PART III. Copies and exemplifications of any record, proceeding or order had or made before him, or of any papers filed in his office, transmitted on an appeal or furnished to any party on his request, six cents for every folio, to be paid by the person requesting them. For making, drawing, entering and recording every order for the sale of real estate, and every final order or decree on the final settlement of accounts, one dollar and fifty cents; and for the confirmation of the sale of real estate, seventy-five cents; and for making, drawing, entering and recording any other order or decree, when the same is not otherwise provided for, twenty-five cents. Hearing and determining, when the proof of a will or the right to administration or appointing a guardian is contested, two dollars. Taking, stating and determining upon an account rendered upon a final settlement, or determining and deciding the distribution of personal estate, if contested, two dollars for each day necessarily spent therein, not exceeding three days. For hearing and determining any objections to the appointment of an executor or administrator, or any application for his removal, or for the removal of any guardian; or any application to annul the probate of a will, two dollars. For hearing and determining upon an application to lease, mortgage or sell real estate, two dollars. For drawing and recording all necessary papers, and drawing and entering all necessary orders on applications for letters of administration, when not contested, and for all services necessary to complete the appointment of administrators, and for the appointment of appraisers, five dollars; but in cases where a citation is necessary, seventy-five cents in addition. For investing, for the benefit of any minor, any legacies, or the distributive shares of the estate of any deceased person, in the stocks of this state, or of the United States, one per cent for a sum not exceeding two hundred dollars; and for any excess, one-quarter of one per cent; for investing the same on bond and mortgage of real estate, one-half of one per cent, for a sum not exceeding two hundred dollars, and onequarter of one per cent for any excess. For receiving the interest on such investment and paying over the same for the support and education of such minor, one-half of one per cent. Appointing a guardian to defend any infant who shall be a party to any proceeding, fifty cents; but where there is more than one minor of the same family, and the same guardian is appointed for all, twenty-five cents for each additional minor; and no greater or other fee shall be charged for any service in relation to such appointment. Hearing and determining upon the report of commissioners for the admeasurement of dower, one dollar. For distributing any moneys brought into his office on the sale of real estate, two per cent; but such commission shall not in any case exceed twenty dollars for distributing the whole money raised by such sale, and no executors or other persons, authorized to sell any real estate by order of any surrogate, shall be allowed any commission for receiving or paying to the surrogate the proceeds of such sale; but shall be allowed their expenses in conducting such sale, including two dollars for every deed prepared and executed by them thereon, and a compensation not exceeding two dollars a day for the time necessarily occupied in such sale. But no fee shall be taken by any surrogate in any case when it shall appear to him, by the oath of the party applying for letters testamentary or of administration, that the goods, chattels and credits do not exceed the value of fifty dollars, nor shall he take any fee for copying any paper drawn by him or filed in his office, except as above provided. For drawing and recording all necessary petitions, depositions, affidavits, citations and other papers, and for drawing and entering all necessary orders and decrees, administering oaths, appointing guardians ad litem, and appointing appraisers, and for rendering every other necessary service in cases of proof of will and issuing letters testamentary, when not contested, and the will does not exceed fifteen folios, surrogates shall receive twelve dollars; and where the will exceeds fifteen folios, ten cents per folio for recording such excess, and six cents per folio for the copy of such excess to be annexed to the letters testamentary. For all fees on filing the annual account of any guardian, when the surrogate shall draw and take the affidavit of the guardian, and for examining such accounts, fifty cents; but when the same shall not be drawn nor taken by him, he shall charge no fees. No charge shall be made for drawing, copying or recording his bill of fees in any case. 14 N. Y., 286. S3. The fee for filing any paper in the surrogate's office is abolished. CHAP. X. S 4. No son, partner or clerk of any surrogate shall be Restriction. permitted to practice before such surrogate as attorney, solicitor or counsel for any party to any proceeding before him. to report to of state. $5. Each surrogate shall, on or before the twentieth day Surrogates of January next, make a report under oath, and transmit the secretary same to the secretary of state, without expense to the state, of all his fees received or charged, during the year eighteen hundred and forty-four, stating therein the gross amount in every case where the law gives him a gross sum; and in all other cases stating particularly every item thereof, and showing a full and accurate account of all fees received or charged arising from said office for said year; and also stating the items and amount of his disbursements; and annually thereafter, between the first and twentieth day of January in each PART III. Title amended. Fees so be taken. Sheriffs to receive 50 cents fees on execution. Fees to be taxed as disburse year, he shall make a similar report for the year then next preceding. $ 6. Title one of chapter three of part three of the Revised Statutes is hereby amended by adding thereto a section to be entitled the fourteenth section of said title as follows: S14. The provisions of the second section of this title shall not apply to surrogates' courts except in the cases enumerated in section forty-eight of article third of title second of chapter sixth of part second relating to letters testamentary and of administration, unless an objection shall be taken on behalf of the parties interested at the first hearing or proceedings before the surrogate, on account or such surrogate being disqualified by virtue of the said second section. CHAP. 339. AN ACT in relation to the fees of certain officers for taking the acknowledgment of deeds, and for other services. PASSED October 26, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. No officer authorized to perform such duties shall receive for administering any oath or affirmation, or for taking any acknowledgment, any greater sum than justices of the peace are now authorized by law to receive for like services. CHAP. 225. AN ACT in relation to the fees of sheriffs in certain cases, and to the return by them of executions by mail. PASSED April 8, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. In addition to the fees now allowed to sheriffs on executions against property in civil actions, they shall be entitled to demand and receive on such executions the sum of fifty cents for receiving and entering the same in their books, searching for property and paying the postage on the return of the said execution, if such return be made by mail, as hereafter provided, which sum shall be a charge against and to be collected of the person by whom the said execution was issued, except when he is a county clerk, or of the person in whose favor the judgment was rendered, except as is otherwise provided in section two of this act. S2. The said sum of fifty cents, in the case of judgments hereafter recovered, shall be one of the disbursements to be CHAP. X. included in the bill of costs fixed in favor of the party entitled ments in thereto. In cases when judgment has been already obtained, bill of costs. the said sum shall be collected by the sheriff from the defendant in the execution in the same manner as his other fees are now collected. may be S3. Sheriffs, under sheriffs, and deputy sheriffs, may return Process all process in civil actions by mail, where the officer making returned such return resides in a different place from that in which the by mail. clerk's office to which the return is to be made is located, and between which places there is a regular communication by mail; but such return to be valid shall be made as follows: the said process enclosed in an envelope and properly directed, shall be deposited in the post office nearest or most convenient to the said officer, and the postage thereon prepaid by the sheriff so returning the same. CHAP. 564. AN ACT to abolish the fees of county judges. PASSED April 15, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ment of S1. County judges shall not hereafter take or be allowed Abolishany fees for services rendered by them, except for such ser- fees. vices as may be performed by justices of the peace or commissioners of deeds. This act shall not be deemed to apply to surrogates' fees. county $ 2. No county judge shall receive or be allowed any greater Fees of fees for services rendered by him, than are now allowed by judges. law to said justices of the peace or commissioners of deeds. § 3. All laws inconsistent with this act are hereby repealed. CHAP. 775. AN ACT to increase the fees of justices of the peace. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The several justices of the peace in the state, hereafter Fees. shall be allowed and receive the following fees for the services hereinafter mentioned, in lieu of the fees now allowed by law for such services: For a summons, fifteen cents; for warrant, attachment, warrant of commitment, or transcript of judgment, twenty-five cents; adjournment, twenty-five cents; subpoena, including all the names inserted therein, ten cents; administering an oath, five cents; filing every paper necessary to be filed, five cents; swearing a jury, twenty-five PART III Costs to be included in cents; trial of an issue of fact, in case of an appearance and answer, fifty cents; entering judgment, twenty-five cents; taking affidavits, ten cents; drawing bond, twenty-five cents; and receiving and entering verdict of jury, twenty cents. $ 2. Whenever a judgment shall be rendered in a court of a judgment. justice of the peace, in civil actions, it shall be with the costs of suit; but the whole amount of all the items of such costs to be included in the entry of judgment, except charges for the attendance of witnesses from another county, shall not in any case exceed the sum of five dollars, unless such suit shall be adjourned more than once, at the request and on the motion of the party against whom judgment shall be finally rendered; and in such case the costs of such additional adjournment may be included in the entry of judgment. * $3. All acts and parts of acts inconsistent with this act are hereby repealed, except such as are locally applicable to any of the cities of this state. Fees of notary public. Compensation for CHAP. 170. AN ACT in relation to fees of notaries public in certain cases. PASSED April 8, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. It shall not be lawful for any notary public, directly or indirectly, to demand or receive for the service of any notices of the non-payment of any tax or assessment upon any mortgagee or mortgagees, pursuant to the act authorizing mortgagees to redeem real estate sold for taxes and assessments, passed May fourteenth, eighteen hundred and forty, and for a certificate thereof under his hand and seal, any greater fee or reward than seventy-five cents for each mortgage upon which such notice or notices are given. CHAP. 252. AN ACT in relation to the publication of legal notices. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. The proprietor or proprietors of any newspaper may publishing. charge and collect, for publishing any notice, order, citation, summons, or other proceeding or advertisement required by law to be published, not more than seventy-five cents per folio for the first insertion, and thirty cents for each subsequent insertion after the first. |