| N.Y. Sup. Ct. | May 15, 1828
By the Court,
This case is not distinguishable from that of The People v. Van Wyck, (4 Cowen, 260.) The district attorney does not receive the fees claimed from him: there is, therefore, no propriety in subjecting him to the payment of them. The clerk has a claim against the county where such cause is tried, for his remuneration.