TITLE V.

Sums allowed as fees.

SEC. 3296. Referee's fees generally.

3297. Id.; upon sales of real property.

3298. Fees for oaths and acknowledgments.

3299. Surveyors' and commissioners' fees, in action for partition or dower, etc.

3300. Fees of the clerk of the court of appeals.

3301. Clerk's fees in civil actions generally.

3302. The last section qualified.

3303. Clerk's fees upon naturalization.

3304. Fees of county clerks generally.

3305. Certain provisions not affected by the last section.
3306. Fees of register and other clerks.

3307. Sheriff's fees.

3308. The last section qualified.

3309. Id.; how collected.

3310. Coroner's fees.

3311. Stenographer's fees for copies of notes.

3312. Compensation of constables attending courts.

3313. Fees of trial jurors.

3314. Supervisors may make allowance to grand and trial jurors. 3315. Id.; extra pay upon protracted trials.

3316. Jurors' fees in special proceedings.

3317. Fees of printers.

3318. Witnesses' fees generally.

3319. Id.; on deposition to be used in another state.

3320. Receiver's commissions.

3321. Fees of county treasurer, and chamberlain of N. Y.

3322. Fees of a justice of the peace.

3323. Constable's fees.

3324. Id.; affidavit upon claim for travel fees.

3325. Justice's court, fees upon a commission.
3326. Id.; jurors' fees.

3327. Id.; witnesses' fees.

3328. Id.; fees to be paid before services rendered.

3329. Id.; by whom fees to be paid.

3330. Certain special provisions excepted from this title.
3331. Provision as to change in fees.

3332. This title applies to civil cases only.

§ 3296. Referee's fees generally. A referee, in an action or a special proceeding, brought in a court of record, or in a special proceeding, taken as prescribed in title twelfth of chapter seventeenth of this act, is entitled to six dollars for each day, spent in the business of the reference; unless, at or before the commencement of the trial or hearing, a different rate of compensation is fixed, by the consent of the parties, other than those in default for failure to appear or plead, manifested by an entry in the minutes of the referee, or otherwise in writing, or a smaller compensation is fixed by the court or judge in the order appointing him.

Code of Proc., 313, amended. Watson v. Gardiner, 50 N. Y. 671; Ellsworth v. Brown, 16 Hun, 1; Herschell Rogers, 2 Law Bulletin, 15; First Nat. B'k v. Tomaje, 77 N. Y. 476; 17 Iun, 240; Chase v. James, 16 id. 14; Devlin e. Mayor, 7 Daly, 466; Townsend v. Peyser, 14 Abb. N. S. 324; 4 Daly 556; 45 How. 211: see Colton v. Simmons, 14 Hun, 75.

3297. [Amended, 1891.] Id.; upon sales of real property. The fees of a referee appointed to sell real property pursuant to a judgment in an action, are the same as those allowed to the sheriff, and he is allowed the same disbursements as the sheriff. Where a referee is required to take security upon a sale, or to distribute, or apply, or ascertain and report upon the distribution or application of any of the proceeds of the sale, he is also entitled to one-half of the commissions upon the amount so secured, distributed or applied, allowed by law to an executor or administrator for receiving and paying out money. But commissions shall not be allowed to him upon a sum bidden by a party, and applied upon that party's demand, as fixed by the judgment, without being paid to the referee, except to the amount of ten dollars. And a referee's compensation, including commissions, cannot, where the sale is under a judgment in an action to foreclose a mortgage, exceed fifty dollars, or in any other case five hundred dollars. [In effect Sept. 1, 1891.

L. 1869, ch. 579, 84, amended; and see Code of Proc., 8309, amended; L. 1876, ch. 431, 11. Daly v. Jacob, 2 Abb. N. C. 97; Richards v. Richards, id. 93; James v. Purcell, 2 T. & C. 536; 1 Hun, 318; Walbridge v. James, 16 id, 8; see Schemerhorn r. Prouty, ct. app., March 9, 1880; 21 Alb L. J. 275; Maher v. O'Connor, 61 How. Pr. 103; Race v. Dada, 102 N. Y. 298.

§ 3298. Fees for oaths and acknowledgments.-Any officer, authorized to perform the services specified in this section, and to receive fees therefor, is entitled to the following fees:

1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specially prescribed by statute, twelve cents.

2. For taking and certifying the acknowledgment or proof of the execution of a written instrument; by one person, twenty-five cents; and by each additional perBon, twelve cents; for swearing each witness thereto,

six cents.

2 R. S. 637, 28 (2 Edm. 658); L. 1847, ch. 339 (4 Edm. 628); L. 1840, ch. 238,2 (3 Edm. 302).

3299. Surveyors' and commissioners' fees in action for partition or dower, etc.-A surveyor, employed as prescribed by law, in an action for partition or

1

dower, or to determine dower, is entitled to five dollars for each day, actually and necessarily occupied in surveying, laying out, marking, or mapping land therein. Each assistant, so employed, is entitled to two dollars for each day, actually and necessarily occupied in serving under the surveyor's direction. Each commissioner, appointed as prescribed by law, to make partition or admeasure dower, is entitled to five dollars for each day's actual and necessary service.

2 R. S. 643, 22 34 and 35 (2 Edm. 662), amended.

§ 3300. Fees of the clerk of the court of appeals.The clerk of the court of appeals is entitled, for the services specified in this section, to the following fees: For filing a notice of appeal to that court, and all the papers transmitted there with, fifty cents.

For filing any other paper, ten cents.

For drawing an order, twenty cents for each folio. For entering an order, twenty cents; and for each folio more than two, ten cents.

For drawing a judgment, twenty-five cents; and for each folio more than two, ten cents.

For entering a judgment, twenty-five cents; and for each folio more than two, ten cents.

For a certified copy of an order, record, or other paper, entered or filed in his office, ten cents for each folio.

For engrossing a remittitur, ten cents for each folio. For a certificate, other than that a paper, for the copying of which he is entitled to a fee, is a copy, twenty-five cents.

For sealing any paper, when required, fifty cents. 2 R. S. 622, 2 (2 Edm. 646); L. 1847, ch. 277, 8 7.

§ 3301. [Amended, 1890.] Clerk's fees in civil actions generally.-Except as otherwise prescribed in the next section, each clerk of the court of record is entitled for his services in an action or a special proceeding, brought in or transferred to the court of which he is clerk, to the following fees:

Upon the trial of the action, or the hearing, upon the merits, of the special proceeding, from the party bringing it on, one dollar.

For entering final judgment in the action, or entering a final order in the special proceeding, including the filing of the judgment roll, and a copy of the judgment to insert therein, fifty cents; and ten cents in addition for each folio exceeding ten, contained in the order or judgment.

For entering any other order or an interlocutory judgment, ten cents for each folio, exceeding five.

For a certified or other copy of an order, record, or other paper, entered or filed in his office, five cents for each folio. Where, on an appeal from a judgment or order, a party shall present to the clerk a printed copy of the judgment-roll or order appealed from, it shall be the duty of the clerk, as required, to compare and certify the same, for which service he shall be entitled to be paid at the rate of one cent per folio. For a certified transcript of the docket of a judgment. twelve cents.

For filing a transcript and docketing or re-docketing a judg. ment thereupon, six cents.

He is not entitled to any fee, or other compensation, for any other service, in an action or a special proceeding in the court, except that where he is also county clerk. he may charge fees as prescribed in section 3304 of this act, subject to the limitations therein contained.

Where the attorneys for all the parties interested, other than parties in default or against whom a judgment or a final order has been taken, and is not appealed from, stipulated in writing that a paper is a copy of any paper whereof a certified copy is required by any provision of this act, the stipulation takes the place of a certificate, as to the parties so stipulating, and the clerk is not required to certify the same or entitled to any fee therefor.

And the paper so proved by stipulation shall be received by the clerks of all the courts and by the courts and shall be used or filled with the same force and effect as if certified by a clerk of the court.

See Code of Proc., 312. Benton v. Sheldon, 1 C. R. 134; Clerk's Fees, 5 How. 11; 3 C. R. 102; Wilcox v. Curtis, 10 How. 91; Burnett v. Westfall, 15 id. 430; Schermerhorn v. Van Voast, 5 id. 458; Purdy v. Peters, 23 id. 328; People, ex rel., v. Supervisors of Monroe, 15 id. 225; Chambers r. Appleton, 47 N. Y. Super. Ct. 524.

$3302. The last section qualified.— The last section does not apply to the clerk of a surrogate's court, of the ma rine court of the city of New-York, or the city court of Yonkers, of the justice's court of the city of Albany, or of a mayor's or recorder's court.

New in forin.

*3303. Clerk's fees upon naturalization. -- The clerk of any court, which nas jurisdiction to naturalize an alien, is entitled, for the services specified in this section, to the following fees:

For all services, upon the filing of a declaration of intention by an alien to become a citizen, including the oath or affirmation, the recording of the same, and a certificate thereof delivered to the alien, twenty cents.

For all services upon the admission of the alien to be a citizen, including the recording of the papers, and a certified copy of the record, which must be delivered to any person requiring it, fifty cents.

L. 1847, ch. 127, 1 (4 Edm. 694).

§ 3304. Fees of county clerks generally.—A county * See ante, § 3301.

clerk is entitled, for the services specified in this section, except where another fee is allowed therefor by special statutory provision, to the following fees:

For searching and certifying the title to, and in. cumbrances upon real property, for each year for which the search is made, for each name, and each kind of conveyance or lien, five cents.

For a copy of an order, record, or other paper, entered or filed in his office, eight cents for each folio.

For filing a transcript, and making an entry as prescribed in section 1258 of this act, twelve cents.

For issuing an execution upon a judgment, a tran script whereof, or of the docket of which, has been filed in his office, fifty cents, to be paid by the party at whose request the execution is issued, and to be col lected by the sheriff in addition to the sum due upon the judgment.

For recording and indexing a notice of the pendency of an action, filed in his office, ten cents for each folio contained in the notice.

For cancelling such a notice, or a notice filed in his office, as prescribed in section 649 of this act, twentyfive cents.

For recording any instrument, which must or may legally be recorded by him, ten cents for each folio.

For filing a certificate of satisfaction, or other satisfaction-piece, or a mortgage, and entering the satisfac tion, twenty-five cents.

For affixing and indexing a notice of foreclosure of a mortgage as prescribed in section 2390 of this act, twenty-five cents.

For entering a minute that a mortgage has been foreclosed, ten cents.

For filing and entering a satisfaction of an assignment of a judgment, twelve cents.

For filing and entering the bond of a collector or other officer authorized to receive taxes, twelve cents. For searching for such a bond, six cents.

For entering satisfaction thereof, twelve cents.

For sealing any paper, when required, twelve cents. For filing and docketing notice of a mechanic's lien, ten cents.

For filing and entering specifications and all other