county, in the manner prescribed by law, all fees, per quisites, 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 aocounted 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, 811 (4 Edm. 555). § 3287. [Amended, 1895.] 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, or the county judge. After such a demand is made, the officer cannot collect his fees, until they have been so taxed. In effect Jan. 1, 1896; L. 1895, ch. 946. - 2 R. S. 652, 8 1 and 2 (2 Edm. 671); L. 1844, ch. 127, 33 2 and 3 (1 Edm. 694). Lynch . 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, 3 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 nec essary 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 therewitn, and the expenses specified in the last section. L. 1876, ch. 449, 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, lefuses 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. Publication, 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). Where § 3294. Affidavit of refusal to publish, etc. 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 affidavit is presumptive evidence of the facts stated therein. Id., 49. 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. B. S. 851, 16 (2 Edm. 671). 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 of 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. 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. 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. 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 com pensation 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 v. Rogers, 2 Law Bulletin, 15; First Nat. B'k v. Tomaje, 77 N. Y. 476; 17 Hun, 240; Chase v. James, 16 id. 14; Devlin v. 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, 1895.] 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, o 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 But commissions shall not be alpaying out money. lowed to him upon a sum bidden by a party, and applied upon that party's demand, as fixed by the judgment, without being And a paid to the referee, except to the amount of ten dollars. referee's compensation, including commissions, cannot, where the sale is under a judgment in an action to foreclose a mortgage, exceed fifty dollars, unless the property sold for ten thousand dollars or upwards, in which event the referee may receive such additional compensation as to the court may seem proper, or in any other cause five hundred dollars. In effect Sept. 1, 1895; L. 1895, ch. 241. L. 1869, ch. 579, 84, amended; and see Code of Proc., 309, amended; L. 1876, ch. 431, 11. Daly v. Jacob, 2 Abb. N. C.97; Richards v. Richads, id. 93; James v. Purcell, 2 T. & C. 536; 1 Hun, 318; Walbridge v. James, 16 id. 8; see Schemerhorn v. 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 there for, 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 per Bon, 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 |