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county officers and the county courts of said county, it shall be a sufficient posting of all notices and papers now required by law to be posted on the outer door of the court-house in said county, that the same be posted upon bulletin boards to be placed in the vestibule of said city and county hall.

L. 1881, Chap. 654 – An act to grant relief to the sureties of trustees,

committees and guardians appointed by or accountable to the supreme or to any county court of the state.

Sureties may be relieved from further liability. SECTION 1. The surety or sureties of any trustee, committee or guardian appointed by or accountable to the supreme court may by said court at special term, on good cause shown, be relieved from liability as surety or sureties for the acts or omissions of the trustees, committee or guardian occurring after the date of the order relieving the surety or sureties: And the surety or sureties of any trustee, committee or guardian appointed by, or accountable to, a county court shall, by said court, on good cause shown, be relieved from liability as surety or sureties for the acts or omissions of the trustee, committee or guardian occurring after the date of the order relieving the surety or sureties, upon the following conditions.

Application for relief, how made. 8 2. Application for such relief may be made by any surety or sureties or his or their representatives, upon a verified petition, setting forth the particulars of the trust, the names and residence of all persons interested in the trust, and if they are under age, the age of such, and the reason for seeking relief. The petition may be supported by additional proof.

Notice of. § 3. At least ten days' notice of the time when, and the court at which, the petition will be presented, with a copy of the petition and proofs in support thereof, shall be personally served upon the trustee, committee or guardian, and upon all persons interested in the trust, except persons residing out of the state, and upon such persons the notice and the manner in which it shall be given shall be prescribed by the court in each case.

Accounting. 8 4. If sufficient cause be shown, the trustee, committee or guardian shall be ordered to account before the court or a referee, and upon the trust fund or estate being found, or made good and paid over or properly secured the surety or sureties shall be discharged.

New security. 85. The court may require the trustee, committee or guardian to give new security as upon his or their appointment as now provided by law for the faithful discharge of his duties, and in case of failure so to do, discharge such trustees, committee or guardian and appoint a new one.

Injunction pending proceedings. 86. The court in which the proceedings are instituted, or a judge or justice thereof, may, by order, restrain the trustee, committee or guardian from acting pending proceedings, upon it being made to appear to the satisfaction of such court, judge or justice, that the rights of any party are endangered, or about to be endangered, by such trustee, committee or guardian.

Where proceedings had. 87. Proceedings under this act in the supreme court shall be had in the judicial district in which the trustee, committee or guardian resides; or, if there be more than one trustee, committee or guardian, in the judicial district in which some one of them resides. Proceeding in a county court shall be had in the county in which the trustee, committee or guardian was appointed.

[See L. 1887, ch. 372, ante, p. 401, requiring bonds of officers, trustees, etc., to be recorded.]

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CHAPTER IX.

OF THE WRIT OF HABEAS CORPUS; OF WRITS OF

ERROR, APPEALS, INFORMATIONS AND PROCEED-
INGS COMMENCED BY ANY SPECIAL WRIT.

TITLE 1.-OF THE WRITS OF HABEAS CORPUS AND CERTIORARI, IN

CERTAIN CASES.
TITLE II.-OF PROCEEDINGS BY SCIRE FACIAS, BY INFORMATION IN

CERTAIN CASES, MANDAMUS, PROHIBITION AND AD QUOD

DAMNUM.
TITLE III.—OF WRITS OF ERROR, AND APPEALS.

This entire chapter repealed by L. 1880, ch. 245.)

CHAPTER X.

OF COSTS, AND THE FEES OF OFFICERS.

[612]

TITLE 1.—OF THE CASES IN WHICH COSTS MAY BE RECOVERED, AND IN

WHICH DOUBLE COSTS MAY BE ALLOWED.

(Repealed.) TITLE II.-OF SECURITY FOR THE PAYMENT OF COSTS.

[Repealed.)
TITLE III.-OF THE FEES OF CERTAIN OFFICERS.

[Supplementary Title.
TITLE 34.-Of the fees of certain officers, and acts

allowing salaries instead of fees to par

ticular officers.) TITLE IV.-GENERAL PROVISIONS CONCERNING THE FEES OF OFFICERS

AND PERSONS TO WHOM ANY ALLOWANCE IS MADE FOR

SERVICES.
TITLE V.-OF THE TAXATION OF COSTS.

[Repealed.)
TITLE I.

TITLE I. Of the Cases in which Costs may be recovered, and in which double Costs may (618-618].

be allowed. [This entire title repealed by L. 1880, ch. 245.]

L. 1832, Chap. 246_An act concerning costs in certain suits brought in

the name of the people, (Sections 1 and are omitted

temporary and local.) Costs in suits brought in the name of the state. g 3. In all suits which may be commenced after this act takes effect, in the name of the people of this state, where the debt, damages or sum of money in controversy, if recovered, will not belong to the treasury of this state, the costs of prosecuting such suit, or defending where the defendant succeeds in his defence, shall not be a charge against the state treasury; but such costs, if the suit shall be brought for a debt, damages or sum of money, or where the matter in controversy, if recovered, will belong to any particular county, city, town or village, shall be a charge against such county, city, town or village.

[See Code Civ. Proc., g 3243.]

L. 1855, Chap. 202-An act to extend the provisions of the Code of Pro

cedure to forfeited recognizances. [Sections 1 and 2 were repealed by L. 1880, ch. 245.)

Pees where not chargeable. 8 3. In no case whatsoever, upon proceedings upon forfeited recognizances, shall any fees or costs whatsoever be chargeable to the mayor, commonalty, aldermen or supervisors of the city and county of New York, by the officer prosecuting the same.

TITLE 2.

TITLE II.

Of Security for the Payment of Costs. [This entire title was repealed by L. 1880, ch. 245.]

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[blocks in formation]

(622)

Clerk's
fees.
37 N. Y.,
383.

Notaries public.

Of the Fees of certain Officers.
SEC. 1. Clerk's fees in the court for the trial of impeachments.

2-40. (Repealed.)
41. Fees of notaries public.
42. Fees of canal commissioners, etc.
43-50. (Repealed.]

51. Fees of attorney-general.
For the following services, hereafter done and performed in the
several courts of law and equity in this state, by the officers thereof,
or in any proceeding authorised by law, the following fees shall be
allowed.

IN THE COURT FOR THE TRIAL OF IMPEACHMENTS.
SECTION I. The Clerk's Fees.
For reading and filing articles of impeachment, twenty-five cents:
For summoning members to organize the court, five dollars :
Entering the sentence of the court, one dollar.

And for reading and filing any petition, answer, affidavit or other paper; for drawing and entering rules and orders, entering defaults, engrossing pleadings, orders or papers; the same fees as are herein after allowed to him as clerk of the court for the correction of errors :

And for any service rendered by him, for which no provision shall be made by law, such fee as the court shall direct. [Sections 2 to 40 were repealed by L. 1880, ch. 245.] § 41. Fees of Notaries Public.

For drawing and copy of protest of the non-payment of a promissory note or bill of exchange, or of the non-acceptance of such bill, twenty-five cents:

For drawing and copy of every other protest, seventeen cents for every folio; and for sealing the same, twenty-five cents:

For drawing, copy, and serving every notice of non-payment of a bill or note, or non-acceptance of a bill, twenty-five cents:

For drawing and copy of any affidavit or other paper or proceeding, for which provision is not herein made, the same fees as are allowed to attornies in the supreme court, for drafts and copies. $ 42. Fees of Canal Commissioners, and other Public Officers, for

the services herein specified. For drawing and copying any lease or deed, to be executed by them or any of them, in cases where the payment of such service is required by law to be made by the lessee or grantee, and no provision is made by law for such service, the same fees as are allowed to attornies in the supreme court, for drawing and copying pleadings, not to exceed three dollars; but such fees shall not be charged to the people of this state, in any case, unless specially directed by law. [Sections 43 to 50 were repealed by L. 1880, ch. 245.] § 51. Fees of the Attorney-General.

The attorney-general shall be allowed at the rate of five dollars per day, for his services on occasions where he may attend on behalf of the people of this state, without the state of New York;

(848) Canal com missioners &c.

Attorney. general's fees.

and he shall be allowed all charges for expenditures and disburse- TITLE.3. ments, necessarily incurred by him, in or about the prosecution or defence of any action, right or claim, in which the people of this state may be interested, to be audited and allowed by the comptroller.

[2 R. L., 21.]

[Supplementary Title.)

TITLE 34.

Of the Fees of certain Officers, and Acts allowing Salaries instead of Fees to particular Officers. L. 1837, Chap. 476- An act to restrict and equalize certain fees of nota

ries public, Fees of notaries on protests ; their duty. SECTION 1. It shall not be lawful for any notary public, directly or indirectly, to demand or receive for the protest for the non-payment of any note, or for the non-acceptance or non-payment of any bill of exchange, check or draft, and giving the requisite notices and certificates of such protest, including his notarial seal, if affixed thereto, any greater fee or reward than seventy-five cents for such protest and ten cents for each notice, not exceeding five, on any bill or note; and it shall be the duty of such notary to affix his seal to such protest free of expense, except as herein provided, whenever he shall be requested to do so; and he shall also give a certificate under his seal free of expense, except as aforesaid, under the provisions of the eighth section of the act entitled “ An act relative to proceedings in suits commenced by declaration and for other purposes," passed April twenty-ninth, eighteen hundred and thirty-three. [Thus amended by L. 1865, ch. 356.]

[Section 2, which repealed a portion of L. 1835, ch. 307, was repealed by L. 1882, ch. 402.]

L, 1846, Chap. 189– An act in relation to the fees of county treasurers.

Boards of supervisors to fix compensation; commission upon state tax; limitation of act. SECTION 1. The several county treasurers of this state shall hereafter receive for their services, instead of the fees now allowed by law, such compensation as shall be fixed by the respective boards of supervisors of their respective counties, not exceeding the half of one per cent for receiving, and the half of one per cent for disbursing all moneys belonging to their said counties respectively. In addition to such compensation so fixed as aforesaid, they shall be entitled to retain a commission of one per centum on every dollar belonging to the state which they shall receive and pay over, to wit: one-half of one per centum for receiving, and onehalf of one per centum for disbursing, but in no case to exceed the sum of five hundred dollars. This act shall not apply to the counties of New York, Kings, Albany, Otsego, Onondaga, Erie and Westchester. [Thus amended by L. 1871, ch. 110.] 33 Hun, 221.

Counties excepted. 8 2. This act shall not extend to, or in any way apply to the city and county of New York, nor to the county of Kings.

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