Id., 237 and 8. Boyce v. id. 430; 16 Abb. N. S. 308; age, 10 Wend. 621; Moir v. 729. Bates, 8 How. 495; Wilmont . Meserole, 48 § 3279. This title applies to special proceedings. The foregoing sections of this title apply to a special proceeding instituted in a court of record, in like manner as to an action; for which purpose, the prosecuting party, other than the people, or, where the special proceeding is instituted in the name of the people upon the relation of a private corporation or individual, the relator, is deemed a plaintiff, and the adverse party, a defendant. New. TITLE IV. General provisions relating to fees. SEC. 3280. Taking fees not prescribed by law, prohibited. 3281. Id.; for services not rendered, except, etc. 3282. Penalty for extortion. 3283. Clerk of court of appeals to account for and pay over fees. 3284. Id.; clerks of superior city courts in New-York and Brooklyn, 3285. Id. certain county clerks and registers. 3286. General provisions as to fees, etc., to be accounted for. 3287. Fees of certain officers to be taxed upon demand. 3288. Parties, attorneys, etc., when not allowed fees. 3289. No fee for administering certain official oaths. 3290. Certain searches to be gratuitous. 3291. Officer, etc., may charge fee paid for oath, postage, etc. 3292. Id.; his fees, etc., to be paid before required to transmit paper. 3293. Provisions where printers in county refuse to publish. 3295. Comptroller to audit certain charges. 3280. Taking fees not prescribed by law, prohibited. 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. L. 1840, ch. 386, 6; 2 R. S. 650, 25 (2 Edm. 669). § 3281. Id.; for services not rendered, except, etc.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 thereof, before rendering the service. R. S., 26 (2 Edm. 670). § 3282. Penalty for extortion. An officer or other person, who violates either of the provisions contained in the last 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 damages. Id., part of 7. - 3283. Clerk of court of appeals to account for and pay over fees. The clerk of the court of appeals must, within ten days after the first day of January, and after the first day 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. Substituted for L. 1847, ch. 277, 87. § 3284. Id.; clerks of superior city courts in NewYork and Brooklyn. - The clerk of each of the following courts, to wit: the court of common pleas for the city and county of New-York, and the superior court of the city of New-York, must account for all fees received by him for his official services, and pay the same into the city treasury, as prescribed by law. The clerk of the city court of Brooklyn must account for all fines paid to him, and all fees received by him for his official services, and pay the same into the treasury of the county of Kings, as prescribed by law. L. 1847, ch.432, 1; L. 1854, ch. 198, 3, and L. 1849, ch. 125, 7, amended; L. 1863, ch. 66, 23. § 3285. Id.; certain county clerks and registers. · 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 of. ficial services. L. 1847, ch. 432, 1; L. 1861, ch. 14. - § 3286. General provision as to fees, etc., to be accounted for. 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. L. 1847, ch. 277, 11 (4 Edm. 555). 3287. 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, a judge of a superior city court, or the county judge. After such a demand is made, the officer cannot collect his fees, until they have been so taxed. 1 2 R. S. 652, 28 1 and 2 (2 Edm. 671); L. 1844, ch. 127, 2? 2 and 3 (4 Edm. 694). Lynch v. Myers, 3 Daly, 256; Griffin v. Helmbold, 72 N. Y. 437. § 3288. Parties, attorneys, etc., when not allowed fees. 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. See 2 R. S. 651, 15 (2 Edm. 671). Walker v. Russell. 16 How. Pr. 91; Steere v. Miller, 30 id. 7; Hewlett v. Brown, 7 Abb. Pr. 74; s. c., 1 Bosw. 655; Taggard v. Gardner, 2 Sandf. S. C. R. 669. 3289. No fee for administering certain 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. Id., 17. 3290. Certain searches to be gratuitous.- Each of the following officers, to wit: the secretary of State, the comptroller, the treasurer, the attorney-general, 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. Id., 23. - 3291. Officer, etc., may charge fee paid for oath, postage, 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 offi cer who administered the oath, or took the acknowledg ment, 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. New. § 3292. Id.; his fees, etc., to be paid before required to transmit paper.- Each provision of this act, requir ing 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 transmit ted, or any copy or certificate connected there with, and the expenses specified in the last section. L. 1876, ch. 449, 8 12. § 3293. Provision where printers in county refuse to publish. If the proprietor of each newspaper, pub lished 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. Publica tion, 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. 2 R. S. 648, 22 46 and 47 (2 Edm. 667). §3294. Affidavit of refusal to publish, 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 publi cation 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 affida vit is presumptive evidence of the facts stated therein. Id., 249. 3295. Comptroller to audit certain charges. Where the fees or other charges of an officer are charge. able to the State, they must be audited by the comp troller, and paid on his warrant, except as otherwise specially prescribed by law. 2 R. S. 651, 16 (2 Edm. 671). |