lished in a city or county, in which any notice, order, citation, or other paper is required by law to be published, refuses to publish the same, for the fees prescribed by law for the publication, it may be published in the newspaper, printed at Albany, in which legal notices are required by law to be published. If it is required by law to be published in that newspaper, and also in another newspaper published in a city or county, and the proprietor of each newspaper in that city or county refuses to publish it for the fees so prescribed, it may be published in the newspaper, published nearest to the place, where a person is required to appear, or where an act is to be done, pursuant thereto, the proprietor of which will publish the same, for those fees. Publica tion, made as prescribed in this section, is as valid, as if it was made in the city or county, where the publication thereof is so required by law. 2 R. S. 648, 46 and 47 (2 Edm. 667). § 3294. Affidavit of refusal to publish, etc. — Where publication is made, as prescribed in the last section, elsewhere than in the city or county where it is otherwise required by law to be made, the affidavit of publi cation must either be accompanied with an affidavit, or contain a statement, to the effect that an application to publish the advertisement was, before such publication, made to the proprietor of each newspaper published in the city or county; that the amount of the legal fees for such publication was at the same time tendered; and that the application was refused. Such an affidavit is presumptive evidence of the facts stated therein. Id., 49. 3295. Comptroller to audit certain charges. — Where the fees or other charges of an officer are chargeable to the State, they must be audited by the comptroller, and paid on his warrant, except as otherwise specially prescribed by law. 2 R. S. 651, 16 (2 Edm. 671). TITLE V. Sums allowed as fees. SEC. 3296. Referee's fees generally. 3297. Id.; upon sales of real property. 38. Fees for oaths and acknowledgments. 3299. Surveyors' and commissioners' fees, in action for partition or dower, etc. 3300. Fees of the clerk of the court of appeals. 3301. Clerk's fees in civil actions generally. 3302. The last section qualified. 3303. Clerk's fees upon naturalization. 3304. Fees of county clerks generally. 3305, Certain provisions not affected by the last section. 3306. Fees of register and other clerks. 3307. Sheriff's fees. 3:08. The last section qualified. 3309. Id.; how collected. 3310. Coroner's fees. 3311. Stenographer's fees for copies of notes. 3312. Compensation of constables attending courts. 3313. Fees of trial jurors. 3311. Supervisors may make allowance to grand and trial jurors. 3315. Id.; extra pay upon protracted trials. 3216. Jurors' fees in special proceedings. 3317. Fees of printers. 3318. Witnesses' fees generally. 3319. Id.; on deposition to be used in another state. 3320. Receiver's commissions. 3321. Fees of county treasurer, and chamberlain of N. Y. 3322. Fees of a justice of the peace. 3323. Constable's fees. 3324, I.; affidavit upon claim for travel fees. 3725. Justice's court, fees upon a commission. 3326. Id.; jurors' fees. 3327. Id.; witnesses' fees. 3328. Id.; fees to be paid before services rendered. 3329. Id. by whom fees to be paid. 3330. Certain special provisions excepted from this title. 3332. This title applies to civil cases only. 3296. Referee's fees generally. A referee, in an action or a special proceeding, brought in a court of record, or in a special proceeding, taken as prescribed in title twelfth of chapter seventeenth of this act, is entitled to six dollars for each day, spent in the business of the reference; unless, at or before the commencement of the trial or hearing, a different rate of compensation is fixed, by the consent of the parties, other than those in default for failure to appear or plead, manifested by an entry in the minutes of the referee, or otherwise in writing, or a smaller compensation is fixed by the court or judge in the order appointing him. Code of Proc., 313, amended. Watson r. Gardiner, 50 N. T. 61; Ellsworth e. Brown, 16 Hun, 1; Herschell r. Rogers, Law Bulletin, 15; First Nat. B'k e. Tomaje, 77 N. Y. 476; 17 Hun, 240; Chase v. Janies, 16 id. 14; Devlin r. Mayor, 7 Daly, 466; Townsend e. Peyser, 14 Abb, N. S 324; 4 Daly, 556; 45 How. 211; see Colton r. Simmons, 14 Hus, 73. § 3297. Id.; upon sales of real property.— The fees of a referee appointed to sell real property pursuant to a judgment in an action, are the same as those allowed to the sheriff; and he is also allowed the same disbursements as the sheriff. Where a referee is required to take security upon a sale, or to distribute, or apply, or ascertain and report upon the distribution or application of, any of the proceeds of the sale, he is also entitled to one-half of the commissions upon the amount so secured, distributed, or applied, allowed by law to an executor or administrator for receiving and paying out money. But commissions shall not be allowed to him upon a sum bidden by a party, and applied upon that party's demand, as fixed by the judg ment, without being paid to the referee. And a referee's compensation, including commissions, cannot, where the sale is under a judgment in an action to foreclose a mortgage, exceed fifty dollars, or in any other case five hundred dollars. L. 1869, ch. 579, § 4, amended; and see Code of Proc., 1309, amended; L. 1876, ch. 431, 11. Daly r. Jacob, 2 Abb. N. C.97; Richards ». Richards, id. 93; James r. Purcell, 2 T. & C. 536; 1 Hun, 318; Walbridze -. James, 16 id. 8; see Schemerhorn e. Prouty, et. app., March 9, 1580; 21 Alb. L. J. 275. $3298. Fees for oaths and acknowledgments.-Any officer, authorized to perform the services specified in this section, and to receive fees therefor, is entitled to the following fees: 1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specially prescribed by statute, twelve cents. 2. For taking and certifying the acknowledgment or proof of the execution of a written instrument; by one person, twenty-five cents; and by each additional person, twelve cents; for swearing each witness thereto, six cents. 2 R. S. 637,23 (2 Edm. 658); L. 1847, ch. 339 (4 Edm. 628); L. 1840, ch. 238,2 (3 Edm. 302). § 3299. Surveyors' and commissioners' fees in action for partition or dower, etc.-A surveyor, employed as prescribed by law, in an action for partition or dower, or to determine dower, is entitled to five dollars for each day, actually and necessarily occupied in surveying, laying out, marking, or mapping land therein. Each assistant, so employed, is entitled to two dollars for each day, actually and necessarily occupied in serving under the surveyor's direction. Each commissioner, appointed as prescribed by law, to make partition or admeasure dower, is entitled to five dollars for each day's actual and necessary service. 2 R. S. 643, 34 and 35 (2 Elm. 662), amended. 3300. Fees of the clerk of the court of appeals.The clerk of the court of appeals is entitled, for the services specified in this section, to the following fees: For filing a notice of appeal to that court, and all the papers transmitted there with, fifty cents. For filing any other paper, ten cents. For drawing an order, twenty cents for each folio. For entering an order, twenty cents; and for each folio more than two, ten cents. For drawing a judgment, twenty-five cents; and for each folio more than two, ten cents. For entering a judgment, twenty-five cents; and for each folio more than two, ten cents. For a certified copy of an order, record, or other paper, entered or filed in his office, ten cents for each folio. For engrossing a remittitur, ten cents for each folio. For a certificate, other than that a paper, for the copying of which he is entitled to a fee, is a copy, twenty-five cents. For sealing any paper, when required, fifty cents. 2 R. S. 622, § 2 (2 Edm. 646); L. 1847, ch. 277, § 7. § 3301. Clerk's fees in civil actions generally.— Except as otherwise prescribed in the next section, each clerk of a court of record is entitled, for his services in an action or a special proceeding, brought in or transferred to the court of which he is clerk, to the following fees: Upon the trial of the action, or the hearing, upon the merits, of the special proceeding, from the party bringing it on, one dollar. For entering final judgment in the action, or entering a final order in the special proceeding, including the filing of the judgment-roll, and a copy of the judgment to insert therein, fifty cents; and ten cents in addition for each folio exceeding ten, contained in the order or judgment. For entering any other order or an interlocutory judgment, ten cents for each folio, exceeding five. For a certified or other copy of an order, record, or other paper, entered or filed in his office, five cents for each folio. For a certified transcript of the docket of a judgment, twelve cents. For filing a transcript and docketing or re-docketing a judgment thereupon, six cents. He is not entitled to any fee, or other compensation, for any other service, in an action or a special proceeding in the court, except that where he is also county clerk, he may charge fees as prescribed in section 3304 of this act, subject to the limitations therein contained. See Code of Proc., 312. Benton r. Sheldon, 1 C. R. 134: Clerk's Fers 5 How. 11; 3 C. R. 102; Wilcox e. Curtis, 10 How, 91: Burnett r. Westfall, 15 i. 430; Schermerhorn e. Van Voast, 5 id. 458; Purdy r. Peters, 23 i. 328; People ex rel. Supervisors of Monroe, 15 id. 223; Malcomb -. Jennings, 1 C. R. 41. 3302. The last section qualified. The last section does not apply to the clerk of a surrogate's court, of the marine court of the city of New-York, or the city court of Yonkers, of the justice's court of the city of Albany, or of a mayor's or recorder's court. New in form. § 3303. Clerk's fees upon naturalization. — The clerk of any court, which has jurisdiction to naturalize an alien, is entitled, for the services specified in this section, to the following fees: For all services, upon the filing of a declaration of intention by an alien to become a citizen, including the oath or affirmation, the recording of the same, and a certificate thereof delivered to the alien, twenty cents. For all services upon the admission of the alien to be a citizen, including the recording of the papers, and a certified copy of the record, which must be delivered to any person requiring it, fifty cents. L. 1847, ch. 127, † 1 (4 Edm. 694). § 3304. Fees of county clerks generally.—A county |