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Compensa

tion from the state.

to public inspection, in which he shall enter all fees charged or received by him for any official service, the time of rendering it, the nature of it, and the person, if known, for whom it was rendered;

8. To transmit annually, free of expense, to the secretary of state, a statement verified by his oath, and showing for the year preceding the first day of January: 1. The amount of all fees charged or received for recording any documents and for certificates thereof; 2. The amount of all fees charged or received for searching and for certificates thereof; 3. The amount of all sums charged or received for services rendered the county; 4. The amount of all sums charged or received for other official services; 5. An account by items, showing all sums paid for assistance, and the persons to whom they were paid, and for fuel, lights, stationery and other incidental expenses;

9. To perform such other duties as are imposed on him by other provisions of the Codes or by special laws.

§ 923. The compensation of the county clerk for services and expenses in performing any duty prescribed in subdivisions 3, 4 and 6 of the preceding section, and the fees for recording any mortgage to the people of this state, shall be audited by the comptroller and paid out of the treasury.

§ 924. The seal of the county is the official seal Seal. of the county clerk.

§ 925. Where the county clerk is authorized to in what

or

judge of the competency of the sureties in an official bond, and he is absent from the county, incapable of performing the duties of office, or the office is vacant, the county judge may decide upon the competency of such sureties; and for that administer any oath and make any examination necessary.

pose

pur

§ 926. No county clerk shall make any charge against the 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.

case county judge may

decide on

sufliciency of sureties.

No charge certain ex

against the county for

penses.

ARTICLE IV.

THE SHERIFF.

SECTION 927. Sheriff to give bond.

928. Filing of bond; justification of sureties.

929. Bond to be renewed annually.

930. Notice of sheriff's arrest to be given to governor.

931. Vacancies.

932. Fees for service for the state.

933. Reference to Codes of Procedure.

From 1 R. S., 687, §§ 124 to 134.

give bond.

§ 927. Every sheriff shall, within twenty days Sheriff to after he receives notice of his election or appointment, and before he enters upon office, execute, with at least two sureties who are freeholders and approved by the county clerk, as sufficient, a joint

Filing of bond; jus

sureties.

and several bond to the people of the state, conditioned that he shall well and faithfully, in all things, perform and execute the office of sheriff of the county, during his continuance therein, without fraud, deceit or oppression.

The bond of the sheriff of the city and county of New York shall be in the penalty of twenty thousand dollars; that of every other sheriff, ten thousand dollars.

§ 928. Such bonds shall be filed in the county tification of clerk's office, and the clerk shall, at the time of filing, administer an oath to each surety that he is a freeholder within this state, and worth, over and above all debts whatsoever, if in the city and county of New York the sum of twenty thousand dollars, and if in any other county such sum as is proportionate to the number of sureties and to the amount of the bond: which oath shall be indorsed on the bond and subscribed by each of the sureties in the presence of the clerk, who shall, notwithstanding, determine upon the competency of each surety.

Bond to be renewed annually.

Notice of sheriff's

arrest to be

§ 929. In the same manner the security shall be renewed within twenty days after the first Monday of January in each year.

§ 930. Whenever a sheriff becomes, and for given to the thirty days remains committed to the custody of another sheriff or of a coroner, under any execu

governor.

tion or attachment founded on the non-payment of moneys received by him by virtue of his office, the officer in whose custody he is shall report the fact to the governor, to the end that he may be removed from office.

§ 931. A vacancy in the office is filled as pre- Vacancies. scribed by section 237.

The Revised Statutes (1 R. S., 696, §§ 135 to 142)
contain provisions for designating one of the coro-
ners to serve as sheriff in case of a vacancy in the
offices of both sheriff and undersheriff. But by the
act of 1848 (ch. 4), the power of appointment to fill
a vacancy was vested in the governor. See § 237,
S
ante, p. 208.

service of state.

§ 932. Services on behalf of the people of the Fees for state, required by law from a sheriff, and not otherwise provided for, shall be audited by the comptroller and paid for out of the treasury.

to Codes of Procedure.

§ 933. Other provisions respecting sheriffs and Reference coroners are contained in the CODE OF CIVIL PROCEDURE and the CODE OF CRIMINAL PROCEDURE.

Surrogate to give bond.

Justification of sureties; filling of bond.

Reference

to Code of

Civil Procedure.

ARTICLE V.

THE SURROGATE.

SECTION 934. Surrogates to give bond.

935. Justification of sureties; filing of bond.
936. Reference to Code of Civil Procedure.

From R. S., 699, §§ 144, 145.

§ 934. Every surrogate, and every other officer authorized to act as surrogate, shall, within twenty days after receiving notice of his election or appointment, and before entering on office, execute to the people of this state, with two or more sureties, being freeholders, a joint and several bond, conditioned for the faithful performance of his duty, and for the application and payment of all moneys and effects that may come into the hands of such surrogate in the execution of his office. The bond of the surrogate of the city and county of New York, and of the county of Erie, shall be in the penalty of ten thousand dollars; of every other surrogate five thousand dollars.

§ 935. The county clerk of the county is the judge of the sufficiency of the sureties; and if he is satisfied, by the oath of the sureties or otherwise, that they are sufficient, he shall indorse on the bond a certificate of his approval, and file the same in his office.

§ 936. Other provisions respecting the surrogate are contained in the CODE OF CIVIL PROCEDURE.

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