesses in Criminal Cases. The moneys necessarily expended by any County Ofificer, in executing the duties of his ofifice, in cases in which no specific compensation for such services is provided by law. The accounts of County Clerks for services and ex- penses under the 6th chapter of Part first of the Revised Statutes. All charges and accounts for services rendered by Justices of the Peace under the laws for the relief and settlement of the poor of such County, and for their services in the examination of felons not otherwise provided for by law. The sums necessarily expended in the support of County Poor Houses and of indigent persons whose support is chargeable to the County. The moneys necessarily expended in repairing the Court House and Jails. The sums required to pay bounties allowed by law for the destruction of wolves and other noxious animals and chargeable to the County. The contingent expenses necessarily incurred for the use and benefit of the County. And Every other sum directed by law to be raised for any County purpose under the direction of the Board of Supervisors \i R. S., 978, § i). The accounts of Sheriffs, for paying Clerks for draw- ing Grand Juries and attending the drawing of Grand Juries and for summoning Constables to attend Courts (i R. S., 545, § 22). The necessary expense incurred in keeping in repair and in condition for use the Court Rooms or the property of the County. 23 Barb., 349. Code, § 31. The expense of Printing Calendars of causes for Courts of Record {Code, § 20). COUNTY CHARGES. 29 Services of a Medical man rendered by order of the District Attorney, in making a chemical examination in case of alleged poisoning (30 How., 173). Expense incurred by Ofificers in insuring County Buildings {Laws 1847, <^^^-^ 294 \ i R S., 859). Damages occasioned by Mobs or riot to be recovered by action and not by audit {Laws 1855, ch. 428 ; i R. S., 860). Services rendered as Counsel for the Board of Super- visors (10 N. y., 260). Services of Counsel employed by District Attorney in Capital case with consent of County Judge {L. 1882, c,^. 196). The expense of supporting indigent Lunatics at the State Lunatic Asylum or at the Willard Asylum in the first instance, is to be paid by the County, which may require the individual, City or Town that is legally liable for the support of such Lunatics, to • reimburse the amount of bills paid with interest (3 R. S., 1904. Laws 1874, cA. 446.) Expense of providing Jurors with food during trial {Code, §3315). The sum of $30 annually, for the purpose of furnishing suitable clothing for each pupil selected and received into the State Asylum for Idiots {Laws 1862, ch. 220, § 17. As amended L. 1867, ch. 739). A sum not exceeding $60 annually, to furnish suitable clothing for every indigent blind per.^on, whose parents or guardians are unable, sent and received into the New York Institue for the Blind (2 R. S., 1941). The expense of providing courts appointed to be held in the County with room, attendants, fuel, lights and stationery sufficient for the transaction of their busi- ness {Code, § 31). The expense of providing the Surrogates' Courts with room, fuel, lights, and stationery is a County charge {Code, § 331). 30 DIGEST OF FEES. The compensation of Surrogate's Clerk if authorized by Supervisors {Code, § 2508). See ''Constables" ''District Attorney" "Justices of Peace" " School Commissioners" " Sheriffs," " Stetiog- raphers" " Tozvn Charges," and " Jurors." COUNTY CLERKS. County Clerks are, by virtue of their offices, Clerks, of the Supreme Court, Courts of Oyer and Terminer, County Courts, and Courts of Sessions, and Secretaries of the Board of County Canvassers of their respective Counties. For searching and certifying the title to and in- cumbrances upon the real estate, for each year for which search is made, for each name, and each kind of lien or conveyance $ .05, Recording conveyances of real estate and all other instruments which by law may be recorded, for each folio .10 Filing every certificate of the satisfaction of a mortgage and entering such satisfaction.... .25 Entering a minute of a mortgage being fore- closed . lO' Entering in a book the bond of every collector . 12 Searching for such bond .06 Entering satisfaction thereof .12 Receiving and filing every paper deposited with him for safe keeping .06 Searching for every paper on request for each paper opened and examined .03, Filing transcript of lien suspended .25 For determining and certifying the sufficiency of the sureties of any sheriff .50 For issuing execution .50^ {Code, § 3304.) For filing papers entering proceedings under a general assignment i .00 For recording each order {Laws 1878, ch. 318, COUNTY CLERKS. 3 1 3 R. S., 2281, § 22) $ .50 For filing transcript and making entry under Code, % 1258 .12 For affixing and indexing notice of mortgage foreclosure .25 For filing and entering specifications and all papers relating to a lien against a vessel .... .25 For a certified transcript of a docket of a 72/^- ■ment ' .12 For a certified copy of order, record or other papers for each folio {Code, % 3301) .05 For receiving the interest on such investment and paying over the same to the persons entitled ^ per ct . For attendance in canvassing the votes given at any election $2 . 00 For drawing all necessary certificates of the result of such canvass, for each folio 18 For every copy, per folio 09 For recording such certificate, per folio 10 For giving notice to the Governor of persons who have taken the oath of office, for each name with necessary postage 10 For giving such notice of persons who have neg- lected to take the oatJi, of office, or to file or renew any security within the time required by law, and of any vacancy created by any officer dying or removing out of the County or place for which he was appointed, and of all other vacancies in his County, for each name reported, with necessary postage 10 Notifying every person appointed to office (paid by State) (2 R. S., 962, § 63) 25 And all expenses actually and necessarily in- curred by him in the giving any notice, which the Comptroller shall deem reasonable. For entering in the Minutes of the Court a license to keep 2, ferry, and for a copy thereof i .00 For taking and entering a recognizance from 32 DIGEST OF FEES. any person authorized to keep a ferry $ .25 Entering satisfaction or assigment of a judgment . 12^ For all services upon the first application of an a/ien in cases of naturalisation, including oath, the record, and a certificate thereof delivered to such alien 20 For all services upon the completion of the pro- ceedings necessary for any alien to become a citizen, including a record thereof and a cer- tified copy to be delivered to any person de- manding the same [Code, § 3303) 50 For entering judgment in civil action 50 And in addition for each folio exceeding ten con- tained m. judgment ox final order TO For trial fee in action to be paid by the party bringing it on i . 00 On entering judgment by filing transcript 06 He shall receive no other fee for any services whatever in a civil action except for copies of papers for every 100 words 05. Filing each Chattel Mortgage or copy 06 For searching for each such paper (3 R. S., 2250) 06 For certified copies of such instruments or cop- ies, for each fol. (3 R. S., 2250) 08 For entering the facts required by law in books in which Chattel Mortgages shall be entered for each mortgage (3 R. S., 2250) 06 For filing notice of Mechanic's Lien and enter- ing particulars in Lien Docket (3 R. S., 2412, § 4 ; Code § 3304) lo For administering an oath or affirmation, in cases where no fee is especially provided by law and certifying the same when required {Code, % 3298) 12 For recording and indexing any notice of the pendency of action for every one hundred words thereof 10 For cancelling of record such notice on order COUNTY CLERK. 33 of the Court $ .25 Sealing every writ, exemplification or certificate . 12 ■ For every certificate, but not to be allowed for certifying any paper for the copying of which he shall be paid .25 Copies and exemplifications, of orders, records and papers on file, furnished upon request, except papers in civil actions, and proceed- ings in Courts of Oyer and Terminer and in Courts of Sessions, each folio .08 For filing each paper not before mentioned. . . .06 FOR SERVICES AS CLERKS OF COURTS OF OYER AND TERMINER AND SESSIONS: Swearing a witness % .06 Entering or respiting a recognizance 12^ Calling and swearing a Jury . .' 19 Entering a sentence in the minutes kept by him . I2J^ For every certified copy thereof 12^ For a transcript thereof for the Secretary of State 12^ Copies of records, indictments and other pro- ceedings for each folio (3 R. S., 2579, § 6). . . .08 Clerks of Counties and Criminal Courts shall be al- lowed a reasonable compensation by Boards of Super- visors of their respective Counties for making returns respecting Criminal Convictions and other statistical information concerning convicts {Laws 1841, ch. 274, §23-) The accounts of Marshals and County Clerks for services under the act for taking the census are audited by the Board of Supervisors and paid as a part of the contingent expenses of the County, no fees prescribed by law, (i R. S., 267 ; Laws 1865, § 84.) COUNTY JUDGE. Salaries of County Judges and Surrogates are fixed by Legislature payable out of County Treasuries. {Art. 6, § 15, Constitution.) 34 DIGEST OF FEES. Herkimer County Judge and Surrogate sal- ary {Laws of 1872, ch. 767, § 3 ; 2 i?. 5., 973) % 3000.00 For salaries of County Judges in other Counties, see smne chapter as amended by ch. 5 IS; Laws 1873. Shall not receive to his own use any fees or perquis- ites of office. {Art. 6, § 21, Constitution.) Not to take a.ny fees for services, except for such as may be rendered by Justices of the Peace or Commis- sioners of Deeds. (3 R. S., 2466.) Fees for such services same as allowed to Justices of the Peace. {Same, % 2. Laws of 1857, '^Z^- 564.) See "Acknowledgments," "Affidavits, " and " justices of the Peace." A County Judge of one County holding a County Court or presiding at a Court or Ses- sion of another County shall be paid for his expenses by the County Treasurer of such other County per day the sum of $ 5 . 00 Such compensation to be paid only in case of sick- ness or disability of the County Judge of the County in which such Court is held. {Laws of 1872, ch. 767, § 5, «j amended Laws of 1874, ch. 64 ; 2 R. S., 974.) COUNTY SUPERINTENDENT OF THE POOR. They shall be allowed such sum for their actual at- tendance and services as the Board of Supervisors of their County shall deem reasonable. (3 R. S., 1854. In Herkimer County compensation to be determined by Board of Supervisors at any annual meeting, but shall not be increased or diminished during the term for which he was appointed. COUNTY TREASURER. Compensation fixed by Board of Supervisors, not exceeding, on all moneys belonging to his County. For receiving i^ per ct . For disbursing ^ per ct . COUNTY TREASURER— CRIER OF THE COURT. 35 In addition to the compensation fixed by the Board of Supervisors, as aforesaid, he is entitled to retain a Commission on every dollar belonging to the State i per ct. To wit : y^ per cent, for receiving and ^ per cent. for disbursing. But in no case to exceed the sum of {Laws of i^ji, ch. 1 1 o, § I ; I R. S. 2465 ) 500 . 00 Under the provision of the act respecting funds and securities held by them hy order of the Court or from the Clerks of the Court of Appeals, the County Treasurer is entitled to a commission on every dollar received of J^ per ct . On every dollar paid out. (C*f(^^, § 3321)... . ^ perct. For acting as Administrator in cases pro- vided by statute he shall be allowed for his expenses as other administrators and for his services double the commissions al- lowed them by law. (3 R. 5., 2322.) Treasurers hereafter elected, salary fixed by Board of Supervisors. {Laws of 1877, ^^'- 43^ ! 3 ^- ^t^ 9S^> § S-) CRIER OF THE COURT. Appointed by County Judge. {Code 91.) For calling a Jury . 12^ Calling and swearing a witness .06 Making proclamation for discharge of any person .06 Calling any person on recognizance .06 DEEDS. See ^'■Acknowledgments " and "County Clerks!' DEPUTY COUNTY CLERK. Appointed by the Clerk. When the Clerk is absent from the County or from his office, or shall be incapa- ble of performing the duties of his office, his deputy 36 DIGEST OF FEES. may perform all such duties except deciding upon the sufficiency of the sureties of any officer. When the office of County Clerk shall become vacant, his deputy shall perform all the duties and be entitled to all the emoluments of the office. (2 R. S., 961, Sg 58, 59.) His compensation is fixed and paid by the Clerk, except when the office is vacant and then the same as the Clerk. See "County Clerks." DEPUTY SHERIFF. Appointed by the Sheriff. His fees are fixed and paid by the Sheriff. (2 R. S., 966, § 73, Crocker on Sheriffs, p. 14, § 21.) See ''Sheriffs." ■ DISTRICT ATTORNEY May appoint an assistant in Counties having, at the last census, a population exceeding 70,000 when author- ized by the Supervisors. The compensation of the assistant shall be determined by the Board of Super- visors. {Laws iS72,ch. 587, § i and ^ 3; 2 ^. S., 971-2.) May, with the approval in writing of the County Judge of the County in which an important Criminal case is to be tried, employ counsel to assist him in such trial, the cost and expense thereof to be certified by the Judge presiding at the trial, shall be a charge upon, and paid by the County. {Laws 1872, ch. 733, p. 1753.) The Board of Supervisors of any County may deter- mine the office of District Attorney to be a Salaried Office, fix the amount of compensation and such salary shall not be diminished during the term the District Attorney has been or may be elected. {Laws 1852, ch. 304, ^ I, as amended by Laivs 1870, ch.'/^2; 2 R. S., 971.) As in most, if not all the Counties of the State, the Boards of Supervisors have made the office a salaried office, the fees of District Attorneys are not inserted here. They may be found in 3 R. S., 2580. DOGS — DOWER — EXCISE — EDUCATION, 3/ In Herkimer County the salary is {See printed ^Proceedings of Board, 1 871, p. 12) .fSoo.oO' When acting as Surrogate the District Attorney is entitled to same compensation pro rata as the Surro-' gate. {Code, § 2493.) See "County Charges." DOGS. In all Counties, except New York, there shall be an- nually levied and collected the following tax upon dogs: Upon every bitch owned or harbored by any person or family $ 3 . 00 Upon every additional bitch owned or har- bored by the same person or family. . ; . . . 5 .00 Upon every dog, other than a bitch, owned or harbored by any person or family .50 Upon every additional dog, other than a bitch, owned or harbored by the same per- son or family (3 R. S., 21 16, § i, as amend- ed by Laws 1862, ch. 244, §1) 2 .00 Each Collector is allowed to retain a com- mission on dog tax collected of 10 per ct. And for every dog or bitch killed by him on account of the refusal or neglect of the per- son assessed to pay the tax, the sum of {Laws of 1862, ch. 244, § 4 ; 3 i?. S., 21 17). i .00 DOWER. See " Commissioners {to make partition, etc.), " "Sur- tteyors." ■ V EXCISE. See " Commissioners of Excise" " Sheriffs^'' " Consta- bles" " justices of the Peace." EXECUTION. Fee of Justices of the Peace for issuing. . . $ .25, Fee of Constable for serving, for collecting $50 or less 5 per ct. For every dollar collected over $50 .02^ J 8 DIGEST OF FEES. And mileage for every m\\e. goingandreturning (Code; % 3323.) $ .10 See " Constables." To a Sheriff for collecting $250 or less, per dollar .03 For every dollar collected more than $250. . .02 For mileage for going only, to be computed from the Court House, per mile .10 For receiving and entering execution in their books, searching for property, and postage . 50 For returning execution. (Code, § 3307) .12 For serving execution issued by County Clerks on Justices' Judgments the same fees as are allowed on other executions. Where levy is made on live animal or perishable property, such additional compensation for his trouble and expenses as the Court or Judge allows. To Clerks for issuing executions on judgments entered by filing transcripts of judgments entered by Justices of the Peace. (Code, §3304-) 50 EXECUTORS Are entitled to same compensation as Administrators, which see. FELONY. The fees and accounts of Magistrates and other Offi- cers for Criminal Proceedings in cases of Felonies (offenses punishable by imprisonment in a State Prison), are in all cases a County charge, (i R. S., 846, § 26.) FENCE VIEWERS. The Assessors and Commissioners of Highways of any Town are Fence Viewers of the Town. The electors of the Town, have the power at their Annual Town Meeting to fix the compensation of Fence Viewers. ( I R. S., 809.) FENCE VIEWERS — FILING PAPERS. Jg 3r services in examining and certifying in relation to \heep killed or injured by dogs, such compensation as lay have been fixed by Town Meeting, tf no such action has been taken, such sum as may iae ^llowed by the Town Auditors, who have the power of auditing the same in Counties in which the Board of Supervisors have by resolution declared, chapter 197, Laws of 1864, applicable to such Counties. {Laws of 1864,0/1. 197, §§ 3, 4; 3 R. S., 2120.) Said act has been made applicable to Herkimer County. See proceedings of Supervisors, 1870,/). 17. For services in relation to division fences for each day each Fence Viewer is entitled to $1 • SO To be paid by the parties interested in the division fence. The proportion to be paid by each to be deter- mined by the Fence Viewers {Laws 1866, ck. 540, §43; 3 i?. 5., 833.) For services in relation to floating timber, etc., the compensation of the Fence Viewers to be paid by the owner of the lumber, no fees prescribed by stat- ute (3 R. S., 2087, § 2). For services in relation to strays, to be paid by the owner of the strays or the person applying for the certificate. For a certificate of charges as ascertained by him .25 For every mile he shall be obliged to travel from his house to the place where the strays are kept (I i?. 5., 830, §§ 22, 23) 06 FILING PAPERS. See "Ckattei Mortgages," " Cotintj/ Cierks," ''Justices of the Peace" and ''Town Cterks." FORECLOSURE OF MORTGAGES. See "Mortgage Foreclosure." GAME CONSTABLE. To be elected at Town Meeting when such election is authorized by the Board of Supervisors. 40 DIGEST OF FEES. He shall receive the same compensation for his ser- vices as is allowed by law to Constables of Towns and also one-half of the penalties recovered by him [Laws 1879, <:fi- 534)- Whenever any Game Constable shall fail to recover the penalty in any pr.osecution commenced under § 38, Laws of 1879, the costs of suit incurred by him shall be a charge against the County. Same. GRAND JURORS. See "Jurors." GUARDIANS. Guardians shall be allowed for their reasonable ex- penses and the same rate of compensation for their services as is provided by law for Executors {Code, § 2850). The rate provided for Executors when this statute was enacted was as follows : 1. For receiving and paying out, not exceed- ing $1,000 5 per ct. 2. For receiving and paying out any sums ex- ceeding $1,000 and not amounting to $10,000, at the rate of 2}4 per ct. 3. For all sums above $10,000(3 ^- -5'., 230). i per ct. GUARDS. {/ail.) Such Guard shall receive as a compensation for their services such per diem allowance as shall have been agreed upon not exceeding, for each private $ i . 00 For each officer per day (i R. S., 792, ^8) 2.00 For horse employed singly i .00 For each two horse team and driver, not ex- ceeding 3 . 00 To be paid by the County (i R. S., 793 §§ 12, 13). HABITUAL DRUNKARDS — HIGHWAY LABOR. 4I HABITUAL DRUNKARDS. The costs and expenses of Overseers of the Poor in proceedings relating to Habitual Drunkards are to be audited and allowed in the same manner as other ex- penses of a City or Town (3 R. S., 1947, § 10). HIGHWAY LABOR May be commuted for by any person other than an overseer at the rate per day of {Laws 1866, ch. 180) % 1 . 00 INDICTMENT. The expenses of the trial of an indictment sent for trial in any County in this State in consequence of any inability to obtain an inlpartial trial in the County in which the venue was originally laid shall be a charge upon the County from which the same was transferred. (3 R. S., 2584; Laws 1853, ch. 195.) INQUEST. See "Coroners." INSANE. See "County Charges." INSPECTORS OF ELECTION. For each day's service performed by each {Laws 1870, ch. 242, § 2; 2 .^. S., 1218) $ 2 00 For filing returns in County Clerk's ofiSce 5 00 -And for each mile necessarily traveled {Laws 1880, ch.s(>, § 14) • 04 INVENTORY. See "Appraisers," "Attachment" "Constables" and "Sheriffs." JAILS. Sheriff to have custody of, and may appoint keepers of Jails and Prisons for whose acts he shall be respon- rsible (2 R. S., 967, § 75). See "Sheriffs." 42 DIGEST OF FEES- JUDGMENTS. Justices of the Peace for entering $ .25 Justices of the Peace for transcript of 25, County Clerk for entering 50 County Clerk for entering by filing transcript. . . .06 County Clerk for entering satisfaction of 12 See "County Clerk" "Justices of the Peace." JURORS. {In Courts of Record). Grand furors are annually selected by Boards of Su- pervisors ; Petit Jurors are selected once in three years by the Supervisor, Town Clerk and Assessors. To each Juror empanneled to try a cause in any Circuit or County Court for each cause in which he maybe empanneled {Code, §§ 3313, 14) • % .2S The Board of Supervisors may direct a sum to be allowed to every Grand or Petit Juror for attending the Courts of Record, not exceeding for each day 2 . 00 In addition to other fees which they may receive, and also for traveling in coming to and return- ing from such Courts not exceeding per mile {Code, %% 3313, 14) 05 In Herkimer County instead of the compensation including trial fees ever]* Grand and Petit Juror is allowed per day 2.00 Travel fees going and returning each mile {Laws 1859, '^f'- 399> ^^ modified by Laws 1866, ch. 307). See Proceedings of the Board of Super- visors, i86g, /. 14 05. If trial protracted over 30 days such extra compen- sation as Court may allow {Code, % 33 [ 5). Coroners Jurors, each day {Laws 1878, ch. 286, 3 R. S., 2586, 7) 1 .00 JURORS — JUSTICES OF THE PEACE. 43 JURORS. [In Justices Court.) Por attending to serve as Juror, although not sworn % .10 For attending and trying a cause or special proceedings before a Justice {Code, § 3326). .25 In Courts of Special Sessions {Crim Code, § 731 no fees. Jurors drawn by Town Clerk to examine in relation to the Laying out or altering a high- way, each for his services entitled to be paid by the applicant \Laivs 1881, ch. 096; 2 R. S., 1241) 1 .50 Jurors drawn by Town Clerk to reassess damages for laying out a highway. If drawn from an adjoining Town and shall at- tend but not serve, each .50 If they serve, then . i .00 If from the same Town and shall attend and not serve .25 If they shall serve, then (i R. S., 850 ; § 19). . .50 To each Juror sworn before any Judge of a Court of Record in any special proceeding allowed by law, or before any Sheriff upon any writ of inquiry, or to try any claim to personal property {Code, § 3316) .25 JUSTICES OF THE PEACE, FOR SERVICES IN CIVIL CASES : Code, % 3322. Tor a summons 25 A warrant 25 Attachment 25 Transcript of Judgment 25 Adjournment, except on Justice's motion 25 Subpoena including all names inserted therein. . .25 Order of removal when justice a material witness . 25 •Order of arrest 25 Requisition in action for a chattel .25 44 DIGEST OF FEES. Copy of any paper for which fee is not prescribed for each folio $ .06 Administering an oath 10 Filing every paper necessary to be filed 05 Swearing a Jury 25 Swearing a Constable to attend a Jury lO Trial of an issue of fact in case of no appearance by the defendant, or a demurrer 25 And in case of appearance and answer 75 Entering judgment < 25 Taking affidavit 10 Drawing any bond 25 Receiving and entering verdict of Jury 25 Venire 25 Drawing affidavits, applications and notices in cases required by law, per folio 05 Execution 25 Renewal of execution 25 Making return to Appeal 2 .00 Warrant for the apprehension of any person charged with a violation of the laws concern- ing the internal police of the State 25 Warrant for the apprehension of any person charged with being the father of a bastard ... .50 Indorsing any warrant issued from another County 25 Precept, and Suinmo7is for any offense relating to the internal police of the State, or in case of any special proceedings to recover the posses- sion of land or otherwise 25 For drawing a record of conviction for contempt and other special cases 50 For an execution upon any such conviction 25 Warrant of commitment for any cause 25 For a precept to summon a Jury in special case. . . 50 Swearing such Jury 25 Hearing the matter concerning which such Jury is summoned 50 Receiving and entering the verdict of such Jury .25 JUSTICES OF THE PEACE. 45 For a view of premises alleged to be deserted... .$ . ^ Hearing application to discharge defendant from arrest, or to vacate or modify attachment or increase plaintiff's security thereupon 50 For services when associated with another Jus- tice where no fee is prescribed by law, each day 2 . OO' Hearing an. application for a commission to ex- amine witnesses 50 For every order for such commission and attend- ing, settling and certifying interrogatories 50 Taking depositions of witnesses upon an order or commission issued by some Court in this or a foreign State or Territory, per folio 10 For making the necessary return or certificate thereto So Indorsement on affidavit in an action to recover the possession of personal property {Code, % Z122 25 FOR SERVICES IN CRIMINAL CASES. For administering an oatk 10 Drawing an information 25 Taking a deposition of witness on information . . .25 Warrant of Arrest 25 Indorsing a warrant from another County 25 Each day's necessary attendance upon hearing or examination of accused i .00 Every necessary adjournment of hearing or ex- amination 25 Warrant of Commitment 25 Subpwna, including all names 25 Each copy Subpoena for service 10 Filing each paper required by law >. 05 Copies of papers in any proceeding, per foHo. . . .05 Each order in writing or certificate required by law 25 Drawing an Undertaking of Bail 25 Taking an acknowledgment 25. {Laws, 1884, ch. 188.) .46 DIGEST OF FEES. FEES OF COURTS OF SPECIAL SESSIONS. For venire f .25 10 25 10 25 00 25 25 25 75 Swearing each witness on trial Swearing a J ury Swearing Constable to attend Jury Subpoena, including all names inserted therein . . . For trial fee per day during the actual and neces- sary continuance of the trial i ^Receiving and entering verdict of Jury Entering sentence of the Court Warrant of commitment on sentence For record of conviction and filing the same .... But all such charges in any one case, unless the Court continue more than one day shall not exceed 5 00 \Vi such case the costs of each additional day may be added thereto. For return to any writ of certiorari to be paid by the County 2 . 00 For services when associated with another Jus- tice in case of bastardy for each day actually and necessarily spent (3 R. S., 2585 ; Laws 1866, ch., 692) 2.00 For swearing Jury in case of an application to lay out or alter a highway {Laws 1877, ch., 465) 2 .00 Warrant to put landlord in possession of land in summary proceedings 25 F"or each day's service performed for the Town {Laws 12,70, ch. 242, §2; 2 /?: 5'., 1218) 2.00 For holding Inquests same fees as Coroners (3 R. S; 2575. § 3)- FOR SERVICES AS JUSTICE OF SESSIONS. For each day 3 . CO iMileage going and returning per mile {Laws 1859, f^^i- 496) 05 See '"Acknowledgments," "Affidavits." LANDLORD AND TENANT— LUNATICS. 47- LANDLORD AND TENANT. The fees in Summary Proceedings to recover pos- session of land are the same as allowed in Civil Ac- tions, and limited in like manner. See Code, § 2250. LEVY. See '^Attachment " and '^Execution." LICENSE. To sell strong and spirituous liquors in quanti- ties less than five gallons, in Towns and Vil- lages, in the discretion of the Board of Excise, not less than % 30.00 Nor more than 1 50 . Oo In Cities, not less than 30 . OO- Nor more than (Laws 1873, ch. 549, § 2) 250.00 To sell ale or beer in the discretion of the Board of Excise, not less than [Laws 1869, ch. 856, § 4; -i, R. S., 1986) 10. oo- LOAN COMMISSIONERS. See " Commissioners of Loans." LUNATICS. For fees of officers in proceedings for the confine- ment of lunatics. See ''Constables," "Justices of the Peace," and "Wit- nesses." The rate of Costs in Special Proceedings for the ap- pointment of a committee in cases of Lunatics, Idiots, and Habitual Drunkards are fixed by the Court Not to exceed {Code, % 2336) $50.00 Commisioners for every day necessarily employed in hearing testimony and taking inquisition an allowance: to be fixed by the Court. {Code, § 2333.) Jurors same as in an action in same court.. Committee same as Administrator. {Code, § 2338.) ^8 DIGEST OF FEES. MANDAMUS. Cost in actions of Mandamus are: Alternattve]]'rit a.s in an action in discretion of Court. Peremptory may be awarded either party be- sides disbursements, not exceeding {Code, § 2086.) $ 50.00 MARSHAL (ENUMERATOR.) {Census.) For each day actually and necessarily employed $3.00 To be audited and allowed by the Board of Super- visors (i R. S., 267). MECHANIC'S LIEN. To a County Clerk for filing lien $ .10 Costs and disbursements in proceedings to enforce a Mechanic's Lien are the same as are allowed in Civil Actions for relief arising upon contract {Laws 1873, c/i. 489, § 18; ^ R. S , 2414-5). See "Costs," " Justices 0/ t/ie Peace." MILITIA. In case of riot, tumult, breach of the peace, resist- ance to process, or whenever called upon to aid the •civil authorities, officers and privates are entitled to •compensation as follows : To each private or musician, per day % 1. 25 To each Non Commissioned Officer per day i ■ SO For all commissioned officers below Captain ... 2 . 50 Commanding Officers of Companies 3 -OO Field Officers below Colonel 4 . 00 Commanding Officers of Regiments or Battalians 5 . 00 Brigadier Generals 6 . 00 Major Generals 8 . 00 Staff Officers same as officers of equal grade in the line Mounted officers for each horse 2 . 00 {Laivs, 1884, ch 323.) MORTGAGES — FORECLOSURE. 49, MORTGAGES. See ^'Acknowledgments" and ''■County Clerks." MORTGAGE FORECLOSURE. BY ACTION. See " Costs." BY ADVERTISEMENT. For drawing advertisements of foreclosure and sale, affidavits of publication, posting and serv- ing .thereof, and of the circumstances of the sale and the deed thereof, per folio $ .25' For each necessary copy, per folio 13; For serving each copy of the notice of sale re- quired by law to be served i . 00 For superintending sale and attending to the ex- ecution of the necessary papers ro.oo For /M^/w^««^ advertisement, per folio. First insertion 75 Each subsequent insertion, not exceeding 24 weeks 50 Posting advertisements and inspecting same not exceeding i . OO' Recording necessary affidavits, per folio 10 Acknowledging deed for one person 25 Each additional person 12 Oath to each affidavit taken before Justice io> Oath taken before Notary Public, County Clerk, or Commissioner of Deeds 12 Clerk's fee for affixing notice in book 25 Postage and Clerk's fees for searches the sums ac- tually paid. Code, §§ 2401-2. See " Acknowledgments" " Affidavits," " County- Clerks. " NATURALIZATION. See "Coimty Clerk.''' 50 DIGEST OF FEES. NOTARY PUBLIC. For the protest for the non-payment any bill or note, or for the non-acceptance of any bill of exchange, check or draft and giving the requisite notices and certificates of such pro- test including seal, not exceeding for such protest $ .75 And for each notice not exceeding 5 {Laws 1865, ch. 356) 10 For administering an oath 12 For taking an acknowledgment of one person. . . .25 For each additional person 12 For swearing each witness 06 For drawing and copy of any affidavit or other paper -except those above mentioned, for each folio. -For drawing 25 For copy (3 R. S., 2464) 12 OATH. JFor administering an oath or affirmation in cases where no fee is specially provided by law ex- cept when done by a Justice of the Peace, (Code, § 3298, 3322) % .12 For administering oath of office to any member of the JLegislature or to any Military or Toivn Officer no fees. (Code, § 3289). See "Justice of the Peace'' " Acknowledgment'' " County Clerks." OVERSEER OF HIGHWAYS. Ilf any Overseer of Highways shall be employed more days in executing the duties enjoined on him by law, than he is assessed to work on the Highway, he shall be paid for the excess per hour for each day. i^L. 1880, ch. 308 ; 2 R. S. 1215) % .12* OVERSEER OF POOR — PHYSICIANS. 51: OVERSEER OF POOR. For each day's service performed {Laws of 1870, ch 242, § 2 ; 2 R. S., 1218) $ 2. co- in Herkimer County an annual compensation to be fixed each year by Board of Town Audi- tors in any Towns except German Flats and Herkimer not to exceed 50 . 00 In German Flats not to exceed {Laws of 1868, ch. 7, %6) 100.00 In Herkimer not to exceed 75 .OO- Sea " Board of Alms. {Laws of \Z%i, ch. 181). PARTITION. The allowance of costs in proceedings for partition is in the discretion of the Court, and when allowed is- the same as costs in Civil Actions. {Code, § 1579.) See " Commissioners " (in Partition), " Costs," and " Surveyors." PHYSICIANS. When employed by Coroner to make Post Mortem examinations and dissections and testify to same, their' compensation is a County charge. {Laws of 1873, ch. 833, § 2, as amended Laws of 1874, ch. 535 ; 3 R. S.,. 2586.) In Counties having more than one Superintendent of Poor, where there is a Poor House, the Superintendents appoint a Physician for the Poor House. {3 R. S., 1875.") And audit and settle their accounts. ( 3 R. S., i87o.)> In Herkimer County the Board of Supervisors have exclusive power to make contracts with Physicians to furnish medicines and Medical and Surgical services for- the poor at the Poor House, and in such Towns as they deem it advisable. {Laws of 1850, ch. 29.) For services in examining and certifying in reference- to the insanity of any person such sums as may be: allowed by the Board of Supervisors. •52 DIGEST OF FEES. For attending as a Witness before County Judge, for each day % .50 For each mile traveled going to place of attend- ance. {Code, 3318) 08 Physicians to Jail appointed by Board of Supervisors. {Code, ^ 126.) POUND MASTER. For taking into the Pound and discharging there- from: Every horse, ass or mule and all neat cattle, each $ .i2>^ For every sheep or lamb 03 For every hog (i R. S., 839, § 52) 06 If such beasts are fed by him, reasonable charges for such feeding, not exceeding for each beast for every 24 hours (3 R. S., 2445, § 7) 06 PRINTERS. See "Advertisements." {legal.) RAILROAD COMMISSIONERS. For each day actually engaged in the discharge of their duties, and their necessary disburse- ments {Laws of 1869, ch. 907, ^3; iR. S., 873.)$ 3 .00 RECEIVERS. Receivers are allowed such commission as may be fixed by the Court appointing them on the amount received and disbursed by them not exceeding {Code, ^ 3320.) 5 per ct. Receivers of corporations are entitled to the com- missions as follows : T"or the first $100,000 actually received and paid out 5 per ct. On all sums in excess of $100,000. {Laws of 1883, t^. 378, i2 2>^perct. RECOGNIZANCE — REFEREE. 53 RECOGNIZANCE. To County Clerk for entering or respiting (3 R. S., 2579, §6) $ I2i To 2i Justice of the Peace for bond or recogni- zance (Code, § 3223) 25 RECORDING. See ''County Clerks." REFEREE. IN CIVIL ACTIONS. For each and every day spent in the business of the reference $6 . 00 But parties may agree in writing upon any other rate of compensation {Code, § 3296). ■ON 'APPEAL FROM DETERMINATION OF COMMISSION- ERS OF HIGHWAYS. For each day employed in hearing and decision of such appeal (2 R. S., 1247, § 90) $2.00 FOR LOCATION OF TOLL GATES OF PLANK ROAD COMPANIES &C. For each day same as in Civil Actions in 185 1 {2R.S., 1343, §3) $3-00 IN CONTROVERSIES BETWEEN TRUSTEES OF AN IN- SOLVENT DEBTOR AND ANY OTHER PERSON. For each day same as in Civil Actions (3 R. S., 2270, § 24) $6 . 00 IN CASES OF ACCOUNTS AGAINST DECEASED PERSONS. Same as in Civil Actions (3 R. S., 176, § 42, i,tA ed). For sale of land same as Sheriff {Code, § 3297). REPLEVIN. See "Costs (in Civil Actions)," ''Justices of the Peace" and "Sheriffs." 54 DIGEST OF FEES. RIOTS. See "County Charges" ''Militia" and "Sheriffs." SATISFACTION. Clerk for entering satisfaction of Judgment $ .12' For filing certificate of satisfaction of a mortgage and entering such satisfaction 25 Entering satisfaction of Collector's Bond (Code, § 3304) 12 SCHOOL COMMISSIONERS. Each School Commissioner shall receive an annual salary of $800 . oo- Payable quarterly by State Treasurer, out of the U. S. Deposit Fund. The Board of Supervisors shall annually allow and assess upon the towns comprising his District to each Commissioner the sum of {Laws 1867, ch. 84; 2R. S., 1144-5) $200. OO- A majority of the Supervisors from all the Towns composing a School Commissioner' s District may adopt a resolution increasing the salary of their School Commissioner, and when such resolution is adopted it is the duty of the Board of Supervisors to levy such increase on the Towns composing such District {Laws 1864,/. 1217, § 8; 2 i?. 5., 1 145). SEALER OF WEIGHTS AND MEASURES. For sealing and marking every beam $ . lO- For sealing and marking measures of extension at the rate, per yard, of 10 Not to exceed, for any one measure 50 For sealing and marking every weight 05 For sealing and marking liquid and dry measures, for each measure 10 For making weights and measures conform to the Standards in his possession, a reasonable compensation, 2 R. S., 1848-9, § 27. SEARCH WARRANT— SHERIFFS. 55 SEARCH. See " County Clerks." SEARCH WARRANT. Is a Criminal Proceeding. 4 Denio, 260. See " Warrants" " Sheriffs" " Constables" and "Jus- tices of the Peace." SESSION LAWS. See " Advertisement {legal)." SHERIFFS.— Code, § 3307. IN CIVIL CASES. 1. For serving a Summons, with or without a ^■". copy of Complaint, or notice of the object of the action, for each person served $ 1 .00 For serving an Order of Arrest, or any other Mandate for which no fee is prescribed ex- cept a Subfana i . 00 For necessary travel to serve the same, for each mile going and returning, to be com- puted from the Court House of the County, or if there are two Court Houses, from the nearest to the place of service. 06 ^ut where two or more Mandates to be served upon one person, or a Mandate to be served upon two or more persons in one action or proceeding, in the course of one journey, the Sheriff is entitled in all, for each mile traveled, to 06 2. For levying a Warrant of Attachment, or for executing a requisition to replevy i .00 And such additional compensation for his .trouble and expenses, as the Judge issuing the warrant, or in case of replevin as the Court or a Judge may allow. 56 DIGEST OF FEES. For making and filing a description of real property, or inventory of personal property attached, for each folio 25. For each necessary copy thereof, for each folio . 12 Together with such compensation .to the Ap- praisers as the Judge issuing the warrant allows, not exceeding for each day 2.00 For advertising during the pendency of the action, personal property attached 2 .00 If the action is settled before or after judg- ment, the Sheriff is entitled to poundage on the value of the property attached, not ex- ceeding the sum at which the settlement is made {Code, § 3307, as amended Laws 1884, ch. 462). 3. For a Copy of a Summons, Mandate, Com- plaint, Affidavit, or other paper served by him, where no fee is prescribed by law, for each folio 1 2' 4. For notifying Jurors to attend a trial term , for each jury cause on the Calendar, to be paid by party first putting cause on the Cal- endar for that term 50 But for Calendar fees in one action, not more than 1 .50 5. For notifying Jurors to attend upon a writ of inquiry, or to try claims to personal property seized under an attachment or execution ; or to enquire concerning the incompetency of a person in consequence of idiocy, lunacy or habitual drunkenness, or any cases not on the Calendar, including the making and return of the inquisition, for each Juror notified. . .25 For attending a jury when required in such case 2 . 00 6. For receiving an execution against property, entering it in his books, searching for prop- erty, and postage on the return, when made through post-office 50 SHERIFFS. 57 (To be paid in advance if required.) For mileage upon an execution, for each mile going only, to be computed from the Court House % .10 . For collecting money by virtue of an execution or attachment , in an action or special proceed- ing ; or by virtue of a warrant for the col- lection of money issued by the Comptroller , or County Treasurer in any county except New York, Kings or Westchester, upon the sum collected, not exceeding $250 3 perct.. Upon the residue of the sum collected 2 perct. In said three counties, on not exceeding $250, 2\ per ct> On the residue collected i^ perct. And also when execution is j/'ayt'fl^ after levy, or a levy is made upon a live animal or speedily perishable property, such additional com- pensation for his trouble and cxpetise in tak- ing care of and preserving the property as the Court or Judge thereof allows. Whisre settlement is made after" levy, the Sheriff is entitled to poundage upon the value of the property, not exceeding the sum at which settlement is made and the additional com- pensation provided in this sub-division. . For advertising real or personal property for sale by virtue of an execution, warrant of attachment or other warrant specified in last sub-division, unless it is stayed or settled before sale 2 . OO' In that case i . 00 . For making duplicate certificates of sale of real property by virtue of an execution, for each folio .25 For drawing and executing a conveyance upon sale of real property, to be paid by grantee. 2 . oo The Sheriff is entitled to printers' fees for pub- lication not more than six weeks. If pub- lished more than six weeks, or sale is post- • 58 DIGEST OF FEES. poned, the expense of continuing publica- tion, or publishing notice of postponement, must be paid by the person requesting it. Where there are two or more executions against the same judgment debtor, the Sher- iff is entitled to printer's fees on only one execution, and he must elect upon which he will receive the same. 10. For returning any Mandate which he is re- quired by law to return $ .12 For a certified copy of an execution, and of a return of satisfaction when requested 25 11. For posting and publishing notice of Sale, selling and conveying real property under a judgment, the same fees as for the same services by virtue of an execution. In sales in mortgage foreclosure zzse.'i the entire compensation cannot exceed 50-00 12. For taking a bond for liberties of the jail . ... i .00 For taking any other bond or undertaking which he is authorized to take 50 For a certified copy of such bond or under- taking 25 13. For executing any Mandate to put a person in possession of real property other than a warrant specified in subdivision 18, and re- moving the person in possession i . 50 And same travel fees as upon service of a sum- mons, per mile, going and returning 06 14. For each person committed or discharged from prison in an action or special proceeding, to be paid by the person at whose instance he is imprisoned i .00 For attending before an officer to surrender prisoner, or to receive the custody of a pris- oner surrendered in exoneration of bail, in- cluding all his services i .00 1 5. For attending a vietv for each day 2 .00 And for traveling Qd^ch mile going and ret'n'g .08 • SHERIFFS. 59 i6. For bringing up a prisoner upon a writ of habeas corpus, to enquire into the cause of detention $ i • 50 And for traveling to and from the jail for each mile 12 For bringing up a prisoner on any other writ of habeas corpus. Same 1.50 And for attending before the Court or Judge thereupon, for each day i .oo- Also his actual and necessary expenses in addi- dition to the sums specified in this sub- division. 17. For any services which may be rendered by a Constable, other than those specified in this section the same fees as are allowed to Constables for those services. 18. For executing a warrant to remove any per- son from lands belonging to th& people of the State, or to Indians, such sum as the Comptroller audits and certifies to be a reas- onable compensation. 19. For giving notice of any general or special election to all officers required for each town or ward i . 00 In addition to the expense of publishing notices required, by law, payable from the County Treasury. 20. For notifying each Constable to attend Court . 50 21. For attending Court which he is required by law to attend, for each day 3 -OO' {j:ode, § 3307.) The fees of a Sheriff upon an execution against property, must be collected by virtue of the execution except where the Statute pre- scribes that they must be paid by a particu- lar person, or may be included in the costs of the party. For service of an attachment against a default- ing witness i . 00 6o DIGEST OF FEES. And travel fees, going and returning for each mile {Code, § 3307, Sub. i) $ .06 For keeping a person arrested on execution, on an order of arrest, in a Court of Record, or surrender in exoneration of bail, at the ex- pense of the person in custody ; if he makes oath that he is unable to support himself during his imprisonment, his support is a County charge ; if kept in any place other than a jail, such sum as shall have been pre- scribed by the Court of Sessions; or if no rate shall have been prescribed by such Court, then such sum as shall be allowed by a Justice of the Peace, of the same town or city {Code, §.^ HO, 112, 115). FEES IX CRIMINAL CASES. The following are County charges: Where no fee is given the compensation is to be fixed by the Board of Supervisors. (3 R. S., 2579, § 12.) For every person committed to prison % . 2,7^2 For every prisoner discharged from prison ... . 375^ For summoning a Grand Jury 10.00 For serving a warrant or performing any other duty which may be performed by a Constable the same fees as are allowed by law to a Con- stable for such service. (3 R. S., 2579, § 1 1) For summoning Constable to attend any Court, each Constable 50 For serving a warrant in a Criminal Case (but not unless an arrest is made) 75 For traveling to make such service (if an arrest is made) per vci\\& going and returning 10 (See " Constables.") Taking defendant into custody on a Mittimus .25 For every mile traveled in taking prisoner to Jail, going and returning lo Serving a Subp(Ena, for each witness 25 SHERIFFS. 6l Mileage on the distance traveled per mile, goittg and returning. (3 R. S., 2585, Laws of 1877, ch. %g) % .05 But mileage can be charged only on the distance actually traveled to make service on all the witnesses when the subpoena contains one or more names, unless the Board of Supervisors make a further allowance. (3 R. S., 2580, Laws of 1836, ch. 506.) But no Board of Supervisors shall allow any charge for issuing or serving dir\y Subpoena in any Criminal Case or proceeding on behalf of a defendant. {Laws of 1845, ch. 180, § 18 ; zR- S., 2548.) For attendance upon drawing a Grand Jury. (3 R. S., 2559, § 10.) For preparing statements of prisoners in Jail for Dis- trict-Attorney. \ For preparing Calendar of prisoners in Jail for Courts of Oyer and Terminer and Sessions. (3 R. S., 2593, §25.) for the support of prisoners in Jail. (2 R. S., 978, §S,sud.6.) • For furnishing and collecting statistics for Secretary of State relating to Convicts in Criminal Courts, Sheriffs, shall be allowed a reasonable compensation by Board of Supervisors. [Crim. Code, §§ 945, 946.) For conveying Juvenile Delinquents to Houses of Ref- uge and Lunatics to Insane Asylums such compensation as shall be fixed and determined by the Board of Sup- ervisors. (3 R. S., 2584; Laws of 1859. '^^- 254.) For conveying any prisoner sentenced to Albany Pen- itentiary for an offense not punishable by imprisonment in a State Prison, such fees and expenses as the Board of Supervisors shall prescribe and allow. {Laws of 1874, ch. 209, §§ 2, 3 ; 3 72. 5., 2633.) For conveying a single Convict to the State Prison, for each mile from which such Con- victs shall be conveyed % .20 Conveying 2 Convicts for each mile, as aforesaid .35 62 DIGEST OF FEES. Conveying 3 Convicts for each mile, as aforesaid^ .40 Conveying 4 or more Convicts for each mile, as aforesaid, each 12 For maintenance of each Convict on the way to State prisons, per day 1 .00 But not exceeding for thirty miles travel (3 R. S., 2587, Laws of 1877, ch. 128.} i .00 The account to be paid by the State. All convicts sentenced to same State Prison or the same House of Refuge at one session of the Court, to be transported at the same time unless the Court shall expressly direct otherwise. (3 R. S., 2583, § 35.) For conveying persons convicted of offenses punishable by imprisonment in a State Prison and sentenced to the Albany or Syracuse Penitentiary the same fees as are allowed by law for conveying convicts to State Prisons, to be paid by the State Treasurer. {Laws of 1869, ck. 574, §§ I, 3. 7 ; iR- •S'v 2641.) For serving the Comptrolhr's Notification wt^ow debtors of the State, such amount as may be audited by the Comptroller paid out of State Treasury, (i R. S., 468, §21; 2 72. 5., 967, ^76.) For serving Subpcenas of Canal Board, Canal Commis- sioners or Canal Appraisers, such sum as may be just and reasonable, to be paid by Canal Commissioners, (i 7?. 5., 646, §§ 10, II.) For services in the recovery and preservation of wrecked propertv a reasonable allowance as salvage, not to exceed one-half of the property or proceeds, to be paid out of the property saved. (3 R. S., 2081, «j§ 12, 13.) SPECIAL SESSIONS. See " Justices of the Peace." STATE PRISONS. See " Sheriffs." STENOGRAPHER. 63 STENOGRAPHER. IN SUPREME COURT: Appointed by the Justices of the Supreme Court, in each Judicial District. In the 3d, 5th, and 8th District he shall receive a salary of $2000.00. {Laws of 1882, £h. 173, 325 ; Laws of 1883, ch. 215.) Such salary is to be apportioned to each County in such District by the Court at Special Term, according to the number of days such Courts have been held in such County, and paid by County Treasurer. He shall also receive his actual necessary expenses while attending said Courts, and for actual travel to and from such Courts and his place of residence, per mile {Code, § 260) % .10 To be certified by presiding Justice, and paid by County Treasurer on such certificate. For a copy of testimony and other proceedings on trials, for each hundred words of copy fur- nished, to be paid by the party ordering the same (C(7rf^, § 3311) 06 When two Courts are appointed to be held at the same time in either of the Judicial Districts, the Justices assigned to hold the same, may employ an additional 'Stenographer and certify a reasonable sum for the pay- ment of services and actual necessary expenses, to be paid by the County Treasurer on certificate. {Code, % 261.) The above provisions apply to all the Judicial Dis- tricts except the first and second. IN surrogate's court. The Surrogate in any county may, in his discretion, employ a Stenographer to take full Stenographic notes of all proceedings in the Court of said Surrogate in which oral proofs shall be given. He shall be paid a reasonable compensation, to be ■certified by the Surrogate, as a part of the costs of the proceedings. {Code, § 2513.) 64 DIGEST OF FEES. The State Assessors may appoint and fix corn- compensation of a Stenographar, not to ex- ceed per day $10.00 Or for copies per folio 10 STRAYS. To the person deHvering rote containing description of any strayed neat cattle or sheep upon his enclosed lands within ten days after the coming of any such stray thereon, to be paid by owner of the stray : For all neat cattle and horses, each $ .09 For each sheep 03 Together with fees of Tmvn Clerk for entering such note, as follows: For all neat cattle and horses, each 06 For each sheep 03 And also all reasonable charges for keeping the stray, to be ascertained by two Fence Viewers of the Town to be selected by the person claiming the same, in case he and the owner of the stray cannot otherwise agree. Each Fence I'lezver shall be entitled to receive for each mile he is obliged to travel from his house to the place where the stray is kept 06 For a Certificate of the charges as ascertained by him 25 Such fees to be paid by the owner of the strays, (i R. S., 829, §§ 17, 19, 21, 22.) In case of a sale of the property the person who shall have delivered the note shall be entitled to retain for his own use the fees and charges above mentioned and the like charges for such sale as are allowed on sales under executions issued out of Justices' Courts, (i R, S., 830, § 26.) See " Executions." SUBPCENA. To a Justice for issuing in Civil or Criminal Case $ .25 To a Constable for serving in Civil Cases on each SUMMONS — SUPERVISOR. 6$ witness not exceeding four $ .25 To any person except, a Constable or Sheriff for serving in Ciixil Cases in Justices' Courts, not exceeding four each. (Code, § 3323) 13 To a Constable or Sheriff iox serving in Criminal Cases for each witness 25 And mileage for distance actually and necessarily traveled, per mile {Laws of 1877, ch. 89; 3 R. 5., 2585 : Code 3307, Sub. 17) 05 To a County Clerk for issuing upon application of defendant in Criminal Cases. No fees {Criin. Code §611.) SUMMONS. See " Justices of the Peace," " Constables " and "Sheriffs." SUPERINTENDENTS OF THE POOR. See " County Superintendents of the Poor." SUPERVISOR. FOR THE COUNTY. For each day's services during the sessions of the Board, besides mileage, allowed by law (Laws of i%%2, ch. 58) % 3.00 For each day's service, except when attending the Board of Supervisors 3 .00 Tor mileage once going and returning from his residence to the place where the sessions of the Board are held, per mile 08 For making a copy of the assessment roll and making out the tax bill to be delivered to Collector : For the first hundred written lines each 03 For the second hundred written lines each 02 For each line over three hundred {Laws 1882, ch. 58) ■■ ■ 01 See '^County Canvassers. 66 DIGEST OF FEES. FOR THE TOWN. For each day's service $ 2 . oo For all necessary travel, filing bond, each mile (2 i2. 5., 933, § lo) , .08 SURROGATE. The salary of the County Judge, and the salary of the Surrogate when elected as a separate ofificer, shall be established by law payable out of the County Treasury and shall not be diminished during his term of office {Const., Art. 6, § 15). He cannot receive to his own use any fees or perquis- ites of ofifice. {Same, § 21). Nor for the use of the County except for copies of records or papers {Code, % 2567). For such copies furnished to any party on his request, per folio, to be paid by the party requesting them {Code % 2567) % .10 When he goes to a place other than his office or court room, to take testimony, he may charge and receive to his own use, for each mile going and returning . lO' The salary of the County Judge and Surro- gate in Herkimer County is {Laws 1872, ch. 7^7> § 3) 55,3,000.00 For salaries of Surrogates in other Counties, see Laivs 1872, ch. 767, as amended by ch. 401, Laws I'&'j'j. SURROGATE'S CLERK. Such compensation as the Board of Supervisors shall fix {Laws 1870, ch. 467, § 4). The Board* of Supervisors may authorize said Clerk to receive for his own use the legal fees for making copies of any record or paper in the office of the Sur- rogate {Code, § 2508). SURVEYORS. For actual service in surveying, laying out, marking and mapping any real estate of which TAXES — TOWN CHARGES. 6/ partition shall be made, or of which Dower shall be admeasured, per day $ 5 .00 For each of his chain and flag bearers and other necessary assistants, per day {Code, § 3299). . . 2.00 TAXES. See "Collector" and Supervisor.' TOWN AUDITORS. See "Auditors." TOWN CHARGES. The following shall be deemed Town Charges : 1. The compensation of Town ofificers for services ren- dered for their respective towns. 2. The contingent expenses necessarily incurred for the benefit of the town. 3. The money authorized to be raised by the vote of a town meeting for any town purpose. 4. Every sum directed by law to be raised for any town purpose (i R. S., 841, § 2). All fees and accounts of Magistrates and other officers in cases not felonies in Criminal Proceedings had before the single Magistrate, are town charges. The costs of proceedings had after the person is bound over or committed and all proceedings in cases of fel- onies are a county charge. All costs where the proceedings or the trial for the offense are had before any Court ol Oyer and Terminer or Sessions are . a County charge (i R. S., 846, § 26). ■" Criminal Proceedings" in the statute include proceed- ings against beggars and vagrants ; to prevent the Commission of Crimes; against disorderly persons and search warrants and proceedings thereon {People V. Supervisors of Ontario, 4 Denio, 260). 68 DIGEST OF FEES. The expenditures necessary for the building and re- pairing roads and bridges are paid by the town (2 R. S., 1 2 14, §4.) The expense of supporting at the State Lunatic Asylum an Indigent Lunatic, which the town would have been liable to support, if not sent to the Asylum, is a Town charge. (3 R. 5., 1904, § 16.) The expense of providing books for Toxvu Records, (i R. S., 828, § 14.) For recording c/iatte/ mortgages. (3 R, S., 2250, §1.) For recording proceedings of Boards of Excise. Laws of 1870, ch. 175, § 7; 3 ^. 5., 1989. For recording description of strays. (l R. S., 829, § 19.) For Supervisor's accounts, (i R. S., 826, § 3.) And other books required by law to be kept by Town officers are chargeable to the Town. The expense of furnishing a Site and building a Town Bouse. (I R. S., 852, §§ I, 2.) And of establishing and maintaining pounds is a Town charge, (i R. S., 808, § $, Sub. 8) TOWN CLERKS. For each day's service performed by him for the Town {Laws of 1870, ch. 242, %2; 2R. S., 1218)$ 2 .00 For drawing a Jury in cases of altering or laying out roads to be paid by applicant {Laws of \%%i,%i, 2 R. S., 1 240) 1 . 00 For filing a chattel mortgage or copy 06 For entering the same in books as required by law [zR. S., 2250, §6) 06 For drawing and certifying a Jury in cases of re- assessment oi damages for laying out highways (i7?. 5., 850, §19)..... 50. For making sales of floating timber or lumber un- unclaimed as required by law : For every dollar collected to the amount of $50. .05 For every dollar collected over $50 (2 R. S., 2888, §8, C^^'^ § 3323) .o2i For entering note of strays for all neat cattle and TOWN CEERK — TOWN SEALER. 69 horses, each $ .06 And for each sheep to be paid by the person delivering the note ) i R. S., 829, §19) 03 For fiHng and entering a certificate of marriage .25 For a copy of such certificate or of the entry thereof (3 R. S., 2334, § 18) 10 It is the duty of every person having the custody of the records or papers in any pubHc ofifice to search the files, papers, records and dockets and make transcripts of such papers or records when required and the legal fees offered. The following fees are . allowed for the services mentioned : For searching for each paper $ .03 For certified copies of such instruments, same as allowed Clerks of Counties, per folio {Code, §§961, 3304) 08 For services in relation to the census, a reasonable compensation to be allowed by the Board of Supervisors (i R. S. 267, §4). For services in the registration of voters per day, and necessary expenses (i R. 5., 421, §16).. . . 2.00 For services in the Alteration of School Districts per day. (3 R. S., II57§ 5) 1 . 50 For filing and recording contracts for conditional sale of property, same fees as for chattel mortgages {Laws, \%%^,ch. 315, §4). TOWN SEALER. See " Sealer of Weights and Measures" TRANSCRIPT. See " County Clerks " and " Justices of the Peace." TRUSTEES OF SCHOOL DISTRICTS. Are not entitled to any remuneration for their serv- ices in that capacity {N. Y. Code of Pub. Instruction 41s, ed. 0/1868). 70 DIGEST OF FEES. VAGRANT. See "Beggars " and ''Vagrants." WARRANT. [Civil^ See "Justices of the Peace " and "'Constables." WARRANT. {Criminal). BEFORE INDICTMENT : Criminal warrant may be issued by Justices of the Supreme Court, Judges of any City Court, County Judges, Mayors and Recorders of cities. Justices of the Peace, and PoHce Justices appointed in any city or elected in any town {Crim Code, §§ 147-150). AFTER INDICTMENT: A warrant for the arrest of any defendant indicted, may be issued by the Clerk of the Court to which such indictment shall be presented {Crim Code, § 300). "^o Judicial officer e^ce'pt ]\xst\ces of the Peace can receive to his own use any fe, s or perquisites of office (Const., Art. 6, § 21). For issuing a warrant for the arrest of an offender, before indictment, a Justice of the Peace is enti- tled to {Laws 1884, Ji. 188) $ .25 A Criminal Warrant must be directed to any Peace Officer of the County. It must be executed by the officer to whom it shall be directed {Crim. Code, § 153). No Board of Supervisors shall allow any account in favor of any Justice of the Peace for any warrant on any complaint for an assault ajnd battery (3 R. S., 2578, ;^ I). WARRANTS — WITNESS, 'ji WARRANTS. {Search^ Search warrants are Criminal Proceedings and gov- erned by the same rules as to fees and their payment as warrants for the arrest of persons (4, Denio, 266). The necessary expenses incurred in the preservation of property taken by virtue of a search warrant to be certified by the Magistrate who shall take the examin- ation of the person accused of stealing such property, shall be paid by the owner of such property {Crim Code, §§686, 687.) WITNESS. IN CIVIL CASES. For each day while attending any Court of Rec- ord or Judge thereof $ .50 If the witness resides more than three miles from the place of attendance for each mile going {Code, § 3318) 08 For attending before a Justice of the Peace in Justice's Court, or before a Commissioner ap- pointed by a Justice of the Peace, or before a Justice of the Peace, taking depositions to be used in Courts not of record, in other States, for -each days actual attendance {jZode § 3327) .25 Witnesses attending before a Commissioner or ofificer to be used out of State, other than above specified, each day's actual attendance 2.00 Mileage, going, pfer mile {Code, § 3319) 08 IN CRIMINAL CASES. In Criminal Cases, whether subpoenaed on the part of the people or of the defendant in any indictment, no fees {Crim. Code, § 615.) , Nor in any Court of Special Sessions. jyCrim. Code, 731O 72 DIGEST OF FEES. If a person is poor or has come from a place out of the State and attends before a Magistrate, Grand Jury, or Court, as a witness on behalf of the people, at the re- quest of the public prosecutor, or upon a subpoena, or lay virtue of an undertaking, the Court or the County Judge, may direct the County Treasurer to pay such witness such sum as shall seem reasonable for his ex- penses, which sum the Treasurer shall pay on the pro- duction of a copy of such order, certified by the Clerk. i^Crim. Code, § 616-7.) See " Coroners." INDEX. Pag'''. Accounts 5 affidavit to, what to contain i^ 5 before whom taken 5 Acknowledgments, before whom taken 5 of bail in Courts of Record 5 of satisfaction of decree of judgment 5 of deed 6 County Judge may receive fees for, for use of County 6 Administrators, fees of 6 County Treasurer, when acting as 6, 35 Advertisements, fees for printing 6 Affidavits, before whom taken 7 Justices of the Peace for taking t County Judge, County Clerk, Commissioners of Deeds or Notary Public. . . w 7 Appeals, to State Assessors by Supervisor 7 to County Court, when brought 7 costs on, when new trial is had 7 other appeals 7 to Court of Appeals 8 when brought 8 costs on 8 to Supreme Court, when brought 8 costs on 8, 9 Appraiser, Compensation of 9 Arbitrator, Compensation of 9 Assessor, when to file oath of office » compensation of 9 to be Fence Viewer 38 fees for services, as Fence Viewer 39 Assignees, Commissions of 1" 74 INDEX. Attachment, Page. in Justices Court, 10 Justices for issuing, 10, 43 Constable for serving, 10, 18 in Supreme Court, additional allowance, 10 Sheriff for seryiiig, 55 Attorneys, statutes regulating fees of, repealed 11 costs on Certiorari 16 civil actions, 23, 23, 24, 25, 26 in cases of lunatics, 47 mandamus, 48 mortgage foreclosure 49 special pi-oceedings, 10, 11 District Attorney may eniploy counsel 36 services for Board of Supervisors a County charge, . . 29 A.UCTIONEER, commissions of, 11 Auditors, Town, of whom to consist, 11 compensation of, 11 appointed by Sun-ogate, allowance to, 11 Bastardy, fees of Justices in cases of 13. Constables in cases of, 13 Witnesses in cases of 12 Beggars and Vagrants, fees of Justices in cases of, 13 Constables in cases of, 13 Witnesses in cases of 13 Officers a Town charge, 13 Board of Alms, of Little Falls, who constitute 13 compensation of, 13 how apportioned, 13 Board of Excise, See Commissioners of Excise, 17 Board of Health, who constitutes, 14 to appoint health officers, 14 compensation of, in Towns, 14 health officers, 14 expenses of, a Town charge, 14 Board of Supervisors, see Supervisors, 65 Bond, fee of Justice for di-awing 14 Bounties, for destruction of wild beasts, 14 Board of Supervisors to make regulations 14 in Herkimer County, '. 14 INDEX. 75 Cattle Law. Page. cattle not to run at large 15 duty of Overseer of HiKhways 15 Street Commissioners in Villages 15 penalties under 15 Costs of proceedings, same as in civil actions 15 Certificate," fee of Justice for taking acknowledgments, drawing and signing certificate ., 5 County Clerk's fee for 3S Justice's fee for certificate to depositions 40 Sheriff's fee for, on sale of real estate 57 Certiorari, Costs on 16 Justice's fee for return to 16 Chattel Mortgages. Clerk's fee for filing 16, 32 entering same in book 16, 33 certified copies of 33, 69 Clerks, of Board of Supervisors 16 compensation of 16 a County charge 27 Clerks of the Polls, compensation of 16 Collector, of taxes, fees of 17, 37 of School District 17 Commissioners of Excise, who constitute. . ., 17 compensation of 17 Commissioners of Highways, compensation of , 17 to be Fence Viewers 38 fees of Fence Viewers 38, 39 Commissioners for Loaning Moneys of United States, fees of 18 Commissioners, to make partition or admeasure dower, compensation of 18 Constables, fees, for services in civil actions 18, 19 special proceedings 19 criminal cases 19, 30, 21 Coroners, fees of 31, 33 Supervisors to require inventory of , 23 ^6 INDEX. Costs, Page. in civil actions 21, 33. 24, 35 additional allowances 35 Clerk's fees 25 Referee's fees : S5 on entry of judgment by confession 25 in proceedings supplementary to execution 25 in action by the people 26 in Justice's Court 26 double costs 26 County Canvassers, who constitute 27 compensation of 37 County Clerk's fees as Secretary of 27 County Charges, whatare 27, 2S, 29, 30 County Clerks, fees of 81, 33, 33 fees as Clerks of Criminal Courts 33 in taking census 33 as Secretary of County Canvassers 31 in civil actions 35 for reporting criminal statistics 33 to appoint deputy and fix compensation 35, 36' County Judge, salary of, fixed by legislature 34 not to receive fees to his own use 35 to pay sums received for fees to County Treasurer. . . 34 expenses when holding Court in another County. ... 34 County Superintendent of the Poor, compensation of 34 in Herkimer County 34 in Counties having more than one to appoint physi- cian for Poor House '. . . 53 no account to be audited by, unless accompanied by an affidavit 5 County Treasurer, compensation of 34 commissioners as Administrator 6, 35 C^ourts. Expenses of keeping in repair rooms for, a County charge 28 printing calendars for, a County charge 28 fee of Sheriff for attending \\\\ 59. Constable attending 20 Court of Special Sessions 48 Crier op the Court, how appointed and paid 35 compensation of \ 35 INDEX. "JJ Deeds, Page.. fee for acknowledgment of, 5 who may take acknowledment of, 5- County Clerk's fees for recording, 30 Sheriff for drawing, 5T Deputy County Clerk, how appointed and paid 37 Deputy Sheriff, how appointed and paid, 35, 36- District Attorney, may appoint an assistant 36- with consent of County Judge may employ counsel. . 36- compensation of, 36 in Herkimer Cotmty 37 when acting as Surrogate 37 Dogs, tax on, 37 Collector's fees on dog tax 37 Dower, 37 Excise, see Commissioners of Excise, 17 license, 47' Execution, fee of Justice for issuing, 37 Constable for serving, 18, 3T Sheriff for serving 38, 57 County Clerk for issuing, 30 Executors, fees same as administrators, ' . . 6, 38' Felony, fees of officers a county charge in cases of, 38 Fence Viewers. who are, > 38' compensation of, 39 Filing Papers, chattel mortgages 16 by Justices of the Peace, fee for, 45 County Clerk, papers of an insolvent, 30 certificate of satisfaction of mortgage, 30^ every paper deposited with him, 33 Foreclosure, see mortgage foreclosure 49- Game Constable, compensation of, 40 costs on failure to recover penalty, a County charge, 40' 78 INDEX. Grakd Jurors Page. by whom selected, 43 compensation of 42 Guardians, compensation of 40 Guards, for jail, compensation of 40 Habitual Drunkards, costs and expenses in relation to, how audited, 41 in proceedings for appointment of committee for, — 47 Highway Labor, rate commuted for, 41 Highways. see Constables, Jurors, Justices of the Peace and Town Clerks 19, 43, 68 Indictment, expenses of trial in another County, 41 Inquest, fees of Coroner for taking 21 Insane, support of chronic insane. 39 see lunatics. ? 47 support of indigent lunatics at Lunatic Asylums, if Town paupers, a Town charge, 68 Inspectors of Election, compensation of, 41 Inventory. see Constables and Sheriffs 56 Jails, who to have custody of 41 guards for. compensation of 40 Judgments, fee for entering, 43 Justice for transcript of 43 Clerk for entering satisfaction of 43 Jurors, in Court of Record, 43 by whom selected 42 compensation of Grand and Petit, 43 in Herkimer County 42 in Justices' Courts, 43 in Courts of Special Sessions, 4a in relation to Highways 43 in special proceedings, 43 Justices of the Peace. for taking acknowledgments, 5, 6, affidavits, 7 INDEX. 79. Justices of the Peace, Page. in cases of bastardy '. 13 " beggars and vagrants 13- for drawing bond 14 fees in civil cases 43, 45 " criminal cases 45 fees of Courts of Special Sessions 46. " Justices of Sessions 46 fees for services for town 46- Landlord and Tenant, fees in summary proceedings to remove tenant 47 Levy, see attachment and execution 10, 37 License, to sell strong and spirituous liquors 47 Loan Commissioners, fees of 18 Lunatics, fees in proceedings for confinement of 47 " " to apjioint committee for 47 fees of Sheriff for conveying to Asylum 61 expense of supporting at Asylum, if town pauper, a town charge 39, 68 to be paid in first instance by County 39 Mandamus, costs in, not affected by code 48 Marshal, census, compensation of , 48 Mechanic's Lien, costs in proceedings to enfrcoe 48 Clerk's fee for filing 48- Militia, compensation of, in cases of riot, etc 48 Mortgages, see acknowledgments and County Clerks 6, 31 chattel mortgages 16, 33, 68 County Clerk's fee for recording 30 fees for foreclosing 49 Mortgage Foreclosure, by action 49 fees for advertisement 49 Sheriff for selling under decree of 58 Clerk entering minute of 30, 49 Naturalization, Clerk's fees in case of .... , 32 Notary Public, fees of 33 may take acknowledgments 5. affidavit 7. 80 INDEX. Oath, . P^ge. fee for administering 50 County Clerk for administering in civil cases 33 " " " " criminal oases. ... 33 Overseer of Highways, compensation of 50 duties under cattle law 15 costs under cattle law 15 Overseer of the Poor, compensation of 51 compensation of Overseer of Alms of Little Falls 13 Partition, costs in proceedings for 25, 51 fees of commissioners in 18 " Surveyors and assistants 67 " County Clerks in 31 Physicians, compensation of, a county charge 53 to Poor House 53 Jail, how appointed 53 for services in oases of insanity 51 Pound Master, fees of 53 Printers, for publishing advertisements 6 Kailuoad, Commissioners, fees of : . 53 Receivers, of corporations, commissions of 53 in other cases 53 Recognizance, Clerks for entering 53 Justice of the Peace, for 53 Recording. Clerk's fee for 80 Referee, fees of 53 Replevin 53 Riots, damages caused by, a County charge 29 compensation of militia to suppress 48 Satisfaction, fee for entering 30, 33, 54 School Commissioners, compensation of 54 Supervisors may increase salary of 54 Sealer of Weights and Measures, fees of 57 Search. County Clerk's fee for 30 Town Clerk's fee for 69 INDEX. 81 Seaech Warrant, Pasre. • a criminal proceeding 1 55 fee for 70, 71 Session Laws, fee for printing 6 Sheriff. fee of, in civil cases .55, 60 " criminal oases 60, 6^ for preparing calendar of prisoners 61 collecting criminal statistics 61 conveying convicts to Penitent'y or State Prison 61, 6^ giving notice of election 59 serving Comptroller's notification 62 subpoena for Canal Board 62 services in reference to wrecked property 63 Special Sessions, fees of Courts of 46 State Prisons, fees for conveying convicts to 61, 62 Stenographer, fees of, in Supreme Court. . ., 63 Surrogate's Court Q3- Strays, fees to persons delivering note 64 Town Clerk 64 fence viewers 64, 65 SUBPCBNA, fees for issuing and serving 64, 65 Summons, Constable for serving 18 Justice for issuing 43, 44 Sheriff for serving 55 Superintendents of the Poor, compensation of 34 in Herkimer county 34 Supervisor, compensation of, for services for County 65 Town 65 Surrogate, compensation of 66 Surrogate's Clerk, compensation of 66 Surveyor, compensation of 66, 67 Taxes. fees for collecting 1 J of Supervisor for making out 65 Town Auditors, compensation of il Town Charges, what are 67, bS 82 INDEX. Town Clerk, Page, fees of 68, 69 Town Sealer, fees of 54 Transcript, of judgment. Justice's fee for 43 Clerk's fee for filing and entering judgment 33 Trustees of School Districts, no fees 69 Tagrants, fees in proceedings against 13 AVarratstt. in civil eases 43 Justices for issuing 43 Constable for serving 18 in criminal cases, by whom issued 70 to whom directed 70 Justice's fee for issuing , 44, 46 Constable's fee for serving 19 Sheriff's fee for serving 60 in Special Proceedings — Justice for issuing 44, 45 Constable for sei-ving 19 in cases of assault and battery, not allowed by Super- visors 70 Sheriff for serving 60 Search, a criminal proceeding 71, 74 fees for 71 Witness, in civil cases, fees of 71 in Justice's Court 71 on pi-oving will 71 in criminal cases, no fees 71 poor or foreign, expenses to be paid 72 in proceedings against beggars and vagrants 13 in bastardy 13 Court of Special Sessions for swearing 16 County Clerk for swearing in Criminal Courts 33 "Writ, Sheriff for returning 58 summoning Jury upon writ of inquiry 56 serving writ of possession 5S i\A' '^' ,«r: