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Application

of recovery.

Chamberlain of the city of New York.

Reference

to Code of Civil Procedure.

§ 919. The moneys recovered shall be applied by the board to the use of the county, except that any moneys so recovered which were received by the treasurer for the use of the state or other party shall be paid by the supervisors to the treasurer of the state or other party.

920. The chamberlain of the city and county of New York is the treasurer thereof; and all the provisions of this article apply to him, except such as are inconsistent with the provisions of law specially relating to him.

§ 921. Other provisions respecting the county treasurer are contained in the CODE OF CIVIL PRO

CEDURE.

Duties of County elerk.

ARTICLE III.

THE COUNTY CLERK.

SECTION 922. Duties of county clerk.

923. Compensation from the state.

924. Seal.

925. In what case county judge may decide insufficiency of

sureties.

926. No charge against the county for certain expenses.

From 1 R. S., 685.

§ 922. It is the duty of the county clerk in each county:

1. To take custody of all the books, records, deeds, parchments, maps and papers now deposited or hereafter to be deposited in his office; and to keep the same in good arrangement and preservation;

2. To provide proper books for recording all matters and documents required or authorized to be recorded in his office;

3. Whenever any commission or supersedeas is received at his office, to give immediate notice, at the expense of the state, to every person named therein;

4. To give immediate notice to the governor whenever an office becomes vacant, by the happening within his county of the event mentioned in subdivisions 1 or 4 of section 232; and on or before the fifteenth day of January in each year, to report to the governor the names of all persons appointed to office in the county who, during the preceding year, have taken the oath or given the bond required, and of all persons required to do so who have neglected it; and of all vacancies in the county in any civil offices;

5. To report to the district attorney of the county all omissions by any town officers to transmit to such clerk any returns or other documents they are by law required to do;

6. On or before the first day of January in each year, to report to the comptroller the names of all religious societies incorporated in the county during the preceding year;

7. To keep in his office a book, free at all times to public inspection, in which he shall enter all

Compensation from the state.

fees charged or received by him for any official service, the time of rendering it, the nature of it, and the person, if known, for whom it was rendered;

8. To transmit annually, free of expense, to the secretary of state, a statement verified by his oath, and showing for the year preceding the first day of January: 1. The amount of all fees charged or received for recording any documents and for certificates thereof; 2. The amount of all fees charged or received for searching and for certificates thereof; 3. The amount of all sums charged or received for services rendered the county; 4. The amount of all sums charged or received for other official services; 5. An account by items, showing all sums paid for assistance, and the persons to whom they were paid, and for fuel, lights, stationery and other incidental expenses ;

9. To perform such other duties as are imposed on him by other provisions of the Codes or by special laws.

§ 923. The compensation of the county clerk for services and expenses in performing any duty prescribed in subdivisions 3, 4 and 6 of the preceding section, and the fees for recording any mortgage to the people of this state, shall be audited by the comptroller and paid out of the treasury.

924. The seal of the county is the official seal Seal.

of the county clerk.

to In what

an

or

925. Where the county clerk is authorized judge of the competency of the sureties in official bond, and he is absent from the county, incapable of performing the duties of office, or the office is vacant, the county judge may decide upon the competency of such sureties; and for that pose administer any oath and make any examination necessary.

pur

case county judge may

decide on

sufficiency of sureties.

against the county for

certain ex

penses.

§ 926. No county clerk shall make any charge No charge against the county for fuel or lights for his office, or for stationery, except record books and stationery furnished by him for courts held in the county.

ARTICLE IV.

THE SHERIFF.

SECTION 927. Sheriff to give bɔnd.

928. Filing of bond; justification of sureties.

929. Bond to be renewed annually.

930. Notice of sheriff's arrest to be given to governor.

931. Vacancies.

932. Fees for service for the state.

933. Reference to Codes of Procedure.

From 1 R. S., 687, §§ 124 to 134.

give bond.

§ 927. Every sheriff shall, within twenty days Sheriff to after he receives notice of his election or appointment, and before he enters upon office, execute, with at least two sureties who are freeholders and approved by the county clerk as sufficient, a joint

Filing of bond; justification of sureties.

Bond to be renewed annually.

Notice of sheriff's arrest to be

and several bond to the people of the state, conditioned that he shall well and faithfully, in all things, perform and execute the office of sheriff of the county, during his continuance therein, without fraud, deceit or oppression.

The bond of the sheriff of the city and county of New York shall be in the penalty of twenty thousand dollars; that of every other sheriff, ten thousand dollars.

§ 928. Such bonds shall be filed in the county clerk's office, and the clerk shall, at the time of filing, administer an oath to each surety that he is a freeholder within this state, and worth, over and above all debts whatsoever, if in the city and county of New York the sum of twenty thousand dollars, and if in any other county such sum as is proportionate to the number of sureties and to the amount of the bond; which oath shall be indorsed on the bond and subscribed by each of the sureties in the presence of the clerk, who shall, notwithstanding, determine upon the competency of each surety.

§ 929. In the same manner the security shall be renewed within twenty days after the first Monday of January in each year.

§ 930. Whenever a sheriff becomes, and for

given to the thirty days remains, committed to the custody of another sheriff or of a coroner, under any execu

governor.

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