George Crane Morehouse.

The supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe online

. (page 88 of 96)
Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 88 of 96)
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spent in taking inquisition (except for one day's service)

For performing the requirements of law in regard to wrecked vessels',

shall receive per day and fractional parts thereof

And a reasonable compensation for all official acts performed, and

mileage to and from such wrecked vessel, per mile

For taking ante-mortem statement, shall be entitled to the same rates

of mileage as before mentioned, and per day and fractional part


For taking deposition of injured person in extremis

Whenever, in consequence of performance of his ofBcial duties, a

coroner becomes a witness., he shall be entitled to receive mileage to

and from his place of residence, per mile

For each day or fractional parts thereof actually detained as such


Laws of 1873, chap. 833 ; 3 E. S. 2586.

A coroner shall have power, when necessary, to employ not more than two com-
petent swrgeons to make post-mortem examination and dissections and to testify to
the same, the compensation therefor to be a county charge.

3 R. S. 2586.

Note. — Before any coroner's account can be audited he must make a written
Sworn statement of moneys, etc., found on deceased persons, and that the same has
been delivered to the legal representative of the deceased or to the county treas-

Code of Crim. Pro., § 788.

The fees of jurors necessarily summoned upon any coroner's inquest shall be
not to exceed one dollar for each day's service, shall be a county charge, and shall
be audited and allowed by the board of supervisors in the same manner as other fees
and charges mentioned in this act. But the coroner holding such inquest and sum-
moning said jurors shall make report to the next succeeding board of supervisors
after every such inquest of the name of such jurors and the term of service of
each, and upon what inquest rendered, on or before the third day of the annua]
session in each year,

3 B. S. 2586.
Some counties have special laws ou this subject.
This fee bill is not applicable to New York, Kings nor Westchester counties.

3 0*

3 00


3 OO

1 00


3 00

798 Supervisors' Manuai.

county clerk's fees.


For copy of order, record or other pctper entered or filed in hia office,

perfolio $ 08

For filing and entering collectors' bond 13

For searching for such collectors' bond 06

For entering satisfaction of the same 12

For seaMng any paper when required 13

For filling any paper required to be filed, except as otherwise speci-
fied 08

For inquiring into, determining and certifying sufficiency of sureties

of sheriff. 50

Code of Civ. Pro., § 3304.

[As clerk of courts of oyer and terminer and court of sessions.]

For swearing witness 06

For entering or respiting a recogniecmce 12i

For calling and swearing a jury • 19

For entering sentence in minutes kept by him 12i

For every certified copy thereof 13i

For transcript thereof for secretary of State 13^

For copies of records, indictments and other proceedings, per folio . 08

3 R. S. 2579.

Por attending upon canvass of election 3 00

For drawing necessary ceriifiMites of the results of the election, per

folio 18

For necessary copies thereof, per folio 09

For recording such certificate, per folio 10

Code of Civ. Pro., S 3804; 1 R. S. 892.

For travel fees, delivering statement of presidential election per

mile (State charge) 05

Laws of 1885, chap. 446.

Oiving notice of commission or supersedeas State charge.

Giving notice of officer's neglect to execute bond State charge.

Oiving notice of officers appointed to office who have taken oath of

office and given bond State charge.

Giving notice of officers appointed to office who have not State charge.

Indexing deeds and mortgages, per 100 names 50

See " Auditing of Accounts," §§ 647-9, ante.

Notifying notary who qualifies, of appointment, etc 50

Recording any instrument legally recorded, per folio 10

Drawing grand juries, to be audited by board of supervisors, and seem to be

Chap. 320, Laws of 1831, § 22 (1 R. S. 545).

No county clerk shall charge against the county for fuel or lights for his office,
or for stationery, except record books and stationery famished for the courts held
in the county.

Laws of 1844, chap. 125.


Calling a JMTJ/.. .;...... * J?^

CalUng and sweanng witness ""

Making proclamation for discharge of any person. w

CalUng any person on rewjTOisance *™^

Seeo»««, §499.

Digest op Fees. 799

fence viev(?'ees,


The assessors and commissioners of highways are the fence viewers.


The electors have the power at the annual town meeting to fix their compen-

1 R. S. 809. See § 947, ante.

For examining and certifying in relation to sheep Isilled or injured by dogs, such
compensation as may have been fixed by the town meeting; but in counties worli-
ing under the Ontario county dog law, the town auditors have the power, if no
such action has been taken by the town meeting, of auditing the same.

Other charges to be paid by the parties interested, viz. :

For services in relation to division fences, for each day, each fence
viewer is entitled to $1 50

The proportion thereof to be paid by each party interested is determined by
the fence viewers.

1 R. S. 833, S 43.

Services in relation to floating timber, etc., to be paid by owners of lumber

3 E. S. 2087, § 2.

Services as to strays to be paid by the owner of the strays or the person apply-
ing for the certificate, viz. :

For certificate of the charges ascertained by him $ 25

Mileage for every mile he shall be obliged to travel from his house
to the place where the strays are kept 06

1 B. S. 830, §§ 22, 23


Same compensation for services as is allowed constables of towns and also one-
half of the penalties recovered by him.
See "Constables-" " County Charges; " "Game Constable."


Such compensation per day as shall have been agreed upon, not ex-
ceeding for each ^mafe o nn

For each officer not exceeding 2 00

For each horse employed singly 1 00

For each two-horse team and drieer not exceeding 3 00

Laws of 1845, chap. 69 ; 1 R. S. 792, $ 8.

County charge.
Id., e§ 12, 13.

If the board of supervisors think it unreasonably burdensome to raise the whole
thereof in one year, said charges may be divided into two or three equal parts,
one whereof shall be collected in each successive year until the whole is paid.

Id,, S 13.

800 Supervisors' Manual,

inspector op election.


For each day's actual and necessary service $2 00

To one inspector, for taking returns to county clerk, except in cities

and towns where the county clerk's ofBce is situated 5 00

For each mile traveled to take returns going and returning 04

Laws of 1880, chap. 56, $ 14.


Such sum may he allowed every grand or petit juror, for attending
courts of record, as the hoard of supervisors direct, not exceeding
per day $2 00

For mileage going to and returning from such courts not exceeding

per mile 05

If trial extends beyond thirty days, such additional sum as court may allow.

Code of Civ. Pro.. SS 3313, 3314, 3315.

County cha/rge.

They are entitled to a fee of twenty-five cents for each case in which they are
empaneled to try a cause, to be paid by the parties.



For each day's service $1 00



Shall receive for a summons f 25

For an order of a/rrest 25

For a warrant of attachment. 25

For a requisition in an action for a chattel (replevin) 25

For a swpoma, including all the names inserted therein 25

For the acknowledgment of a power of attorney 25

For taking an affidavit or administering an oath 10

For dravring an affidavit, application, or notice required by statute,

per folio _ 05

For drawing a bond or an undertaking 25

For hearing an application for a com/mission to examine one or more

witnesses 50

For an order for such a commission, and attending, settling and cer-
tifying interrogatories 50

Code of Civ. Pro., 5 3322.

For taking and returning testimony as a commissioner 1 00

For each svbpoina issued 06

For each oath administered 06

For postage in returning the commission and papers annexed thereto 1 00

Id., § 3325.

For hearing an application to discha/rge a defendant from arrest, or
to vacate or modify a warrant of attachment, or increase the plain-

tifE's security thereupon 50

Digest op Fees. 801

For an adjournment, except where it is made by the justice on his

own motion , | 25

For a venire . . , 25

For impaneling and swearing a jury 25

For hearing plairdiffs evidence where the defendant does not appear.. 25

For the truU of an issue where the defendant appears 75

For the trial of a demurrer 25

For receiving and entering the verdict of a jury 25

For enteiing judgment 25

For filing each paper required by statute to be filed (in civil cases

only) $ 05

For a transcript of judgment 25

For a copy of a paper for which a fee is not expressly prescribed by

law, per folio , 06

For an execution or the renetoal of an execution 25

For making a return to an appeal from a judgment 2 00

For an order directing the action or special proceeding to be con-
tinued before another justice 25

For services when associated with another justice, in any case, where
a fee therefor is not expressly prescribed by law, for each day
actually spent $2 00

Fees in a special proceeding, or an action not brought before a
justice of the peace:
For a warrant in case where a fee therefor is not expressly prescribed

bylaw $ 25

For a warrant for the apprehension of a person charged with being

the father of a bastard 50

F'or indorsing a warrant issued from another county 25

For services when associated with another justice, in any case where
a. fee therefor is not expressly prescribed by law, for each day

actually spent 2 00

For a precept or other mandate, whereby a special proceeding is com-
menced, in a case where a fee therefor is not especially prescribed

by law 25

For a view of real property, in a case v/here it is required by law ... 50
For a warrant of attachment to arrest a delinquent juror or witness. 25
For drawing, signing and depositing with the clerk a minute or
record of conviction of such juror or witness, or of any person for
contempt, in any case where a fee therefor is not especially pre-
scribed by law 50

For an execution on such a conviction before him 25

For drawing, copying and certifying a bond, an undertaking, recog-
nizance or other written security, and filing the same with the

county clerk or other officer with whom it must be filed 25

For a subpoena, including all the names inserted therein 25

For a precept to notify a jury 50

For impaneling and swearing a jury, special cases 25

For swearing a jury in proceedings to lay out or alter a highway. ... 2 00

For hearing the matter, concerning which a jury is called 50

For receiving and entering the verdict of the jury, and the order, if

any, thereupon 25

For any service for which a fee, not expressly allowed by this sub-
division, and for which, if rendered in an action before a justice,
a fee is allowed by the first subdivision of this section, the fee
allowed in such an action for the same service.
For taking the deposition of a witness upon an order made or com-
mission issued by a court of record of the State, or a court in
another State, or a territory, or a foreign country, for each folio. . 10

For making the necessary return and certificate thereto 50

For warrant of commitment for any cause, .,..,. t •.,< i <• t 25

Code §3322.


803 Supervisors' Manual.

For vicerrant to ptif tamcOotd in possession of land in snmmary pro-
ceedings 25

For each day's service performed for the tovm 2 00

Laws of 1870, chap. 242; 2 R. S. 1218.
For holding inquests, same fees as coroners.
S K. S. 2575, 9 8.



692, LAWS OP 1866, and section 3332, civil pkoceduhe.

Administering an oath $ 10

Drawing an information 25

Taking deposition of witness on information 25

Issuing warrant of arrest (except in bastardy cases in which his fee

is 50c) 25

Indorsing warrant from another county 25

Wa/rrant of commitment 25

Subpana, including all names inserted therein 25

Each copy of subpoena for service 10

Filing each paper required by law , 05

Furnishing copies of papers in any proceedings, per folio, 100 words 05

Each order in writing or certificate required by law 25

Drawing undertaking of bail 25

Taking an acknowledgment 25

Each day's necessary attendance upon hearing or exa/mination of

accused 1 00

Each necessary adjournment of the hearing or examination 25

In assault and battery cases the board of supervisors cannot audit any fee for a

8 R S. 2578.


as established by section 4, CHAPTER 692, LAWS OP 1866.

Venire ( 25

Swearing each mtness 15

Swearing the ^r^ 20

Swearing constahle, to attend jury 10

Subpmna, all names 25

Each actual and/necessary day of trial 1 00

Receiving and entering verdict of jury 35

Entering sentence of court 25

Warrant of commitment on sentence 25

Record of conviction and filing same 75

But all such charges in any one case shall not exceed $5, unless

such court continues more than one day, in which case the cost of

such additional day may be added thereto.

Return to any writ of certiorari (when to be paid by the county). ... 2 00
Each day actually and necessarily occupied when associated with

another justice in case of bastardy 3 00

3 R. S. 2585.

The bill shall in all cases contain the name and residence of the complainant,
the action of the justices on such complaint, the offense charged, the constable or
oflicer to whom any warrant on such complaint was delivered, whether the person
charged was or was not arrested, whether an examination was waived or had, and
witnesses sworn therein; and the account shall also show the final action of the
justice in the premises.

Laws of 1871, chap. 274.

Digest op Fees. 803
services as justice of sessions.

For each day j3 qo

Mileage going and returning per mile .'.'..,.'.'.'. 05

Code of Crim. Pro., § 49.
There are local acts changing this amount.

See " Commissioners of Loans."


To all musicians and privates, per day ;

To all non-commissioned oflBcers

To all commissioned oflBcers of the line, below the rank of captain. .

To all commanding officers of companies

To all field officers, below the rank of colonel

To all commanding officers of regiments or battalions

To all brigadier-generals ,

To all major-generals

AU mounted officers, and all members of any troop or battery,
mounted and equipped, shall be paid per day for each horse ac-
tually used by them

All staff officers the same pay and allowances as are allowed to officers of equal
grade in the line.

Laws of 1884, chap. 323.



If any overseer of highways shall be employed more days in exe-
cuting the duties devolving upon him by law than he is assessed
to work on the highway, he shall be paid for the excess, per hour
for each day $ 13i


1 1 35

1 50

2 50

3 00

4 00

5 00

6 00

8 00

3 00

Laws of 1880, chap. 308; 2 K. S. 1215.

For each day's service $3 00

Laws of 1870, chap. 242; IE. S. 839.

Town charge.



Health officer. Compensation to be fixed by board of health.
Laws of 1885, chap. 270, g 3, subd. 2.


When employed by coroners to make post-mortem examinations and dissec-
tions, and testify to the same, compensation is fixed by the board of supervisors.

SB. S. 2586, §2.

804 Supervisors' Manual.

In counties where there is a poor-house, and having more than one superin>
tendent of the poor, the superintendents appoint the physician to the poor-hoase
and audit and settle the accounts therefor.

3 E. S. 1870-1875.

For services in examining and eertifyirig in reference to the insanity of any per
son such sum as may be allowed by the board of supervisors.

3 R. S. 1904.

For attending as a witness before the county judge, each day $ 50

For each mile traveled to place of attendance 08

Code of Civil Procedure, § 3318.
The compensation of jail physician is fixed by the board of supervisors.
Id., §126.



For publishing any advertisement required by law to be published (except ses-
sion laws aud except as otherwise prescribed by law) for each folio,

First insertion $ 75

Each subsequent insertion 60

The compensation for printing the session laws is to be fixed by the board
See § 62'!, ante.

The expense of printing court calendar (Code Civil Pro., § 20), publishing res-
olutions of board (Laws of 1875, chap. 482, § 6), publishing claims audited and
proceedings upon equalization of assessment-roll (Laws of 1839, chap. 369) are a
county charge.

The compensation for printing election notices and ofiScial canvass is to be fixed
by the board (Laws of 1875, chap. 482, § 7).

But in the absence of any contract the printer is entitled to the compensation
prescribed by law.

People V. Supervisors of Cortland Co., 58 Barb. 139.


For each day actually engaged in the discharge of their duties and
their necessary disbursements $3 00

Laws of 1869, chap. 907 ; 1 R. S. 873.
A town charge.

Annual salary f 1 , 000 00

The board of supervisors may increase this.

Laws of 1885, chap. 840, § 5 ; amending Laws of 1864, chap. 555.

The sum of $200 00

per year to each commissioner to be assessed upon'the towns comprising his district.

Laws of 1864, chap. 555, § 9 ; 2 B. S. 1145.

10 00

3 00

3 00

Digest of Fees. 805


For sealing and marking every beam. $ 10

For sealing and marking measures of extension at the rate, per yard,

of 10

Not to exceed for any one measure 50

For sealing and marking every weight 05

For sealing and marking liquid and dry measures for each measure . . 10

For making weight and measures conform to the standards in his possession, a
reasonable compensation.

2 R. S. 1848-9, § 27.


For every person eoTnmittedio jail

For every person discha/rged from Jail

¥oT sumnuming grand jury

For notifying constables to attend a court, each. ...

For attending term of court, which he is required by law to attend,
each day

To a deputy sheriff for attending court of record, pursuant to notice

from the sheriff, per day (except Erie county which is $3)

and mileage same as jurors.

For giving notice of any general or special election to all officers to
whom he is required by law to notify, for each town or ward 1 00

For attending before an officer to surrender a prisoner or receive pris-
oners surrendered, in exoneration of his bail, including all services
upon such surrender

For attending a view each day

For traveling, going and returning, each mile

For bringing up a prisoner upon wHt of habeas corpus

For traveling to and from jail, each mile

For bringing up prisoners upon any other than writ of habeas corpus

For attending the court or judge thereon, each day

For taking defendant into custody on a mittimus

For every mile traveled in taking prisoner to JaU, going and returning.

Serving a stibpcena for each witness

Mileage thereon going and returning

For serving warrant in criminal case (if an arrest is made)

Mileage thereon (if an arrest is made), going and returning

(Actual and necessary expenses in addition to the last four items.)
For any services which may be rendered by a constable, other than those above,
same fees as constables are allowed.
See "Fees of Constables."

' 8 R. S. 2579, § 11 ; Code Civ. Pro. 3807.

No charge for issuing or serving any subpoena in a criminal case or proceeding
on behalf of a defendant shall be allowed.
Laws of 1845, chap. 180, § 18; 8 R. S. 2548.

The fees paid by him to the county clerk for drawing grand juries, and his owq
fees for attending such drawing of grand juries are a county charge.

Lawa of IS.Sl, chap. 820.

In all cases in which a specific compensation for any services is not provided by
law, the officer or person presenting an account therefor shall also exhibit in writing
a just and true statement of the time actually and necessarily devoted to the per-
formance of such services.
2R. S. 978, § 2.

1 00

3 00


1 50


I 1 50

1 00







806 Supervisors' Makual.

For the following services required by various statutes, the compensation is in
the discretion of the board of supervisors.
For attending upon the drawing of a grand and petit jury.

3 R. S. 2559, § 16.
For board and care of prisoners in jail.

2R. S. 978, §3.

*For execution of the death penalty.
For summoning county officers, physicians and jury to witness execution of
death penalty.
For necessary expenses of execution.
For conveying prisoners, etc.

See ante, p. 360; 3 R. S. 2633.

All convicts sentenced to the same State prison or house of refuge, at one ses-
sion of the court, are to be transported at the same time, unless the court shall
expressly direct otherwise .

Laws of I84r, chap. 497, § 5; 3 R. S. 2583.

Whenever a sheriff shall be required by any statutory provision to perform any
service in behalf of the people of this State, and for their benefit, which shall
not be made chargeable by law to his county, or to some officer or other person,
his account {or such services shall be audited by the comptroller and be paid out
of the treasury.

2 R. S. 967, § 76.

Statb Chabges.

For conveying one convict to a State prison or penitentiary, from

county jail, for each mile actually traveled $ 20

For conveying two convicts, for each mile traveled 35

For three convicts, for each mile 40

For four or more convicts, for each mile for each convict 13

For maintenance of each convict on the way thereto, per day ........ 1 00

But not exceeding for every thirty miles travel, in full of all charges

and expenses in the premises 1 00

a R. S. 2587. ■ ~


See ante, "County Charges."



For each day's service performed except when attending the board
of supervisors $2 00

1 R. S. 839.

For services in alteration of school district, per day (a town charge). 1 50

2 R. S. 1157, § 5.

Mileage for all necessary travel in the discharge of his official duties,
per mile 08

2R. S. 983, 810.

* For execution of the death penalty of a convict in the State prison or State
reformatory for a crime committed during his imprisonment the expenses are a
State charge.

Laws of 1883, chap. 389.

Digest of Pees. 807

There is no fixed compensation for approving and filing collector's bond, and
there has been none sinCe the act of 1876, chapter 257, was amended by the Laws
of 1881, chapter 97.

The allowance to be given is governed by the law given above (1 E. S. 839) at
a reasonable compensation per day and mileage.


For servie&i, except in New York, Albany, Rensselaer, Kings, Oneida,
Erie, Columbia, Onondaga, Richmond, Schenectady, Oswego and
Allegany counties, attending the sessions of the board of supervisors

each day, including the whole twenty-four hours $3 00

Copying the assessment-roll, including the extension of the tax to
be delivered to the collector, each written line:

For first one hundred lines 03

For second two hundred lines. 03

For each line in excess of three hundred 01

Mileage, per mile, for once going and returning from his residence,
to the place where sessions of the board shall be held 08

Actual expenses incurred in any investigation or other duty lawfully committed
"to him by the board and which shall require his attendance at any place away
from where he shall reside, and five miles or more distant from the place where
Ihe board shall hold its sessions .

Laws of 1875, chap. 482, § 8, as amended by Laws of 1886, chap, 63.

See " Digest Decisions." a,s to Laws of 1875, chap. 483, § 8.

In the counties named above there are local acts on the subject.


It is the practice to pay each supervisor for

Each day's attendance $3 00

Mileage, once going and returning, per mile 08

£ach assessor per day , 3 00

Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 88 of 96)