Special deputies.

Sheriff entitled to

treasurer as and in the manner provided by law. The sheriff may also appoint as many special deputies as may be actually necessary to preserve order and protect property in time of riot and other unlawful assemblies, in which event, the reasonable cost and expense thereof, not exceeding for each such special deputy such per diem compensation as shall have been fixed by the board of supervisors, shall be charges upon the county and audited and allowed as other claims against the county are audited and allowed.

§ 11. In addition to the salary specified in section one of this fees in civil act, the sheriff is authorized and entitled to charge, take and re

causes.

Certain charges abolished.

Sheriff

ceive the fees now allowed to sheriffs by law in civil causes and proceedings and paid by litigants or individuals as and for his compensation for services and disbursements rendered therein and his liabilities thereunder and for the services of the undersheriff, deputy and other employees of his office in such causes and proceedings. From and after the first day of January, nineteen hundred and twelve, all charges for calendar fees and filing notes of issue in the said county of Genesee are hereby abolished.

§ 12. The said sheriff shall be allowed and entitled to receive

entitled to his actual expenses and disbursements of himself and of his under

expenses.

Criminal and civil liability

sheriff and deputy sheriffs while traveling within the county of Genesee in the performance of his or their duties in criminal actions, proceedings or matters, not exceeding the sum of two hundred dollars in any one year. And he shall also be reimbursed for necessary traveling expenses, actually incurred by himself, or by his under-sheriff, or any deputy sheriff, while traveling outside the county of Genesee, in the performance of his or their duties in criminal actions, proceedings or matters, including the necessary traveling expenses actually incurred by himself, by his undersheriff or any deputy sheriff while conveying prisoners or juvenile delinquents to their places of confinement, anywhere outside the county of Genesee, in each case where such expenses are now, by law, a county charge, all of which actual and necessary traveling expenses shall be county charges to be audited and allowed by the board of supervisors, in like manner as other charges against the county are audited and allowed.

§ 13. Any officer hereinbefore referred to, who shall receive for his own use, or for the use of another, any fee, perquisite or for afure emolument contrary to the provisions of this act, or who shall for fees be neglect to account for any such fee, perquisite or emolument, by

to account

longing county.

this act declared to belong to the county of Genesee, shall be guilty

of a misdemeanor and shall also be liable to the county in a civil action for any money so received or received for the use of said county and not accounted for and paid to the treasurer of said county pursuant to the requirements of this act.

§ 14. The board of supervisors of the said county shall at its Annual tax annual meeting raise by taxation upon the taxable property of said county all sums of money necessary to carry out the provisions of

this act.

§ 15. All acts and parts of acts inconsistent with this act are hereby repealed in so far as they may affect the county of Genesee, and the said county is hereby excepted from their provisions. § 16. This act shall take effect immediately.

Chap. 95.

AN ACT to amend the county law relative to additional official duties of the district attorney of Niagara county and to provide for his disbursements in the performance of the same.

Became a law May 3, 1911, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

16, § 203

Section 1. Section two hundred and three of article eleven of L. 1909, ch chapter sixteen of the laws of nineteen hundred and nine, entitled amended. "An act in relation to counties constituting chapter eleven of the consolidated laws," is hereby amended so as to read as follows:

§ 203. In Erie, Monroe, Onondaga, Rensselaer, Niagaral and Westchester counties. The district attorney of Erie county may appoint in and for the county of Erie, in the manner provided in the last section, and with like powers, such number of assistants as shall be fixed and determined by resolution of the board of supervisors of Erie county. All of the persons so appointed shall be called assistant district attorneys. Each of said assistant district attorneys shall receive such salary as shall be fixed and determined by said board of supervisors. The district attorney shall designate in the order appointing such assistants the salary which each of such assistants shall receive, subject, however, to the limitations prescribed by such resolution of the board of supervisors.

The three assistant district attorneys and the two deputy assistant district attorneys now in office shall continue to receive the same salaries that are now paid them until the board of supervisors shall by resolution fix and determine the salaries which such assistants and deputies shall receive pursuant to the provisions of this section. Said assistants shall severally take the constitutional oath of office before entering upon the duties thereof; and the district attorney shall be responsible for their acts. Said district attorney may designate, in writing, to be filed in the office of the clerk of said county, one of his said assistants to be the acting district attorney in the absence from said county or other inability of said district attorney; and the assistant so designated shall during such absence or inability of said district attorney perform the duties of the office. Such designation may be revoked by said district attorney in writing, to be filed in said county clerk's office. The district attorney of Monroe county may appoint, in and for the county of Monroe, in the manner provided in the last section, and with like powers, three assistants, to be called respectively, the first, second and third assistant district attorneys, and two deputy assistants, to be called respectively the first and second deputy assistant district attorneys, who shall severally take the constitutional oath of office before entering upon the duties thereof, and the district attorney shall be responsible for their acts. In Monroe county the salaries of the assistant district attorneys and the deputy assistant district attorneys shall be fixed by the board of supervisors as follows: The salary of the first assistant district attorney shall not be less than two thousand dollars per year, payable monthly; the salary of the second assistant district attorney shall not be less than eighteen hundred dollars per year, payable monthly; the salary of the third assistant district attorney shall not be less than sixteen hundred dollars per year, payable monthly; the salary of the first deputy assistant district attorney shall not be less than twelve hundred dollars per year, payable monthly; the salary of the second deputy assistant district attorney shall not be less than seven hundred and twenty dollars per year, payable monthly; and until the salaries of said officials are so fixed by the board of supervisors, they shall be as above stated. The district attorney of Monroe county and his assistants and such deputy assistants shall conduct, on the part of the people, all preliminary examinations in the police court of the city of Rochester, and,

subject to the right of a complainant to appear personally or by attorney, all other prosecutions for crime therein; and may conduct prosecutions therein for violations of the penal ordinances of the said city, and appeals therefrom, and in such event one-half of the salary of such first deputy shall be a charge upon the city of Rochester and assessed back upon said city by the board of supervisors of Monroe county; but the corporation counsel of the said city shall have the power to prosecute any person for the violation of an ordinance and to conduct proceedings therefor, or an appeal therefrom. The district attorney of Onondaga county may appoint in and for said county, in the manner provided in the last section, and with like powers, two assistants, to be called respectively the first and second assistant district attorneys, each of whom shall take the constitutional oath of office before entering upon the duties thereof; and the district attorney of said county shall be responsible for their acts. The district attorney of Westchester county may appoint in and for the county of Westchester, in the manner provided in the last section, and with like powers, two assistants, to be called respectively the first and second assistant district attorney, who shall severally take the constitutional oath of office before entering upon the duties thereof; and the district attorney shall be responsible for their acts; and the salary of each shall be fixed by the board of supervisors. The district attorneys of the counties of Erie, Onondaga and Monroe may also appoint a person to act as interpreter at all sessions of the grand juries of such counties and of the city of Buffalo, whose compensation shall be fixed by the court in and for which such grand jury may be empaneled. The district attorneys of the counties of Erie and Monroe shall each be entitled to receive, in addition to their salary, all costs collected by them in actions and proceedings prosecuted and defended by them. The county judge, or the special county judge, of the county of Monroe, or any supreme court judge, shall have power, on the application of the district attorney of Monroe county, to order and direct the county treasurer of Monroe county to pay to the district attorney any sum of money expended or incurred by him in the performance of his duties in his office, and the county judge of the county of Rensselaer, or any supreme court judge, shall have power, on the application of the district attorney of Rensselaer county, to order and direct the county treasurer of Rensselaer county to pay to the district attorney any sum of money expended or incurred by him in the performance of his duties in his office, and the county judge of the county of Albany, or any supreme court judge, shall have power, on the application of the district attorney of Albany county, to order and direct the county treasurer of Albany county to pay to the district attorney of such county any sum of money expended or incurred by him in the performance of his duties in his office. *The district attorney of Niagara county shall have charge of and conduct on the part of the people all preliminary exantinations in the police courts of the cities of Lockport, North Tonawanda and Niagara Falls, either in person or by his assistant. In lieu of the necessary traveling expenses and other disbursements incurred in the performance of these additional duties, either by himself or his assistant or stenographer, the district attorney of Niagara county shall receive an amount to be fixed by the board of supervisors of Niagara county at not less than one thousand two hundred dollars per annum, payable monthly by the county treasurer of Niagara county. Until such amount is so fixed by the board of supervisors it shall be as above stated.

§ 2. This act shall take effect immediately.

L. 1909, ch. 30, § 120, subd. 4 amended.

Chap. 96.

AN ACT to amend the highway law, in relation to the course and description of state route number four.

Became a law May 3, 1911, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Route four,1 constituting the subdivision thus designated, of section one hundred and twenty of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," is hereby amended to read as follows:

Route 4. Commencing at a point to be determined by the commission on route number three, running thence through Orange county by the way of Middletown to a point to be determined by the commission, on the dividing line between Sullivan and Orange counties, running thence westerly and northerly through Sullivan