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But this act shall not operate to change the present rates of compensation for the publication of the Session Laws; nor shall the provisions of this act apply to proceedings in surrogates' courts, or any notices required to be published relating to the estates of deceased persons.

S2. All laws and parts of laws inconsistent with this act are hereby repealed.

CHAP. 493.

AN ACT fixing the fees of justices of the peace in civil and criminal cases, and for other purposes.

PASSED April 17, 1860; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. Justices of the peace in the state shall hereafter be allowed and receive the fees hereinafter stated, for the following services in civil cases.

For a summons, fifteen cents; for warrant, attachment, or transcript of judgment, twenty-five cents; adjournment, twenty-five cents; for each subpoena, including all the names inserted therein, twenty-five cents; administering an oath, five cents; filing every paper necessary to be filed, five cents; swearing a jury, twenty-five cents; swearing a constable, five cents; trial of an issue of fact, in case of appearance and answer, fifty cents; entering judgment, twenty-five cents; taking affidavit, ten cents; drawing any bond twenty-five cents; receiving and entering verdict of jury, twenty cents; venire, twenty-five cents; drawing affidavits, applications and notices, where required by law, five cents per folio; execution, twentyfive cents; for the renewal of the same, twenty-five cents; for making a return to an appeal, two dollars; a warrant for the apprehension of any person charged with any violation of the laws concerning the internal police of the state, or with being the father of a bastard, twenty-five cents; indorsing any such warrant, issued from another county, twentyfive cents; a summons for any offense relating to the internal police of the state, or in case of any special proceedings to recover the possession of land, or otherwise, twenty-five cents; for drawing a record of conviction for contempts and other special cases, fifty cents; an execution upon any such conviction, twenty-five cents; a warrant of commitment, for any cause, twenty-five cents; for a precept to summon a jury in special cases, thirty-five cents; swearing such jury, twentyfive cents; hearing the matter concerning which a jury is summoned, fifty cents; receiving and entering their verdict, twenty cents; for a view of premises alleged to be deserted, fifty cents; hearing an application for a commission to examine witnesses. fifty cents; for every order for such com

CHAP. X.

Fees of the peace

justice of

in civil cases.

PART III.

Judgments

in civil

include

costs of

suit.

mission, and attending, settling and certifying interrogatories, fifty cents; for taking depositions of witnesses, upon an order or commission issued by some court in this or a foreign state or territory, five cents per folio, and for making the necessary return and certificates thereto, fifty cents.

As amended by Laws of 1861, ch. 11.

S2. Whenever a judgment shall be rendered in a court of actions to justice of the peace, in civil actions, it shall be with costs of the suit; but the whole amount of 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 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.

Fees of justices in criminal cases.

Courts of special sessions.

Fines in

courts of sessions

Fees in criminal cases.

$3. The several justices of the peace in the state, hereafter shall be allowed and receive the following fees for the services hereinafter mentioned, in criminal cases:

For administering an oath, five cents; a warrant (but no person shall be obliged to issue a warrant on any complaint for assault and battery unless the person making such complaint and requiring such warrant shall pay the fee therefor), twenty-five cents; a bond or recognizance, twenty-five cents; a subpoena, including all the names inserted therein, twentyfive cents; a commitment for want of bail, twenty-five cents; for an examination of the accused, where such examination is required by law, one dollar; for every necessary adjournment of the hearing or examination, twenty-five cents.

Fees of courts of special sessions.

For a venire to summon a jury, twenty-five cents; for swearing a jury, twenty-five cents; for swearing each witness on the trial, five cents; for a subpoena, including all names inserted therein, twenty-five cents; for a trial fee, one dollar per day during the necessary and actual continuance of the trial; for swearing constable, five cents; for receiving and entering the verdict of the jury, twenty cents; for entering the sentence of the court, twenty-five cents; for warrant of commitment on sentence, twenty-five cents; for record of conviction and filing same, seventy-five cents; but all such charges, in any one case, shall not exceed five dollars, unless such court continue more than one day; in such case the costs of such additional day may be added thereto; for a return to any writ of certiorari, to be paid by the county, two dollars.

$4. Whenever a conviction shall be had in any court of sessions for any criminal offense, a record thereof shall be in criminal made by said court and filed in the office of the clerk of the

cases.

county where said conviction shall be had, within thirty days from the time of said conviction; and whenever any fine imposed by said court shall be paid to said court, the same shall be paid to the treasurer of said county within thirty days after the receipt thereof; and any neglect or refusal to file such conviction, or pay over said money within the period afforesaid, shall be deemed a misdemeanor.

$5. 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.

CHAP. X.

T

GENERAL INDEX

TO THE

MATTERS CONTAINED IN THE THIRD, FOURTH, AND FIFTH VOLUMES.

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III, 26, 33
III, 72, 74

when converted into colleges,.

powers of trustees,.

resignation of trustees,.

appropriation for,.

number limited,.

capital stock in,.

incorporation of,.

annual reports of,.

quorum of trustees,.

.....

III, 428, 435

III, 428

III, 431

as to common school teachers, III, 439, 499
Accommodation, for travelers. [See Taverns.]
for courts,.
v, 5, 8, 14
Accountability of guardian in actions,... V, 118
Accounting, before surrogate,... IV, 493, 497
Accounts, of state treasurer,.. III, 27, 105, 123
between different funds,..
III, 106
..... III, 302, 304, 307

of town officers, . . . . .
of Regents of the University,.

of supervisors,....
of overseers of poor..

items of, in pleading,.
executors to be filed,.

by agricultural societies,.

Accumulating fund associations,.

how formed,

powers,

III, 423

III, 307

Act ratifying confederation of U. S., v, Ap.,

amendment of same,.

Actions, in behalf of the state,.
costs in,

by county superintendents, IV, 3, 46, 96

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99, 102

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IV, 36
...... IV, 69

IV, 53, 72

IV, 75, 90
...... IV, 82

IV, 93
IV, 122

...... IV, 198
IV, 251

.....

by comm'rs of emigration,... IV, 306, 317

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by city of New York,

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....

capital,

borrowing money,

stock for minors,.

..... IV, 284
IV, 357
IV, 375, 388, 421
in name of the people,.... IV, 79, 99, 187
202, 205, 214, 225, 241, 269, v, 23

by justices of the peace,.

........

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IV, 50
IV,

53

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