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and where the sheriff of said county is a party, except where both parties to a suit agree upon a referee to be appointed by the court, shall be made by the sheriff of the county of Kings.

98 N. Y., 665. Fees. § 2. In cases of sales on foreclosure, he shall be entitled to receive the following fees, and no more:

For receiving order of sale and posting notices of sale, ten dollars.
For attending sale, ten dollars.
For drawing each deed of premises sold, five dollars.

For attending and adjourning a sale at the request of the plaintiff in the action, or by order of the court, three dollars.

For making report of sale, five dollars.
For paying over surplus moneys, three dollars.

And all disbursements made by him for advertising, at the rates allowed by law therefor, fees of officers for taking acknowledgments and administering oaths, and all auctioneers' fees actually paid by him to licensed auctioneers, but not to exceed for such auctioneers' fees ten dollars for each parcel separately sold, which auctioneers' fees shall be paid by the purchaser of the parcel, in addition to the amount bid by him therefor.

L. 1884, Chap, 531-An act in relation to the office of the register

of the city and county of New York. Provisions of law to remain in force till expiration of term. SECTION 1. All the provisions of law now in force regulating and governing the fees, perquisites and emoluments of the register 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.

22 J. & S., 453.

Hereafter register to have salary. § 2. Hereafter and upon the election or appointment of a successor to the register now in office, there shall be allowed to the register of the city and county of New York a salary at and after the rate of twelve thousand dollars a year as his compensation, which shall be in lieu of all fees, perquisites and emoluments for all services which said register may perform by virtue of his office.

Fees to belong to city. & 3. On and after the first day of January, eighteen hundred and eighty-seven, or upon the election or appointment of a successor to the register now in office at any time prior to that date, all the fees hereinafter mentioned and all other perquisites and emoluments to which the said register 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 register and by him accounted for and paid over monthly into the treasury of the said city and county.

Amount of fees. $ 4. The register of the city and county of New York shall collect the following fees for the services in this section specified:

Recording any instrument which must be recorded by him, ten cents for each folio.

Filing a certificate of satisfaction or other satisfaction piece of a mortgage and entering such satisfaction, twenty-five cents.

Entering a minute of a mortgage being foreclosed, ten cents.

Filing and entering the bond of a collector or other officer authorized to receive taxes, twelve cents.

Searching for such bond, six cents.

Entering satisfaction thereof, twelve cents.
Filing every paper deposited with him for safe keeping, six cents.

Searching for every such paper, on request, three cents for each paper necessarily opened and examined.

Sealing any paper when required, twelve cents.

Every certificate, other than to á paper, for the copying of which he is entitled to a fee, twenty-five cents.

For searching and certifying the title to and incumbrances upon real property, for each year for which the search is made, for each name, and for each separate piece or parcel of property not consisting of contiguous lots, five cents for conveyances, five cents for mortgages, and five cents for all other incurnbrances or liens, and for each return made of a conveyance or lien found affecting the property, five cents. [This subdivision thus amended by L. 1887, ch. 376.]

For a copy of a paper filed in his office, eight cents for each folio.
For filing a chattel mortgage or a copy thereof, six cents.

For entering a chattel mortgage in a book as prescribed by law, six cents for each party to the instrument.

For searching for each chattel mortgage, six cents, and the like fees for certified copies of such instruments or copies as are allowed by law to clerks of counties for copies and certificates of records kept by them.

22 J. & S., 453.

Register's official bond. & 5. Any register hereafter appointed or elected for the city and county of New York shall, before entering upon the duties of his office, give a bond to the people of the state of New York, in the sum of twenty thousand dollars, with not less than two sufficient sureties to be approved by the comptroller of the city of New York, conditioned that said register 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, default, mistake or omission of duty on the part of said register or his subordinates, 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 to the person or corporation injured or damaged by such official misconduct, default, mistake or omission of duty. The said bond shall be filed in the office of the comptroller of the city of New York. 22 J. & S., 453.

Expenser of office a city charge. 8 6. On and after the expiration of the term of the present incumbent of the office of register of the city and county of New York, or upon and after the appointment or election of his successor, the expenses of conducting the said office shall be a charge upon the said city and county.

Yearly estimate to be made to board, etc.; appropriation. $7. The register of said city and county shall at least thirty days prior to November first, eighteen hundred and eighty-six, and thereafter yearly, within the same period, send to the board of estimate and apportionment in said city an estimate in writing of the amount of expenditure, specifying in detail the object thereof, required in the office of the said register for the ensuing year. In said estimate there shall be included a statement of the salaries of all the officers, clerks, employees and subordinates in the said office. A duplicate of this yearly estimate shall be made at the same time to the board of aldermen. The board of estimate and apportionment shall consider such yearly estimate and provide for the objects of expenditure therein set forth in making their annual provisional estimate of the amounts required to pay the expenses of conducting the public business of the city and county of New York. And the said board of estimate and apportionment shall have the same powers and shall perform the same duties with reference to such year estimate as it now has and performs with reference to similar yearly estimates submitted to it by the several departments of the city government and by other officers, persons and boards in said city.

Deputies, clerks, etc. 88. The number and duties of all deputies, clerks, and other employees or assistants in said office, with their respective salaries, shall be such as the said register of the city and county of New York shall designate and approve, subject to the revision of the said board of estimate and apportionment; provided that the aggregate expense of said salaries or any expense of said office in any year shall not exceed the total amount duly appropriated for such year by the said board of estimate and apportionment for such purposes.

Searches, when to be made ; additional charges, when allowed. $9. It shall be the duty of said register to cause any and every written order or written requisition for search to be made without delay, and to be certified and ready for delivery within fifteen days from the receipt of such written order or requisition by him, and he shall be liable for all damages and injuries resulting from errors, inaccuracies or mistakes in his return so certified by him. And in the event of an order calling for a return by the said register at a date prior to the expiration of fifteen days from the receipt by him of such written order or requisition, said register shall cause the said search to be made, and shall under the same liability as aforesaid certify to the correctness of the return thereon and deliver the same at the time designated on such search, being not less than three days from the date of the receipt thereof by the register, and said register shall charge and collect for such search in addition to the fees prescribed in the fourth section of this act. as hereby amended, 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 tenth 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 including additional compensation to employees as hereinafter provided, incurred by the said register to meet the payments required in carrying out the provisions of this section as the same shall be verified by him and which shall be without additional costs to the said city and county or any

additional payments to said register. The register as a part of such actual expenses may provide for the compensation of such additional employees as may be necessary to carry out the provisions of this section, and for additional compensation to each salaried employee in his office for each search made by him upon requisition or order calling for its completion within fifteen days. [Thus amended by L. 1887, ch. 376.]

Account of fees, etc., to be kept. § 10. It shall be the duty of every register of the city and county of New York hereafter appointed or elected, to keep an. exact account in the book or books to be provided for that purpose at the expense of the city of New York, of all fees, perquisites and emoluments actually received. by him or his subordinates, 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 register or his subordinates shall be entitled to demand and receive from any person for any service rendered by him or them in his or their 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.

Transcripts of accounts to be transmitted to comptroller, etc. $ 11. A transcript of such accounts, to be made in such form as shall be prescribed by the comptroller of the city of New York, shall be transmitted by such register 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 of his assistants, which transcript shall contain a statement of all moneys received for fees, perquisites and emoluments, for services done by said register 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 register 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 or belief.

Misdemeanor to fail to account; city to have action. 12. 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 who 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 13 repeals certain provisions of “The New York city consolidation act.”]

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Criminal cases ex cepted.

Special
cases.
8 Bosw.,
152; 47
How. Pr.
R., 271.

General Provisions concerning the Fees of Officers and Persons to whom any

Allowance is made for Services.
SEC. 1. This chapter not to extend to criminal cases.

2. Fees herein not to apply to cases where special provisions exist.
3. [Repealed.)
4. Folio, to consist of one hundred words.

5–17. (Repealed.)
SECTION 1. The provisions of this chapter shall not extend to
allow any fees or compensation for services in any proceedings,
treated of in the fourth part of the Revised Statutes.

§ 2. The allowance of any fees by this chapter, shall not apply to any case where special provision is made by law for any particular service; but the fees for such service shall be such as are provided in the statute requiring the service or providing the compensation therefor. [Section 3 was repealed by L. 1880, ch. 245.)

$ 4. Whenever the term “ folio " is used in this chapter, it shall be construed to mean one hundred words; counting every figure necessarily used, as a word.

[Sections 5-17 were repealed by L. 1880, ch. 245.]

“Folio" defned. 12 Wend., 174.

L. 1843, Chap. 205 — An act requiring surrogates to procure their bill of

fees taxed, Bills to be taxed. SECTION 1. The surrogates of the several counties in this state shall upon the written request of the person or persons liable to pay the same, procure their bills for fees and charges, taxed by the first judge of the county courts or by some other officer authorized to tax bills of costs in the supreme court, residing in the county with such surrogate; upon due service of a copy of such bill and notice of taxation on the executor, administrator or other person liable to pay the same, at least six days before such taxation, for which service the taxing officer shall be entitled to receive from the person or persons requiring the same to be taxed, fifty cents; the surrogate or any party interested conceiving himself aggrieved by such taxation, may appeal therefrom to the supreme court, according to the practice of said court in cases pending therein.

TITLE 5. 1652-653]

TITLE V.

Of the Taxation of Costs. (Repealed by L, 1880, ch. 245.]

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