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.

in

But

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

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

Surrogate to give

bond.

Justifica

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 filing of judge of the sufficiency of the sureties; and if he

tion of sureties;

bond.

Reference

to Code of

Civil Procedure.

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.

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

Examination 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.

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