other prison where the persons convicted are confined, as well as of all other persons. § 1030. The sheriff is entitled for his services, to a reasonable sum, to be audited and allowed by the board of supervisors of his county, and to be paid from the county treasury. § 1031. Every magistrate holding a police court at which a person is convicted of a public offence, must, on being so required, furnish to the sheriff of the county, all the information he can obtain, to enable the sheriff to make the report required by section 1027, and must make such inquiries of the persons convicted before them, and of others, as the secretary of state may direct. § 1032. When a county clerk transmits to the secretary of state, transcripts of convictions had in courts of oyer and terminer or of sessions, or in a city court, he must transmit therewith, copies of all certificates of convictions in police courts, filed with him. § 1033. The clerk of each police court in the city and county of New-York, must, on the first day of every month, transmit by mail, to the secretary of state, a transcript of the entry of every conviction had in that court, during the preceding month, containing the name of the offender, a description of the offence, and the judgment upon the conviction. § 1034. For every neglect of a magistrate, clerk, or sheriff, to comply with the requirements of this title, he forfeits the sum of fifty dollars, to be recovered in a civil action, in the name of the people of this state. § 1035. The secretary of state must cause this title to be published, with forms and instructions for the execution of the duties therein prescribed, and to be distributed among the officers therein mentiontioned; the expense of which must be paid by the treasurer, on the warrant of the comptroller. He must also annually report to the legislature, the results of the information obtained in pursuance of this title. TITLE XII. MISCELLANEOUS PROVISIONS, RESPECTING Special PROCEEDINGS OF A CRIMINAL NATURE. SECTION 1036. Parties to a special proceeding, how designated. 1037. Provisions of section 751, respecting entitling affidavits, applicable1038. Courts and magistrates to issue subpoenas, and punish disobedience of witnesses. § 1036. The party prosecuting a special proceeding of a criminal nature, is designated in this code as the complainant, and the adverse party as the defendant.. § 1037. The provisions of section 751, in respect to entitling affidavits in a criminal action, are applicable to special proceedings of a criminal nature. See sec. 751, p. 319. § 1038. The courts and magistrates before whom a special proceeding is prosecuted, may issue subpoenas for witnesses, and punish their disobedience in the same manner as in a criminal action. See sec. 670, 674, 675, 681, p. 315-320. PART VII. Of the costs in criminal actions and proceedings. SECTION 1039. Former fees abolished, and provisions of this code substituted. 1040. Magistrate's fees. 1041. Clerk's fees. 1042. Peace officer's fees. 1043. Sheriff's fees. 1044. Fees, how chargeable. The rate of fees in this part, instead of being regulated in reference to each particular service rendered, is, in conformity with the fee bill in the code of civil procedure, based upon a fair equivalent in each consecutive stage of the proceedings. The inducement which the present fee bill in criminal cases, 2 R. S., 3d ed. 835 - 841, sec. 1-23, holds out, to swell the costs, by crowding into the case as many services as possible, whether necessary or not, is thus taken away. The particular allowances proposed in this part, have been carefully considered, and are deemed just. § 1039. All statutes, establishing or regulating the costs or fees of public officers, in criminal actions or proceedings, are repealed; and hereafter, the only costs or fees allowed in a criminal action or proceeding, are those provided by this code. § 1040. The magistrate, if he be a justice of the peace, or a police justice, appointed or elected in a city, village or town, may receive, For all the proceedings before him, to and including the commitment or discharge of the defendant or holding him to answer, two dollars. For all proceedings (including the trial, judgment, and commitment,) had before him, while holding a police court, two dollars, or conducting a special proceeding. For taking bail, after a commitment by another magistrate, one dollar. § 1041. The clerk may receive, On the trial of an issue, one dollar. On entering judgment, fifty cents. He can receive no other fee, for any service whatever, in a criminal action or proceeding, except for copies of papers delivered to a person at his request, at the rate of five cents for every hundred words. § 1042. The peace-officer may receive, For making an arrest fifty cents, together with five cents for every mile necessarily travelled by him, in rendering the service, and in taking the defendant before a court or magistrate, or carrying him to prison. For serving a subpoena, fifteen cents, together with five cents for every mile necessarily travelled by him, in rendering the service. The board of supervisors may allow any further compensation, for the service of process, and for other services in criminal cases, which they may think reasonable. § 1043. The sheriff may receive, For summoning a grand jury, ten dollars. For carrying a single convict to the state prison, for every mile necessarily travelled from the county prison, forty cents; two convicts, sixty-five cents; more than two and not exceeding four convicts, seventy cents; five convicts, seventy-five cents; for every additional convict, such reasonable allowance as the comptroller may think just. He may also receive, for the maintenance of the convict on his way to the state prison, such sum as he may actually expend for it, not exceeding one dollar for every thirty miles travelled. 1044. The fees allowed by the last four sections, are county charges, and must be audited and paid by the board of supervisors of the county in which the services were rendered; except, that the fees of the sheriff for conveying convicts to the state prison, must be paid by the agent of the prison to which the convicts are carried, and by him charged in his accounts with the state. |