§ 67 — Fees of public officers

New York § 67

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 4: Powers and Duties of Public Officers

Text

§ 67. Fees of public officers. 1. Each public officer upon whom a duty\nis expressly imposed by law, must execute the same without fee or\nreward, except where a fee or other compensation therefor is expressly\nallowed by law.\n 2. An officer or other person, to whom a fee or other compensation is\nallowed by law, for any service, shall not charge or receive a greater\nfee or reward, for that service, than is so allowed.\n 3. An officer, or other person, shall not demand or receive any fee or\ncompensation, allowed to him by law for any service, unless the service\nwas actually rendered by him; except that an officer may demand in\nadvance his fee, where he is, by law, expressly directed or permitted to\nrequire payment thereof, before rendering the service.\n 4. Money received by a public officer, or which shall come into his\npossession or custody, in the performance of his official duties or in\nconnection therewith or incidental thereto, shall be held by him in\ntrust for the person or persons entitled thereto or for the purposes\nprovided by law and all interest or increments which shall accrue or\nattach to such money while in his possession or custody shall be added\nto, and become a part of, the money so held and no part of such interest\nor increments shall be retained by such officer to his personal use or\nbenefit, except legal fees allowed by law for receiving and disbursing\nthe same, notwithstanding the provisions of any general or special law.\n An officer or other person, who violates either of the provisions\ncontained in this section, is liable, in addition to the punishment\nprescribed by law for the criminal offense, to an action in behalf of\nthe person aggrieved, in which the plaintiff is entitled to treble\ndamages.\n