§ 3319. Id.; on deposition to be used in another State. A witness, attending before a commissioner or an officer, authorized to take his deposition to be used without the State, in a case other than one specified in section 3237 of this act, is entitled to two dollars for each day's actual attendance and to eight cents for each mile, going to the place of attendance. 2 R. S. 398, 31, amended; L. 1867, ch. 68, 2 (7 Edm. 53). § 3320. Receiver's commissions. - A receiver, except as otherwise specially prescribed by statute, is entitled, in addition to his lawful expenses, to such a commission, not exceeding five per centum upon the sums received and disbursed by him, as the court by which, or the judge by whom he is appointed, allows. Code of Proc., 244, subd. 4. § 3321. Fees of county treasurer and chamberlain of N. Y. A county treasurer, or, in the city and county of New-York, the chamberlain, is entitled, for the services specified in this section, to the following fees: For receiving money paid into court, one half of one per centum, upon the sum so received. For paying out the same, one half of one per centum, upon the sum so paid out. For investing money, pursuant to the direction of a court, one half of one per centum upon the sum invested, not exceeding two hundred dollars, and one quarter of one per centum upon the excess, over two hundred dollars. For receiving the interest upon an investment, and paying the same to the person entitled thereto, one half of one per centum upon the interest so received and paid. 2 R. S. 639, 30 (2 Edm. 661), and L. 1849, ch. 357 (4 Edm. 597). $3322. Fees of a justice of the peace. - A justice of the peace is entitled, for the services specified in this section, to the following fees: 1. In an action brought before a justice of the peace. For a summons, twenty-five cents. For an order of arrest, twenty-five cents. For a warrant of attachment, twenty-five cents. For a requisition in an action for a chattel, twentyfive cents. For a subpoena, including all the names inserted therein, twenty-five cents. For the acknowledgment of a power of attorney, twenty-five cents. For taking an affidavit, or administering an oath, ten cents. For drawing an affidavit, application, or notice, required by statute, five cents for each folio. For drawing a bond or an undertaking, twenty-five cents. For hearing an application for a commission to examine one or more witnesses, fifty cents. For an order for such a commission, and attending, settling, and certifying interrogatories, fifty cents. For hearing an application to discharge a defendant from arrest, or to vacate or modify a warrant of attachment, or increase the plaintiff's security thereupon, fifty cents. For an adjournment, except where it is made by the justice upon his own motion, twenty-five cents. For a venire, twenty-five cents. For empanelling and swearing a jury, twenty-five cents. For hearing the plaintiff's evidence, where the defendant does not appear, twenty-five cents. For the trial of a demurrer, twenty-five cents. For the trial of an issue of fact, where the defendant appears, seventy-five cents. For receiving and entering the verdict of a jury, twenty-five cents. For entering judgment, twenty-five cents. For filing each paper required by statute to be filed, five cents. For a transcript of a judgment, twenty-five cents. For a copy of any paper for which a fee is not expressly prescribed by law, six cents for each folio. For an execution, or the renewal of an execution, twenty-five cents. For making a return upon an appeal from a judg ment, two dollars. For an order, directing an action or a special proceed. ing to be continued before another justice, twenty-five cents. For services when associated with another justice, in any case where a fee therefor is not expressly prescribed by law, for each day actually spent, two dollars. 2. In a special proceeding, or an action not brought before a justice of the peace. For a warrant, in a case where a fee therefor is not expressly prescribed by law, twenty-five cents. For a warrant for the apprehension of a person charged with being the father of a bastard, fifty cents; for indorsing a warrant, issued from another county, twenty-five cents. For services when associated with another justice, in any case where a fee there for is not expressly prescribed by law, for each day actually spent, two dollars. For a precept or other mandate, whereby a special proceeding is commenced, in a case where a fee therefor is not specially prescribed by law, twenty-five cents. For a view of real property, in a case where it is required by law, fifty cents. For a warrant of attachment to arrest a delinquent juror or witness, twenty-five cents. For drawing, signing, and depositing with the clerk, a minute or record of conviction of such a juror or witness, or of any person for contempt, in any case where a fee therefor is not specially prescribed by law, fifty cents. For an execution upon such a conviction before him, twenty-five cents. For drawing, copying, and certifying a bond, an undertaking, a recognizance, or other written security, and filing the same with the county clerk, or other officer with whom it must be filed, twenty-five cents. For a warrant of commitment for any cause, twentyfive cents. For a subpoena, including all the names inserted therein, twenty-five cents. For a precept to notify a jury, fifty cents. For empanelling and swearing a jury, twenty-five cents; except in proceedings to alter or lay out a highway, in which case he is entitled to two dollars. For hearing the matter concerning which a jury is called, fifty cents. For receiving and entering the verdict of the jury, and the order, if any, thereupon, twenty-five cents. For any service for which a fee is not expressly allowed by this subdivision, and for which, if rendered in an action before a justice, a fee is allowed by the first subdivision of this section, the fee allowed in such an action for the same service. For taking the deposition of a witness, upon an order made, or commission issued, by a court of record of the State, or a court in another state or a territory, or a foreign country, ten cents for each folio. For making the necessary return and certificate thereto, fifty cents. For taking an affidavit or administering an oath, ten cents. 2 R. S. 264,228 (2 Edm. 272), amended, and 2 R. S. 637, 1 29 (2 Edm. 658), amended. 3323. Constable's fees. A constable is entitled, for the services specified in this section, to the following fees: 1. In an action brought before a justice of the peace, or in a justices' court of a city. For serving a summons, twenty-five cents. For serving a summons and executing an order of arrest, one dollar. For serving a summons and levying a warrant of attachment, one dollar. For serving a summons and affidavit, and executing a requisition, in an action for a chattel, one dollar. For serving an order, directing the action to be continued before a justice, other than the one before whom it is pending, and for attending before the latter, fifty cents, and fifty cents in addition if he so attends with a person in his custody. For collecting money by virtue of an execution, for every dollar collected, to the amount of fifty dollars, five cents; for every dollar collected over fifty dollars, two and one-half cents. Where a judgment or an execution is settled after a levy, the constable is entitled to poundage upon the sum at which the settlement is made, not exceeding the value of the property levied upon. For each mile necessarily travelled, going and returning, to serve a summons or to serve or execute any other mandate, except a venire, the distance to be computed from the place of abode of the person served, or the place where it is served, to the place where it is returnable, ten cents; but where two or more mandates in one action are served or executed upon one journey, or where a mandate is served upon or executed against two or more persons in one action, he is entitled, in all, to only ten cents for each mile necessarily travelled. For notifying the plaintiff of the execution of an order of arrest, twenty-five cents; and for going to the plaintiff's residence, or, if he is found elsewhere, to the place where he is found, to serve such a notice, for each mile travelled, going and returning, ten cents. For subpoenaing each witness, not exceeding four, twenty-five cents. For notifying the jurors to attend a trial, seventy-five cents. For taking charge of a jury during their deliberations, fifty cents. Where witnesses, not exceeding four, are subpoenaed by any person other than a constable, the fee therefor is thirteen cents each. 2. In a special proceeding. For notifying jurors to attend to assess damages, in proceedings relating to highways, two dollars. For notifying jurors to attend in any other case, unless a fee therefor is specially prescribed by law, for each person notified, ten cents; and for each mile actually and necessarily travelled, going from and returning to his place of residence, ten cents. For serving a precept or other mandate, by which the special proceeding is commenced, twenty-five cents. For serving a warrant, in any case where a fee therefor is not specially prescribed by law, fifty cents. For serving an order, directing the special proceeding to be continued before a justice other than the one before whom it is pending, and for attending before the latter, with or without a person in his custody, one dollar. For arresting and committing any person, pursuant to process, one dollar. For subpœnaing each witness, not exceeding four, twenty-five cents. |