L. 1853, Chap. 142 – An act to regulate the fees for searches in the office of the clerk of the city and county of New York.

[See Code Civil Proc., § 3305.]

Clerk's fees authorized. SECTION 1. The clerk of the city and county of New York shall be entitled to charge and receive for his services, in addition to his salary, in making searches in his office, as follows:

For searching the dockets of judgments and decrees, and transcripts of judgments and decrees, fifteen cents per year;

For searching all other matters of record he may be required to search for, five cents per year respectively;

For returning in his search any judgment or other matter of lien, five cents each.

Retention of fees by clerk. § 2. It shall be lawful for the clerk of the city and county of New York to retain to his own use the fees specified in this act. [Sections 3 and 4 appertain to local matters, other than fees.]

L. 1884, Chap. 299-An act in relation to the office of the clerk of the city and county of New York.

Acts to remain in force till end of term of present clerk. SECTION 1. All the provisions of law now in force regulating and governing the salary, fees, perquisites and emoluments of the clerk of the city and county of New York, now in office, shall remain in full force and effect until the expiration of his present term of office or until the appointment or election of his successor.

Salary. § 2. Hereafter and upon the election or appointment of a successor to the clerk now in office, there shall be allowed to the clerk of the city and county of New York a salary at and after the rate of fifteen thousand dollars a year as his compensation, which shall be in lieu of all fees, perquisites and emoluments for discharging the duties of county clerk and for the performance of any other duty prescribed by law, directly or indirectly, for said clerk, or which he may perform by virtue of that office.

Fees, etc., to be collected and accounted for. § 3. On and after the first day of January, eighteen hundred and eighty-six, or at any time prior to that date, and upon the election or appointment of a successor to the clerk now in office, all the fees, perquisites and emoluments, including fees for searches, to which the clerk of the city and county of New York may be entitled by virtue of his office, or which he may receive for any or all official services rendered by him or by any of his assistants, clerks, employees or subordinates, shall belong to and be for the benefit of the city and county of New York, and shall be collected by such clerk and accounted for and paid over monthly into the treasury of the said city and county.

Searching fees of county clerk. § 4. The fees for searching in the office of the said clerk shall be as follows: For searching the dockets of judgments and decrees, and transcripts of decrees, ten cents per year. For searching the dockets of notices of pendency of action, five cents per year. For searching the dockets of all other liens, five cents per year, respectively. For returning upon his search any judgment or other matter of lien, five cents for each return. [Thus amended by L. 1886, ch. 235, § 1.]

Searches, when to be made; liability for errors; additional charges in certain cases. § 5. It shall be the duty of said clerk, on the receipt of any order directing searches in his office to be made, to cause the same to be made without delay, and to certify the correctness of his return within ten days from the receipt of the requisition therefor; and he shall be held legally liable for all damages resulting from errors, inaccuracies or mistakes in his return certified by him in pursuance of this act or any section thereof. And in the event of an order call

ing for a return by the said clerk at a date prior to the expiration of ten days from the receipt by him, said clerk shall direct the said search to be made by one of the searchers appointed by him for that purpose, and shall certify the correctness of the return thereon and deliver the same at the time designated on such search, and said clerk shall charge and collect for such search, in addition to the fees prescribed in the fourth section of this act, an additional charge of one-half of such fees, which additional fees are to be included in the account of fees provided for by the seventh section of this act and accounted for and paid over into the treasury of the city and county of New York as provided for by the third section of this act, except the actual expenses incurred by the said county clerk to meet the payments required in carrying out the provisions of this section and which shall be without additional costs to said city and county or any additional payments to said clerk. [Thus amended by L. 1886, ch. 235, superseding L. 1885, ch. 285.]

Official bond. § 6. The said clerk shall, before entering upon or assuming the duties of his office, give a bond to the people of the state of New York in the sum of twenty-five thousand dollars, with not less than two sufficient sureties, to be approved by the comptroller of the city of New York, conditioned that he will faithfully discharge the duties of his office and all trusts imposed on him by law by virtue of his office. In case of any official misconduct or default on the part of said clerk, or in case any person or corporation is injured or damaged by reason of any errors, inaccuracies or mistakes in a return of a search certified as correct by the said clerk, an action upon such bond may be begun and prosecuted to judgment by the attorney-general, who shall, after first paying therefrom the expenses of the litigation, cause the proceeds of such judgment to be paid over, as shall be lawful and equitable, to the person or corporation injured or damaged by such official misconduct or by reason of any such error, inaccuracy or mistake in a certified return of a search. The said bond shall be filed in the office of the comptroller of the city of New York.

[See also, ante, p. 2630.]

Account of fees, etc., to be kept, and what to show. § 7. It shall be the duty of the clerk to keep an exact account in a book or books, to be provided for that purpose at the expense of the people of the city of New York, of all fees, perquisites and emoluments actually received by such officers, respectively, for any service done by him or his assistants, in his or their official capacity, by virtue of any law of this state; and of all fees, perquisites and emoluments which such clerk shall be entitled to demand and receive from any person for any service rendered by him in his official capacity pursuant to law. Such books shall show when and for whom every such service shall have been performed, its nature and the fees chargeable therefor; and shall, at all times during office hours, be open to the inspection, without any fee or charge therefor, of all persons desiring to examine the same; and they shall be deemed a part of the records of the office in which they shall be kept, and shall be preserved therein as other books of records

are.

Transcript of such account to be made, etc. § 8. A transcript of such accounts, to be made in such form as shall be prescribed by the comptroller of the city, shall be transmitted by such officer for each calendar month, and within ten days from the expiration thereof, to the comptroller, which shall be verified by the oaths of such officer, or by his assistant; which transcript shall contain a statement of all moneys received by such officer for fees, perquisites and emoluments, for services. done by him or his assistants, in his or their official capacity, by virtue of any law of this state since making the last preceding transcript and return, specifying the total amount received from each person and the name of each person; and also a statement of the fees, perquisites and emoluments which such officer or his assistants shall be entitled to demand from any person for services rendered in his or their official capacity by virtue of any law of this state since making the last preceding return, which shall have been made by such officer, specifying the

amounts chargeable to such person, the names of such persons and the character of the service rendered. And the verification of every account, so transmitted to such comptroller, shall be positive and not upon information and belief.

Penalty for not accounting for and paying over all fees, etc. § 9. Any officer referred to in this act who shall receive to his own use or neglect to account for any fees, perquisites or emoluments by this act declared to belong to and be for the benefit of the city and county of New York, or shall neglect to render to the said comptroller an account of the fees accruing at his office, or to pay over the same as herein required, shall be deemed guilty of a misdemeanor and punishable with a fine of not less than five hundred dollars nor exceeding five thousand dollars or imprisonment in the penitentiary for a period not less than three months nor exceeding one year, or both, at the discretion of the court before whom said officer may be convicted, and in addition shall forfeit any sum that may be due to him on account of his salary, and shall be liable to the said city and county in a civil action for all moneys so received and not accounted for and paid over into the treasury of said city and county, pursuant to the requirements of this act. [Section 10 repeals inconsistent provisions.]

L. 1885, Chap. 502-An act to make the office of county clerk of Erie county a salaried office and regulating the management of said office.

Salary to be fixed by board of supervisors. SECTION 1. Upon the election of a successor to the clerk of the county of Erie, now in office and thereafter to be elected, such clerk shall receive, as compensation for his services, an annual salary to be fixed by the board of supervisors of said county prior to the election of every such clerk; the salary so fixed shall be five thousand dollars per annum, and shall not be increased or diminished during the term for which any such clerk shall have been elected.

Salary to constitute whole compensation. § 2. The salary so fixed shall constitute the whole compensation which shall be allowed or paid to or received by said clerk for all official services performed by him for the state, for the county and for individuals, or which he shall be required or authorized by law to perform by virtue of his office as such clerk. It shall be the duty of said clerk to perform all services which he is or shall be required or authorized by law to perform by virtue of or by reason of his holding such office, including his duties as clerk of every court of which he is or shall be clerk, and no compensation, payment or allowance shall be made to him for his own use for any of such services except the salary aforesaid.

All fees to belong to Erie county; amount of fees chargeable. § 3. From and after the thirty-first day of December, eighteen hundred and eighty-five, all the fees, emoluments and perquisites which such clerk shall charge or receive, or which he shall legally be authorized, required or entitled to charge or to receive, shall belong to the county of Erie. It shall be his duty to exact, collect and receive for said county, for making the necessary searches required by section seven of chapter two hundred and seventy-five of the laws of eighteen hundred and eighty, and the several acts amendatory thereof and supplementary thereto, for searching and certifying the title to and incumbrances upon real property for each year during the last ten years or fraction thereof, for which the search is made, for each name and each kind of conveyance or lien, five cents; for each year prior to the last ten years for which search is made, for each name and each kind of conveyance or lien, two cents; such compensation, however, in no case to be less than one dollar and fifty cents, nor more than ten dollars. It shall also be his duty.to exact, collect and receive for said county for all other searching and certi

fying the title to, and incumbrances upon real property, for each year during the last ten years or fraction thereof for which the search is made, for each name, and each kind of conveyance or lien, five cents; for each year prior to the last ten years for which the search is made, for each name and each kind of conveyance or lien, two cents; provided, however, that such charge shall in no case be less than one dollar. And it shall also be his duty to exact, collect and receive the full amount allowed by law of all such other fees, emoluments and perquisites for said county, and such clerk shall require payment in advance for recording all papers left with him for record, and also in each case require payment for all other services rendered by him or his assistants, in his or their official capacity, by virtue of any law of this state, as soon as the amount chargeable therefor can be ascertained, and before such service shall be completed. [Thus amended by L. 1887, ch. 125.]

Accounts to be kept by clerk. § 4. Such clerk shall keep in his office, in a proper book or books to be provided for that purpose at the expense of said county, an exact and true account of all official services performed by him or his assistants, and of all fees, perquisites and emoluments received or chargeable by him or them pursuant to law; such book or books shall show when and for whom every such service shall have been performed, its nature and the fees chargeable therefor, and shall at all times during office hours be open to the inspection, without fee or charge therefor, of all persons desiring to examine the same, and shall constitute a part of the records of said office.

Monthly statement to be transmitted to county treasurer. § 5. Such clerk shall transmit to the treasurer of said county for each calendar month and within five days from the expiration thereof, a statement of all moneys received each day by him or by his assistants for fees, perquisites and emoluments for all services rendered by him or them in his or their official capacity. Since making the last preceding statement said statement shall specify in the following order the amount so received:

For recording deeds.

For recording mortgages.

For recording other documents and papers.

For docketing judgments and cancelling dockets.

For searches and certificates thereof.

For copies and exemplifications of papers and records.

For filing papers.

And for all other services classified as far as possible, and shall also show the total receipts for said month. Every such statement shall have attached thereto an affidavit of said county clerk, in effect that the same is in all respects a full and true statement as herein required, which affidavit shall be positive and not upon information and belief.

Payments to treasurer. § 6. At the time of rendering every such statement such clerk shall pay over to the treasurer of the county of Erie for the benefit of said county the whole amount of the moneys so received by him since making the last preceding monthly statement.

Official bond. § 7. Every county clerk elected or appointed in said county shall, before entering upon the duties of said office, execute to the people of this state and file with the county treasurer of said county a bond in such penal sum and with such sureties as shall be fixed and prescribed by the board of supervisors of said county. Such bond shall be conditioned that said county clerk shall well and faithfully discharge all the duties of his office and all trusts imposed on him by law or by virtue of his office, and shall safely keep and pay over to the said county treasurer, as herein provided, all moneys which shall come into his hands. Said bond shall be approved as to its form and sufficiency of sureties by the chairman of the board of supervisors and county judge of said county, and whenever the board of supervisors of said county shall require such bond to be re

newed, it shall be renewed and filed as aforesaid within twenty days after the principal named therein shall be notified of such requirement; and if any such clerk shall neglect for thirty days to execute, renew or file any such bond according to the provisions of this act, his office shall thereupon become vacant.

Assistants; salaries; work paid for by piece or folio. § 8. The said board of supervisors shall have power to designate the number of, and said county clerk shall appoint the assistants employed in his office, and shall be responsible for their official acts, and the salaries of said clerk and assistants shall be paid in the same manner as the salaries of other county officers are paid. The salaries of the deputy clerks shall be two thousand dollars per annum, and the special deputy clerks shall be fifteen hundred dollars each per annum, and the salary or compensation of every other assistant employed shall be fixed by the board of supervisors; provided, however, that all work shall, as far as practicable, be paid for by the piece or folio, at such rates as shall be fixed by said board, and the amount of the work so performed by each person shall be certified to by the county clerk for each calendar month, upon even date with the rendering by said clerk of his statement to the county treasurer, as herein provided.

Misdemeanor to neglect to account for and pay over fees. § 9. Any officer referred to in this act who shall receive to his own use, or neglect to account for any fees, perquisites or emoluments by this act declared to belong to and be for the benefit of the county of Erie, or who shall neglect to render to the said county treasurer an account of the fees received at his office, or to pay over the same as herein required shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or imprisonment in the penitentiary for a period not less than three months nor exceeding one year, or both, at the discretion of the court before whom said officer may be convicted, and shall be liable to said county in a civil action for all moneys so received and not accounted for, and paid over to the treasurer of said county pursuant to the requirements of this act.

Repeal. § 10. All acts or parts of acts inconsistent herewith are hereby repealed.

L. 1886, Chap. 195 - An act to make the office of county clerk of Monroe county a salaried office, and regulating the management of said office. Clerk of Monroe county hereafter elected to receive salary. SECTION 1. The clerk of the county of Monroe next elected, and thereafter to be elected, shall receive as compensation for his services an annual salary, to be fixed by the board of supervisors of said county prior to the election of every such clerk; the salary so fixed shall be six thousand dollars per annum, and shall not be increased or diminished during the term of which any such clerk shall have been elected.

No compensation except salary. § 2. It shall be the duty of the said clerk to perform all services which he is or shall be required or authorized by law to perform by virtue of, or by reason of his holding such office, for the state, for the county and for individuals, including his duties as clerk of every court of which he is or shall be clerk, and no compensation, payment or allowance shall be made to him for his own use for any such services, except the salary aforesaid.

Legal fees of clerk payable to county. § 3. All the fees, emoluments and perquisites which such clerk shall charge or receive, or which he shall legally be authorized, required or entitled to charge or to receive, shall belong to the county of Monroe. It shall be his duty to exact, collect and receive the full amount allowed by law of all such fees, emoluments and perquisites for said county, and said clerk shall require payment in advance for recording all papers left with him for record, and shall also in each case require payment for all other services rendered