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clothing, or anything of value whatsoever is guilty of a misdemeanor. Pen. Code, $ 570, as am'd L. 1886, c. 654. See also Fraud ; Inns, etc., $ 17; Larceny, SS 1, 2, 17. . For earlier laws on this subject see 2 R. §. p. 677, $ 58.
Law, $ 28.
c. 40, as amended. See Birdseye's R. S. p. 1881. Now under Business Corporations
FARMERSVILLE, Town OF.
FARMINGTON, Town OF.
FATHER. See Relationship.
FAT RENDERING. See Domestic Commerce Law, SS 380-38c.
FAYETTE, Town OF.
FEEBLE-MINDED. CHILDREN AND OTHER PERSONS; see Idiots; Insanity Law, 8 60; State Charities Law.
FEES. 1. Taking fees not allowed by law. Each clerk of a court must perform all the duties required of him, in the course and practice of the court, without fee or reward, except as expressly prescribed by law. Each public officer, upon whom a duty is expressly imposed by law, must execute the same without fee or reward, except where a fee or other compensation therefor is expressly allowed by law. An officer or other person, to whom a fee or other compensation is allowed by law, for any service, shall not charge or receive a greater fee or reward, for that service, than is so allowed. Code Civ. Pro., § 3280. 12 Daly, 357. 74 Hun, 251; 64 id. 375; 46 N. Y. St. R. 458, 470; 47 id. 928; 19 N. Y. Supp.
642, 773; 20 id. 280; 23 How. Pr. 326. 2 Taking fees for services not rendered. An officer, or other person, shall not demand or receive any fee or compensation, allowed to him by law for any service, unless the service was actually rendered by him; except that an officer may demand in advance his fee, where he is, by law, expressly directed or permitted to require payment therefor, before entering the service. Code Civ. Pro., § 3281.
3 Violations of last two sections. An officer or other person, who violates either of the provisions contained in the lust two sections, is liable, in addition to the punishment prescribed by law for the criminal offence, to an action in behalf of the person aggrieved, in which the plaintiff is entitled to treble damage3. Code Civ. Pro., § 3282. 19 Daly, 357.
4 Accounting for fees by clerk of court of appeals. The clerk of the court of appeals must, within ten days after the first day of January, and after the first dav of July, in each year, render to the comptroller an accurate account, under oath, of all fees received by him for his official services, since the last account was rendered; and must pay the same into the treasury of the state. Code Civ. Pro., § 3283.
5 Code Civ. Pro., $ 3284, relating to the fees of the clerks of court of common pleas of the city and county of New York, and of the New York superior court and the city court of Brook. lyn, was repealed by L. 1895, c. 946, $ 2.
6 Same, by county clerk or register. Except as otherwise specially prescribed by law, each county clerk or register, who receives a salary, must account for, under oath, and pay to the treasurer of his county, in the manner prescribed by law, all fees, perquisites, and emoluments, received by him, for his official services. Code Civ. Pro., § 3285.
7. What fees to be included in account. Where a public officer is required, by law, to keep an account of, or to pay over, the fees or other moneys, received by him for official services, he must include therein all sums, received by him, to which he was entitled, by reason of any act, performed by him in his official capacity; whether the act did or did not pertain to his office, or to the business thereof. Code Civ. Pro., § 3286.
8 Fees of certain officers to be taxed upon demand. Each county clerk or register of deeds, who claims any fees by virtue of his office; and each sheriff or coroner who upon the collection of an execution, or the settlement, either before or after judgment, of an action or a special proceeding claims any fees, which have not been taxed; must upon the written demand of the person liable to pay the same cause them to be taxed within the county, upon notice to the person making the demand by a justice of the supreme court, or the county judge. After such a demand is made, the officer can not collect his fees until they have been so taxed. Code Civ. Pro., § 3287, as am'd L. 1895, c. 946. 3 Daly, 256; 72 N Y. 437; 26 Hun, 356; 31 id. 609; 46 id. 432; 20 Abb. N. C. 59; 5 N. Y.
Supp. 312; 5 Civ. Pro. 241; 34 N. Y. St. R. 425; 12 id, 185. 9 Witness fees, who not entitled to. A party to an action or a special proceeding is not entitled to a fee, for attending as a witness therein, in his own behalf, or in behalf of a party who pleads jointly, or is united in interest, with him; and an attorney or counsel, in an action or a special proceeding, is not entitled to a fee, for attending as a witness therein, in behalf of his client. Code Civ. Pro., § 3288. 16 How. Pr. 91; 30 id. 7; 7 Abb. Pr. 74; 8. c. 1 Bosw. 655; 2 Sandf. 669.
10 Fees for administering official oaths. An officer is not entitled to a fee, for administering the oath of office to a member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or any town officer; or to more than ten cents, for administering an official oath to any other officer. Code Civ. Pro., 8 3289.
11 For searches, etc., required by certain officers. Each of the following officers, to wit: the secretary of state, the comptroller, the treasurer, the attorneygeneral, and the state engineer and surveyor, may require search to be made, in the office of either of the others, or of a county clerk, or of the clerk of a court of record, for any record, document, or paper, where he deems it necessary for the discharge of his official duties, and a copy thereof or extracts therefrom, to be made and officially certified or exemplified, without the payment of any fee or charge. Code Civ. Pro., $ 3290.
12 Officer may charge fees paid by him for oaths, etc. Where an officer or other person is required, in the course of a duty imposed upon him by law, to take an oath, to acknowledge an instrument, to cause an instrument to be filed or recorded, or to transmit a paper to another officer, he is entitled, in addition to the fees, or other compensation for the service, prescribed by law, to the fees necessarily paid by him, to the officer who administered the oath, or took the acknowledgment, or filed or recorded the instrument; and to the expense of transmitting the paper, including postage, where the transmission is lawfully made through the post-office. Code Civ. Pro., § 3291.
13 Fees of officer transmitting papers. Each provision of this act, requiring a judge, clerk, or other officer to transmit a paper to another officer, for the benefit of a party, is to be construed as requiring the transmission only at the request of the person so to be benefited, and upon payment by him of the fees allowed by law for the paper transmitted, or any copy or certificate connected therewith, and the expenses specified in the last section. Code Civ. Pro., § 3292..
14 Refusal of newspaper to publish for legal fees. If the proprietor of each newspaper, published in a city or county, in which any notice, order, citation, or other paper is required by law to be published, refuses to publish the same, for the fees prescribed by law for the publication, it may be published in the newspaper, printed at Albany, in which legal notices are required by law to be published. If it is required by law to be published in that newspaper, and also in another newspaper published in a city or county, and the proprietor of each newspaper in that city or county refuses to publish it for the fees so prescribed, it may be published in the newspaper, published nearest to the place, where a person is required to appear, or where an act is to be done, pursuant thereto, the proprietor of which will publish the same, for those fees. Publication, made as prescribed in this section, is as valid, as if it was made in the city or county, where the publication thereof is so required by law. Code Civ. Pro., $ 3293.
15 Affidavit of refusal, etc. Where publication is made, as prescribed in the last section, elsewhere than in the city or county where it is otherwise required by law to be made, the affidavit of publication must either be accompanied with an affidavit, or contain a statement, to the effect that an application to publish the advertisement was, before such publication, made to the proprietor of each newspaper published in the city or county; that the amount of the legal fees for such publication was at the same time tendered; and that the application was refused. Such an affidavit is presumptive evidence of the facts stated therein. Code Civ. Pro., § 3294.
16 Audit of fees chargeable to state. Where the fees or other charges of an officer are chargeable to the state, they must be audited by the comptroller, and paid on his warrant, except as otherwise specially prescribed by law. Code Civ. Pro., § 3295.
17. Fees for publication. Except as otherwise specially prescribed by law, the proprietor of a newspaper is entitled, for publishing a summons, notice, order, citation, or other advertisement, required by law to be published, other than the session laws, for each folio, to seventy-five cents for the first insertion, and fifty
cents for each subsequent insertion. The compensation, for publishing the session laws, must be fixed by the board of supervisors, at not more than fifty cents for each folio. Code Civ. Pro., § 3317. 36 Hun, 620; 36 N. Y. St. R. 879; 13 N. Y. Supp. 822.
18 Special provisions not affected. The allowance of a fee, by this title,* does not apply to a case, where special provision is otherwise made by statute for compensation for a particular service. Code Civ. Pro., § 3330.
19 Fees, when computed by former statutes. Where an officer has, when hist title* takes effect, commenced the performance of a service, for which a fee is allowed by the statutes heretofore in force, he is entitled to the fee so allowed, for the completion of that service, and he is not entitled to the fee for the same, or a corresponding service, allowed by this title.* Code Civ. Pro., § 3331. 90 N. Y. 521; 18 W. D. 58; 27 Hun, 229.
20. Foregoing provisions not applicable to criminal cases. Except as otherwise expressly prescribed therein, this title* does not apply to a service rendered in a criminal action or special proceeding, in a court, or before an officer. Code Civ. Pro., § 3332.
21 Fees, how audited and paid. The fees hereint allowed for services, except those which by law are otherwise provided for, shall be county charges, and shall be audited by the board of supervisors of the county, in which such services are rendered, and shall be paid in the same manner as other contingent charges of the county. 2 R. S. 753, § 12.
See Evidence, S$ 140, 141.
22 Certified copy of order for additional witness fees. The clerk of the court by which such order shall be made, shall immediately make out and deliver a certified copy thereof to the person in whose favor the same is made, without exacting any fee for such service. Id., § 14. See Evidence, 8 140. § 15 repealed by L. 1886, c. 593, § 1, s 4 (2), and § 16 by L. 1892, c. 677.
23 Taking illegal fees in criminal cases. The provisions of law prohibiting the taking of any fees for services in civil cases, other than such as are allowed by statute, shall apply to the taking of fees for services in criminal cases beyond the amount allowed by law for such services. Id., § 17.
2 Den. 29. Acts have been passed regulating the fees of certain local officers, but it has seemed best only
to give the chapter and year of such acts: As to fees in New York city see L. 1882, c. 410. $ 56. As to fees of county clerk of New York see id., § 1723, and L. 1884, cs. 295 and 298. As to fees of register of the city and county of New York see L. 1884, c. 531. As to clerk of Erie county see L. 1885, c. 502; L. 1891, c. 149. As to clerk of Monroe county see L. 1886, c. 195. Ås to clerk of St. Lawrence county see L. 1887, c. 392. As to clerk of Kings county see L. 1865, c. 713; L. 1871, c. 374, and County Clerk, $ 1651. As to fees of sheriff of city and county of New York on sales of real estate see L. 1882, c. 410, $ 1088. As to Kings county see L. 1876, c. 439, am'd L. 1889, c. 167, and Sheriff, S 29.
IN ACTION IN FORMA PAUPERIS; see Parties, SS 16, 20.
Town Law, $ 146.
OF VETERINARIES; see Public Health Law, SS 174-179c.
* Code Civ. Pro., SS 3296–3332. So in original. See Sheriff, $ 31.
FOR CAPTURING PRISONERS VIOLATING PAROLE; see Prisons, S 80.
IN GENERAL; see Courts, SS 49–51; Evidence, S 83.
FOR SERVICES IN NATURALIZING ALIENS, ETC.; see Naturalization, $ 1.
APPOINTED TO LAY OUT OR ALTER ROADS; see Highway Law, SS 83, 92, 95; Villages,
Law, SS 6, 134; Villages, SS 180 (subd. 6), 196.
FOR OTHER STATES AND COUNTRIES; see Executive Law, $ 89.
Tax Law, $ 237. OF CONSTABLES; see Constable; Distress, SS 14, 15; Justices' Courts, SS 116, 227, 228, 254,
270, 280; Prisons, $ 191; Supreme Court, $ 25; Tax Law, $ 258. For CONVEYANCE OF JUVENILE DELINQUENTS; see Prisons, $ 149. FOR COPIES OF DEPOSITIONS TAKEN ON CRIMINAL INFORMATION OR EXAMINATION; see
Commitment, $ 19. FOR COPY OF MANDATE BY WHICH PRISONER IS DETAINED; see Habeas Corpus, SS 14, 60. OF CORONERS; see Coroners, SS 11, 33, 35, 38. BY CORPORATION FOR FRANCHISE LICENSE; see Corporations, S 16a. OF COUNSEL; see Assignments for Benefit of Creditors, $ 26; Attorneys, etc.; Board of
Claims, $ 16; Counsel; Costs, $ 9; Executive Law, 8 55; Parties, $ 22; Villages,
$ 180, subd. 6. OF COUNTY CLERKS; see Agency; Assignments for Benefit of Creditors, $ 22; Bill of
Sale, $ 4; Chattel Mortgages, S$ 6, 9; Cities, $ 37; Corporations, 8 6; Costs, S 36; County Law, $$ 161, 164, 1659, 165k, 1651, 237; Dental Societies, $ 3; Evidence, SS 83, 99, 102, 103; Executions, $ 80; Horses, $ 30; Insurance Law, $ 6; Legislative Law, $ 49; Mechanics' Liens, ss 18, 34; Medical Societies, $7; Partnership, ss 27, 33; Public Health Law, S 179a ; Real Property Law, $ 270e ; State Funds, s 163; Sur
rogates' Courts, $ 77; Timber, $ 16; Wills, $ 57. OF COUNTY TREASURERS; see County Law, 1496; Liquor Tax Law, S 14; Military
Code, $ 128; Tax Law, SS 80, 91, 237, Ix COURTS OF SPECIAL SESSIONS; see Justices' Courts, S 290. OF CRIERS; see Supreme Court, $ 26. Is CRIMINAL CASES PAYABLE BY TOWN OR CITY; see Town Law, $ 165. FOR DELIVERING NOTE OF STRAYED ANIMALS; see Town Law, S'124. FOR DIPLOMAS FROM DENTAL SOCIETIES; see Public Health Law, $ 162. DISPOSITION OF, PAID BY NOTARIES PUBLIC; see Executive Law, S 84. OF DISTRICT ATTORNEYS; see County Law, & 230; Evidence, S 118. OF ELECTION OFFICIALS; see Election Law, § 18. FOR EXCISE LICENSES; see Liquor Tax Law. OF EXECUTORS AND ADMINISTRATORS; see Executors, etc., § 93. OF FENCE VIEWERS; see County Law, $ 118; Distress, $S 3, 4, 6, 7, 13; Drainage, $ 42;
Town Law, SS 104, 125, 126, 128. OF FIRE WARDENS; see Fisheries, etc., Law, $ 278. OF HARBOR-MASTERS; see Albany, ss 16–18. OF HEALTH OFFICER; see Public Health Law, $ 130. OF HIGHWAY COMMISSIONERS; see Highway Law, S 13; Town Law, SS 129, 178. ISCLUDED IN Costs OF PREVAILING PARTY; see Costs, SS 2, 3, 15, 17, 19, 50, 51, 54; Dis
covery, $ 5; Highway Law, 8 141; Justices' Courts, SŚ 278, 281; Partition, SS 24,
48; Supplementary Proceedings, $ 24. INCLUDED UNDER COUNTY CHARGES; see County Law, $ 230. FOR IssuinG OR SERVING SUBPENA; see Evidence, S$ 116, 118; Town Law, $ 169. JAIL; see Insolvency, 8 67; Jails, SS 4, 6. OF JUDGES GENERALLY; see Constitution, 91; Judges, $ 6. OF JCRORS; see Coroners, S 36; Highway Law, 88 83, 118; Insanity Law, $ 140; Justices'
Courts, $ 280; Sheriit, 8'14; Town Law, $ 178a'; Trials, Ss 219–223, 367.