TITLE 2. court to appoint some proper person, being an attorney or counselor at law, to transact the business of the district attorney during the sitting of the court; and the person so appointed shall be entitled to the same compensation for the services he shall perform, that the district attorney would have been entitled to, for the like services, and his account shall be audited and paid in the same manner.1 Penalties and forfeitures. Ib. dupli cate reciepts. Annual account. To be sued if he neglect S204. [Sec. 91.] It shall be the duty of the several district attorneys to prosecute for all penalties and forfeitures, exceeding fifty dollars, which may be incurred in their respective counties, and for which no other officer is by law, specially directed to prose cute.2 $ 205. [Sec. 92.] It shall be the duty of every district attorney, whenever he shall receive any moneys for fines, recognizances, forfeitures or penalties, to deliver to the officer or person paying the same, duplicate receipts, one of which shall be filed by such officer or person in the office of the county treasurer.2 $206. [Sec. 93.] Every district attorney shall, on or before the first Tuesday of October in each year, file in the office of the county treasurer, an account in writing, verified by the oath of such district attorney, of all moneys received by him by virtue of his office, during the preceding year; and shall at the same time pay over such moneys to the county treasurer.2 $207. [Sec. 94.] Whenever any district attorney shall refuse or to account. neglect to account for and pay over the moneys so received by him, as required by the last section, it shall be the duty of the county treasurer to cause a suit to be instituted for the recovery of such moneys, for the benefit of the county, against such district attorney.2 Assistant district Restriction as to law partners of district at torneys. * * $ 208. The district attorney of the county of Albany may apattorney. point an assistant, who shall hold his office during the pleasure of said district attorney; and the board of supervisors of the city and county of Albany are hereby authorized to pay said assistant such annual sum for his services as they may deem just, not exceeding the sum of six hundred dollars. [1855, ch. 256, § 10.] S209. No attorney, solicitor or counselor, shall directly or indirectly advise in relation to, or aid, or take any part whatever in the defense of any cause, matter, suit or proceeding which shall be brought, carried on, aided, advocated or prosecuted in any court of civil or criminal jurisdiction, by any person as district attorney, or other public prosecutor with whom he shall be interested or connected, either directly or indirectly, as a partner in the same or any other court; or take or receive, directly or indirectly, of or from any defendant therein, any fee, gratuity or reward, for or upon any cause, consideration, pretense, understanding or agreement whatever, either express or implied, having relation thereto, Restriction or to the prosecution or defense thereof. [1846, ch. 120, § 1.] *S210. No attorney, solicitor or counselor, who shall have counselors brought, carried on, aided, advocated or prosecuted, or shall have who acted been in any wise connected with any cause, matter, suit or pro as to attor. neys, solicitors or -as district attorneys. 1 Laws of 1824, p. 314, § 1. 2 Laws of 1818, p. 307, §7; 1820, p. 193, §§ 1, 2 and 3. ceeding in any court, as district attorney, or other public prosecutor, shall at any time thereafter, directly or indirectly, advise in relation to, or aid or take any part whatever in the defense thereof, or take or receive, either directly or indirectly, of or from any defendant therein, or other person, any fee, gratuity or reward, for or upon any cause, consideration, pretense, understanding or agreement whatever, either express or implied, having relation thereto, or to the prosecution or defense thereof. [1846, ch. 120, § 2.] ART. 7. S211. Every attorney, solicitor or counselor who shall vio- Penalty. late either of the two preceding sections, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine or imprisonment, or both, at the discretion of the court; and he shall be removed from office in the several courts in which he is licensed. [Same ch., § 3.] S212. This act shall not be construed to prohibit any attorney, Saving solicitor or counselor, from defending himself in person, if prosecuted, either civilly or criminally. [Same ch., § 4.] tion, &c. Hill, 364. 2 do., 136; Cow., 260. trict attor ceive a sala $213. [Sec. 95.] The district attorney of the city and county Compensaof New York shall receive for his services an annual salary, to be New-York. fixed and paid by the board of supervisors of said city and county; and the district attorneys of all other counties in the state, shall 4 be paid for their services in conducting criminal prosecutions, by their respective counties, upon their accounts duly taxed by some officer authorized to tax bills of costs in the supreme court, according to the rates allowed by law.1 [As modified by ch. 441, of 1851, §3.] *S 214. The district attorney of the said county of Erie, after Erie disthe passage of this act, shall not be entitled to have or receive any ney to refee or reward for services in criminal prosecutions and proceedings, ry instead but in lieu thereof he shall receive a salary of not less than at the of fees. rate of one thousand dollars per year for the time he shall perform the duties of such office; which salary, for the year ending with each annual meeting of the board of supervisors of said county, shall be fixed by such board at such annual meeting, and shall be allowed and paid by such board of supervisors, as other county charges are allowed and paid: and the said district attorney shall, in all cases of criminal prosecution and conviction, make up the record of conviction; and before he shall be entitled to the payment of his salary, he shall produce to the officer paying the same, the certificate of the county clerk that such records have been filed. [1835, ch. 120, § 4.] bond of Erie coun $215. The district attorney of the county of Erie shall, on or Official before the first day of May next, make and execute a bond to the district treasurer of the county of Erie, in the penalty of four thousand roof dollars, with good and sufficient sureties, approved by said trea- ty. surer, in writing, upon or attached to said bond, conditioned that said district attorney shall well and truly account for and pay over, according to law, all moneys that have or may come to his hands as such district attorney. Such bond shall be filed by the said treasurer in his office. The district attorney hereafter elected or appointed for said county shall, before he enters upon the duties 1 Laws of 1818, p. 307, § 6, 1821 p. 91. TITLE 2 of his office, make and execute a bond in the manner aforesaid. Official bond, &c. Ib. Assistant district attorney to be appointed attorney. [1857, ch. 395, § 1.] S216. If the said district attorney shall fail or neglect to make and execute such bond within the time aforesaid, it shall be a good ground for removal from office, and if such failure or neglect shall occur on the part of any person hereafter elected or appointed to said office, it shall be deemed a refusal to accept the said office, and the same shall thereby become vacant. [Same ch., § 2.] 217. If any breach shall occur in the condition of said bond, it shall be the duty of the said treasurer to prosecute the same in any court having cognizance thereof, and the moneys collected thereon shall be paid and applied in the same way and manner now provided by law. [Same ch., § 3.] $218. The present district attorney of Erie county, and every district attorney hereafter elected or appointed to that office, may appoint some proper person, who shall be an attorney or counby district selor of the supreme court, assistant district attorney of said county, to hold his office during the pleasure of the district attor ney, and as often as such assistant shall die, resign, or be removed from office, or become incapable of executing the duties thereof, to appoint another in his place; every such appointment shall be in writing, under the hand and seal of the district attorney, and shall be filed and recorded in the office of the clerk of said county. Every such assistant district attorney shall, before he enters upon the duties of his office, take the oath of office prescribed in the constitution. The district attorney shall be responsible for all the acts of his assistant; but such appointment shall not be made until the board of supervisors of said county, by resolution, shall recommend the same, and for that purpose said board is hereby authorized to act thereon at the first or any subsequent meeting thereof, after the passage of this act. [Same ch., § 4.] Assistant to perform du *S 219. Whenever the district attorney shall be absent from ties apper the county of Erie, or from his office, or by reason of sickness or any other cause shall be incapable of performing all the duties of his office, his assistant may perform all the duties appertaining to such office. [Same ch., § 5.] taining to office of district attorney. District attorney *S 220. In all actions and proceedings prosecuted or defended to receive by the district attorney of Erie county, he shall be entitled to and receive, in addition to his salary, all the costs collected by him in such actions. [Same ch., § 6.] certain costs. Assistant. Genesee. Washington. * S221. The assistant district attorney of Erie county shall receive for his services, in criminal proceedings, an annual salary, to be fixed by the board of supervisors of said county, and paid in the same manner as the salary of the district attorney. [Same ch., $ 7.] S222. The district attorney of the county of Genesee shall receive for his services an annual salary, not less than four hundred dollars, and not exceeding seven hundred dollars, to be fixed and paid by the board of supervisors of said county. [1838, ch. 308, as amended 1844, ch. 210.] $223. The district attorney of the county of Washington shall receive for his services an annual sulary, not less than four hundred dollars, and not exceeding six hundred dollars, to be fixed _ART. 7. and paid by the board of supervisors of that county. [1838, ch. 309.] $224. The district attorney of the county of Rensselaer shall Rensselaer. receive for his services an annual salary, not less than eight hundred dollars, and not exceeding twelve hundred dollars, to be fixed and paid by the board of supervisors of that county. [1838, ch. 310.] $ 225. The district attorney of the county of Onondaga shall, Onondaga. for his services and in lieu of all fees and costs, receive an annual salary not less than ten hundred and not exceeding fifteen hundred dollars, to be fixed and paid by the board of supervisors of said county. [1857, ch. 451.] $226. The district attorney of the county of Albany shall re- Albanyceive for his services in civil and criminal proceedings, including the prosecution of recognizances, bastardy cases, and for the performance of all other official or professional services that may be required of him by law, or by the board of supervisors of the said county of Albany, or its chairman, an annual salary of not less than fifteen hundred dollars, and not more than two thousand dollars, to be fixed annually, and paid by the said board of supervisors. [1849, ch. 185, § 1.] county treasurer. * $ 227. It shall be the duty of the district attorney of said coun- Costs to be ty to collect and pay over to the county treasurer the taxable paid to costs, in all cases where the court in which any criminal proceeding may be pending, shall order the same to be discontinued on payment of costs. [1840, ch. 28, § 2.] district S228. It shall be the duty of the said district attorney to per- Duty of form such official or professional services in relation to matters in attorney. which the said county of Albany may be interested, as shall be required of him by the said board of supervisors, or its chairman, without any other compensation than is above provided. [1849, ch. 185, $ 2.1 accounted *$229. It shall be the duty of said district attorney within Fees to be thirty days after the receipt by him of any money for judgments, acco fees or costs in suits brought upon recognizances or otherwise, for the benefit of said county, to pay over the same except his taxable disbursements therein, to the treasurer of said county. [Same ch., § 3.] $230. So much of the act entitled "An act concerning the Repeal. district attorney of the county of Albany," passed February 21, 1840, as is inconsistent with this act, is hereby repealed; and no law inconsistent with this act shall extend to the county of Albany. [Same ch., § 4.] * $231. The district attorney of the county of Tompkins shall Tompkins. receive for his services in criminal cases, in lieu of the compensation now allowed by law, an annual salary, not less than three hundred dollars, and not exceeding five hundred dollars, to be fixed and paid by the board of supervisors of said county. [1840, ch. 73.] *$232. The district attorney of the county of Monroe shall receive Monroe. for his services in criminal cases, in lieu of the fees now allowed by TITLE 2 law, an annual salary, not less than one thousand dollars, and not exceeding two thousand dollars, to be fixed and paid by the board of supervisors of said county.' [1840, ch. 99.] Oswego. Dutchess. Wyoming. Cayuga. Delaware. Costs and fees to be taxed. Chenango. Disbursements to be allowed. Taxable costs to be urer. $233. The district attorney of the county of Oswego shall receive for his services in criminal cases, in lieu of the compensation now allowed by law, an annual salary, not less than four hundred dollars, and not exceeding six hundred dollars, to be fixed and paid by the board of supervisors of said county. [1840, ch. 210.] * S234. The district attorney of the county of Dutchess shall receive for his services in criminal cases, in lieu of the compensation now allowed by law, an annual salary not less than five hundred dollars, and not exceeding ten hundred dollars, to be annually fixed and paid by the board of supervisors of said county. [1840, ch. 281.] *$235. The district attorney in the county of Wyoming, instead of the fees now allowed by law, shall receive for his services an annual salary, not less than two hundred dollars, and not exceeding five hundred dollars, the amount thereof to be fixed and altered from time to time, by the board of supervisors of said county, as they shall think proper. [1843, ch. 176.] * S236. The district attorney of the county of Cayuga shall receive for his services in criminal cases, in lieu of the fees now allowed by law, an annual salary of not less than four hundred dollars nor more than six hundred dollars, to be fixed and paid by the board of supervisors of said county. [1843, ch. 192.] S237, The district attorney of the county of Delaware shall not receive for his services, annually, a sum exceeding three hundred dollars. [1844, ch. 22, § 1.] * 238. The said district attorney for his services shall receive his costs and fees, to be taxed and paid as now required by law, subject to the restriction contained in the preceding section. [Same ch., § 2.] $239. The district attorney of the county of Chenango shall receive for his services, in criminal proceedings, in lieu of all costs and fees in such proceedings, an annual salary of five hundred dollars, to be paid annually by the board of supervisors of said county. [1844, ch. 88, § 1.] S240. The board of supervisors of said county shall also annually audit, allow and pay to the district attorney of said county all disbursements and expenses actually paid out and incurred by him in the performance of his duties as district attorney in criminal proceedings, the items specified in writing and proved by his own oath before the board of supervisors. [Same ch., § 2.] *S 241. It shall be the duty of the district attorney of said paid treas county to collect and pay over to the county treasurer the taxable costs, in all cases where the court in which any criminal proceeding may be pending shall order the same to be discontinued on payment of costs, which costs shall be paid to the county treasurer within thirty days after the receipt of the same. [Same ch., § 3.] 1 By section 7 of ch. 379 of 1849, this salary is declared to be in full for all services for the county in civil as well as criminal proceeding, and he is required quarterly to pay over on oath to the county treasurer all costs or fees received. |