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Full text of "A digest of fees of town and county officers in the state of New York : Prepared by authority of the Board of supervisors of Herkimer county"

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Cornell University Law Library 

The Moak Collection 


The School of Law of Cornell University 

And Presented February 14, 1893 



By his Wife and Daughter 

Cornell University Library 
KFN5769.Z9M81 1877 

3 1924 022 869 725 

The original of tliis book is in 
tine Cornell University Library. 

There are no known copyright restrictions in 
the United States on the use of the text. 





^tnnx&of M^mUm of ^tvUmtv (S^mnt^. 


Counselor at Lain. 





Entered according to Act of CongreBS, In the y{ar 1877, 

by Cldjton A. Moon, 

In the Office of the Librarian of Cong,-eBs, at Washington. 

The Board of Supervisors of Herkimer County, in 
the State of New York, on the 26th day of Ifovember, 
1872, adopted the following resolution on motion of 
Mr. Beals of Litchfield : 

"ResolDed, That Clinton A. Moon be, and is hereby author- 
ized to prepare a suitable number of pamphlets, of convenient 
form, containing a digest of fees and charges such as are legal 
claims in all town and county accounts, with brief reference to 
laws and authorities, and indez complete, charging the same to 
the county of Hferkimer." 

The following digest was prepared in pursuance of 
the authority conferred by the foregoing resolution. 

The 2nd Edition having been exhausted, a revised 
edition seems to be demanded. The errors and omis- 
sions discovered in the former editions have been cor- 
rected and supplied, and the changes made in the law 
up to the present time have been incorporated. 

The references to the Revised Statutes are to the Fifth 
Edition unless otherwise noted. 

Newport, October 1877. 



" 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, ia fact, made or rendered, or necessary to 
be made or rendered at that session of the board, and 
stating that no part thereof, has been paid or satisfied." 
1 H. S., 835, § 51. Same, 855, § 37. 

The affidavit to such account may be taken before 
any Supervisor of the County {Laws 187t), ch. 69), or any 
officer authorized to take affidavits. See "Affidavits." 


May be taken within this State before Justices of 
the Su-prerae Court, Judges of County Courts, Mayors 
and Recorders of Cities, Commissioners of Deeds, 
Justices of the Peace and Notaries Public. 3 B. S., 
46, § 4. Laws 1859, ch. 360. 
For taking acknowledgment of Bail in Supreme 
Court, Common Pleas, County or Mayor's 

Court, 25 

For taking of Satisfaction of Decree or Judg- 
ment of Supreme Court, County Court or 
Mayor's Court, 37J 


For taking proof or acknowledgment of Deed and 
drawingand signing Certificate, for one person, .25 

For each additional person, 12| 

For swearing each witness (3 R. S., 915, § 10),.. .06 

'So Judicial Officer, except Justice of the Peace, shall 
receive to his own use any fees or perquisites of office. 
Constitution, art. 6, § 21. 

A County Judge 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. S., 913, §§ 3 and 4. 


Appointed by Surrogate, to take oath of office and 

give bond, 

For receiving and paying out not exceeding 

$1,000, 5 perct. 

exceeding $1,000 and less than $10.000,.. 2| perct. 

all sums exceeding $10,000, 1 perct. 

And in all cases a just and reasonable allowance for 

actual and necessary expenses. Laws 1863, ch. 362, § 8. 
The County Treasurer when acting as administrator is 

allowed double the above commission 8. 3..fl. iS'.,218,§71. 

For the sale of real estate executors and adminis- 
trators are allowed their expenses including for 
every deed prepared and executed by them,... $2.00 

For each day necessarily occupied by them in 
such sale, to be allowed by the Surrogate, not 
exceeding (3 ii. S.,921), 2.00 

For publishing any notice, order, citation, summons, 
or other proceeding or advertisement required by law 
to bepublished, 


!N'ot more, per folio, for first iiisertiou than, 75 

For each subsequent insertion, 50 

Except Session Laws not more per folio than,.. .50 

As Supervisors shall determine. Laws 1874, ch, 416. 


May be taken iDefore any Judge or Clerk of a Court 
of Record, Justice of the Peace, Commissioner of 
Deeds, or Notary Public. 3 B. S., 474, § 38. Laws 
1859, ch. 360. 

For taking an affidavit before a Justice of the 

Peace (3 R. S., 916,§ 12, Laws 1866, ch. 692, § 1), .10 

For taking an affidavit before a County Judge 

(3 M.S., 915, §10 and 3 jR. S., 913, § 3, 12i 

For taking an affidavit before a Commissioner 
of Deeds, Notary Public or County Clerk 
(3 Ii.S., 915, § 10), .121 


( To Comptroller by Supervisor). ^ 

The costs and expenses arising from or connected 
with an appeal from the action of a Board of Supervisors 
to the Comptroller shall be a town charge when the 
appeal is not sustained. Laws 1873, ch. 327, § 15; as 
amended, Laws 1874, ch. 351, § 1. 

When sustained, by the other towns of the County. 

{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 unless the appellant state in his notice of 
appeal that such appeal is taken on questions of law only. 
To the justice for making return on appeal,.... |2.00 


To the party entitled to costs when 
A IsTbw Trial is had in the County Court : 

For proceedings before notice of trial, 10.00 

For subsequent proceedings before trial, 7.00 

For trial of an issue of Law, 10.00 

For trial of an issue of Fact, 15.00 

For argument of motion for a new trial on a 

case, 10.00 

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,... 7.00 

In Other Appeals. 

To the appellant on reversal, 15.00 

To the respondent on affirmance {Code, § 371), 12.00 


{To Court of Appeals). 

If from an order affecting a substantial right, when 
such order determines the action and prevents a judg- 
«ieut, or grants or refuses a new trial, or strikes out 
any pleading, the appeal must be brought in sixty days: 
in other cases within one year after judgment. 
To either party on appeal to Court of Appeals 

before argument, 30.00 

" for argument, 60.00 

" for preparing and serving a case, .... 20.00 
" for every term, not exceeding ten, 
excluding the term at which cause 
is argued in the Court of Appeals 
{Code,^S07), 10.00 

{To Supreme Court), 
From an inferior court, must be brought within two 
years after judgment. 


Prom a judgment or order, in the same court, within 
thirty days after written notice of the judgment or order. 
To either party on appeal to the Supreme Court 
except from certain orders be- 
fore argument, 20.00 

" for argument, 40.00 

" 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 {Ck>de, § 307), 10.00 

Appointed by Surrogate on application of Exe- 
cutor 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 {Laws 1873, ch. 225), 5.00 


The statutes make no provision for the fees of an Ar- 
bitrator. He is entitled to a reasonable compensation 
and it is usual to allow the same sum allowed to Referees, 
three dollars a day for each day. 


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 {Laws of 1870, ch. 242, §2), 2.00 

Of Non-Resident, Absconding, Insolvent, or Im- 
prisoned Debtors are entitled to deduct out of 


moneys in their hands all necessary dishurse- 
ments, and a commission on the whole sum 
which will have come into their hands at the 
rate of (3 R. S., 119, § 31), 5per ct. 

{Justices Court). 

Justice for issaing, 25 cts. 

Constable for serving, 75 cts. 

Constablefor Copy of Attachmentand Inventory, 75 cts. 
Constable for every mile traveled, going only, 
to be computed from defendant's abode, or 
where he shall be found, to place where the 
precept is returnable(Iiaics 0/1866, cA.692,§6), 10 cts. 
Constable entitled to lOcts. a mile for going and re- 
turning if he shall show by affidavit that such travel 
was necessary and actually traveled and that he had 
no other official or private business. Laics of 1869, 
ch. 820, §§ 1 and 2. 

[Supreme Court). 
Plaintiff entitled to additional allowance in an action 
in which a warrant of attachment has been issued, 

Eor an amount not exceeding $200, 10 perct. 

For any additional amount not exceeding 

|400, 5perct. 

For any additional amount not exceeding 

^1,000 (Code,^ 308), 2 perct. 

See " Sheriff's Fees." 


All statutes establishing or regulating the costs or 
fees of attorneys, solicitors and counsel in civil actions 
are repealed. Code, §303. 

By § 471 of the Code certain proceedings therein 
mentioned were not affected by the Code; but section 


3, ch. 270, Imws 0/1854, provides that in Special Proceed- 
ings, and on appeals therefrom, costs may be allowed 
in the discretion of the court, and when allowed shall 
be attherateallowedfor similar services in civil actions. 

It is supposed that the proceedings excepted from 
the operation of the Code by § 471, except mandamus, 
are "Special Proceedings," and come within theprovision 
of chapter 270, Laws 1854, above cited. As to Certio- 
rari, see 40 Hoio. Pr. Rep., 35. 

See " Lunatics," " Mandamus," " Mortgage Foreclos- 
ure," and " Costs (in civil actions)." 

TSg 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 
^.vS., 463,§36), 2Jperct. 

To consist of three persons to be elected annually. 
For each day's service performed by each {Laws 
1875, ch. 180), 3.00 

' {Appointed hy Surrogate). 
Surrogate may appoint one or more to examine ac- 
counts presented to him. 

For each day, a reasonable allowance to be paid 
out of the estate of the deceased, not exceeding 
(3 E. S., 180, § 70), 2.00 


The fees allowed by law for services under the statute 
entitled " Of the support of bastards" are as follows : 

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, 2.00 

To Constables : 

Serving warrant, 60 

For arresting and committing any person pur- 
suant to process, 1.00 

For every mile traveled (going only) in each case, .10 
Laws 1866, ch. 692. See ''Constables:' 

To Witnesses : 

For each day's actual attendance, 50 

If witness resides more than three miles from 
place of attendance, per mile going and return- 
ing [LaiDs of 1840, ch. 386, §8, iV. Y. Civil and 
OriminalJustice, 746), 04 

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, 10 

Subpoena, including all names, 25 

Record of conviction and filing same, ,75 

Warrant of commitmfent, 25 

Examination of accused for each day, 1.00 

Every necessary adjournment, 25 

To Constables : 

For serving warrant, 50 

For every mile traveled, 10 

Taking defendant on a Mittimus, 25 

Taking defendant to Jail or Poor House, for 

every mile traveled, going only, 10 

Laws of 1866, ch. 692. See " Constables." 

Witnesses : 

For each day's actual attendance, 50 

If witness resides more than three miles from 
place of attendance, per mile, going and return- 
ing {Laws of 1840, ch. 386, §8), 04 

(Of Little Falls.) 
To be constituted of Supervisor, Fresident of tlie 
Village and Commissoner of Altns, 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 majority may direct, a sum not exceeding 

{Same, §9), 100.00 

Board may determine compensation of the 
Overseer of Alms which shall not exceed, per 

j^nnum, ••••• 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 Countj^ 
in the ratio of the amount expended for the relief qt 
the Poor chargeable to the Town and County respect- 
ively. Same, §8. 

(See " Commissioners of Excise.") 


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 Ii.S.,S3, §12. 

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, §13. 
For services the Supervisor and Justices are each 

entitled per day to [Laws of 1870, ch. 242, §2), 2.00 

The compensation of the Health Officer is fixedby the 
Board. Laws o/1867, ch. 790, § 1. 2 R. S., 53, § 14. 

The expenses incurred under the act are a charge 
only on the City, Village, or Town as the case may be. 
Zaws 0/1868, cA. 761, § 1. 

For fees of Sheriffs and Constables under this act, see 
' those titles. 


(See " Supervisors.") 

Justice's fee for drawing any bond, in Civil Cases 

{Laws 0/1866, ch. 692, § 1), 25 

In Criminal Cases (<Same, § 3), 25 


{For Destruction of Wild Beasts). 
Board of Supervisors have power to make such laws 
and regulations as they may deem neces8ary,fbr destruc- 
tion of wild beasts, etc. 1 R. S., 851, § 12, 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 Merkimer 

County, 1864, p. 6), 15.00 

There is a State Bounty for each full grown wolf, 30.00 

For a pup wolf, 15.00 

For a panther {Laws 1871, ch. 721, § 39) 20.00 

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, within 
his road district, and every Street Commissioner in any 
incorporated Village, to seize and take into his posses- 
sion any animal so at large. Laws 1872, ch. 776. 
Penalty payable to Overseer of Poor for every 

horse, swine or cattle, 5.00 

sheep or goat, 1.00 

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 {Laws of 
1869, cA. 424, §2), 20.00 

The costs of proceedings under this statute are the 
same as allowed in civil actions with the following ad- 
ditions : 
To the party or officer making such seizure, for 

every horse or colt, each, 1.00 

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- 
ble compensation for care and keeping. Laws 1867, 
ch. 814, § 3. 

See "Acknowledgment," " Clerk," "Justice of the Peace." 

To Justice of the Peace for return to any writ of 
Certiorari to be paid by the County {Laws of 

1866, ch. 692, § 4), 2.00 

See " Sheriffs," "Constables," and " Attorneys." 


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 B. S., 224, § 20) 06 

Are entitled to a reasonable compensation for their 

services to be fixed by the Board. 1 B. S., 858, § 51. 

For a certified copy of every account on file in 
his oflice, for every folio of 128 words (1 M.S., 
859, § 58) , 06 

Shall receive for each day's service performed by 
each (Laws o/1870, ch. 242, § 2), 2.00 


(Appointed by Surrogate). 
Is authorized to collect and secure the debts and 
personal estate of a deceased person, at such reasonable 
expense as the Surrogate may allow. 3 Ii.S., 161, § 39. 


{Of Taxes). 

For collecting and receiving taxes within 
thirty days frona posting notices required 
by law, when the aggregate amount to be 
collected by warrants when put into their 
hands exceeds $2,000 (1 B. S., 917, §1), 1 per ct. 

When the amount does not exceed $2,000 

{Same, 918, §2); 2 per ct. 

For all taxes collected after the expiration of 

said thirty days, , 6 per ct. 

For all Unpaid taxes returned to County 
Treasurer to be paid by said County Treas- 
urer (/Same § 4), 2 per ct. 

{Of School nistrict). 

For all taxes voluntarily paid within two 

weeks, 1 per ct. 

For all sums collected after the expiration of 

two weeks, 6 per ct. 

In case of levy and sale, travel fees per mile 

fromSchoolH:ou8e(iaM)sl864,p. 1264,§84), .10 

In Towns to be elected at town meeting. In Cities 

three persons appointed by the Mayor and Board of 


In Towns each member is entitled per day to 

(Z,awsl874,cA. 444, § 1), 3.00 

In Cities each is entitled to a salary not ex- 
ceeding {Laws of 1870, ch. 175, §§ 2 and 7), 2500.00 


For each day actually and necessarily spent 
in the discharge of official duty {Laws of 
1870, cA. 242, § 1), 2.00 


May retain out of the interest of the moneys com- 
mitted to their charge, respectively, jin each and every 
year after the following rates : 

Upon 125,000 or a less sum, |of Iperct. 

Upon the further sum of $25,000 or less, J of 1 per ct. 
Wherethewholesumshallexceed$50.000, ^ of 1 per ct. 
Except in County of N. Y., in which 
County upon all sums exceeding $50,000 
(1 i2.&, 695, § 20), iof Iperct. 

(Tb make Partition or Admeasure Dower), 
For each day's actual and necessary service, 

each (3 B. S., 922, §26), 2.00 

Services in Civil Actions : 

For serving summons, 25 

For serving warrant, 25 

For copy of summons on request of defendant 

or left at his residence in his absence, 15 

For serving an aWacAmeni, 75 

Copy of attachment and inventory left at the last 

place of residence of defendant, 75 

For serving an execution for every dollar col- 
lected, to the amount of $50, 05 

For every dollar collected over $50, 02J 

For attending before another justice when ori- 
ginal justice a witness {Laws 1875, eh. 334), 1.00 


For notiiyingplaintiff of service of loarrani 25 

For subpoenaing witnesses, uot exceeding four, 25 

¥ or summoning a Jury, 75 

For summoning Jury to assess damages in pro- 
ceedings relative to highways, 2.00 

For serving affidavit, notice and summons \i\ pro- 
ceedings to recover possession of personal 

property, 50 

For a copy of such affidavit, notice and summons, 50 

For taking charge of a Jury, " go 

For every mile traveled to serve summons, war- 
rant, attachment or execution (in case no affida- 
vit is made that the officer had no other 
official or private business) going only, the 
distance to be computed from the place of 
abode of the defendant, or where he shall be 
found, to where the precept is returnable 
{Laws 1866, ch. 692, § 6, amended 1869, ch. 820), .10 
For every mile traveled going and returning to 
serve summons, warrant, attachment or execution 
(in case affidavit is made that the officer had 
no other private or official business and that 
the number of miles charged were actually 
and necessarily traveled on the one process) 

{Laws 1869, ch. 820, §§ 1, 2), 10 

For every mile traveled, going only, in notifying 
plaintiff of the service of a warrant (in case no 
affidavit is made as in case of summons, etc.), .10 
Id case such affidavit is made for each mile 
traveled, going and returning. {Same), 10 

In Special Proceedings. 

For serving a summons,.. 25 

For serving a warrant, 50 

For arresting and committing any person pur- 
suant to process, 1.00 

Every mile traveled going and returning (in case 
proof is made as in civil cases), 10 


In case no such proof is made for each mile 
traveled, going only {Laws 1866, ch. 692, § 7, as 

amended, 1869, ch. b20) 10 

For summoning a Jury in case of the laying out or 
altering a roud for summoning each Juror to 

be paid by the applicant, 10 

For each mile actually and necessarily traveled in 
summoning such Jury [Laws 1873, ch. 315, § 6), .10 
Advertising any property distrained for doing da- 
mage or levying a fine, penalty or sum pursuant to any 
warrant, the same fees as are allowed for similar 
services ou executions from Justices' Courts. 3 R. S., 
927, § 39. 

In Criminal Cases : 
For serving a warrant iu a Criminal Case (if an 

arrest is made (iDmo, 658), 75 

For every mile traveled (if an arrest is made) 

going and retunnng [Ijuios 1S7 7, ch. 89), 10 

For taking defendant into custody on a Mittimus, .25 

Mileage same as for warrant, each mile, 10 

For talcing charge of a Jury, 50 

For allmdlng court pursuant to notice from She- 

rifi', for each day, 2.00 

For each mile traveled in going to and return- 
ing from such court payable by County Treas- 
urer on Clerk's certificate (Z/au;sl869,eA. 820), .05 

For serving a Subpoena for each witness 25 

Mileage on distance actually and necessarily tra- 
veled, going and returning, to serve subpoena on 
all the witnesses and not separate mileage for 
each witness for each mile (3 R. S., 1046, §4), .05 

i^otifying complainant, 25 

Mileage going and returning, 05 

Keeping prisoner per day (Laws 1877, ch. 89), 1.00 

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. S R. S., 1047, § 4. 

For other services in Criminal Cases; for which no 
compensation is specially provided by law, such sum 
as the Board of Supervisors of tlie County shall allow. 
3 i?. S., 1047, § 4. 

In all cases in which a specific compensation for any 
service is not provided by law, the officer or person 
presenting an account therefor shall also exhibit in 
writing a just and true statement of the time actually 
and necessarily devoted to the performance of such ser- 
vices. 1 E. 8., 902, § 2. 

K"o 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 
any travel fees for subpoenaing witnesses be allowed ex- 
cept such as the Board auditing the account shall be 
satisfied were indispensably necessary. 1 B. S., 856, 

{Compensation a County Charge). 
Mileage to the place of inquest and return, per 

mile, 10 

Summoning and attendance upon Jury, 3.00 

Viewing body, 5.00 

Service of subpoena, per mile traveled, 10 

Swearing each witness, 15 

Drawing inquisition for Jurors to sign, 1.00 

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, 1.00 

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, 10 

For taking ante-mortem statement per day, and 
fractional parts thereof, 3.00 

Mileage to and from the place, per mile, 10 

For taking depositions of injured person in ex- 
tremis, 1.00 

Have power to employ two surgeons the compensation 

therefor to be a county charge. 

When, in consequence of the performance of offi- 
cial duties, he becomes a witness in a criminal 
proceeding he shall be entitled to receive mile- 
age to and from place of residence, per mile, ... .10 

For 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 official duties as shall be allowed by the 
Board of Supervisors. Tjaws 1873, ch. 833, as 
amended Laws 1874, ch. 536. 

For confining Sheriff m any house on Civil process 
for each week, to be paid by Sheriff, before he 
shall be entitled to be discharged from such 

confinement (3 R.S., 927, §38), 2.00 

Before auditing accounts of Coroners, Supervisors 

to require a written statement under oath, containing 

COSTS. 23 

an inventory of articles found with or upon all persona 
upon .whom inquests have been held. 3 R.S., 1037, §12. 

{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 

For all proceedings a/itcr nofeeof and before trial, 15.00 

For each additional defendant served with process, 
not exceeding ten, 2.00 

And for each necessary defendant in excess of 
that number served with process, 1.00 

To the defendant for all proceedings before notice 
of trial, 10.00 

And for all proceedings after notice of and before 
trial, 15.00 

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, 10.00 

For drsming interrogatories to annex to a commis- 
sion for taking testimony 10.00 

For attending the examination of a party before 
trial, 10.00 

For making and serving a case or case containing 
exceptions, 20.00 

Except that where the case shall necessarily con- 
tain more than 50 folios there shall be allowed, 
in addition thereto, 10.00 


For making and serving amendments thereto,... 10.00 
To the plaintiff' {or the appointment of a guardian 

of an infant defendant, 10.00 

N"o more shall be allowed for the appointment 

of guardians in any one action than, 10.00 

To the p/amtt^for procuring an order of injunction, 10.00 
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, 10.00 

To either party on appeal, except in Court of Ap- 
peals and except appeals from certain orders, 

before argument, 20.00 

For argument, 40.00 

Before argument on application for judgment up- 
on Special Verdict, or upon verdict subject to 
opinion of the Court, or for new trial on case 
made and in cases where exceptions are ordered 
to be heard in the first instance at a General 

Term, 20.00 

For argument m 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,... lOperct. 
For preparing and serving a case or case con- 
taining exceptions in appeals to Court of Ap- 
peals, 20.00 

For every Circuit or Term not exceeding-five Cir- 
cuits, five Speciafand five General Terms, at 
which the cause is necessarily on the Calendar, 
a^d 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 (Cbde§ 307), 10.00 


In addition to these allowances there shall 
be allowed to the plaintiff ut[iou the recovery 
of ajudgment by him, in any action for the 
partition of real property, or for the fore- 
closure 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 proceedings 
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 sumof 5 per ct. 

And for any additional amount, not ex- 
ceeding $1,000 an additional sum of. 2 per ct. 

If actions above named be settled before judgment 
tberein like allowances upon amount paid or secured at 
one-half rates above specified. Code, § 308. 

In difficult and extraordinary cases, where a de- 
fense has been interposed, or trial had, and 
in proceedings for the^arfe'/zonof real estate 
the court may in its discretion make further 
allowance to any party not exceeding, 5 per ct. 

And in an action for the foreclosure of amort- 
gage, the-court may make a like allowance 
not exceeding {Code, §309), 2J per ct 

The Clerk shall receive. 
On every trial, from party bringing it on, 1.00 

On entering judgment by filing transcript, .06 

On entering judgment, .50 

Except where the clerks are salaried 

officers, then, 1.00 

Copies of papers, per folio, .05 

iZe/erees' fees, for each day, 3.00 

On application to court or referees to postpone 

atrialjnotexceedingjbesideswitnesses'fees, 10.00 


Costs on a motion in discretion of the court or 
judge not exeeeding(Cbtie,§§312,313,314, 315), 10.00^ 
See" Appeals {To County Court)." 
See " Justices of the Peace." 

Costs on entry of judgment by confession in Su- 
preme Court together with disbursements 
[Code, §384), *. 5.00 

Costs in proceedings supplementary to execution may 
be allowed to the judgment creditor, or to any 
party examined, in addition to disbursements, 

not exceeding (Corfe, §301), 30.00 

In all civil actions prosecuted in the name oi the people, 

by an officer duly authorized, the people are liable 

for costs the same as private parties. ( Code, § 319). 

{In Justices' Court). 
Judgment in this Court is rendered with costs of 


The whole amount of costs to be included in 

judgment is in most cases limited to 5.00 

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 : 

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 ex- 
ceeding {Laws 1866, ch. 692, § 2), 10.00 

COSTS. 27 

For the items of these costs see ch. 692, Laws of 
1866, and also " Constables," " Jurors," and " Justices of 
the Peace." 

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 
publw officers for any acts done by virtue of their ofB.ce, 
or for any omission to do any act, which it was ttieir 
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. 3 B. S., 908, § 4. 


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), 2.00 

County Clerk, 

For attendance, 2.00 

For drawing necessary certificates of the result of 

the canvass, per folio, 18 

For each copy, perfolio, .09 

For recording such certificates per folio (8 R. S., 

918. 2 B. S., 636, 1st ed.), ' .10 


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 sevei-al 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 
subposnas 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 
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 Oflicer, 
in executing the duties of his office, in cases in 
which no specific compensation for such services is 
provided by law. 

The accounts of County Clerks for services and expenses 
under the 6th chapter of Part first of the Revised 

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 Mouses and of indigent persons whoso 
support is chargeable to the County. 


The moneys necessarily expended in repairing the 
(Jourt House and JaUs. 

The sums required- to pay bounties allowed by law 
for the destruction of woloes 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. 1 R. S., 902-3. 

The accounts of Sheriffs, for paying Clerks for drawing 
Grand Juries and attending the drawing of Grand 
Juries and for summoning Constables to attend 
Courts. 1 R. 5., 903, § 3. 

The necessary expense incurred in keeping in repair 
and in condition for use the Court Rooms or the pro- 
perty of the County. 23 Barb., 349. 

The expense of Printing Calendars of causes for Courts 
of Record. Laws 1862, ch. 86. 

Services of a Medical man rendered by order of the Dis- 
trict Attorney, in making a chemical examination 
in a case of alleged poisoning. 30 How., 173. 

Expense incurred by Officers in insuring County 
Buildings. " Laws 1847, ch. 294. 

Damages occasioned by Mobs or riot to be recovered 
by action and not by audit. Laws 1855, ch. 428. 

Services rendered as Counsel for the Board of Super- 
visors. 10 N. Y., 260. 

Services of Counsel employed by District Attorney. 
Laws 1872, ch. 733, 

The expense of supporting indigent Lunatics at the State 
Lunatic Asylum or at the Wil lard Asylum in the first 
instance, is to be paid by the County, which may re- 
quire the individual, C?/{/ or lownth&t ia legally liable 
for the support of such Lunatics, to reimburse the 
amountof bills paid with interest. 2 R.S., 894^6, §§ 53, 
54, Laws 1874, ch. 446, title 3, § 31 and title 4, § 6. 


In like manner the expense of clothing and maintain- 
ing indigent Inebriates at the State Inebriate Asylum, 
with the same power to require any city or town to 
reimburse the amount paid. Laws 1873, eh. 625, § 20. 

The sum of $20, annually for purpose of furnishing 
suitable clothing for each pupil selected and received 
into the State Asylum for Idiots. Laws 1862, ch. 220, §17. 

The sum of $20 annually to furnish suitable clothing 
for every indigent blind person, whose parents or 
guardians are unable, sent and received into the Kew 
York Institution for the Blind. 2 R.8., 374, § 7. 

The expenses of providing courts appointed to be held 
in the county with room, attendants, fuel, lights, and 

; Stationery sufficient for the ti-ansaetion of their busi- 
ness. Code, § 28. 

The expense of providing the Surrogates' Court with 
room, fuel, lights, and stationery is a County charge. 
Laws 1867, eh. 782, § 10. 

The compensation of Surrogates Clerk. Laws '1870, 
ch. 467, § 4, 
See " Constables," " District Attorney," " Justices of the 

Peace," " School Commissioners," " Sheriff's," " Stenogra- 
phers," and " Town Charges." 

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 Secre- 
taries of the Board of County Canvassers of their re- 
spective Counties. 

For searching the records in his office, or the 
records of mortgages deposited in his office 
by loan officers or commissioners of loans, or 

the docket of judgments for each year, 05 

For searching and certifying the title of and in- 
cumbrances upon the real estate, for each con- 
veyance and incumbrance certified by him, .. .10 


Such fees shall in no case amount to less than 50 
cents ; nor more than $5. 

Recording conveyances of real estate and all 
other instruments which hy law may be re- 
corded, for each folio, 10 

Filing every certificate of the satisfaction of a 

mortgage and entering such satisfaction, 25 

Eiiteringa minute of a mortgage hemg foreclosed, .10 
Entering in a book the bond of. every collector, .12^ 

Searching for 6\xc\i bond, 06 

Entering satisfaction thereof, 12^ 

Receiving and filing every paper deposited with 

him for safe keeping, 03 

Searching for every paper on request for each paper 

examined, '.. .03 

Receiving and filing the papers of any insolvent, 
or relating to the proceedings against any 
absent, concealed, absconding or imprisoned 
debtor, in each case, 12J 

Such papers not to be charged as having been 

separately filed. 

Searching for such papers, for each year, 06 

For determining and certifying the sufficiency 
of the sureties oi &nj sheriff , 60 

For every report upon the title of parties in parti- 
tion, pursuant to a reference for that pur- 
pose, 1.00 

For every report respecting the incumbrances 
upon the estate or interest of any party in 
partition pursuant to a rule or order for that 
purpose, 1.00 

For investing the proceeds of the sale of any estate 
under proceedings in partition pursuant to the 
order of the Court, upon any sum not exceed- 
ing $200, iper ct. 

For any excess, iper ct. 


For receiving the interest on such investment and 

paying over the same to the persons entitled, J 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 noftce to the Governor of persons who 
have taken the oatE of office, for each name 
(paid by State, 1 R, S., 868, § 118), 03 

For giving such notice of persons who have neg- 
lected to take the oath 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 (paid by State), 06 

Notifying every person appointed to office (paid 
by State) (liiJ.S., 868, §118), 25 

And all expenses actually and necessarily in- 
curred by liim in the giving any notice, which 
the Comptroller shall deem reasonable. 

For searching for a bail piece and annexing it to 

the recognizance roll, 12J 

For recording every certificate of incorporation, 

authorized by law to be recorded, 75 

For entering in the Minutes of the Court a 

license to keep & ferry, and for a copy thereof, 1.00 

For taking and entering a recognizance from any 

person authorized to keep a ferry, 25 

Entering satisfaction of a judgment when actually 

done, 12J 

For all services upon the first application of an 
alien in cases o^ naturalization, including oath, 
the record, and a certificate thereof delivered 
to such alien, 20 


For all services upon the completion of tlie 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, 50 

For taxation of fees claimed by any clerk when 
required by party, his Agent or Attorney (3 
M. ,S., 917, §§ 17, 18, 21), 50 

For entering judgment ia civil action, 50 

Except where Clerks are Salaried Officers 

and in such Courts, 1.00 

For trial fee in action to be paid by the party 
bringing it on, 1.00 

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 (Codle, § 312), 05 

Filing each Chattel Mortgage or coy>j, 06 

For searching for each such paper, 06 

For certified copies of such instruments or copies{o].{3Ii.S.,223,^U.2R.S.,638,lsted.), .08 

For entering the facts required by law in books 
in which Chattel Mortgages shall be entered, 
for each mortgage (3 B. S., 224, § 20), 06 

For filing notice of Mechanics' lien and entering 
particulars in Lien Docket {Laws 1869, ch. 
558, § 2), .10 

For administering an oath or affirmation, in 
cases where no fee ia specially provided by 
law and certifying the same when required 
(3 E. S., 915, § 10), 12J 

For recording and indexing any notice of the 
pendency of aclwn for every one hundred 
words thereof {Laws 1864, ch. 53, § 4), 10 

For cancelling of record such notice on order of 
the Court {Chde, § 132), 25 

Sealing every writ, exemplification or certificate, .12|r 


For every certificate, but not to be allowed for 
certifying any paper for the copying of which 
he shall be paid (2 R. S., 668, § 30, 1st ed.), .12J 

Copies and exemplifications, of records and pro- 
ceedings on file, furnished upon request, ex- 
cept papers in civil actions. Chattel Mort- 
gages, and proceedings in Courts of Oyer and 
Terminer and in Courts of Sessions, each folio 
(2 R. S., 638, 1st ed. as modified by ch. 386, 
Laws 1840, § 5, and § 312 of the Code), 06 

For Services as Clerks of Courts of Oyer and 
Terminer and Sessions : 

iSweam^ a witness, 06 

Entering or respiting a recognizance, 12^ 

Calling and swearing a Jwr^, 19 

Entering a sentence in the minutes kept by him, .12J 

For every certified co2?j/ thereof, 12| 

For a transcript thereoffor the Secretary of State, .12| 
Copies of records, indictments and other pro- 
ceedings for each folio (3 R. S., 1047, 
§5. 2 R. S., 6S8, 1st ed.), 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 infor- 
mation concerning Convicts. 1 R. S., 858, § 49. 

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; 1 R. S., 374, § 13. 

Salaries of County Judges and Surrogates are fixed 
by Legislature payable out of County Treasuries. Art. 
6, § 15, Constitution. 


Herkimer County Judge and Surrogate 

salary (Lawsl872, ch. 767, § 3), 3000.00 

For salaries of County Judges in other Counties see 
same chapter as amended by ch. 515, Laivs 1873. 

Shall not receive to his own use any fees or perquisites 
of office. Art. 6, § 21, Constitution. 

Not to take any fees for services except for such as 
may be rendered by Justices of the Peace or Commis- 
sioners of Deeds. 3 E. S., 913, § 3. 
Fees for such services same as allowed to Justices 

of the Peace. Same, §2. Imws 1857, oA. 564. 

See ^^Acknowledgments" "Affidavits," and ^^ Justices of 
the Peace." 

County Officers to pay all sums received for fees, after 
deducting their salaries, to County Treasurer. 2 R. S., 
904, § 8. 

A County Judge of one County holding a 
County Court or presiding at a Court oi 
Sessions of another County shall be paid for 
his expenses by the County Treasurer of 
such other County per day the sum of 6.00 

Such compensation to be paid only in case of sickness 
or disability of the County Judge of the County in which 
such Court is held. Laws 1872, ch. 767, § 5, as amended 
Laws 1874, ch. 64. 


They shall be allowed such sum for their actual at- 
tendance and services as the Board of Supervisors of 
their County shall deem reasonable. 2 R.S., 84l, §30. 

In HerUmer Comity 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 is appointed. 2 R.8., 863, §130. 


Compensation fixed by Board of Supervisors, not 

exceeding, on all moneys belonging to his County. 

For receiving, J per ct. 

For disbursing, J per ct. 

In addition to the compensation fixed by the 
Board of Supervisors, as aforesaid, he is en- 
titled to retain a Commission on every dol- 
lar belonging to the State, 1 per ct. 

To wit f per cent for receiving and ^ per cent for 
disbursing : 

But in no case to exceed the sum of [Laws 

1871, cA. 110, §1), 500.00 

Under the provision of the act respecting 
funds and securities held by them by order 
of the Court or from the Clerks of the Court 
of Appeals the County Treasurer is enti- 
tled to a commission on every dollar re- 
ceived of, i per ct. 

On every dollar paid out.(3 R.S., 290, § 47),.. i per ct. 

For acting as Administrator in cases provided 
by statute he shall be allowed for his ex- 
penses as other Administrators and for his 
services double the commissions allowed 

them by law. 3 B.S., 218, § 71 

Treasurers hereafter elected salary fixed by Board 

of Supervisors {Lmos 1877, ch. 436). 

Appointed by County Judge, paid the same com- 
pensation and in the same manner as Justices of the 
Sessions. Laws 1866, ch. 588. 


Justices of Sessions receive for each day's attend- 
ance at any Court of Sessions or Oyer and 
Terminer, 3.00 

For traveling expenses coming and returning 
from said courts per mile (Laws 1859, ch. 496), .05 

See " Acknowledgments" and " Gounty Clerks." 


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 the bffice, his deputy 
may perform all such duties except deciding hpon 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. 1 B.S., 867, §§ 
111, 112. 

His compensation is fixed and paid by the Clerk, ex- 
cept vphen the office is vacant and then the same as the 
Clerk. See " County Clerks." 

Appointed by the Sheriff. His fees are fixed and 
paid by the Sheriff. 1 E. S., 877, § 168. Crocker on 
Sheriffs, p. 14, § 21. See « Sheriffs." 


May appoint an assistant in Counties having, at the 
last census, a population exceeding 70,000 when au- 
thorized by the Supervisors. The compensation of the 
assistant shall be determined by the Board of Super- 
visors. Laws 1872, ch. 587, §§ 1 and 3, 

May, with the approval in writing of the County 
Judge of the County in which an important Oriminai 


case is to be tried, employ counsel to assist him in such 
trial, the cost and expense thereof to be certified bj' the . 
Judge presiding at the trial, shall be a charge upon, 
and paid by the County. Laws 1872, ch. 733, p. 1758 

The Board of Supervisors of any County may de- 
'termine the ofiice of District Attorney to be a Salaried 
OfBce, fix the amount of compensation and such salary 
shall not be diminished during the term the District 
Attorney has been or may be elected. Laios 1852, ch. 
804, § 1, as amended by Laws 1870, ch. 752. 

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., 10i7, 1048. 
In Herkimer County the salary is {See printed 

Proceedings of Board, 1871, T^. 12), 800.00 

When acting as Surrogate the District Attorney is 
entitled to same compensation pro rata as the Surrogate. 
Laws 1871, ch. 859, § 8. 

See " County Charges." 


In all Counties, except New York, there shall 
be annually levied and collected the follow- 
ing 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 person or 
family (2-R. S., 974, § 1, as amended by Laws 
1862, cA. 244, §1), 2.00 

Each Collector is allowed to retain a com- 
mission on dog tax collected of lOper 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 
1862, ch. 244, § 4), 1.00 


See " Commissioners {to Tnake pariiiion,etc.)," "Surveyors." 

See "Commissioners of Excise, ""Sheriffs," "Constables," 
"Justices of the Peace." 


Fee of Justices of the Peace for issuing, .25 

Fee of Constable for serving, for collecting |50 

orless, 5per ct. 

For every dollar collected over $50, .02J 

And mileage, if no affidavit made, for going 

only, per mile, .10 

If affidavit made for every mile going and 

returning, .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 and searching for property 

{Laws 1871, ch. 415, § 1), 50 

For returning execution (3 B. S., 924, § 33), .12J 
For serving execution issued by County Clerks on Jus- 
tice's Judgments the same fees, as are allowed to Con- 
stables in like cases. 3 E. S., 452, § 152. 
The law allowing fees to Clerks for issuing executions 
on judgments entered by filing transcripts of judgments 
entered by Justices of the Peace, is probably repealed 
by ade, § 312. See "Sheriffs." 



Are entitled to same compensation as Administrators, 
which see. 


The fees of Justices of the Peace, Constables and She- 
riffs in the County of Herkimer in cases of complaint and 
prosecution for obtaining property by means of false 
pretenses, are not chargeable to Town or County until 
after conviction and a record thereof duly filed. The 
complainant is liable for such fees and after conviction 
the fees so paid are a valid charge against the County. 
Laws 1862, eh. 215, § 1. 

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. 1 Ji. S., 902, § 3. 
Same, 855-6, § 39. 

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. 1 
B. S., 817, §§ 8 and 9. 

For services in examining and certifying in relation 
to sheep killed or injured by dogs, such compensation 
as may have been fixed by Town Meeting. 

If no such action has been taken such sum as ma^' be 
allowed 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, 
Imws of 1864, applicable to such Counties. Laws of 
1864, ch. 197, §§ 3 and 4. 


Said act has been made applicable to Herkimer County. 
See Proceedings of Supervisors, 1870, p. 17. 
For services in relation to division fences for each 

day each Fence Viewer is entitled to, 1.50 

To be paid by the parties interested in the division 
fence. The proportion to be paid bj' each to be deter- 
mined by the Fence Viewers. Laws 1866, eh. 540, § 43. 
For services in relation to floating timber, etc., the com- 
pensation of the Fence Viewers to he, paid by the 
owner of the lumber, no fees prescribed by statute. 
2 R S., 970, § 2. 
For services in relation to strai/s 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 
(1 E. S., 831, §§ 22, 23), 06 

See" Chattel Mortgages," " County Clerks," "Justices of 
the Peace" and " Town Clerks." 


See " 'Mortgage Foreclosure." 


To be elected at Town Meeting when such election 
is authorized by the Board of Supervisors. 

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 
1872, ch. 595. 

"Whenever any Game Constable shall fail to recover 
the penalty in any prosecution commenced under § 1, 
Laws of 1872, the costs of suit incurred by him shall 
be a charge against the County. Same. 


S&e" Jurors." 


Guardians shall be allowed for their reasonable ex- 
penses and the same rate of compensation for their ser- 
vices as is provided by law for Executors. 3 U.S., 
246, § 22. 

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 perct. 

2. For receiving and paying out any sums ex- 
ceeding $1,000 and not amounting to |5,000 

at the rate of, 2^ perct. 

3. Forallsumsabove$5,000(3iZ.-S'.,180, §64), 1 per ct. 

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, 1.00 

For each officer per day (1 R.S., 749, § 78) £.00 

To be paid by the County. 1 U.S., 750, § 83. 

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. 2 R. S., 902, § 10. SB S 
135, § 7. 

May be commuted for by any person other than 
an overseer at the rate per day of (Laws 1866, 
cA. 180), .'log 


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 impartial trial in the County in 
which the venue was originally laid shall be a charge 
upon the County from which the same was transferred. 
1 B. S., 950, § 17. 

The expense of clothing and maintaining in the In- 
ebriate Asylum, a patient sent upon the order of a 
County Judge, shall be paid by the County from which 
he is sent, which has the power to require the Town or 
City legally liable to support such patient, to reimburse 
the amount of said expense with interest. Laws 1873, 
ch. 625, § 20. 


See " Coroners." 

See " County Charges." 

For each day's service performed by each {Laws 
1870, ck 242, § 2), 2.00 

See "Appraisers," "Attachment," "Constables," and 

Sherifi"to have custody of, and may appoint keepers 
of Jails and Prisons for whose acts he shall bo responsi- 
ble. 1 E. S., 878, § 170. 

^QQ " Sheriffs." 



Justices of the Peace for entering, 25 

Justices of the Peace for transcript of, 25 

County Clerk for entering, 50 

County Glerk for entering by filing transcript, .06 

County Clerk for entering satisfaction of, 12J 

See " County Clerk," "Justices of the Peace." 

{In Courts of Record). 
Grand Jurors 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 may be empanneled (to be paid by 

parties) (3 R. S., 922, § 27), 25 

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 tootherfeeswhichthey may receive; 
and also for traveling in coming to and return- 
ing from such Courts not exceeding per mile 

{Laws 186Q, ah. 807) 05 

In Herkimer County instead of the compensation 
including trial fees every Grand and Petit 

Juror is allowed per day, 2.00 

Travel fees going and returning each mile {Laws 
1859, ch. 399, as modified by Laws 1866, ch. 307. 
See Proceedings of the Board of Supervisors, 1869, 

p. 14) 05 

If trial protracted over 30 days such extra com- 
pensation as Board of Supervisors may allow. Laws 
1875, ch. 335. 


{In Justices' Courts). 
For attending to serve as Juror although not 

sworn, 10 

For attending and trying a cause (Laws 1866, 

cA. 692, §9), " 25 

In Courts of Special Sessions (3 R. S., 1011, § 66), no fees. 

Jurors drawn by Town Clerk to examine in re- 
lation to the laying, out or altering a highway, each 
for his services entitled to be paid by the ap- 
plicant {Laws 1877, ch. 465, § 1), L60 

Jurors drawn by Town Clerk to reassess damages tor 

Ikying out a highway. 

If drawn from an adjoining Town and shall at- 
tend but not serve, each, .50 

If they serve, then, 1.00 

If from, the same Town and shall attend and not 
serve, 25 

If they shall serve,, then (2 E. S., 399, §9.0), 50 

To each Juror sworn before any officer in any 
special proceeding allowed by law or before any 
Sheriff upon any writ of inquiry or to try any 
claim to personal property (8 E. S., 923, § 27), .12^ 

In proceedings for draining swamps if Jurors at- 
tend and sign inquisition (3 E. S., 864, § 11), .50 


FoK Services in Civil Cases : 

For a summons, 25cts. A warrant, 25 

Attachment, 25 

Transcript of Judgment, .25 

Adjournment, 25 

Subpoena including all names inserted therein,.. .25 
Order of removal when justice a material witness, 

Laws 1875, ch. 334, 25 


Administering an oath 10 

Filing every paper necessary to be filed, 05 

Swearing a Jury, 25 

Swearing a Constable to .attend a Jury 10 

Trial of an issue of fact in case of no appearance 

by the defendant, 25 

And in case of appearance and answer, 75 

Entering _/MC(^men<,^ 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 
Indorsinganywarrant issued from another county, .25 
Summons for any offense relating to the internal 
police of the State, or in case of any special 
proceedings to recover the possession of land or 

otherwise, 25 

For drawing a record of conviction for contempt 

and other special cases, hO 

For an execution upon any such conviction, 25 

Warrant oi commitment for any cause, 25 

For a precept to summon a Jury in special cases,.. ,50 

Swearing such Jury, 25 

Hearing the matter concerning which such Jury 

is summoned, 50 

Receiving and entering the verdict of such Jury, .25 
For a view of premises alleged to be deserted,... .50 


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, ■. 50 

Indorsement on affidavit in an action to recover , 

the possession of personal property, 25 

For Services in Criminal Cases. 

For administering an oath, 10 

Warrant (but no Justice of the Peace shall be 
obliged to issue a warrant on any complaint for 
assault and battery, unless the person making 

the complaint shall pay the fee therefor), 25 

A bond or recognizance, 25 

Subfcena including all names inserted therein,... .25 

Commitment iov V7&nt oi \>a.\\, 25 

An examination of the accused where such ex- 
amination is required by law for each day 

necessarily spent, 1.00 

Every necessary adjournment of the hearing or 
examination, ■. 25 

Fees of Courts of Special Sessions. 

For venire, 25 

Sioearing each witness on trial, 10 

Swearing a Jury, 25 

Swearing ConstaJZe to attend Jury, 10 

Subpoena, including all names inserted therein, .. .25 
For trial fee per day during the actual and neces- 
sary continuance of the trial, , 1.00 

Receiving and entering verdict of Jury, 25 

Entering sentence of the Court, .25 

Warrant oi commitment on sentence, 25 


For record of conviction and filing the same, 75 

But all such charges in any one case, unless the 
Court continue more than one day, shall not 
exceed, 5.00 

In 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 cases of bastardy for each day actually 
and necessarily spent {Laws 1866, cA. 692), 2.00 

For swearing Jury in case of an application to lay 
out or alter a Highway {Laws 1873, eh. 315, § 4), 2.00 

Warrant to put landlord in possession of land in 
summary proceedings (3 R. S., 915, § 9), 37J 

For services in a proceeding for draining swamps 
for all services therein (3 B. S., 864, § 11), 1.00 

For each days' service performed for the Town 
except as Commissioner of Excise {Laws 1870, 
ch. 242, § 2), 2.00 

For services as Commissioner of Excise for each 
day {Laws 1870, ch. 175, §7), 3.00 

For Services as Justice op Sessions. 

For each day, 3.00 

Mileage going and returning per mile {Laws 

1859, ch. 496), 05 

See "Acknowledgments " "Affidavits." 


The fees in Summary Proceedings to recover pos- 
Bcssion of land are the same as allowed in Civil Actions, 
and limited in like manner, 3 B. S., 840, § 51. 

See " Attachment " and " Execution." 


To sell strong and spirituous liquors in quantities 
less than 5 gallons, in Towns and Villages, in the 
discretion of the Board of Excise, not less than 30.00 

N"or more than 150.00 

In Oitks, not less than 30.00 

For more th&n{Laws 1873, ch. 549, § 2), 250.60 

To sell ale or beer in the discretion of the Board 
of excise, not less than (Xaws 1869, ch. 856, § 4), lO.OO 

See ^'■Commissioners of Loans." 


For fees of officers in proceedings for the confinement 
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 Ziunatics, Idiots 
and Habitual Drunkards are the same as allowed for 
similar services in civil actions. Laws 1854, eh. 270, § 3. 

See "Costs," and 2 Van Santvoord's Equity Pr., p. 372, 

Commissioners for every day necessarily employed in 
hearing testimony and taking inquisition an allowance 
to be fixed by the Court. Supreme Court Rule, 86. 

Costs in actions o? Mandamus are not affected by the 
fee bills of 1840, or the Code and are still to be taxed 
under the fee bill contained in the Revised Statutes. 
Code, §471; 28 Mow., 159. 




For each day actually and necessarily employed, 2.00 

To be audited and allowed by the Board of Super- 
visors. IB.S., 875, § 19. 

To a County Clerk for filing lien {Laws 1869, ch, 

558, § 2), 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, 
nh. 489 § 18. 

See " Costs," "Justices of the Peace." 

In cases 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 Tper day, 1.00 

To each Non- Commissioned Officer and Musician 

per day, 1.25 

To all Commissioned Officers the same compensa- 
tion as is paid to officers in the service of 
the United States, together with necessary 
rations and forage and for each horse of any 
mounted man {Laws 1870, ch. 80, § 247, and § 
177. iaws 1845, c/i. 69, § 21), 1.00 

See "Acknowledgments" and " County Clerks" 


By Action. 

See « Cost%." 

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 cop]/, per folio, 12| 

For serving each copy of the notice of sale re- 
quired by law to be served, 1.00 

For superintending sale and attending to the execu- 
tion of the necessary papers, 10.00 

For publishing advertisement, per folio. 

First insertion, 75 

Each subsequent insertion, not exceeding 23 

weeks, 50 

Posting advertisements and inspecting same not 

exceeding, 1.00 

according necessary affidavits, per folio, 10 

Acknowledging deed for one person, 25 

Each additional person, 12J 

Oath to each affidavit taken before Justice, 10 

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 fee for searches the sums actually- 
paid. 3 jR. S., 982. Crary's Pr. Sp. Proceedings, 77, 78, 
and 504. Laws of 1869, ch. 831. 

See" Acknowledgments," ^^ Affidavits," " County Clerks." 


See " County Clerk." 


For the protest for the non-payment of any bill or 
note, or for the non-acceptance of any bill of 
exchange, check or draft and giving the requi- 
site notices and certificates of such protest in- 
ciuding seal, not exceeding, for such protest,.. .75 
And for each notice not exceeding 5 {Laws 1865, 

ch. 356), 10 

For administering an oath (3 Ji. S., 915), 12J 

For taking an acknowledgment of one person, 26 

For each additional person, 12J 

For Swearing each, witness (3 i?. 5., 916), 06 

For drawing and copy of any affidavit or other paper, 
except those above mentioned, for each folio. 

For drawing, 25 

For copy (3 B. S., 928) 12J 

For 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 (3 
a. S., 915, § 10, as modified by ch. 775, Laws 
1857), 12^ 

For administering oath of office to any member of the 
Legislature or to any Military or Town Officer no fees. 
3 R.S., 932, § 17. 

See '■^Justice of the Peace"'''' Acknowledgment," " County 

If 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 
day {Laws 1864, ch. 395, § 1) 1.00 



For each day's service performed (Laws 1870,ch. 

242, §2), 2.00 

III Herkimer County an annual compensation to be 

fixed each year by Board of Town Auditws, in 

any Town except German Flats not to exceed 50.00 
In German Flats not to exceed [Laws 1868, ch. 7, 

§6), 100.00 

See " Board of Alms." 


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, §§ 306, 308, 
448. Crary's Pr. Sp. Fro., 370. , 

See "Commissioners (in Partition), "Costs," and " Sur- 


When employed by Coroner to make Post Mortem. 
examinations and dissections and testify to same, their 
compensation is a County charge. Laws 1873, ch. 833, 
§ 2, 'is amended Laws 1874, ch. 535, 

In Counties having more than one Superintendent of 
the Poor, where there is a Poor House, the Superin- 
tendents appoint a Physician for the Poor House. 2 M. 
S., 843, § 39. 

And audit and settle their accounts. Same, § 35. 

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. 2 B. S., 864, § 137. 

For services in examining and certifying in reference 
to the insanity of any person such sum as may be 
allowed by the Board of Supervisors. 


For attending as a witness before Coui^y Judge, 
for each day, 50 

For each mile traveled going and returning (3 E. 

S., 922, § 24) 04 

Physician to Jail appointed by Board of 

Supervisors. 3 B. S., 728. 


For taking into the Pound and discharging there- 
from : 
Every horse, ass or mule and all neat cattle, each, .12^ 

For every sheep or lamb, 03 

For every hog (1 -R. S., 836, § 55) 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., 842, § 7), 06 


See '■^Advertisements" {legal). 

For each day actually engaged in the discharge 
of their duties, and their necessary disburse- 
ments {Laws 1869, ch. 907, § 3), 3.00 

Receivers of the property of Corporation are al- 
lowed such commission as may be fixed by the 
Court appointing them on the amount received 
and disbursed by them not exceeding {Code, 
§ 244), 5perct. 

When Receiver is appointed ex parte no fees or costs 
are allowed beyond actual disbursements, unless the 
order appointing such Receiver shall be continued. 95 
Hule of Supreme Co^rt, 1870. 

In other cases, unless otherwise ordered, the Receiver 


is entitled to the same commissions as Executors. 1 

TiUinghast and Shearman's Practice, 771. 3 R. S., 767. 

See ^^ Executors." 

To County Clerk {or entering or respiting; (3 R. S., 

1047, § 5), I2i 

To a Justice of the Peace for bond or-recognizanee 

{Laws 1866, ch. 692, § 3), 25 


See " County Clerks." 

In Civil Actions. 
For each and every day spent in the business of 
the reference, 8.00 

But parties may agree in writing upon any other rate 
of compensation, uorfe, § 313. 

On Appeal prom Determination of Commission- 
ers OF Highways. 
For each day employed in hearing and decision of 
such appeal (2 R. S., 404, § 128), 2.00 

For Location of Toll Gates of Plank Road Com- 
panies, &c. 

For each day same as in Civil Actions (2 R. S., 
604, § 117), 3.00 

In Controversies between Trustees of an Insolv- 
ent Debtor and ant Other Person. 
For each day same as in Civil Actions (3 R. S., 
119, § 26), 3.00 

In Cases of Accounts against Deceased Persons 
Same as in Civil Actions. 3 R. S., 176, § 42. 


See "Ckists (iu Civil Actions)," "Justices of the Peace," 
and ''Sheriffs." 

See "County Charges," "Militia," and "Sheriffs." 

Clerk for entering satisfaction of Judgment (3 

R. S., 918), 12J 

For filing certificate of satisfaction of a mortgage 

and enteringsuch satisfaction {3B.S., 917, § 17), .25 
Entering satisfaction of Collectors' bond (Same),... .12| 
Furnishing Certificate of satisfaction of judgment 

(3 E. S., 641, § 27), 12i 

Each School Commissioner shall receive an an- 
nual salary of, 800.00 

Payable quarterly by State Treasurer, out of the U.S. 
Deposit Fund. 

TheBoard of Supervisors shall annually allow ana 
assess upon the Towns composing his District 
to each Commissioner the sum of {Laws 1867, 
ch. 84) 200.00 

Amajorityof theSupervisors from allthe Towns com- 
posing a School Commissioner's District may adopt a 
resolution increasing the salary of their School Com- 
missioner, and when such i-esolution is adopted it is 
the duty of the Board of Supervisors to levy such in- 
crease on the Towns composing such District. Imws 
1864, p. 1217, § 8 



For sealing and marking every beam, 10 

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., 830, § 27. 

See " County Clerks." 

Is a Criminal Proceeding. 4 Denio, 260. 
See " Warrants," " Sheriffs," " Constables," and " Jus- 
tices of the Peace." 

See "Advertisements {legal)." 

In Civil Cases : 

1. For serving a summpns, or summons and com- 
plaint, or summons and notice of object of 
action, or any other paper issued in any action, 1.00 

For necessary travel to and from the place of 
service to be computed in all cases from the 
Court House, or if there are two or more Court 
Houses, from the nearest to the place of service, 
per mile {Laws 1872, ch. 26), 06 

2. For taking bond of plaintiff, defendant or other 
party, where he is authorized to take the same, .50 

3. For a certified copy of such. bond,... 25 


4. For serving an allachment for the payment, of 

money, or an execution for the collection of 

money, or a warrantior the same purpose, issued 

by the Comptroller or by any County Treasurer, 

for collecting $250 or less per dollar, 03 

For every dollar more than $i!50, 02 

For mileage on every execution, for going only, 

to be computed from Court House, per mile,. .10 

For receiving and entering such execution on their 
books and searching for property 50 

The fees allowed by law and paid by such Sheriff 
for publishing an advertisement of the sale of real estate, 
for not more than six weeks, and for continuing such 
advertisement more than six weeks, or for publishing 
the postponement of any such sale, the expense of such 
continuance of postponement shall be paid by the party 
requiring the same. 

The above fees for service of an execution shall be 
collected by virtue of such execution. But when the 
same Sheriff has several executions against the same de 
fendant, he can charge but one advertising fee, and the 
Sheriff shall elect on which execution he will receive 
the same. 

5. For drawing and executing a deed pursuant 

to a sale of real estate to be paid by the 
grantee in such deed, 2.00 

6. For serving a writ otpossession, assistance, or of 

restitution; putting any person entitled into 
possession of premises and removing the 

tenant, 1.50 

And same mileage as on service of a summons. 

7. For taking borid for liberties of the Jail 1.00 

Summoning a Jurg upon a writ of inquiry or 

in any case where it shall become necessary 
to try the title to any personal property, 
attending the Jury and making and return- 
ing the inquisition, 2.50 



For summoning a Jury in pursuance of the 
warrant or precept of Commissioners ap- 
pointed to enquire concerning the lunacy, 
idiocy or habitual drunkenness of any person 
for each Juror summoned, 25 

For attending such Jury when required, 1.00 

For summoning a Jury in any case not here- 
inbefore mentioned, 1.00, 

For attending such Jury when required, 1.00 

8. Attending before any officer with prisoner 

for the purpose of haying him surrendered 
in exoneration of his bail, or attending to re- 
ceive a prisoner so surrendered, who was 
not committed at the time, and receiving 
such prisoner into his custody ,in either case, 1.00 

9. For attending a view, per day, 2.00 

For each mile actually traveled going and 

returning, 08 

10. For serving an attachment against the pro- 
perty of a debtor under chap. 5, part 2, K. 
S. (relating to non-resident, concealed, im- 
prisoned, and insolvent debtors) or against a 
ship or vessel, under title 8, ch. 8, part 3, 
R. S., 1.00 

"With such additional compensation for his trouble 
and expenses in taking possession of and preserving the 
property attached as the officer issuing the warrant 
shall certify to be reasonable. When the property so 
attached shall afterwards be sold by the Sheriff he shall 
be entitled to the same poundage on the sum collected, 
as if the sale had been made under an execution. 
For making and returning an inventory and ap- 
praisal such compensation to the appraisers for 
each day actually emplo3'ed as the officer issu- 
ing the attachment shall allow, not exceeding, 
to each, 1.00 


And for drafting the inventorj^ pei* folio, 25 

And for copying same, per folio, , 12 

For selling any property so attached and for advertis- 
ing such sale, same allowance as for sales on execution, 
11. Attending any term oi the Supreme Court or of 
the County Court of any County, per day 

{Laws 1871, chAlb) 3.00 

For a copy of every summons, scire facias or de- 
claration served by him when made by him in 
Supreme Court, per folio (3 R. S., 924, § 33. 

2 R. S., 633, § 18, 1st ed.), 12J 

In County Court, per folio (3 R. S., 924, § 33. 

2 R. S., 63.6, § 27, 1st ed.), 09 

For a copy of every other writ when required by 
law (but no such charge can be made against 

the defendant) (3 R. S., 924, § 33), 19 

Returning a writ (attachment, certiorari, habeas 

corpus, summons, execution, etc.) 12J 

Advertising goods or chattels, lands or tenements, 

for sale on execution, 2.00 

And if execution be stayed or settled after adver- 
tising and before sale (Same), 1.00 

For every certificate on sale of real estate, for 
drawing, per folio : 

In Supreme Court, 25 

In Covnty Court, 18 

For two copies each per folio, in Supreme Court, .12^ 
In County Court (3 R. S., 925, 2 R. S., 633, 636, 

1st ed.), 09 

Together with Clerk's fees for filing one of such 

certificates, 06 

For summoning the Jury to attend any Court in 
each cause noticed for trial or placed on the 

calendar, 50 

Bringing on a prisoner upon habeas corpus to tes- 
tify or answer in any Court, 1.50 

For traveling each mile from Jail, 12J 


For attending any Court with such prisoner be- 
sides actual expenses per day, 1.00 

Bringing up prisoner upon habeas cor^ws, with 
cause of his arrest and detention, 1.50 

For traveling for each mile from Jail (3 R. S., 

925), , 12J 

For serving an execution issued by a County Clerk upon 
the judgment of a Justice, the same fees as are al- 
lowed Constables as follows : 

For every dollar collected to the amount of $50, .05 

For every dollar collected over $50, 02| 

For every mile, ^'om^r only, to be computed from 
the place of abode of defendant or where he 
shall be found, to where the execution is re- 
turnable (3 E. S., 452, §§ 150, 152), 06 

On the sale of premises under a decree of foreclosure 
or in partition the sheriff shall receive his disbursements 
for printer's fees. 

(See "Advertisements.") 
He shall also be entitled to receive the same fees 
as upon sales by virtue of an execution but such 
fees shall in ncTcase exceed, 10.00 

If the amount bid on such sale on any part of such 
amount shall be credited on the decree of sale or be bid 
by the person or party in whose favor the decree shall 
be made, the fees of the Sheriff shall be estimated on 
the surplus over and above the amount so credited or 
bid, by such person or party ; but if the fees on the 
whole sum bid on such sale would amount to more than 
$5, in case no part thereof was so credited or bid by 
such person or party, the Sheriff shall be entitled to 
$5, if the fees on the sum actually paid would not 
amount to that sum. 3 B. S., 291, § 49. /'C>M^^ f. 
For any person committed to Prison in civil cases to 
■ be paid by the plaintiff in the process, for re- 
ceiving, 25 


For discharging, 25 

For summoning Constables to atteiyd Supreme Court 
for each Constable (3 M.S., 926), 50 

For executing any warrant'to remove any person from 
lands belonging to the people or to Indians, such sum 
as the Comptroller shall audit and certify to be a rea- 
sonable compensation. 

For giving any notice of any general or special elec- 
tion to the Inspectors of the diiSferent Towns and 
wards of his County, for each Town or ward 
(and the expenses of publishing such notice to 
be paid by the County), 1.00 

For every service which may be rendered by a Constable 
the same fees as are allowed by law for such services 
to Constables. B B. S., 926. 

For keeping a person arrested on execution or other 
civil process or surrendered in exoneration of bail, at 
the expense of the person in custody ; if kept in any 
place other than a Jail, such sum as shall be 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 cff^the Peace of the 
same Town. 3 B. S., 659-60. 3 B. S., 724, § 3. 

For serving an attachment under the Code of Pro- 
cedure, 1.00 

When judgment shall have been recovered h\s pound- 
age shall be estimated on the amount collected. 

If a, settlement shall be had, poundage shall be esti- 
mated on amount at which a settlement is made. Code, 
§ 243, as modified by ch. 26, Laws 1872. 
For service of an attachment against a defaulting 
loitness, no fee is prescribed. It is usual for the 
Court to impose such fine as will be a reasona- 
ble compensation. Usually there is allowed, 

for serving the attachment, 50 

Return thereof, 12J 


Travel fees from place of arrest to the Court 
where the writ is returnable for each mile 
( Crocker da Sheriff's, 429-31), 12| 

Fees in Criminal Cases. 
The following are County charges. Where no fee 
is given the compensation is to be fixed by the Board 
of Supervisors. 3 E. S., 1051, § 22. 

For every person committed to Prison, 37| 

For every prisoner discharged from Prison, 37| 

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 S. S , 1050, § 17. 
For returning precept for Oyer and Terminer,.. .12| 
For returning Jury Lists, each (3 E. S.,924, § 33), -12^ 
Eor summoning Constables 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 ta make such service (if an arrest 
is made) per mile going only in case no affidavit 

18 made (See "Constables"), 10 

If an affidavit is made per mile going and returning • 

{ 1869, ch. 820. 1 Denio, 658), 10 

Taking defendant into custody on a Mittimus,... .25 
For every mile traveled in taking prisoner to 

Jail goingandreturning(iaws 1869, cA. 820, §1), .10 
Conveying a person to the Magistrate or Court be- 
fore whom he is to be brought (if within one 

mile), 12^ 

And for every mile more, going only (3 E. S., 

1046, §4), 06 

Serving a Subpoena for each witness, 25 

Mileage on the distance traveled per mile gung 
and returning. 3 E. S., 1050, Laws 1877, ch. 89, .05 


But mileage can be charged only on the distance ac- 
tually traveled to muke service on all the witnesses 
■when the subpoena conrains one or more names, unless 
the Board of Supervisors make a further allowance. 3 
E. S., 1046-7. 

But no Board of Supervisors shall allow any charge 
for issuing or serving any Subpoena in any Criminal Case 
or proceeding on behalf of a defendant. Laws 1845, ch. 
180, § 18. SB. S, 998, § 40. 

For attendance upon drawing a Grand Jury. 3 E. 
S-, 1013, §10. 

For preparing statements of prisoners in Jail for 
i:istrict Attorney. 

For preparing Calendar of prisoners in Jail for Courts 
of Oyer and Terminer and Sessions. 3 E. S., 1066, § 
25. 2 E. S., 905, § 7. 

For the support of prisoners in Jail. 1 R. S., 902, 
§ 3, sub. 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, Laws 1867, ch. 604, § 4. 

For conveying Juvenile Delinquents to Houses of Eefuge 
and Lunatics to Insane Asylums such compensation as 
shall be fixed and determined by the Board of Super- 
visors Laws 1874, p. 570, § 29. 

For conveying any prisoner sentenced to the Albany 
Penitentiary for an offense not punishable by imprison- 
ment in a State Prison such fees and expenses as the 
Board of Supervisors shall prescribe and allow. Laws 
of 1874, ch. 209, §§ 2, 3. 
For conveying a single Convict to the State Prison, 

for each mile from which such Convict shall 

be conveyed, 35 

Conveying 2 Convicts for each mile, as aforesaid, .46 
" 3 " " " .50 

" 4 " " « .56 

« 5 " " " .60 


For all additional Convicts such allowance as 

Comptroller may think just. 
For maintenance of each Convict on the way to 

State Prison, per day, 1.00 

But not exceeding for thirty miles travel (3 -fi. 

S., 1050, § 17, 1.00 

The account to be paid by the Slate. 

All convicts sentenced to same State Prison or the 
same House of Refuge at one session of the Court, to 
be transported at same time unless the Court shall ex- 
pressly direct otherwise. 3 B. &, 1051, §§ 19, 20. 
For conveying persons convicted of offences 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 
1869, ch. 574, §| 1, 3, and 7. 
For serving the Comptroller's Notification upon debtors 
of the State, such amount as may be audited by the 
Comptroller paid out of State Treasury. 1 M. S., 
481, § 29. Same, 878, § 171. 
For serving Subpoenas of Canal Board, Canal Commis- 
sioners or Canal Appraisers such sum as may be just 
and reasonable to be paid by Canal Commissioners. 
1 B.S., 603-4, §§ 147, 148. 
For services in the recovery and preservation of wrecked 
property a reasonable allowance as salvage, not to 
exceed one-half o( the property or proceeds, to be paid 
out of the property saved. 2 R. S., 962, §§ 12, 13. 

See ^'Justices of the Peace." 

See ''Sheriffs." 


In Supreme Court : 
Appointed by the Justices of the Supreme Court, in 
each Judicial District. 
He shall receive a salary of. 2500.00 

Such salary is to be apportioned to each County in 
such District by the Court at Special Terra, 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 
v^hile attending said Courts, and for actual travel 
to and from such Courts and his place of resi- 
dence, per mile, 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, 06 

"When two Courts are appointed to beheld attiiesome 
time in either of the Judicial Districts, the Justices as- 
signed to hold the same, vaz.y 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 such certificate. Laws 
1871, ch. 700, as amended by ch. 139, Lows 1872. 

The above provisions apply to all the Judicial Dis- 
tricts except the first and second. Laws 1872, ch. 131). 

In Surrogate's Courts: 
The Surrogate in any County maj', 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. Laws 1871, ck. 874. 


To the person delivering note 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 he paid by owner of the stray : 

'For &\\ neat eatlle and Aorses, each, 09 

For each skeep, 03 

Together with fees of Town 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. 
'Eaah fence viewer 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. 1 
B. S., 831, §§ 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. 1 B. S., 
832, § 26. 

See " Executions." 


To Justice for issuing in Civil or Criminal Case, .25 
To a Constable for serving in Civil Cases on each 
witness not exceeding four {Laws 1869, ch. 820, 

§1), 25 

To any person except a Constable or Sheriff for 
serving in Civil Cases in Justices' Courts, not 
exceeding four each (3 R. S., 452, § 150, as 
modified by Laws 1869, eh. 820), 12^ 

To a Constable or Sheriff for serving in Criminal 
C(7ses for each witness, 25 

And mileage for distance actually and necessarily 
traveled, per mile (3 R. S., 926, Laws 1877, 
ch. 89) 05 

To a County Clerk fof issuing upon application of 
defendant in Criminal Cases. No fees (3 li. S., 1020-1, 


See "Justices of the Peace," "Constables" and 


See " County Superintendents of the Poor." 


For the County, 
For each day's services during the sessions of the 

Board besides mileage, allowed by law [Laws 

1869, ch. 855, § 8), 3.00 

For each day's service except when attending the 

Board of feu per vi 81 irs, ; 3.00 

For all necessary travel in the discharge of his 

official duties, 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 two hundred, 01 

But- no yej* diem allowance shall be mode while mak- 
ing such copy or tax. Laws 1876, ch. 257. 
See " County Canvassers." 

For the Town. 

For each day's service, 2.00 

For all necessary travel, filing Bond, each mile, .08 
For approving Collectors Bond, 1.00 

Disbursing school moneys not exceeding 1 per cent. 
Laws 1876, ch. 257. 


The salary of the County Judge, and the salary of 
the Surrogate when elected as a separate officer, shall 
be established by law payable out of the County Trea- 
sury and shall not be diminished during his term of 
office. Const., Art. 6, § 15. 

He cannot receive to his own use any fees or perqui- 
sites of office. Same, § 21. 

Nor for the use of the County except for copies of records 
- or papers. Laws 1869, ch. 246, § 2. 
For such copies furnished to any party on his re- 
quest, per folio, to be paid by the party request- 
ing them (3 i?. .S., 920) 06 

The salary of the County Judge and Surrogate 

in Herkimer County \^{Laws la72, ch. 767, § 3),3000.00 
For salaries of Surrogates in other Counties, see Laws 
1872, ch. 767, as amended by ch. 401, Laws 1877. 

Such compensation as the Board of Supervisors shall 
fe. Laws 1870, ch. 467, § 4. " 


The Board of Supervisors may autliorize said Clerk 
to receivefor his owu use the legal fees for making copies 
of any record or paper in the office of the Surrogate. 
Laws 1869, ch. 246, § 2. 

For actual service in surveying, laying out, mark- 
ing and mapping any real estate of which 'par- 
tition shall be made, or of which Dower shall 

be admeasured, per day, 2.50 

For each of his chain a.nd flag bearers and other 
necessary assistants, per day (3 H. S., 922, § 25), 1.00 

See " Collector" and " Supervisor." 

See " Auditors." 

The following shall be deemed Town Charges : 

1. The compensation of Town officers 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. 1 B. S., 838, § 2. 

All fees and accounts of Magistrates and other officers in 
cases n/it 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 felo- 
nies are a County charge. 


All costs where the proceedings or the trial for the offense 
are had before any Court of Oyer and Terminer or 
Sessions are a County charge. 1 B. S., 855-6, § 39. 

" Criminal Proceedings" in the statute include proceed- 
ings against beggars and vagrants ; to pvevent the Com- 
mission of Crimes; ■Ag'Ainsi disorderly persons 2in6. search 
warrants and proceedings thereon. People v. Supervi- 
sors of Ontario, 4 Denio, 260, 

The expenditures necessary for the building and re- 
pairing roads awA bridges are paid by the Town. 2 
R. S., 382. 

The expense of supporting at the Slate Lunatic Asylum 
an Indigent Lunatic which the Town would have been 
liable to support, if not sent to the Asylum, is a Town 
charge. 2 E. S., 894-5, §§ 53 and 54. 

In like manner the expense of clothing and maintaining 
at the Slatr Inebriate Aslyum, an Indigent Inebriate if 
a Town pauper, is cliargeable to the Town. Laws 
1873, ch. 625, § 20. 

The expense of providing books for Town Records. 1 
R. S:, 830, § 12. 

For recording chattel mortgages. 3 R. S., 224, § 18. 

For recording proceedings of Boards of Excise, Laws 
1870, eh. 175, § 7. 

For recording description of strays. IR. S., 831, § 19. 

For Supervisor's accounts. 1 R. S., 829, § 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. 1 R. S., 818, §§ 14, 15. 

And of establishing and maintaining pounds is a Town 
charge. 1 R. S., 817, § 9. 

For each day's service performed by him for the 

Town (Laws 1870, ch. 242, § 2), 2.00 

For drawing a Jury in cases oi altering or laying out 


roads to be paid by applicant (iaws, 1873, 315, 

§2), 1.00 

For filing a chattel mortgage or copy, 06 

For entering the same in books as required by 

law (3 R. S'., 224, §20), ...•: 06 

For drawing and certifying a Jury in cases of ?■£- 
assessment of damages for laying out highway's 

(2 R. 8., 398-9, § 90), 50 

For making sales of floating timber or lumber un- 
claimed as required by law : 
For every dollar collected to the amount of |50, .05 
For every dollar collected over $50 (2 R. S., 971, 

§8. iaios 1866, cA. 692, § 6), 02^ 

For entering note of strays for all neat cattle and 

horses, each, '. 06 

And for .each sheep to be paid by the person de- 
livering the note (1 R. 8., 831, § 19),.. 03 

For filing and entering a certificate of marriage, .25 
For a copy of such certificate or of the entry 

thereof (3 R. 8., 229, § 17), .lO 

It is the duty of every person having the custody of 
the records or papers in any public office to search the 
files, papers, records and dockets and make transcripts 
of such papers or records when required and the legal 
fees offered. 3 R. S., 481, § 85. 

The following fees are usually allowed for the ser- 
vices mentioned: 

For searching for each paper, 06 

For certified copies of such instruments same as 
allowed Clerks of Counties, per folio {McCaU's 
Clerk's Assistant, 233, 2d ed.) 06 

See " Sealer of Weights and Measures." 

See "County Clerks " and "Justices of the Peace." 


Are not entitled to any remuneration for their ser- 
vices in that capacity. If. Y. Code of JPub. Instruction, 
415, ed. 0/1868. 

Sec "Beggars and Vagrants." 


See "Justices of the Peace" and "Constables." 


( Criminal). 
Before Indictment: 

Criminal warrant may be issued by Justices of the 
Supreme Court, Judges of the Superior Court of City 
of New York, County Judges, Mayors, Recorders and 
Aldermen of Cities, Justices of the Peace, and Police 
Justices appointed in any City or elected in any Town. 
B R.S., 993, § 1. 

After Indictment : 

A warrant for the arrest of any defendant indicted, 
may be issued by the Court to which such indictment 
shall be presented, or by any Justice of the Supreme 
Court, or County Judge of the County in which such 
indictment shall be found, or by the District Attorney. 
3 B. S., 1020, § 57. 

No Judicial Officer except Justices of the Peace can 
receive to his own use any fees 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 1866, ch. 692, § 3), .25 


A Criminal warrant may be directed to the Sheriff" ot 
to any Constable of the County. It must be executed 
by the officer to whom it shall be directed. 3 R. S., 
993, § 3. N. T. Oivil and Or. Justice, 569, 1st cd. 3 
B. S., 1020, § 68. . 

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 and battery. 3 S. S., 1046, 



Search warrants are Criminal Proceedings and go- 
verned 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 exami- 
nation of the person accused of stealing such property, 
shall be paid by the owner of such property. 3 B. S., 
1041, §§ 38, 39. 


In Civil Cases. 

For each day while attending any Court or officer 
(except Justices' Court), 50 

If the witness resides more than three miles 
from the place of attendance for each mile 
going and returning (3 B. S., 922, § 24), 04 

For attending before a Justice of the Peace in Jus- 
tice'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 in other States, for each day's 
actual attendance {Imws 1866, ch. 692, § 10),.. .25 

Witnesses on proving a will, the like fees as in per- 
sonal actions, to be paid by the person applying to have 
such will proved. 3 B. S., 140, § 15. 


In Criminal Cases. 

In Criminal Cases, whether subpcBnaed on the part 
of the people or of the defendant in any indictment, no 
fees. 3 R <SM021, § 69. 

ISov in any Court of Special Sessions. 3 B. S., 1011, 

If a person is poor or has come from any other State 
or Territory or from any Foreign Country and attends 
any Court of Oyer and Terminer, Court of Sessions or 
Circuit Court as a* witness on behalf of the people, at 
the request of the public prosecutor, or upon a sub- 
poena, or by virtue of a recognizance, the Court, or a 
Justice of the Supreme Court, in case the offense is 
above the grade of a misdemeanor, or the County Judge 
in cases of indictments pending in the Sessions, may 
direct the County Treasurer to pay such witness such 
Bum as shall seem reasonable for his expenses, which 
sum the Treasurer shall pay on the production of a 
copy of such order, certified by the Clerk. 3 S. S., 
1051, §§ 23, 24, 25, 26, as modified by ch. 155, Laws 1869. 
See "Coroners." 


Accounts, 5 

affidavit to, wliat to contain, 5 

before whom taken, 5 


before whom taken 5 

of bail in Courts of Record, '. . 5 

of satisfaction of decree or judgment, 5 

of deed, 6 

County Judge may receive fees for, for use of County, 6 


fees of, 6 

County Treasurer when acting as, 6, 36 


fees for printing 6 


before whom taken, 7 

Justices of the Peace for taking, 7 

County Judge, County CJerk, Commissioners of Deeds 

or Notary Public, 7 


to Comptroller by Supervisor, 7 

to County Court, when brought, 7 

costs on, when new trial is had, 8 

other appeals, 8 

to Court of Appeals 8 

when brought,. 8 

costs on, 8 

to Supreme Court, when brought, 9 

costs on, 8, 9 


Compensation of, 9 


compensation of, 9 


when to file oath of office, 9 

compensation of, 9 

to be Fence Viewer, 40 

fees for services, as Fence Viewer, 40, 41 


commissions of, &,qI 

78 INDEX. 

Attachment, • p»ge. 

injustices Uourt, 10 

Justices for issuing, 10, 45 

Constable for serving, 10, 19 

in Supreme Court, additional allowance, 10 

Sherifl' for serving, 58, 59 


statutes regulating fees of, repealed, 10 

costs on eertiorari, 11 

in civil actions, 23, 24, 25, 26 

in cases of lunatics 49 

mandamus, 49 

mortgage foreclosure, 51 

special proceedings, 10, 11 

District Attorney may employ counsel, 37 

Services for Board of Supervisors a County cliarge, ... 29 


commissions of, 11 


Town, of whom to consist, 11 

compensation of, 11 

appointed by Surrogate, allowance to, 11 


Fees of Justices in cases of, 13 

Constables in cases of, 12 

Witnesses in cases of, 12 


Fees of Justices in cases of 13 

Constables in cases of, IB 

Witnesses in cases of, 18 

Officers a Town charge, 13 

Boars of Alms, 

of Little Falls, who constitute, 13 

compensation of, 13, 14 

How apportioned, 14 

Board of Excise, 

See Commissioners of Excise, 17 

Board of Health, 

who constitute, 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, 68, 69 

Bond, fee of Justice for drawing, 14 


for destruction of wild beasts, 15 

Board of Supervisors to make regulations 15 

in Herkimer county, 15 

INDEX. 79 

Cattlb Law, Page. 

cattle not to run at large, 15 

duty of Overseer of Highways 15 

Street Commissioners in Villages, 15 

penalties under, 15 

Casts of proceedings, same as in civil actions, 15 


fee of Justice for taking acknowledgments, drawing 

and signing certificate, 6 

County Clerk's fee for, 37,33 

Justice's fee for certificate to depositions 47 

Sheriffs fee for, on sale of real estate, 60 


Costs on, 11 

Justice's fee for return to, 16 

Chattei. Mortgages, 

Clerk's fee for filing, 16, 33 

entering same in book 16, 33 

certified copies of , 83,73 


of Board of Supervisors, 16 

compensation of 16 

a County charge, 28 

Clerks of the Polls, 

compensation of, 16 


appointed by Surrogate, allowances to 16 

of taxes, fees of, 17, 38 

of School District 17 


who constitute, 17 

compensation of, 17 

Commissioners of Highways, 

compensation of, 18 

to be Fence Viewers 40 

fees of Fence Viewers, 40, 41 

Commissioners fob Loandig Honeys of XJnitbd States, 

fees of, 18 


to make partition or admeasure dower, compensation 
of 18 


fises, for services in civil actions, 18, 19 

special proceedings, 19. 30 

criminal cases, 20, 21 


fees of, 21, 23 

Supervisors to require inventory of, 23 

80 INDEX. 

Costs. Fiee. 

in cMl actions, 23, 24, 25 

additional allowances, ■ 25 

Clerk's fees, 25 

Referee's fees 25 

on entry of judgment by confession, 26 

in proceedings supplementary to execution, 26 

in actions by the people, 26 

in Justice's Court, 26 

double costs, 27 


who constitute, 27 

compensation of, 27 

County Clerk's fees as Secretary of, 27 


what are, 27,28,29,30 


fees of 30, 31, 32, 33 

fees as Clerks of Criminal Courts, 84 

in taking census, 34 

as Secretary of County Canvassers, 27, 32 

in civil actions, 25, 33 

for reporting criminal statistics, 34 

to appoint deputy and &x compensation, 87 

CoTJNTT Judge, 

salary of, fixed by legislature, . . , 84 

not to receive fees to liis own use, 35 

to pay sums received for fees to County Treasurer,. ... 84 

expenses when holding Court in another County, 85 

County Stjpbbintendent or the Poor, 

compensation of, 85 

in Herkimer County, , 35 

in Counties having more than one to appoint physician 

for Poor House, 53 

no account to be audited by, unless accompanied by an 
affidavit, 5 


compensation of 36 

commissions as Administrator, 6, 36 


Expenses of keeping in repair rooms for, a County 

charge, 29 

printing calendars for, a County charge, 29 

tee of Sheriff for attending, 60 

Constable attending 20 

Court of Special Sessions, 47, 48 

Cbier of the Court, 

how appointed and paid, 36 

compensation of, 36 

INDEX. 81 

DbbDB, Page. 

fee for acknowledgment of, 6 

wlio may take acknowledgment of, 5 

County Clerk's fees for recording, 31 

Administrator's fee for, , . . . . 6 

Slieriff for drawing, 58 

Deputy Countt Clbkk, 

how appointed and paid, 37 

Deputy Shbrepp, 

how appointed and paid, 37 

DiSTHicr Attobnet, 

may appoint an assistant, 37 

with consent of County Judge may employ counsel, ... 87 

compensation of, 37 

in Herkimer County, 38 

when acting as Surrogate, 38 


tax on, 88 

Collector's fees on dog tax, 88 

Dower, 38 


see Commissioners of Excise, 17 

license 49 


Fee of Justice for Issuing, 39 

Constable for serving, 18, 39 

Sheriff for serving, 39, 58 

County Clerk for issuing 39 


fees same as administrators 6, 40 

False Pretenses, 

fees of officers in Heikimer County not chargeable to 

County till after conviction for, 40 


fees of officers a County charge in cases of, 28, 40 

Fence Viewers, 

who are, 40 

compensation of, 40,51 

Filing Papers, 

chattel mortgages, 16 

by Justices of the Peace, fee for, 46 

County Clerk, papers of an insolvent, 31 

certificate of satisfaction of mortgage, . . 31 

every paper deposited with him, 31 


see mortgage foreclosure, 41, 45 

Oame Constable, 

compensation of, 41 

costs on failure to recover penalty, a County charge, . . 41 

82 INDEX. 

Grasd Jurobs, Page. 

by whom selected, 44 

compensation of, , 44 


compensation of, 43 


for jail, compensation of, 43 

Habitual Dbitnkabds, 

costs and expenses in relation to, how audited, 43 

in proceedings for appointment of committee for, 49 

Highway Labob, 

rate commuted for, , 43 


see Constables, Jurors, Justices of the Peace and Town 
Clerks, 30, 45, 73 


expenses of trial in another County, 43 


expenses of clothing at Inebriate Asylum 43 

Town liable to reimburse County for support of, 43 


fees of Coroner for taking, 33 


support of chronic insane, 39 

see lunatics, 49 

support of indigent lunatics at Lunatic Asylum, if Town 

paupers, a Town charge, 71 

Inspectoeb op Election, 

compensation of, 43 

Invbntoby, ■* 

see Constables and Sheriffs, 19, 59, 60 

Jails, who to have custody of, 43 

guards for, compensation of, 43 


fee for entering, 44 

Justice for transcript of, 44 

Clerk for entering satisfaction of, 44 


in Courts of Record 44 

by whom selected, 44 

compensation of Grand and Petit, 44 

In Herkimer County, 44 

In Justices' Courts, 45 

In Courts of Special Sessions, 45 

In relation to Highways, 45 

in special proceedings, 45 

for draining swamps, ._ 45 

Justices op the Peace, 

for taking acknowledgments, 5,6 

affidavits, 7 

INDEX. 83 

Justices OF THE Peace, Page, 

in cases of bastardy , 13 

beggars and vagrants, 13 

for drawing bond,. .. 14 

fees in civil cases, 49, 46 

criminal cases 47 

of Courts of Special Sessions, 47, 4S 

Commissioners of Excise, 48 

Justices of sessions, 48 

for services for Town, 48 

Landlokd and Tenant, 

fees in summary proceedings to remove tenant, 48 


see attachment and execution, 10, 39 


to sell strong and spirituous liquors 49 

Loan Commissioners, 

fees of, 18 


fees in proceedings for confinement of 49 

to appoint committee for, 49, 59 

fees of Sheriff for conveying to Asylum 64 

expense of supporting at Asylum, if Town pauper, a 

Town charge, 39, 71 

to be paid in first instance by County, 39 


Costs in, not affected by code, 11, 49 


ce.iBUB, compensation of, 50 

Mbchanic's Lien, 

costs in proceedings to enforce, 50 

Clerk's fee for filing, 50 


compensation of, in cases of riot, etc., 50 


see acknowledgments, and County Clerks, 6, 31 

chattel mortgages, 16, 33, 71 

County Clerk's fee for recording, 31 

fees for foreclosing, 51 


by action 51 

fees for advertisement, 51 

Sheriff for selling under decree of, 61 

Clerk entering minute of, 31 


Clei^k's fees in case of, 33, 51 

Notaki Public, 

fees of,. 53 

may take acknowledgments, 5 

affidavit, ; . . 7 

84 INDEX. 

Oath, Page. 

fee for admiQistering, S3 

County. Clerk for adminiatering in civil cages, 33 

criminal cases, ... 34 


compensation of, 53 

duties under cattle law, 15 

costs under cattle law, 15 

Otbbsbek of the Poor, 

compensation of, 68 

compensation of Overseer of Alma of Little Falls, .... 13 


costs in proceedings for, 35, 53 

fees of commissioners in, 18 

Surveyors and assistants, 70 

County Clerks in, 81 


compensation of, a County charge, 58 

To Poor House 53 

Jail, how appointed, 54 

for services in cases /ot insanity, 53, 64 

Pound Mastbb, 

fees of, 54 


for publishing advertisements, , 6, 7 


Commissioners, fees of, 64 


of Corporations, Commissions of, 54, 55 

in other cases, 64, 55 


Clerks for entering, 55 

Justice of the Peace for, 65 


Clerk's fee for, 81, 83 


fees of, 55 

Replevin, . . . ; 66 

Riots, damages cauaed by, a County charge, 39 

compensation of militia to suppress, 60 


fee for entering, 56 

SoaooL Commissioners, 

compensation of, 66 

Supervisors may increase aalary of, 56 

Sealer of Weights and Measures, 

fees of, 57 

Search, • 

County Clerk's fee for, 80,31,33 

Town Clerk's fee for, 73 

INDEX. 85 

Skakch Warant, Page. 

a criminal proceeding, 57, 74 

fee for, 74 

Session" Laws, 

fee for printing, 7 


fee of, in civil cases 57, 58, 59, 60, 61, 62 

criminal cases, 63, 64, 65 

for preparing calendar of prisoners, 64 

collecting criminal statistics, 64 

conveying convicts to Penitentiary or State Prison, -64, 65 

giving notice of election, 62 

serving Comptroller's notification, 65 

subpoena for Canal Board, 65 

services in reference to wrecked property, 65 

SPBCiAii Sessions, 

fees of Courts of, 47, 48 

State Pbisons, 

fees for conveying convicts to, 64, 65 


fees of, in Supreme Court, 66 

Surrogate's Court, 66, 67 


fees to persons delivering note, 67 

Town clerk, 67 

Fence Viewers, 67 


fees for issuing and serving, 68 


Constable for serving 18 

Justice for issuing 45, 46 

Sheriff for serving, 57 

Superintendents of the Poor, 

compensation of 35 

in Herkimer County, 35 


compensation of, for services for County, 68 

Town, 69 


compensation of, 69 

Surrogate's Clerk, 

compensation of, ■ . 69, 70 


compensation of, 70 


fees for collecting 17 

of Supervisor for making out, 69 

Town Auditors, 

compensation of, 11 

86 INDEX. 

TowK Chaegbs, Page, 

what are, 70771 

TOWK Clekk, 

fees of, 71, 72 

Town Sealer, 

fees of J 57 


of judgment, Justice's fee for, 45 

Clerk's fee for filing and entering judgment, 33 

Trustees of School Districts, 

uo fees, 73 


fees in proceedings against 13 


in civU cases, 

Justices for issuing, 45 

Constable for serving, 18 

in criminal cases, by whom issued, 73 

to whom directed, 74 

Justice's fee for issuing 47, 73 

Constable's fee for serving 20 

Sheriff's fee for serving, 63 

in Special Proceedings, 

Justice for issuing, 46 

Constable for serving '. 19 

Sheriff for serving, 63 

in cases of assault and battery, not allowed by Super- 
visors 74 

persons making complaint to pay for, 47 

Search, a criminal proceeding, : 74 

fees for, 74 


in civil cases, fees of, 74 

In Justice's Court, 74 

on proving will 74 

in criminal cases, no fees 75 

poor or foreign, expenses to be paid, 75 

in proceedings against beggars and vagrants, 13 

in bastardy Vi 

Court of Special Sessions for swearing, 47 

County Clerk for swearing in Criminal Courts, 34 


Sheriff for returning, 60 

summoning Jury upon writ of inquiry, 58 

serving writ of possession, 58