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distributed or applied, allowed by law to an executor or admis istrator for receiving and paying out money. But commissions shall not be allowed to him upon a sum bidden by a party, ad applied upon the party's demand, as fixed by the judgment, wit out being paid to the referee, except to the amount of ten dollan

And a referee's compensation, including commissions, cann where the sale is under a judgment in an action to foreclose mortgage, exceed fifty dollars, unless the property sold for thousand dollars or upwards, in which event the referee may re ceive such additional compensation as to the court may se proper, or in any other cause five hundred dollars.

L. 1869, ch. 579, § 4, am'd; and see Co. Proc., § 309, am'd; L. 1876, 431, § 11; L. 1895, ch. 241.

§ 3298. Fees for oaths and acknowledgments. Any officer, authorized to perform the services specified in t section, and to receive fees therefor, is entitled to the followi fees:

1. For administering an oath or affirmation, and certifying same when required, except where another fee is specially re scribed by statute, twelve cents.

2. For taking and certifying the acknowledgment or proof the execution of a written instrument; by one person, twentycents; and by each additional person, twelve cents; for sweari each witness thereto, six cents.

2 R. S. 637, § 28 (2 Edm. 658); L. 1847, ch. 339 (4 Edm. 628); L. IN ch. 238, § 2 (3 Edm. 302).

§ 3299. Surveyors' and commissioners' fees in action for partition or dower, etc.

A surveyor, employed as prescribed by law, in an action partition or dower, or to determine dower, is entitled to five of Îars for each day, actually and necessarily occupied in surv ing, laying out, marking, or mapping land therein. Each assi ant, so employed, is entitled to two dollars for each day, actu and necessarily occupied in serving under the surveyor's direct Each commissioner, appointed as prescribed by law, to m partition or admeasure dower, is entitled to five dollars for ea day's actual and necessary service.

2 R. S. 643, §§ 34 and 35 (2 Edm. 662), am'd.

3300. Fees of the clerk of the court of appeals.

The clerk of the court of appeals is entitled, for the service specified in this section, to the following fees:

For filing a notice of appeal to that court, and all the paper transmitted therewith, fifty cents.

For filing any other paper, ten cents.

For drawing an order, twenty cents for each folio.

For entering an order, twenty cents; and for each folio me than two, ten cents.

For drawing a judgment, twenty-five cents; and for each fo more than two, ten cents.

For entering a judgment, twenty-five cents; and for each fr more than two, ten cents.

For a certified copy of an order, record, or other paper, enter or filed in his office, ten cents for each folio.

grossing a remittitur, ten cents for each folió. certificate, other than that a paper, for the copying of is entitled to a fee, is a copy, twenty-five cents. aling any paper, when required, fifty cents.

622, § 2 (2 Edm. 646); L. 1847, ch. 277, § 7.

lam'd, 1890.] Clerk's fees in civil actions gen

as otherwise prescribed in the next section, each clerk urt of record is entitled for his services in an action or a roceeding, brought in or transferred to the court of which rk, to the following fees:

he trial of the action, or the hearing, upon the merits, of al proceeding, from the party bringing it on, one dollar. tering final judgment in the action, or entering a final the special proceeding, including the filing of the judgand a copy of the judgment to insert therein, fifty id ten cents in addition for each folio exceeding, ten, I in the order or judgment.

tering any other order or an interlocutory judgment, ten each folio, exceeding five.

certified or other copy of an order, record, or other paper, ›r filed in his office, five cents for each folio.

on an appeal from a judgment or order, a party shall o the clerk a printed copy of the judgment-roll or order from, it shall be the duty of the clerk, as required, to and certify the same, for which service he shall be to be paid at the rate of one cent per folio.

certified transcript of the docket of a judgment, twelve

ng a transcript and docketing or re-docketing a judgment a, six cents.

not entitled to any fee, or other compensation, for any vice, in an action or a special proceeding in the court, at where he is also county clerk, he may charge fees as d in section 3304 of this act, subject to the limitations ontained.

the attorneys for all the parties interested, other than default or against whom a judgment or a final order has en, and is not appealed from, stipulated in writing that is a copy of any paper whereof a certified copy is reany provision of this act, the stipulation takes the place ificate, as to the parties so stipulating, and the clerk is red to certify the same or entitled to any fee therefor. e paper so proved by stipulation shall be received by s of all the courts and by the courts and shall be used ith the same force and effect as if certified by a clerk of

roc., § 312; L. 1890, ch. 312.

[Am'd, 1895.] The last section qualified.

t section does not apply to the clerk of a surrogate's the city court of the city of New-York, of the city Yonkers, of the justice's court of the city of Albany, or or's or recorder's court.

h. 946.

§ 3303. Clerk's fees upon naturalization.

The clerk of any court, which has jurisdiction to naturalize as alien, is entitled, for the services specified in this section, to the following fees:

For all services, upon the filing of a declaration of intention br an alien to become a citizen, including the oath or affirmation the recording of the same, and a certificate thereof delivered the alien, twenty cents.

For all services upon the admission of the alien to be a citize including the recording of the papers, and a certified copy of t record, which must be delivered to any person requiring it, fif cents.

L. 1847, ch. 127, § 1 (4 Edm. 694). See ante, § 3301.

§ 3304. [Am'd, 1896.] Fees of county clerks generally. A county clerk is entitled, for the services specified in this se tion, except where another fee is allowed therefor by special statutory provision, to the following fees to be paid in advanc For searching and certifying the title to, and incumbrances up real property, for each year for which the search is made, i each name, and each kind of conveyance or lien, five cents.

For a copy of an order, record, or other paper, entered or fil in his office, eight cents for each folio.

For filing a transcript, and making an entry as prescribed section 1258 of this act, twelve cents.

For issuing an execution upon a judgment, a transcript where or of the docket of which, has been filed in his office, fifty cents to be paid by the party at whose request the execution is issue and to be collected by the sheriff in addition to the sum due up the judgment.

For recording and indexing a notice of the pendency of action, filed in his office, ten cents for each folio contained in the notice.

For cancelling such a notice, or a notice filed in his office, prescribed in section 649 of this act, twenty-five cents.

For recording any instrument, which must or may legally be recorded by him, ten cents for each folio.

For filing a certificate of satisfaction, or other satisfaction-pie of a mortgage, and entering the satisfaction, twenty-five cents. For affixing and indexing a notice of foreclosure of a mortgag as prescribed in section 2390 of this act, twenty-five cents. For entering a minute that a mortgage has been foreclos ten cents.

For filing and entering a satisfaction of an assignment of a judgment, twelve cents.

For filing and entering the bond of a collector or other office" authorized to receive taxes, twelve cents.

For searching for such a bond, six cents.

For entering satisfaction thereof, twelve cents.
For sealing any paper, when required, twelve cents.

For filing and docketing notice of a mechanic's lien, ten eens For filing and entering specifications and all other papers rela ing to a lien against a vessel, twenty-five cents.

For filing any paper required by law to be filed in his office other than as expressly provided for in this section, six cents. For filing any paper deposited with him for safe keeping, sit cents; and for searching for such a paper, when required, thre cents for each paper necessarily opened and examined.

certificate, other than that a paper, for the copying of e is entitled to a fee, is a copy, twenty-five cents. quiring into, determining, and certifying the sufficiency ireties of a sheriff, fifty cents.

tending upon the canvassing of votes, given at an elec- dollars.

awing the necessary certificates of the result of the can-hteen cents for each folio; and for the necessary copies nine cents for each folio.

tifying the governor that any person has taken an oath ten cents and the necessary postage.

otifying the governor that any person has neglected to oath of office, or to file or renew any security, within the scribed by law, or of a vacancy in an office in his county, s and the necessary postage.

tifying any person of his appointment to office, twentys, and the expenses, actually and necessarily incurred in e notice, which the comptroller deems reasonable.

tering, in the minutes of the county court, a license to erry, and for a copy thereof, one dollar.

king and entering a recognizance, from any person auto keep a ferry, twenty-five cents.

county clerk is not entitled to any fee, under this section, py of, or for filing or certifying, any paper, in a civil - special proceeding, in a court of which he is ex-officio

638, § 30 (2 Edm. 659); L. 1864, ch. 53, § 4 (6 Edm. 231); 2 R. S. 2 Edm. 565); L. 1873, ch. 489, § 4 (9 Edm. 622); L. 1896, ch. 572. May 12, 1896.

Certain provisions not affected by the last section. st section does not affect any special statutory provision, g unrepealed after this title takes effect, whereby a fee, from the fee therein allowed, is allowed to the clerk of and county of New-York, or of the county of Kings, for a herein specified.

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ch. 142, §§ 1 and 2; Co. Proc., § 256; L. 1874, ch. 304; L. 1868, . 1871, ch. 734.

Fees of register and other clerks.

gister of any county, or the clerk of any court of record, d, for any services specified in the last section but one, is authorized to perform, to the fees specified therein, o the qualifications therein contained.

[Am'd, 1884, 1894.] Sheriff's fees.

iff is entitled, for the services specified in this section, to wing fees:

serving a summons with or without either a copy of the t, or a notice specified in section 419 or section 423 of or for serving or executing an order of arrest, or any ndate, for the service or execution of which no other ecially prescribed by law, except a subpoena, one dollar person served or as to whom it is executed; and for travelling to serve or execute the same, six cents for e travelled, going and returning; the travelling fees to be 1 from the court house of the county; or, if there are ore court houses, from that nearest to the place of serecution. But where two or more mandates are delivered

to a sheriff, to be served upon or executed against one person, at one time, in one action or special proceeding; or where a man date is served upon or executed against two or more persons, one action or special proceeding, and in the course of one journey: the sheriff is entitled, in all, to six cents only, for each mi travelled.

2. For levying a warrant of attachment, against the property a defendant, issued as prescribed in title third of chapter seve of this act, or for executing a requisition to replevy one or mort chattels, one dollar; and, also, such additional compensation, his trouble and expenses, in taking possession of and preservi the property, as the judge, issuing the warrant, or in case of replevin, as the court or a judge thereof allows, and the judge court may make an order requiring the party liable therefor pay the same to the sheriff. For making and filing a descripti of real property, or an inventory of personal property attache twenty-five cents for each folio; for each necessary copy there twelve cents for each folio; together with such compensation the appraisers, as the judge issuing the warrant allows, not ceeding two dollars to each appraiser, for each day actually ets ployed. For advertising, during the pendency of the action, p sonal property attached, the same fees as are allowed to a sher for advertising personal property for sale, by virtue of an exece tion. If the action is settled, either before or after judgment the sheriff is entitled to poundage, upon the value of the propert attached, not exceeding the sum at which the settlement is mas 3. For a copy, necessarily made by him, of a summons or othe mandate, or of a complaint, affidavit, or other paper served him, where no fee therefor is specially prescribed by law, twe cents for each folio.

4. For notifying jurors to attend a trial term of a court record, fifty cents for each cause placed upon the calendar trial by a jury, to be paid by the party first putting the cause the calendar for that term. But the sheriff is not entitled to mos than one dollar and fifty cents for calendar fees in one acti The clerk shall not put a cause upon the calendar, for trial by jury, until the fee, specified in this subdivision, is paid to him. the use of the sheriff. And where the cause is tried at a sub quent term, without a new note of issue, as prescribed in secra 977 of this act, the party moving the trial must pay to the clefor the use of the sheriff, the calendar fee or fees remaining T paid. The provisions of this subdivision shall not be applica to counties wherein the sheriff is a salaried officer.

Last sentence added, L. 1894, ch. 407.

5. For notifying jurors drawn to attend upon a writ of inquir or to try the validity of a claim to personal property, seized virtue of a warrant of attachment or an execution, or in c'e dience to a precept issued by commissioners appointed to inqu concerning the incompetency of a person to manage himself or affairs, in consequence of idiocy, lunacy, or habitual drunkennes or in any case not provided for in the last preceding subdivision this section, including the making and return of the inquisit when required, for each juror notified, twenty-five cents. F attending a jury, when required, in such a case, two dollars. 6. For receiving an execution against property, entering it i his books, searching for property, and postage on the return, whe made through the post-office, fifty cents. If required by th sheriff, that fee, together with his fee for returning the execation

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