CHAPTER III.

COUNTY CHARGES.

SECTION 937. County charges to be audited. 938. Enumeration of county charges. 939. Salary of county judge.

940. Surrogate's salary, how fixed.

941. Compensation of special county judge and special sur

gate.

942, 943. Fees of office.

944. County charges, how raised; contingent fund.

From 1 R. S., 712, §§ 10, 3, 4, 5, 6, 7, 8, 9, 11. Ib., 682, § 86.

charges to be audited.

§ 937. Accounts for county charges, of every County description, must be presented to the board of supervisors for audit in the mode prescribed by section 898.

§ 938. The following are county charges:

1. Charges incurred against the county by virtue of any provision of this title ;

2. The compensation of the district attorney, and all expenses necessarily incurred by him in criminal cases arising within the county;

3. The accounts of the criers of the courts within the county for attendance in criminal cases;

4. The compensation of the sheriff for commitment and discharge of his prisoners on criminal process within the county; for summoning constables to attend courts; for attending the drawing

Examina

tion of county charges.

of grand juries, and the sums paid by the sheriff to the county clerk for drawing grand juries;

5. Reasonable compensation to the sheriff and county clerk, and to clerks of criminal courts, for making the returns required by law for statistics respecting convictions and convicts;

6. The compensation allowed by law to constables for attending courts of record, and reasonable compensation to constables and other officers for executing process on persons charged with criminal offenses; for services and expenses in conveying criminals to jail; for the service of subpœnas issued by district attorneys, and for other services in relation to criminal proceedings for which no specific compensation is prescribed by law;

7. The expenses necessarily incurred in the support of persons charged with or convicted of crimes and committed therefor to the several jails of the county;

8. The sums required by laws to be paid to prosecutors and witnesses in criminal cases;

9. The accounts of the coroners of the county for such services as are not chargeable to the persons employing them;

10. The moneys necessarily expended by any county officer in executing the duties of his office,

in cases in which no specific compensation for such services is provided by law;

11. The accounts of the county clerks for services and expenses incurred under article III of this chapter;

12. The accounts and expenses of the commissioners of excise allowed by chapter XI of title IV of part III of this Code;

13. All charges and accounts for services rendered by any justice of the peace under the laws for the relief and settlement of the poor of such county, and for their services in the examination of felons, not otherwise provided for by law;

14. The sums necessarily expended in each county in the support of county poor-houses and of indigent persons whose support is chargeable to the county;

15. The contingent expenses necessarily incurred for the use and benefit of a county;

16. Every other sum directed by law to be raised for any county purpose under the direction of a board of supervisors, or declared to be a county charge.

at

county judge.

§ 939. The salary of the county judge and of Salary of the surrogate shall be paid by the county and the close of each quarter.

Surrogate's salary, how fixed.

Compensa. tion of special county judge and special sur

rogate.

Fees of office.

Fees of office.

§ 940. Except where otherwise specially provided, the salary of the surrogate is to be fixed by the board of supervisors, and shall not be increased or diminished during his continuance in office.

§ 941. The compensation of the special county judge and of the special surrogate, for their respective services, shall be fixed by the board of supervisors.

§ 942. The officers mentioned in the preceding section shall in no case perform any official services, unless upon prepayment of the fees required for such services by the law in force on the thirty-first day of December, 1846, and upon such payment it is the duty of such officer to perform the services required. They shall pay over all sums so received, after deducting their salaries, to the treasurer of the county, on the first Monday of May and November of each year; and also render an annual account, giving each item of fees received, verified by their affidavit, to the board of supervisors at their annual meeting.

§ 943. The fees of office which any public officer is required to keep an account of, or pay over to the county or state treasurer, include all fees which such officer is entitled to receive for any act or duty done by him in his official capacity, whether such act or duty pertains to his office or the business thereof or not.

charges; how raised; fund.

§ 944. The moneys necessary to defray the coun- County ty charges of each county shall be levied on the contingent taxable property in the several towns in such county, in the manner prescribed in the "Fiscal Laws.” And in order to enable the county treasurer to pay such contingent expenses as may become payable from time to time, the board of supervisors shall annually cause such sum to be raised in advance, in their county, as they deem necessary for the purpose.

CHAPTER V.

DIVISION OR ALTERATION OF BOUNDS OF COUNTIES.

SECTION 945. Effect on its real property.

946. Personal property and debts.

From 1 R. S., 674, §§ 5 to 7.

real pro

§ 945. When a county is divided, or the Effect on its boundary is altered, real property belonging to it perty. becomes the property of the county within whose limits it lies after the change.

property and debts.

§ 946. The personal property and debts of such Personal county shall be apportioned between the counties interested, by the supervisors and county treasurers thereof, as to a majority of them seems just; and the debts shall be charged on each county according to the apportionment.