Clerk of court of appeals to account for and pay over fees. [Repealed.] Certain county clerks and registers must account for fees. General provisions as to fees, etc., to be accounted for..... Parties, attorneys, etc., when not allowed fees. No fee for administering certain official oaths. Certain searches to be gratuitous. Officer, etc.. may charge fee paid for oath, postage, etc. Id.; his fees, etc., to be paid before required to transmit papers. I'rovision where printers in county refuse to publish. Affidavit of refusal to publish, etc. Comptroller to audit certain charges. Taking fees not prescribed by law, prohibited. clerk of a court must perform all the duties required of the course and practice of the court, without fee or recept as expressly prescribed by law. Each public officer, om a duty is expressly imposed by law, must execute e without fee or reward, except where a fee or other ation therefor is expressly allowed by law. An officer or rson, to whom a fee or other compensation is allowed by any service, shall not charge or receive a greater fee -d, for that service, than is so allowed. ch. 386. § 6; 2 R. S. 650, § 5 (2 Edm. 669). Id.; for services not rendered, except, etc. cer, or other person, shall not demand or receive any fee ensation, allowed to him by law for any service, unless ce was actually rendered by him; except that an officer and in advance his fee, where he is, by law, expressly di· permitted to require payment thereof, before rendering ce. 650, § 6 (2 Edm. 670). Penalty for extortion. cer or other person, who violates either of the provisions I in the last two sections, is liable, in addition to the nt prescribed by law for the criminal offence, to an ac ehalf of the person aggrieved, in which the plaintiff is co treble damages. of § 7. Clerk of court of appeals to account for and pay S. rk of the court of appeals must, within ten days after day of January, and after the first day of July, in each der to the comptroller an accurate account, under oath, s received by him for his official services, since the last vas rendered; and must pay the same into the treasury ate. ed for L. 1846, ch. 277, § 7. [Repealed Jan. 1, 1896: L. 1895, ch. 946.] § 3285. Certain county clerks and registers must account for fees. Except as otherwise specially prescribed by law, each count clerk or register, who receives a salary, must account for, unde oath, and pay to the treasurer of his county, in the manner p scribed by law, all fees, perquisites, and emoluments, receive. by him, for his official services. § 3286. General provisions as to fees, etc., to be accounted for. Where a public officer is required, by law, to keep an accounti of, or to pay over, the fees or other moneys, received by h for official services, he must include therein all sums, receive by him, to which he was entitled, by reason of any act. I formed by him in his official capacity; whether the act did or not pertain to his office, or to the business thereof. L. 1847, ch. 277, § 11 (4 Edm. 555). § 3287. [Am'd, 1895.] Fees of certain officers to be taxed! upon demand. Each county clerk or register of deeds, who claims any fees. virtue of his office; and each sheriff or coroner, who, upon collection of an execution, or the settlement, either before ". after judgment, of an action or a special proceeding. claims fees, which have not been taxed; must, upon the written dema of the person liable to pay the same, cause them to be ta within the county, upon notice to the person making the mand, by a justice of the supreme court, or the county ju After such a demand, is made, the officer cannot collect his fer until they have been so taxed. 2 R. S. 652, §§ 1 and 2 (2 Edm. 671); L. 1844, ch. 127, §§ 2 and 3 (4) 694); L. 1895, ch. 946. § 3288. Parties, attorneys, etc., when not allowed fees. A party to an action or a special proceeding is not entitled a fee, for attending as a witness therein, in his own behalf, in behalf of a party who pleads jointly, or is united in interst with him; and an attorney or counsel, in an action or spec proceeding, is not entitled to a fee, for attending as a witnes therein, in behalf of his client. See 2 R. S. 651, § 15 (2 Edm. 671). § 3289. No fee for administering certain official oaths. An officer is not entitled to a fee, for administering the " of office to a member of the legislature, to any military officer. an inspector of election, clerk of the poll, or any town officer. to more than ten cents, for administering an official oath to att other officer. Id., § 17. g3290. Certain searches to be gratuitous. Each of the following officers, to wit: the secretary of Sta the comptroller, the treasurer, the attorney-general, and the St engineer and surveyor, may require search to be made. int office of either of the others, or of a county clerk, or of the cler of a court of record, for any record, document, or paper, wher 1 s it necessary for the discharge of his official duties, and thereof or extracts therefrom, to be made and officially or exemplified, without the payment of any fee or charge. 651, § 3. . Officer, etc., may charge fee paid for oath, post an officer or other person is required, in the course of nposed upon him by law, to take an oath, to acknowledge iment, to cause an instrument to be filed or recorded, or mit a paper to another officer, he is entitled, in addition es, or other compensation for the service, prescribed by he fees necessarily paid by him, to the officer who add the oath, or took the acknowledgment, or filed or rehe instrument; and to the expense of transmitting the cluding postage, where the transmission is lawfully made the post-office. Id.; his fees, etc., to be paid before required to t paper. provision of this act, requiring a judge, clerk, or other transmit a paper to another officer, for the benefit of is to be construed as requiring the transmission only at est of the person so to be benefited, and upon payment f the fees allowed by law for the paper transmitted, or or certificate connected therewith, and the expenses in the last section. ch. 449, § 12. Provision where printers in county refuse to proprietor of each newspaper, published in a city or n which any notice, order, citation, or other paper is by law to be published, refuses to publish the same, es prescribed by law for the publication, it may be pubthe newspaper, printed at Albany, in which legal norequired by law to be published. If it is required by published in that newspaper, and also in another newslished in a city or county, and the proprietor of each in that city or county refuses to publish it for the fees bed, it may be published in the newspaper, published o the place, where a person is required to appear, or act is to be done, pursuant thereto, the proprietor of 1 publish the same, for those fees. Publication, made bed in this section, is as valid, as if it was made in the unty, where the publication thereof is so required by 8, §§ 46 and 47 (2 Edm. 667). Affidavit of refusal to publish, etc. publication is made, as prescribed in the last section, than in the city or county where it is otherwise relaw to be made, the affidavit of publication must accompanied with an affidavit, or contain a statement, ect that an application to publish the advertisement re such publication, made to the proprietor of each published in the city or county; that the amount of the legal fees for such publication was at the same time tendered: and that the application was refused. Such an affidavit is pre sumptive evidence of the facts stated therein. 2 R. S. 648, § 49. § 3295. Comptroller to audit certain charges. Where the fees or other charges of an officer are chargeab to the State, they must be audited by the comptroller, and p on his warrant, except as otherwise specially prescribed by la 2 R. S. 651, § 16 (2 Edm. 671). 950 Supervisors may make allowance to grand and trial jurors. Id.; extra pay upon protracted trials. Jurors' fees in special proceedings. Fees of printers. Witnesses' fees generally. Id.; on deposition to be used in another state. Receiver's commissions. Fees of county treasurer, and chamberlain of New York. Fees of a justice of the peace. Constable's fees. Id.; affidavit upon claim for travel fees. Justice's court, fees upon a commission. Id.; jurors' fees. Id.; witnesses' fees. Id.; fees to be paid before services rendered. Id.; by whom fees to be paid. Certain special provisions excepted from this title. This title applies to civil cases only. [Am'd, 1896.] Referee's fees generally. ree, in an action or a special proceeding brought in a record, or in a special proceeding, taken as prescribed twelve of chapter seventeen of this act, is entitled to rs for each day spent in the business of the reference; tor before the commencement of the trial or hearing, nt rate of compensation is fixed, by the consent of the other than those in default for failure to appear or plead, ed by an entry in the minutes of the referee, or otherwriting, or a smaller compensation is fixed by the court in the order appointing him. ., § 313, am'd. In effect March 11, 1896. L. 1896, ch. 90. [Am'd, 1895.] Id.; upon sales of real property. es of a referee appointed to sell real property pursuant ment in an action, are the same as those allowed to the nd he is allowed the same disbursements as the sheriff. referee is required to take security upon a sale, or to , or apply, or ascertain and report upon the distribution tion of any of the proceeds of the sale, he is also entine-half of the commissions upon the amount so secured, |