ter for courts of § 94. [Amended, 1877.] The board of supervisors of the county Interpreof Kings may appoint an interpreter, to attend the terms of the certain courts of record, except the county court, held in that county, at record in which issues of fact are triable; who shall hold his office during county. good behavior. Adopted, with modifications, from Laws of 1864, ch. 501, § 1, as amended by Laws of 1869, ch. 249, § 1. Kings ants and gers, how in Kings § 95. The following judges, to wit: the justices of the supreme Attendcourt for the second judicial district, residing in Kings county, or a messenmajority of them; the judges of the city court of Brooklyn, or a appointed majority of them; the county judge of Kings county; and the sur- county. rogate of Kings county; may designate how many attendants and messengers, for the appointment of whom no provision is otherwise made by law, are required to attend upon the terms and sittings of the courts of which they are respectively members; including, where the justices of the supreme court make the designation, the circuit court and court of oyer and terminer. Notice of each designation must be given to the sheriff of Kings county, by the clerk of the court. The sheriff must thereupon appoint as many qualified persons, to fill those offices for each court, as the judges thereof have designated. The number of those officers may, from time to time, be increased or diminished, and new appointments may be made, in like manner. A person so appointed may be removed from office, by the judge of the court to which he is assigned; or, if he is assigned to the supreme court, or the city court of Brooklyn, by a majority of the judges: and the sheriff shall not re-appoint, for the same court, a person so removed. Laws of 1873, ch. 165, § 1, amended. persons under last § 96. Each of the persons, appointed as prescribed in the last sec- Duties of tion, must attend, from day to day, the terms and sittings, within appointed the county of Kings, of the court to which he is assigned, to preserve section. order, and to perform whatever services may be required of him, by the judge presiding thereat. Laws of 1870, ch. 648, § 2. when to notify § 97. The sheriff of each county, except New-York and Kings, Sheriff must, within a reasonable time before the sitting, in his county, of a directed, special term of the supreme court, or a term of the circuit court, constacounty court, court of oyer and terminer, or court of sessions, notify, in writing and personally, as many constables of his county, as he has been directed to notify, by the court, or the judge who is to hold bles, etc., to attend courts. Id., when not directed. Penalty for neglect of officer to attend court. or preside at the term, to appear and attend upon the term, during its sitting. 2 R. S. 300, § 83, amended. § 98. If such a direction has not been given by the court or the judge, the sheriff may in like manner notify as many constables, as he deems necessary, for the purpose specified in the last section. 2 R. S. 300, § 84. § 99. Each constable, seasonably notified, as prescribed in the last two sections, must attend the term accordingly; and for each day's neglect, he may be fined by the court, at the term which he was notified to attend, a sum not exceeding five dollars. 2 R. S. 300, § 85. CHAPTER II. POWERS, DUTIES, AND LIABILITIES OF A SHERIFF, TITLE I. PROVISIONS RELATING TO THE EXECUTION OF CIVIL TITLE II. - PROVISIONS RELATING TO THE EXECUTION, BY A TITLE III. - APPLICATION OF THE FOREGOING PROVISIONS TO THE TITLE IV. — POWERS, DUTIES, AND LIABILITIES OF AN INCOMING THE MATTERS INCLUDED IN THIS CHAPTER. TITLE I Provisions relating to the execution of civil mandates generally. SEC. 100. Sheriff to furnish certain minute. 101. Copy of process, etc., to be delivered when served. 102. Sheriff to execute process, etc.; may return by mail. 103. Liability for neglect in special proceedings. 104. Sheriff may command the power of the county, to overcome resistance. 105. Names of resisters to be certified. 106. Punishment for refusing to assist. 107. Governor may order out military. 108. Trial of claim of title by third person, to property seized by sheriff, 109. Expenses, how paid. to furnish minute. § 100. A sheriff, to whom a mandate of any description, is Sheriff delivered to be executed, must, without compensation, give to the certain person delivering the same, if required, a minute in writing, signed by the sheriff, specifying the names of the parties, the general nature of the mandate, and the day and hour of receiving the same. 2 R. S. 458, § 75, omitting provision for payment of fees. Copy of process, § 101. [Amended, 1877.] A sheriff or other officer, serving a etc., to be mandate, must, upon the request of the person served, deliver to him a copy thereof, without compensation. delivered when served. Sheriff to execute process, etc.; may mail. 2 R. S. 458, § 76, amended. § 102. [Amended, 1877.] A sheriff, or other officer, to whom a mandate is directed and delivered, must execute the same according return by 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 inclosed 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. Liability for neglect in special proceedings. Sheriff may com power of the county, to over 2 R. S. 459, § 77; and Laws of 1850, ch. 225, § 3; 4 Edm. St. 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. 571, § 3, omitting the clause requiring the sheriff to execute the process. § 104. If a sheriff, to whom a mandate is directed and delivered, mand the finds, or has reason to apprehend, that resistance will be made to the execution thereof, he may command all the male persons in his county, or as many as he thinks proper, and with such arms as he 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. come resistance. Names of resisters 2 R. S. 459, § 80, as amended by Laws of 1845, ch. 69, § 18, omitting the words, "or other public officer." § 105. The sheriff must certify to the court, from which or by to be cer- 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. tifled. 2 R. S. 460, § 81, amended by the omission of the words, "or other officer." ment for § 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. 2 R. S. 460, § 82, amended as preceding section. to assist. may military. § 107. If it appears to the governor, that the power of a county, Governor will not be sufficient, to enable the sheriff thereof to serve or exe- order out cute the process or other mandates, delivered to him, he must, on the application of the sheriff, order such a military force, from another county or counties, as is necessary. 2 R. S. 460, § 83. a claim of title by son, to a seized by third per property § 108. Where it is specially prescribed by law, that a sheriff must, Trial of or may, in his discretion, empanel a jury to try the validity of claim or title to, or of the right of possession of goods or effects, seized by him by virtue of a mandate in an action, interposed by person not a party to the action, the trial must be conducted in the following manner, except as otherwise specially prescribed by law: 1. The sheriff must, from time to time, notify as many persons to attend, as it is necessary, in order to form a jury of twelve persons, qualified to serve as trial jurors in the county court of the county or, in the city and county of New-York, in the court of common pleas for that city and county, to try the validity of the claim. 2. Upon the trial, witnesses may be examined, in behalf of the claimant, and of the party, at whose instance the property claimed was taken by the sheriff. For the purpose of compelling a witness to attend and testify, the sheriff, upon the application of either party to the inquisition, must issue a subpoena, as prescribed in section 854 of this act, and with like effect; except that a warrant to apprehend or to commit a witness, in a case specified in section 855 or in section 856 of this act, may be issued by a judge of the court in which the action is brought, or by the county judge, or, in the city and county, of New-York, by a judge of the court of common pleas for that city and county. 3. The sheriff must preside upon the trial. A witness, produced by either party, must be sworn by the sheriff, and examined orally in the presence of the jury. A witness, who testifies falsely upon such an examination, is guilty of perjury in a like case, and is punishable in like manner, as upon the trial of a civil action. New provision. See 2 R. S. 5, §§ 10-12; Code Pro., § 216; Wait's Ann. Code, 378, and notes; Bullis v. Mont- sheriff. how paid. § 109. Upon such a trial there are no costs: but the fees of the Expenses, sheriff, jurors, and witnesses must be taxed, by a judge of the court, |