Becker v. Ten Eyck

Citations

• 6 Paige Ch. 68
• 1836 N.Y. LEXIS 298
• 1836 N.Y. Misc. LEXIS 83

Syllabus

<p>The sheriffs of the several counties, except the county of New-York, are the keepers of the county jails, and are entitled to all the fees and perquisites of such office.</p> <p>The sheriff may keep the jail in person, or he may employ under him as many deputy keepers as he thinks fit, and may allow them such compensations for their services as shall be agreed upon between him and them, either by way of salary, or by allowing them the whole or a portion of the perquisites to which he is entitled as the principal keeper.</p> <p>So the sheriff may contract with his under sheriff and deputies for the discharge of the duties of their several trusts, either for a specific compensation or for a reasonable proportion of the fees and emoluments arising from the performance of such duties. But an agreement of a deputy to allow to his principal a sum in gross, not payable out of the profits of the office, and which may therefore exceed such profits, is a violation of the statute which prohibits the buying and selling of offices.</p> <p>Where the deputy of a public officer is by law entitled to certain fees or perquisites in virtue of his character of deputy merely, if he agrees to give to the officer appointing him a portion of such fees or perquisites, it is a purchase of the deputation; and the parties to such agreement are guilty of a violation of the statute against the buying and selling of offices.</p>