ment of the various cities and villages in this state, to give leave of absence with pay for the twenty-four hours of the thirtieth day of May, or such other day as may, according to law, be observed as Memorial day, to every person in the service of the state, the county, the city or village, as the case may be, who served in the army or the navy of the United States in the war of the rebellion, or who served in the regular or volunteer army or the navy or the marine corps of the United States during the war with Spain or during the insurrection in the Philippine islands, or who served in the army or navy or marine corps of the United States during the world war, or who has served in the regular army or navy or marine corps of the United States, and who was honorably discharged from such service A refusal to give such leave of absence to one entitled thereto shall be neglect of duty.

(Amended by L. 1910, ch. 335; L. 1920, ch. 63.)

§ 64. Payment of expenses of public officers.

Every public officer who is not allowed any compensation for his services shall be paid his actual expenses necessarily incurred in the discharge of his official duties.

§ 65. Use of typewriters for recording public records.

The public officers of the state or of any municipal corporation therein having charge of the recording of public records, papers, documents or matters required by law to be recorded in their respective offices, are hereby authorized and empowered to use typewriting machines for recording the same.

§ 66. Persons having custody of papers in public offices to search files and make 'transcripts.

A person, having the custody of the records or other papers in a public office, within the state, must, upon request, and upon payment of, or offer to pay, the fees allowed by law, or, if no fees are expressly allowed by law, fees at the rate allowed to a county clerk for a similar service, diligently search the files, papers, records, and dockets in his office; and either make one or more transcripts therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs to him, can not be found.

§ 67. Fees of public officers.

1. Each public officer upon whom a duty is expressly imposed by law, must execute the same without fee or reward, except where a fee or other compensation therefor is expressly allowed by law.

2. An officer or other person, to whom a fee or other compensation is allowed by law, for any service, shall not charge or receive a greater, fee or reward, for that service, than is so allowed.

3. An officer, or other person, shall not demand or receive any fee or compensation, allowed to him by law for any service, unless the service was actually rendered by him; except that an officer may demand in advance his fee, where he is, by law, expressly directed or permitted to require payment thereof, before rendering the service.

An officer or other person, who violates either of the provisions contained in this section, is liable, in addition to the punishment prescribed by law for the criminal offense, to an action in behalf of the person aggrieved, in which the plaintiff is entitled to treble damages.

§ 68. Allowance of additional fees and expenses.

Where an officer or other person is required, in the course of a duty imposed upon him by law, to take an oath, to acknowledge an instrument, to cause an

instrument to be filed or recorded, or to transmit a paper to another officer, he is entitled, in addition to the fees, or other compensation for the service, prescribed by law, to the fees necessarily paid by him, to the officer who administered the oath, or took the acknowledgment, or filed or recorded the instrument; and to the expense of transmitting the paper, including postage, where the transmission is lawfully made through the post-office.

§ 69. Fee for administering certain official oaths prohibited.

An officer is not entitled to a fee, for administering the oath of office to a member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or any town officer; or to more than ten cents, for administering an official oath to any other officer."

§ 70. Accounting for fees.

Where a public officer is required, by law, to keep an account of, or to pay over, the fees or other moneys, received by him for official services, he must include therein all sums, received by him, to which he was entitled, by reason of any act, performed by him in his official capacity; whether the act did or did not pertain to his office, or to the business thereof.

§ 71. Vacations for employees of the state and the several civil subdivisions thereof.-The executive officers of every public department, bureau, commission, or board of the state and of each county, city or other civil division thereof are authorized and empowered to grant to every employee under their supervision, who shall have been in such employ for at least one year, a vacation of not less than two weeks in each year, and for such further period of time as in the opinion and judgment of the executive officers, the duties, position, length of service and other circumstances may warrant, at such time as the executive officers may fix and during such vacation the said employee shall be allowed the same compensation as if actually employed. Added by L. 1910, ch. 680.

§ 72. Notices and reports of claims, suits or causes of action to be given to the attorney-general.

1. Every officer, clerk, agent or employee of any department of the state government, who shall have knowledge of any accident or injury to the person or property of any person or corporation, on account of which there arises or may arise a claim, suit or cause of action against the state, or of any accident or injury to property owned by the state, on account of which there arises or may arise a claim, suit or cause of action in favor of the state, shall immediately give notice thereof to the officer or employee in charge of his bureau or department.

2. Every department, commission, board or officer, or the person in charge thereof, who has knowledge that a claim has accrued or may have accrued or made either against, or in favor of, the state, or of any accident or injury to the person or property of any person or corporation, or of the state on account of which there arises or may arise a claim, suit or cause of action against, or in favor of, the state, or an officer thereof, shall immediately give notice to the attorney-general, stating the time when, and the place where, such claim, suit or cause of action may have arisen, and the nature of the same, and such other information and evidence as the attorney-general may direct or deem necessary. The attorney-general shall make such investi

gation of the facts, relating to any matter so reported, as he may deem necessary.

Added by L. 1919, ch. 425.

ARTICLE 5.

Delivery of Public Books.

Section 80. Delivery of books and papers.

§ 80. Delivery of books and papers.

A public officer may demand from any person in whose possession they may be, a delivery to such officer of the books and papers belonging or appertaining to such office. If such demand is refused, such officer may make complaint thereof to any justice of the supreme court of the district, or to the county judge of the county in which the person refusing resides. If such justice or judge be satisfied that such books or papers are withheld, he shall grant an order directing the person refusing to show cause before him at a time specified therein, why he should not deliver the same. At such time, or at any time to which the matter may be adjourned, on proof of the due service of the order, such justice or judge shall proceed to inquire into the circumstances. If the person charged with withholding such books or papers makes affidavit before such justice or judge that he has delivered to the officer all books and papers in his custody which, within his knowledge, or to his belief belong or appertain thereto, such proceedings before such justice or judge shall cease, and such person be discharged. If the person complained against shall not make such oath, and it appears that any such books or papers are withheld by him, such justice or judge shall commit him to the county jail until he delivery such books and papers, or is otherwise discharged according to law. On such commitment, such justice or judge, if required by the complainant, shall also issue his warrant directed to any sheriff or constable, commanding him to search, in the daytime, the places designated therein, for such books and papers, and to bring them before such justice or judge. If any such books and papers are brought before him by virtue of such warrant, he shall determine whether they appertain to such office, and if so shall cause them to be delivered to the complainant.

ARTICLE 6.

Construction; Laws Repealed; When to Take Effect.

Section 90. Application of chapter.

91. Laws repealed.

92. When to take effect.

§ 90. Application of chapter.

This chapter applies to civil officers only.

§ 91. Laws repealed.

Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.

§ 92. When to take effect.

This chapter shall take effect immediately.