office of the clerk of the city and county of New York, become __ART. 4. mutilated or injured by use, so that they cannot be conveniently examined, and the supervisors of the said city and county shall have authorized them to be copied, the said copies, when certified by the said clerk to be correct copies of the originals, shall have the validity of the said originals. [1846, ch. 122.]

cide on suf

when clerks

cant, &c.

S124 [Sec. 66.] In all cases in which a county clerk shall be who to deauthorized to judge of the competency of the sureties offered by a ficiency of person appointed to office, if there be a vacancy in the office of sureties county clerk, or he be absent from the county, or be incapable of office va performing the duties of his office, it shall be lawful for the county judge to decide upon the competency of such sureties; and for that purpose to administer any oath and make any examination that may be required.1 [As modified 1847, ch. 280, § 29.]

[378]

of fees to

book.

S125. The register of the city and county of New York, and Accounts every county clerk, shall keep in his office a book in which shall be kept in a be entered all fees charged or received by him for official services, the time of rendering the same, the persons, if known to him, for whom the same were rendered, and a brief statement of the nature of the service for which any fee is charged or received. [1844, ch. 125, §1.]

for inspec

S126. Such books shall be open for inspection without fee or To be open reward, at all times when the office in which they are kept shall tion. be open for the transaction of business. [Same ch., § 2.]

$127. The said register and every county clerk shall, between the first and tenth day of January in every year hereafter, make and transmit, free of expense, to the secretary of state, a statement which shall exhibit

Register of

New York and county

clerks to

send statement to

secretary of

1. The amount of all fees charged or received by the person state. making the same, for recording deeds, mortgages and other papers, and for certificates of such recording;

2. The amount of all fees charged or received by him for searching the files and records of his office, and for certificates of such searches ;

3. The amount of all sums charged or received by him for services rendered for the county;

4. The amount of all sums charged or received by him for all other official services;

5. The sums paid by him for assistance in the performance of his official duties, and the names of the persons to whom the same were paid, and also the sums paid for fuel, lights and stationery and other expenses incident to his office, with the particular items thereof. [Same ch., § 3.]

to.

S 128. To every such statement, the affidavit of the person statements making the same, that the facts therein set forth are true, shall be to be sworn annexed or subjoined; which affidavit shall be sworn to before some officer authorized to take affidavits to be read in the supreme court. [Same ch., § 4.]

S 129. The statements made in January next, in pursuance of Statements this act, shall be the period commencing on the day on which this when t

1 Laws of 1815, p. 88, § 1.

commence.

TITLE 2 act shall take effect as a law, and ending on the thirty-first day of December next; and such statements made after January next, shall be for the year ending on the thirty-first day of December next preceding the time of making the same. [1844, ch. 125, § 5.] S130. No county clerk shall make any charge against the Counties for county for fuel or lights for his office, or for stationery, except record books and stationery furnished by him for courts held in the county, and no charge shall be made by any county clerk or register for filing and docketing the transcript of a judgment entered in any other office in this state. [Same ch., § 6.]

Clerks not to charge

fuel, &c,

Seals of

County courts.

Certain acts declared not

clerks; county clerks to make re

turns.

* § 131. The seal required to be procured by any county clerk by the seventy-second section of the said chapter,1 shall be the seal of the county of such clerk, and shall be used by him in all cases where he is or shall be required to use an official seal. [1847, ch. 470,

36.1

*S 132. The second and subsequent sections of chapter three applicable hundred and eighty-eight of the Laws of one thousand eight hundred and thirty-nine, and chapter three hundred and forty of the Laws of one thousand eight hundred and forty, shall not apply to county clerks from and including the first Monday of July, one thousand eight hundred and forty-seven; but nothing in this section contained shall be deemed to exempt county clerks from keeping accounts of their fees, and transmitting to the secretary of state statements thereof, as provided by chapter one hundred and twenty-five of the Laws of one thousand eight hundred and forty-four; but every county clerk, and the register of the city and county of New York, shall keep an account of all their fees charged or received by them, or which might be lawfully charged or received by them respectively, and shall file in the office of the said secretary statements thereof, in the manner and at the times specified in the last mentioned chapter. [Same ch., § 37.]

County clerk not

to tax costs

in certain cases.

[ Code, 311.]

Transcripts of judg.

dered in United

courts may

$133. No county clerk shall tax costs in any case except where the amount thereof, exclusive of actual disbursements, which the party for whom they shall be taxed shall be entitled to recover, shall be limited by law; and the taxed bill of costs, and all affidavits presented to the taxing officer on the taxation of such costs, shall be in all cases attached to and filed with the judgment record or enrollment. [Same ch., § 38.]

*S134, Transcripts of judgments rendered in this state in any ments ren- court of the United States, duly certified by the clerk of such court, may be filed and docketed by the clerk of any county in this state, States in the same manner as judgments rendered in the supreme court be docketed of this state. And after the thirty-first day of January next, all of county judgments, decrees, and all transcripts of judgments and decrees, docketed in the office of any county clerk, shall be docketed in the same docket. [Same ch., § 39.]

by the clerk

Salary of county

*S 135. Before the first day of November, eighteen hundred clerk to be and forty-nine, the board of supervisors of the county of Erie shall, by a resolution to be entered in the minutes of the proceedings of said board, fix the annual salary of the county clerk of said county;

fixed.

1 Ch. 280, 1847, "An act in relation to the judiciary."

and said board shall in like manner, on or before the first Monday ART. 4 next preceding any election of a county clerk in the said county, fix the annual salary of the clerk so to be elected for such county, and the salary of such clerk shall not be increased or diminished during the term for which such clerk shall have been elected. The clerk of such board shall, within fourteen days after the adoption of such resolution, cause a copy thereof, certified by him, to be filed in the office of the treasurer of Erie county. [1849, ch. 115, § 1.]

when and

paid.

* 136. The salary so fixed shall be subject to the limitations, Salary, restrictions and deductions hereinafter mentioned; it shall be paid how to be at the end of each quarter, as hereinafter provided; it shall constitute the whole compensation which shall be allowed or paid to or received by said clerk, for all official services performed by him or in his office, for the state, for the county and for indididuals, or which he shall be required or authorized by law to perform by virtue of his office as said clerk, or by reason of being such clerk; for such compensation, it shall be the duty of said clerk to perform all the official services which he is or shall be required or authorized by law to perform by virtue of his office of such clerk, or by reason of his holding such office, including his duties as clerk of every court of which he is or shall be clerk; and no compensation, payment or allowance shall be made to him, or for his own use, for any of such services, except the salary aforesaid. [Same ch., 2.].

*

be made for

$137. The said board of supervisors shall from time to time Provision to make provision for the payment of such clerks and assistants, as clerk here. may be necessary for the transaction of the business of said office, and for the payment of all the incidental expenses of the office which shall be audited, settled and paid, as are other county charges and expenses. [Same ch., § 3.]

long to the

Erie.

S138. From and after the thirty-first day of December, eigh- Fees to beteen hundred and forty-nine, all the fees, emoluments and perqui- county of sites which such clerk shall charge or receive, or which he shall legally be authorized, required or entitled to charge or receive, shall belong to the county of Erie; it shall be his duty to exact, collect and receive all such fees, emoluments and perquisites to and for the use of the county of Erie, and from and after the last mentioned day, such clerk shall not receive for his own use, or for any use or purpose whatever, except for the use of the county of Erie, any fees, emoluments or perquisites for any official service whatsoever. The said board of supervisors may, in their discretion, by a resolution to be entered in the minutes of their proceedings, authorize the said county clerk to retain from the moneys received by him for said fees, a certain sum in each quarter, to be fixed by said resolution, to be paid by said clerk, on account of clerk hire and incidental expenses, and accounted for by said clerk to said board at its annual meeting, a copy of which resolution shall be filed by the clerk of said board in the office of the county treasurer. [Same ch., § 4.]

*S 139, From and after the day specified in the last preceding section of this act, said clerk shall keep in his office a proper book

Accounts of laser

official vices and

kept in a book.

TITLE 2. or books, in which shall be entered and kept accurate accounts of fees to be all official services performed by him or by any other person in his office, by virtue of his office, or by reason of his holding such office, and all fees and emoluments and perquisites charged or received by him, or which might legally be charged or received by him for such services, which book or books shall show every such service so performed, its character, the time of performing it, the name of the person for whom it was performed, the fees legally chargeable therefor, and whether they were paid or not. [1849, ch. 115, § 5.]

Such book

of the

records.

*140. Such book or books shall remain in such office as a part to be a part of the records thereof, and shall be delivered by said clerk to his successor in office; and they shall, at all times during office hours, be open for inspection without any fee or charge thereof, to every person desiring to examine the same. [Same ch., § 6.]

Fees to be paid in ad

vance.

Clerk to be

responsible for fees credited.

Quarterly

account to

ed.

$141. Said clerk shall require payment in advance upon all papers left to be recorded, and shall also require payment for all other services rendered in said clerk's office, and fees accruing therein, as soon as the amount thereof shall be ascertained, so that no credit shall be given except for clerk's fees in suits and other legal proceedings conducted by a practicing attorney of some court of record of this state; searches and certificates of search for the foreclosure of mortgages or other purposes, shall not be embraced in the above exception. [Same ch., $7.]

*S 142. If any credit shall be given by said clerk to any person or persons residing in the county of Erie, or elsewhere, except as mentioned in the seventh section, for any such fees, emoluments or perquisites, it shall be given at his own risk, and all such fees, emoluments or perquisites which shall not have been paid by any person or persons to whom credit may have been given by said clerk contrary to the provisions of this act, at the time when he shall be required by this act to account for the same and be entitled to reveive and have allowed to him a payment on account of his salary, shall be charged to him and deducted from such payment, but all such fees, emoluments and payments for which credit shall be given as aforesaid, shall, after such amount has been rendered, belong to the clerk giving such credit, and he may sue for and recover in his own name. [Same ch., § 8.]

$143. Such clerk shall render to the county treasurer of the be render county of Erie, quarterly, an account of all such fees, emoluments and perqusites, charged or received by him, or which he might legally charge or receive, and of the amounts paid by him on account of clerk hire and incidental expenses of the office. [Same ch., § 9.]

Termina

tion of quarters.

Each ac

set

S144. The quarters for which such accounts shall be so rendered, shall terminate on the last days of March, June, September and December; and the account for every such quarter, shall be so rendrred within fifteen days after the termination thereof. [Same ch., § 10.]

145. Every such account shall set forth the whole amount forth the of such fees, emoluments and perquisites which shall have accrued during the quarter for which it shall be rendered, including both

whole

amount.

those which shall have been paid and those which shall be unpaid, ART. 4. but stating the same separately; and it shall specify in the follow

ing order, the amounts which shall have so accrued:

1. For recording deeds;

2. For recording mortgages;

3. For recording other documents and papers;

4. For docketing judgments and canceling dockets;

5. For searches and certificates thereof;

6. For copies and exemplifications of papers and records;

7. For filing papers;

8. For all other services, specifying each service particularly. [1849, ch. 115, § 11.]

davit.

*S 146. The correctness of every account so rendered, shall be To be veri verified by an affidavit or affidavits thereto annexed, made by such fled by afflclerk or the person or persons by whom the accounts specified in the sixth section of this act, shall have been kept in his office during the quarter for which such account shall be so rendered; and in case such verification shall be by the affidavit of any person other than such clerk, the affidavits of such clerk shall be annexed to such account, and shall set forth by whom and in what manner the accounts of his office specified in the said section shall have been kept during the quarter for which such account shall be so rendered, and that he verily believes such account to be, in all respects, perfectly accurate. [Same ch., § 12.]

amount to

county

S 147. At the time of rendering any such account, such clerk The whole shall pay over to the county treasurer, the whole amount of the be paid to fees, emoluments and perquisites which shall have been accrued at treasurer. his office during the quarter for which such account shall be so rendered, including both those which shall have been paid and those which shall be unpaid, except as provided in the seventh section of this act, or the balance of such amount after making such deductions therefrom, on account of what may be due to such clerk for his salary, as shall be hereinafter authorized, and after deducting the amount authorized to be retained by him for clerk hire and incidental expenses, as is provided in the fourth section of this act. [Same ch., § 13.]

to pay

ry.

*S 148. When any such account shall be so rendered within the Treasurer time specified in the tenth section of this act, and verified as afore- clerk's sala said, the county treasurer shall allow to such clerk rendering the same, such sum or sums as may be due to him on account of his salary so fixed, for the quarter for which such account shall be so rendered, or for any preceding quarter of the same year, and shall take his receipt for the sum so allowed; but no deduction shall be made from such account, or from the account which such clerk shall be required to pay over as aforesaid on rendering the same, on account of any of the fees, emoluments or perquisites embraced therein not having been actually paid to such clerk except as provided in the seventh section of this act. [Same ch., § 14.]

disburse

*S 149. At the time of so rendering every account for the quar- Accounts of ter ending on the last day of September in each and every year, ments made and also within fifteen days after the time any such clerk shall go be rendered out of office, it shall be his duty to render a particular account in on the last

by him to