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Fees of the Constable. 2 S. S., 750.

SECTION FOUR.

Serving a warrant or other process for the arrest of any person, issued by any magistrate or Court, fifty cents, and the same fees for traveling to make such service, as are allowed for serving a warrant in civil

cases:

Taking a defendant into custody on a mittimus, twelve and a half cents:

Conveying a person to the magistrate or Court before whom he is to be brought, or to Jail, twelve and a half cents, if within one mile, and for every mile more, going only, six cents :

Serving a subpoena, twelve and a half cents for each witness, and the like mileage as above provided; but mileage shall be allowed only on the distance actually and necessarily traveled.

This is altered as to travel fee by the act of May, 1836, p. 775, which allows travel fee both ways on subpœnas. See p. 137.

The board of Supervisors may allow such further compensation for the service of process, and the expenses and trouble attending the same, as they shall deem reasonable.

For other services in criminal cases, for which no compensation is specially provided by law, such sum as the board of Supervisors of the county may allow.

Fees of the Clerks of the Courts of Oyer and Terminer and General Sessions. 2 R. S., 750.

SECTION SIX.

Swearing a witness, six cents:

Entering or respiting a recognizance, twelve and a half cents:

Calling and swearing a Jury, nineteen cents:

Entering a sentence in the minutes kept by him, Fees of countwelve and a half cents; and the like fee for every cer- continued. tified copy thereof; and for a transcript thereof for the Secretary of State :

Entering Collector's Bond, twelve and a half cents:
Searching for such Bond, six cents:

Satisfying same, twelve and a half cents:

Filing every paper, three cents; and searching for same, three cents:

Copies of records, indictments, and other proceedings, the like fees as are allowed in civil cases, for copies of papers filed in his office. He gets in civil cases for the above services, eight cents per folio. See 2 R. S., 638, 639.

For attendance in canvassing the votes given at any election, two dollars :

For drawing all necessary certificates of the result of such canvass, the same fees as are allowed to Attorneys in Courts of Common Pleas, for drafts and copies of pleadings: which is eighteen cents for drafting, and nine cents for copies.

For recording such certificates, the same fees as are allowed for recording deeds: to wit, ten cents per folio, and a certificate on the paper, and one on the record, make twenty-five cents more.

The law requires the County Clerk to send a copy of the statement and certificate to the Governor, Comptroller and Secretary of State, and to deliver a copy of the determination of the County Canvassers to each person elected.

For making and transmitting certified copies of the returns of the Commissioners of common schools (now Town Superintendents), six cents for each folio, to be paid by the county.

For approving Sheriff's Bond, fifty cents:

For giving notice to the Governor, of persons who have taken the oath of office, three cents for each name.

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§ 1. The act of 1843, p. 253, provides that the clerks of the several counties of this State shall make a general index in the manner therein designated; and in those counties in which a general index was made under the act of 1826, and have been preserved, the several clerks shall complete the same by bringing them down to the present time; and in either case, the said clerks shall keep the said indices complete by adding to the lists as deeds and mortgages shall be sent in.

82. Each County Clerk is hereby authorized to charge, in his account against said county, all necessary expenses which he may incur in the purchase of books for such indices, and at and after the rate of fifty cents for every hundred names which he may enter in such book.

§3. The provisions of this act shall not apply to such counties in this State, as now have a general numerical index of deeds and mortgages in the office of the clerk of said counties.

Fees of Jurors. 2 R., S. 643.

..e boards of Supervisors of the respective counties of this State may, at their annual meeting, direct a sum not exceeding one dollar per day, to be allowed to every Grand Juror, and to every petit Juror, for attending the Courts of record held within such county, in addition to any other fees which such Jurors may receive; or they may direct such allowance to be made to Grand Jurors only, or to petit Jurors only; and they may also direct an allowance to be made to such Jurors for tra

veling, in coming to and returning from such courts, not exceeding three cents per mile.

Allowance,

Whenever any board of Supervisors shall have di- how paid." rected any allowance to be made to Jurors, as herein provided, they shall raise such sums as may be necessary for that purpose, in the same manner as the other county charges are by law to be raised and collected.

The sums so allowed by any board of Supervisors to any Jurors, shall be paid to them by the County Treasurer of the county, on the production of a certificate of the clerk, at which such Jurors shall have attended, specifying the time each Juror has actually attended, and the distance traveled by him.

excepted.

The foregoing provisions shall not apply to Jurors in New-York the city of New-York, who shall be allowed twelve and a half cents, each Juror, for every action in which he is sworn as such, nor shall they apply to Jurors in the city and county of Albany.

Committee on Constables' Claims.

place.

mitted,

stated.

If the accounts to be audited by this committee when Offence and presented, do not state the offence, and the place where the offence was committed, they ought not to be received by committee; for in such case it is impossible to audit them correctly, or rather, it is impossible to charge such accounts to the proper towns. If the of fence be stated, the committee can then decide wheth- Where comer the account is a county or town charge; and if the should be place where the offence was committed be stated, the committee will know to what town to charge the account if it be a town charge. [See pages 142 and 149.] These remarks apply more particularly to accounts that are made out in one bill, having some charges to the county, and some to the towns; but the offence ought to be stated in every account, for the reason that in an account charged to the county, if the offence be stated

Mileage al

lowed both

ways.

the committee can decide correctly whether all the items charged therein are county charges, or whether some part thereof are town charges. And if the committee, in such an account should find an item that ought to be charged to a town, they could not charge it over to such town, unless the place where the offence was commited be stated. Under this view of the subject, it seems material to have both the offence and the place where committed, stated in every account, unless the committee take it for granted that it is charged to the proper town, or to the county properly, which would be unsafe, and the result would be that the county would pay claims that ought to be paid by the towns; and the towns some that would be properly chargeable to the county. These suggestions will be applicable to accounts presented to other committees.

The claims of constables will be, for serving Criminal Warrants, Bench Warrants, and Subpoenas mostly. For their fees, see pages 137, 142, and 162. It seems clear that a constable can charge for serving a subpoena, fees for both going and returning, for the distance actually traveled, [act of 1836, p. 137 of this book], but no mileage shall be allowed beyond the limits of the county or adjoining county, unless the board be satisfied by proof, that such witness could not otherwise be obtained. [See page 143.] And the compiler is of the opinion that the law 2 R. S.,750, and copied in this book on page 162, gives mileage for serving a warrant, both ways. The first clause gives fifty cents for serving the warrant, and the same fees for traveling to make such service, as are allowed in civil cases, which is six cents per mile for going only. This provides for the arrest, and going to make such arrest.

The second clause of said act provides for conveying a person to the magistrate or court before whom he is to be brought, or to jail, twelve and a half cents, if

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