| N.Y. Sup. Ct. | Jul 2, 1892
The relator presented to the board of supervisors of Fulton •county two verified claims for audit and allowance. After investigation, the board rejected the greater portion of such claims. The relator subsequently •commenced proceedings to review the action of the defendant, the board of supervisors, and a writ of certiorari was granted by the supreme court, directed to the defendant, for the purpose of reviewing its proceedings upon the audit of such claims. The defendant prepared the return to said writ, but refused to file the same until the fees it claimed were allowed by law were paid by the relator. The relator claimed the defendant was not entitled to any fees whatever for preparing and filing such return, and refused to pay any. An order was granted at the special term requiring the defendant to file such return without the payment of any fees, and from such order the defendant appeals to this court. The relator cites section 3280 of the Code of Civil Procedure as authority for the nonpayment of fees. That section reads, in part, as follows: “Each public officer, upon whom a duty is expressly imposed by law, must execute the same without fee or reward, except when a fee or other compensation is expressly allowed by law.” I do not think obedience to a process of the court comes within the provisions or meaning of this section; it is not a duty expressly imposed upon them by law as public officers; it is not an official duty; the section refers only to official duties. But, assuming that obedience to such writ does come within the meaning of section 3280, still there is a fee or other compensation allowed by law for making a return to a writ of certiorari. Section 2005 of the Code of Civil Procedure reads as follows: “A person upon whom a writ of certiorari, issued as prescribed in this title, is served, must, in like manner, upon payment or tender of the fees allowed by law for making a return to the writ, and for copying the warrant