
    Fairlie vs. Maxwell.
    ‘ A district atíiabie"^ to the culífoHheahi a criminal case tried in that
    A question was submitted to the court, whether a disIrict attorney is personally liable to the clerk of the circuit for his fees, on the trial of a cause removed from the oyer and terminer and tried at the circuit.
   By the Court,

Sutherland, J.

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.  