PART II. attorneys in New Kork and Kings counties. § 63. [Amended, 1879.] A person shall not ask or receive, di- None but rectly or indirectly, compensation for appearing as attorney in a to practice court in the city and county of New-York, or in the county of Kings, or make it a business to practice as an attorney in a court in either of those counties, unless he has been regularly admitted to practice as an attorney or counsellor in the courts of record of the State. [L. 1862, ch. 484, § 1; and id., ch. 53, § 1; L. 1879, ch. 542. See § 2889.](*) for violation, or violation section. § 64. A person who violates the last section is guilty of a misde- Penalty meanor, and shall be punished by imprisonment in the county jail, suffering not exceeding one month, or by a fine of not less than one hundred of last dollars, or more than two hundred and fifty dollars, or by both such fine and imprisonment. A judge or justice of the peace, within the city and county of New-York, or the county of Kings, who knowingly permits to practice in his court, a person who has not been regularly admitted to practice in the courts of record of the State, is guilty of a misdemeanor, and shall be punished as prescribed in this section. But this and the last section do not apply to a case, where a person appears in a cause, to which he is a party. [Id.; and § 2 of ch. 484. See § 2889.](*) sation and attorney, etc. § 66. [Amended, 1879.] The compensation of an attorney or Compencounsellor for his services, is governed by agreement, express or im- attorn plied, which is not restrained by law. From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor and the proceeds thereof in whosoever hands they may come; and cannot be affected by any settlement between the parties before or after judgment. [See Co. Proc., § 303. The second sentence added in 1879. For rulings made under the section for which this is a substitute, and this section, see Davidson v. Alfaro, 16 Hun, 353; Whitehead v. Kennedy, 60 N. Y., 462; Wright v. Wright, 70 N. Y., 96; Coughlin v. N. Y. C. & H. R. R. R. Co., 71 N. Y., 443; Quincey v. Francis, 5 Abb. N. C., 286; and Saunders v. Gillett, 7 Week. Dig., 336. is an engrosser's error for "whosesoever."] "Whosoever " 165 JUSTICE'S Copy of process, etc., to be CHAPTER II. (EXTRACTS.) POWERS, DUTIES, AND LIABILITIES OF A SHERIFF, TITLE I. Provisions relating to the execution of civil mandates generally. § 101. [Amended, 1877.] A sheriff or other officer, serving a delivered mandate, must, upon the request of the person served, deliver to him a copy thereof, without compensation. [Id., § 76.] when served. Sheriff to execute process, etc.; may return by mail. Liability, for neglect in special proceedings. § 102. [Amended, 1877.] A sheriff, or other officer, to whom a mandate is directed and delivered, must execute the same according to the command thereof, and make return thereon of his proceedings, under his hand. For a violation of this provision, he is liable to the party aggrieved, for the damages sustained by him; in addition to any fine, or other punishment or proceeding, authorized by law. A mandate directed and delivered to a sheriff may be returned, by depositing the same in the post-office, properly inciosed in a postpaid wrapper, addressed to the clerk, at the place where his office is situated; unless the officer, making the return in the name of the sheriff, resides in the place where the clerk's office is situated. [Id., § 77, with the addition of the concluding sentence, which has been taken from L. 1850, ch. 225, § 3 (3 R. S., 5th ed., 739; 4 Edm., 699).] § 103. [Amended, 1877.] A sheriff, or other officer, to whom is delivered for service or execution, a mandate, authorized by law to be issued, by a judge or other officer, in a special proceeding, who wilfully neglects to execute the same, may be fined by the judge, in a sum not exceeding twenty-five dollars, and is liable to the party aggrieved, for his damages sustained thereby. [2 R. S., 551, Part 3, ch. 8, tit. 17, § 3 (3 R. S., 5th ed., 865; 2 Edm., 571), omitting the clause, requiring the sheriff to execute the process; which is covered by the last section. The final clause is new.] the PART II. may com mand the power of the his county, come re to over he sistance. § 104.* If a sheriff, to whom a mandate is directed and delivered, Sheriff finds, or has reason to apprehend, that resistance will be made to execution thereof, he may command all the male persons in county, or as many as he thinks proper, and with such arms as directs, including any military organization armed and equipped, to assist him in overcoming the resistance, and, if necessary, in arresting and confining the resisters, their aiders and abettors, to be dealt with according to law.(*) [2 R. S., 441, Part 3, ch. 7, tit. 6, § 80 (3 R. S., 5th ed., 740; 2 Edm., 459), as amended by L. 1845, ch. 69, § 18. The original applies to a sheriff, "or other public officer". The latter words were, perhaps, intended to include the under-sheriff, or a deputy-sheriff, but they are broad enough to include a constable, marshal, etc. The power conferred by this section is so broad, and its exercise requires so much discretion and sound judgment, that it ought not to be vested in any officer of lower grade than the sheriff. The words," or other public officer", have therefore been omitted; and a provision has been framed, in § 3158 of this act, for the transfer to the sheriff, of a mandate, the execution of which by a constable is resisted.] resisters to be cer tified. § 105. The sheriff must certify to the court, from which or by Names of whose authority the mandate was issued, the names of the resisters, their aiders and abettors, as far as he can ascertain the same, to the end that they may be punished for their contempt of the court.(a) [Id., § 81, amended in like manner.] ment for to assist. § 106.* A person, commanded by a sheriff to assist him, as pre- Punishscribed in the last section but one, who, without lawful cause, refuses refusing or neglects to obey the command, is guilty of a misdemeanor.(*) [Id., § 82, amended in like manner.] 167 JUSTICE'S TITLE II. Prisoner, how kept. Support of prisoner in Kings county. Provisions relating to the execution, by a sheriff, of a mandate against the person. ARTICLE FIRST. ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER, § 110.* A person arrested, by virtue of an order of arrest, in an action or special proceeding brought in a court of record; or of an execution issued upon a judgment rendered in a court of record; or surrendered in exoneration of his bail; must be safely kept in custody, in the manner prescribed by law, and, except as otherwise prescribed in the next two sections, at his own expense, until he satisfies the judgment rendered against him, or is discharged according to law.(1) [2 R. S., 376, Part 3, ch. 6, tit. 5, §§ 76 and 77 (3 R. S., 5th ed., 659; 2 Edm., 391), consolidated, and extended so as to include a person taken under an order of arrest.] § 111. In the county of Kings, when the sheriff has actually confined in jail a prisoner so arrested or surrendered, he must serve upon the plaintiff's attorney, as prescribed by law for the service of a paper upon an attorney in an action, a written notice, stating that he has so confined the prisoner, and that the plaintiff is required to make the payments specified in this section, in default whereof the prisoner will be discharged. Within three days after service of the notice, or six days, if the service is by mail, the plaintiff must pay to the sheriff the sum of twenty-five dollars, for the support of the prisoner for the first twenty days, after his actual confinement in jail, unless in the meantime he is discharged or admitted to the jail liberties. At or before the expiration of each subsequent period of twenty days, during which the prisoner has been so confined, the plaintiff must pay a like sum to the sheriff, for the prisoner's support during the ensuing twenty days. If a payment required by this section is not made, the prisoner must be discharged. The sheriff must apply all the money so paid, to the support of the prisoner, unless he is admitted to the jail liberties or discharged; in 168 which case he must refund to the plaintiff's attorney a ratable portion of the last payment, according to the period of time, during which the prisoner was so confined.(*) [L. 1869, ch. 813, amended so as to remove obscurities of expression, and prescribe intelligibly the mode of proceeding. The effect of the words," or surrendered", is to abrogate one of the rulings in Cozine v. Walter, 55 N. Y., 304.1 PART II. other § 112.* In any county except Kings, if a prisoner, actually con- Id.; in fined in jail, makes oath before the sheriff, jailor, or deputy-jailor, counties. that he is unable to support himself during his imprisonment, his support is a county charge.(*) [L. 1875, ch. 251, §§ 1 and 4. The original also excepts Monroe county; but the statutes, passed prior to that year, appear to contain no provision relating to the support of civil prisoners, in that county, although the support of criminal prisoners is provided for by L. 1858, ch. 271, § 1, and L. 1874, ch. 463.] for food, prohib § 113. A sheriff or other officer shall not charge a person, whom Charges he has arrested, with any sum of money, or demand, or receive from etc. when him money, or any valuable thing, for any drink, victuals, or other ited. thing, furnished or provided for the officer, or for the prisoner, at any tavern, ale-house, or public victualing or drinking-house. [2 R. S., 426, Part 3, ch. 7, tit. 6, § 1 (3 R. S., 5th ed., 724; 2 Edm., 444).] § 114. A sheriff or other officer shall not demand or receive from a person, arrested by him, while in his custody, a gratuity or reward, upon any pretence, for keeping the prisoner out of jail; for going with him or waiting for him to find bail, or to agree with his adversary; or for any other purpose. [Id., § 2, amended so as to make the provision more stringent and explicit. This and the last section are habitually violated with impunity; perhaps, because it is supposed that they are not applicable to process issued under the modern practice. Their re-enactment, in the form in which they stand in this act, will, at least, remove that doubt.] § 115. If a person arrested is kept in a house, other than the jail of the county, the officer arresting him, or the person in whose custody he is, shall not demand or receive from him any greater sum, for lodging, drink, victuals, or any other thing, than has been there[22] 169 Also for waiting for pris oner. Rates of charges for lodg ing, etc. |