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CHAP, II. taxing officer may also examine him as to such other facts as he may deem proper, or any other witness that may be produced on the part of the district attorney. And any member By whom of the said board shall have the right to resist the taxation of may be the said bill, and call upon such witnesses as he may think opposed. proper to produce, to disprove the said bill or any part of the same; and the taxing officer shall have full power and authority to reduce the said bill, or any part thereof, and to tax it at such sum as he may deem legal and just; but he shall not include in any such taxed bill any charge not shown to him, either by the testimony of the said district attorney or otherwise, to have been actually performed and necessary.

S 3. The examination of the district attorney shall be taken Examinadown in writing and subscribed by him; and the examination Weinteto bend of such witnesses as shall be examined on the taxation of the signed. said bill, shall also be taken down in writing in like manner, and subscribed by them respectively; and the testimony thus taken shall be attached to the said bill of costs, and filed with it in the clerk's office of the said county.

S 4. The district attorney shall, on or before the first day COPES of the annual meeting of the said board of supervisors, cause served. to be served on the clerk of the said board of supervisors, a copy of the bill of costs to be taxed; and the said board of supervisors shall, on or before the second day of their annual meeting, appoint a time and place for the taxation of said bill, designating the officer before whom the same is to be taxed, and shall immediately notify the district attorney thereof.

S 5. Either party may appeal from the taxation of the Appeal said bill within twenty days after the taxing thereof, to the tion. supreme court for a retaxation, by serving a notice of such appeal upon the opposite party; and if the appeal is brought by the district attorney, the notice may be served on the clerk or chairman of the said board; but no appeal shall be brought on the part of the said board, unless it is authorized by a majority of the members thereof.

$ 6. The taxing officer shall receive such compensation for Free of taxhis services in taxing the said bills, as the board of supervisors shall consider reasonable and just, instead of the fees now allowed by law.

$ 7. It shall be the duty of the district attorneys of the seve- Copy of ral counties of this state (the city and county of New York filed with excepted), after the annual meeting of the board of supervi- of state. sors, and by the first day of January in each year, to cause to be filed in the office of the secretary of state a true copy of their bills of costs respectively, as taxed or allowed by said boards of supervisors, for which no fee or charge shall be allowed any such district attorneys. S 8. The act entitled “An act to regulate the taxation of Certain acts

repealed. the accounts of district attorneys,” passed May eleventh, eighteen hundred and thirty-five, and the act amending the

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PART II.

same, passed March thirtieth, eighteen hundred and thirty-
seven, and so much of title eight, chapter second, article third,
and part fourth of the Revised Statutes, as relates to the fees
of district attorneys, and as is inconsistent with the provisions
of this act, are hereby repealed.

$ 9. This act shall not extend to such counties as having
no taxing officer residing therein, or where the district attor-
ney is the only taxing officer.

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Certain counties excepted.

CHAP. 195.
AN ACT for the reimbursement to counties of the expenses

of criminal proceedings in certain cases.

PASSED April 12, 1853; three-fifths being present.
The People of the State of New York, represented in Senate

and Assembly, do enact as follows:
Expenses $ 1. Whenever, under the order of any court of competent
trials, how jurisdiction, the pleadings and issue in any indictment or
paid.

prosecution for any crime or misdemeanor shall have been
sent down to any county in this state for trial therein, in
consequence of any inability to obtain an unprejudiced or
impartial jury in the county in which the vende was originally
laid, the expenses of the trial of said indictment or prosecu-
tion shall be a charge upon the county from which the same
was transferred; and in case they shall have been assessed on
any county in which any such issue shall have been deter-
mined, the same, with interest thereon, shall be reimbursed to
the treasury of such county by the county treasurer in the
county from which such proceedings have been sent down,
and the board of supervisors of the county liable to pay such
expenses as aforesaid are hereby authorized to include the
same in their annual levy of taxes.

CHAP 254.
AN ACT empowering the boards of supervisors in the

respective counties of this state, to fix and determine the
compensation to be allowed for the conveyance of
juvenile delinquents to houses of refuge, and insane
criminals to insane asylums.

PASSED April 12, 1859; three-fifths being present.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

$ 1. The boards of supervisors in the respective counties of turpereisors this state are hereby empowered, and it shall be their duty, pensacion: annually to fix and determine the compensation to be allowed

Boards of

CHAP. II. and paid to officers for the conveyance of juvenile delinquents to the houses of refuge, and of lunatics to the insane asylums, and no other or greater amount than that so fixed and determined shall be allowed and paid for such service.

$ 2. So much of the seventeenth section of chapter two, title conflicting eight, part four of the Revised Statutes, as is inconsistent repealed. with the provisions of this act, as well as all other laws conflicting herewith, are hereby repealed.

CHAP 496.
AN ACT in relation to the compensation of justices of

sessions.

PASSED April 19, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. The compensation of justices of sessions is hereby Papiol established at three dollars for each day's attendance at any sessions. court of sessions or court of oyer and terminer, held in and for any county in this state, and said justices of sessions shall be entitled to the further sum of five cents per mile for traveling expenses in coming to and returning from said courts.

ded.

CHAP. 136.
AN ACT in relation to the fees of grand and petit jurors.

PASSED March 31, 1860; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The first section of chapter one hundred and seventy- Chapter 176 six of the Laws of eighteen hundred and fifty-eight, is hereby 1858, amenamended so as to read as follows:

$ 1. The several boards of supervisors in this state, except Compensathe county of Kings, may at their first or any subsequent jurors. meeting after the passage of this act, direct a sum, not exceeding one dollar and fifty cents a day, to be allowed to every grand and petit juror for attending the courts of record held within the several counties, in addition to other fees which such jurors may receive; and they may also direct an allowance to be made to such jurors for traveling in coming to and returning from such courts, not exceeding five cents a mile. Such money shall be raised in the same manner as other county charges are by law raised and collected.

PART IV.

CHAP. 372. AN ACT to regulate the fees of associate justices of the peace in criminal causes and in cases of bastardy.

Passed April 19, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Whenever any justice of the peace shall be associated with any other justice of the peace in the trial or examination of any criminal cause, or in cases of bastardy, the compensation of such justice of the peace so associated, shall be two dollars for each day actually and necessarily devoted to such service.

Pay of justice.

CHAPTER III.

Jails and State Prisons.

Repeal.

CHAP 331.
AN ACT to amend “An act for the better regulation of

the County and State Prisons of the state, and consoli-
dating and amending the existing laws in relation there-
to,” passed December 14, 1847.

PASSED April 10, 1849; “three-fifths being present.” The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. So much of the first and second articles of title first of the act entitled “An act for the better regulation of the county and state prisons of the state, and consolidating and amending the existing laws in relation thereto," passed December 14, 1847, as requires the inspectors of state prisons to visit and examine county jails, is hereby repealed.

§ 2. Section twenty-third of article second, title one, of said act, is hereby amended, and shall read as follows: It shall be the duty of the clerk of the board of supervisors to present such report and suggestions (so indorsed by the county judge,) to the board of supervisors at their next meeting, who are authorized and required to cause such alterations to be made in the plan and construction of the jail or prison of such county, and such additional rooms to be constructed as shall have been so suggested and approved by the county judge, and as shall be necessary to remedy such deficiencies, and to lery and cause the expenses so to be incurred, to be assessed

Alterations in plans of county prisons when to be made.

CHAP. III.

upon the county as other county expenses are levied and assessed. In all cases where there shall exist any deficiency in room or apartments in such county jail or prison as is required for the classification named in this act, it shall be the duty of the supervisors to cause such deficiency to be supplied without unnecessary delay.

CHAP. 21.
AN ACT in relation to the liberties of jails.

Passed February 18, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

The county courts of this state shall possess the same pow- Power of ers and jurisdiction in their respective counties in relation to court! the liberties of jails, as were vested in courts of common pleas by article third, title six, chapter seven, part three of the Revised Statutes.

CHAP. 163.
AN ACT to incorporate the Prison Association of New

York.

Passed May 9, 1846 ; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follours :

$ 6. The said executive committee by such committees as persons they shall from time to time appoint, shall have power, and visited and it shall be their duty to visit, inspect and examine, all the examined. prisons in the state, and annually report to the legislature their state and condition, and all such other things in regard to them as may enable the legislature to perfect their government and discipline. And to enable them to execute the powers and perform the duties hereby granted and imposed, they shall possess all the powers and authority that by the twenty-fourth section, of title first, chapter third, part fourth of the Revised Statutes are vested in the inspectors of county prisons, and the duties of the keepers of each prison that they may examine shall be the same in relation to them, as in the section aforesaid, are imposed on the keepers of such prisons in relation to the inspectors thereof; provided that no such examination or inspection of any prison shall be made until an order for that purpose to be granted by the chancellor of this state, or one of the judges of the supreme court or by a vice chancellor or circuit judge, or by the first judge of the county in which the prison to be examined shall be situate shall first have been had and obtained, which order shall

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