TITLE 2. Stenographers to furnish gratuitously copies of § 85. Each stenographer, specified in this act, must, upon request, furnish, with all reasonable diligence and without charge, to the judge holding a term or sitting, which he has attended, a copy, written out at length from his stenographic notes, of the testimony and proceedproceedings, or a part thereof, upon a trial or hearing, at that term or sitting. But this section does not affect a provision of law, authorizing the judge to direct a party or the parties to an action or special proceeding, or the county treasurer, to pay the stenographer's fees for such a copy. ings, to judge. To furnish like copies to parties, district at torney and attorneygeneral; compensation. cable to as § 86. Each stenographer, specified in this act, must likewise, upon request, furnish, with all reasonable diligence, to the defendant in a criminal cause, or a party, or his attorney in a civil cause, in which he has attended the trial or hearing, a copy, written out at length from his stenographic notes, of the testimony and proceedings, or a part thereof, upon the trial or hearing, upon payment, by the person requiring the same, of the fees allowed by law. If the district-attorney or the Attorney-General requires such a copy, in a criminal cause, the stenographer is entitled to his fees therefor; but he must furnish it, upon receiving a certificate of the sum to which he is so entitled; which shall be a county charge, and must be paid by the county treasurer, upon a certificate, like other county charges. These sec- § 87. The provisions of the last five sections are also applicable to tions appli: each assistant-stenographer, now in office, or appointed or employed, pursuant to any provision of this act; except that the stenographic notes, taken by an assistant-stenographer, must, if he dies or his office becomes otherwise vacant, be delivered to the stenographer, to be held by him with like effect, as if they had been taken by him. sistant stenographers. Supervi sors to provide for § 88. The board of supervisors of each county must provide for the payment of the sums chargeable upon the treasury of the county, for compensa the salary, fees, or expenses of a stenographer or assistant-stenographer; of stenog and all laws relating to raising money in a county, by the board of supervisors thereof, are applicable to those sums. tion, etc., raphers. County clerk to appoint special deputy to attend courts. § 89. Each county clerk may, from time to time, by an instrument in writing, filed in his office, appoint, and at pleasure remove, one or more special deputy-clerks, to attend upon any or all of the terms or sittings of the courts of which he is clerk. Each person so appointed must, before he enters upon the duties of his office, subscribe, and file in the clerk's office, the Constitutional oath of office; and he possesses, in the absence of the clerk and the deputy-clerk, the same power and authority as the clerk, at any sitting or term of the court, which he attends, with respect to the business transacted thereat. § 90. No person holding the office of clerk, deputy-clerk, special deputy-clerk, or assistant in the clerk's office, of a court of record or of the surrogate's court, within either of the counties of New York or Kings, shall hereafter be appointed, by any court or judge, a referee, receiver or commissioner, except by the written consent of all the parties to the action or special proceeding, other than parties in default for failure to appear or to plead. § 91. The county judge of each county, except Kings and Dutchess, from time to time, may appoint, and at pleasure remove, a crier for the courts of record held in his county; who is entitled to a compensation fixed and to be paid as prescribed by law. The clerk of the county of Dutchess, or in his absence the deputy-clerk, must act as crier at each term of a court of record held in that county. He is entitled therefor to a compensation, fixed and to be paid as prescribed by law. ART. 3. etc., to act Attendants § 92. A sheriff, deputy-sheriff, or constable, attending a term of a When court of record, must, when required by the court, act as crier therein; sheriff, and he is not entitled to any additional compensation for that service. constable, § 93. The judges, or a majority of them, of each of the following as crier. named courts, to wit: the supreme court within the first judicial dis- uponcourts trict; the court of common pleas for the city and county of New York; Nevity and the superior court of the city of New York, from time to time, may appoint, and at pleasure remove, such attendants upon the court of which they are respectively members, including, where the justices of the supreme court make the appointment, the circuit court, and the court of oyer and terminer, as they think necessary for the due transaction of the business thereof; not exceeding four attendants for each part, and four for the general term. for courts § 94. The board of supervisors of the county of Kings may appoint Interpreter an interpreter, to attend the terms of the courts of record, except the of record county court, held in that county, at which issues of fact are triable; in Kings who shall hold his office during good behavior. county. and mes § 95. The following judges, to wit: the justices of the supreme court Attendants for the second judicial district, residing in Kings county, or a majority sengers, of them; the judges of the city court of Brooklyn, or a majority of how ap pointed in them; the county judge of Kings county; and the surrogate of Kings Kings county; may designate how many attendants and messengers, for the county. 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. § 96. Each of the persons, appointed as prescribed in the last section, Duties of must attend, from day to day, the terms and sittings, within the county persona appointed of Kings, of the court to which he is assigned, to preserve order, and under last to perform whatever services may be required of him, by the judge section. presiding thereat. when di stables, § 97. The sheriff of each county, except New York and Kings, must, Sheriff, within a reasonable time before the sitting, in his county, of a special rected to term of the supreme court, or a term of the circuit court, county court, notify concourt of oyer and terminer, or court of sessions, notify, in writing and etc., to personally, as many constables of his county, as he has been directed attend to notify, by the court, or the judge who is to hold or preside at the term, to appear and attend upon the term, during its sitting. courts. not di § 98. If such a direction has not been given by the court or the Id., when judge, the sheriff may in like manner notify as many constables, as rected. he deems necessary, for the purpose specified in the last section. officer to § 99. Each constable seasonably notified, as prescribed in the last Penalty for two sections, must attend the term accordingly; and for each day's neglect of neglect, he may be fined by the court, at the term which he was noti- atend fied to attend, a sum not exceeding five dollars. court. TITLE 1. CHAPTER II. POWERS, DUTIES, AND LIABILITIES OF A SHERIFF, OR TITLE I. PROVISIONS RELATING TO THE EXECUTION OF CIVIL MAN DATES GENERALLY. TITLE II.-PROVISIONS RELATING TO THE EXECUTION, BY A SHERIFF, TITLE III.-APPLICATION OF THE FOREGOING PROVISIONS TO THE PRO CEEDINGS OF A CORONER. TITLE IV.-POWERS, DUTIES, AND LIABILITIES OF AN INCOMING AND OUT- Sheriff to TITLE I. Provisions relating to the execution of civil mandates generally. SECTION 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. Penalty for neglect in special proceedings. 104. Sheriff may summon 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. § 100. A sheriff, to whom a mandate of any description, is delivered furnish cer- to be executed, must, without compensation, give to the person deliver tain min ute. Copy of process, etc., to be delivered when served. Sheriff to execute process, etc.; may return by mail. ing 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. § 101. A sheriff, or other officer, serving a mandate, must, upon the request of the person served, deliver to him a copy thereof, without compensation. § 102. 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 inclosed in a post-paid 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. TITLE 1. § 103. A sheriff, or other officer, to whom is delivered, for service or Penalty for neglect in execution, a mandate, authorized by law to be issued, by a judge or special proother officer, in a special proceeding, who wilfully neglects to execute ceedings. the same, may be fined by the judge, in a sum not exceeding twentyfive dollars, and is liable to the party aggrieved for his damages sustained thereby. summon county, to § 104 If a sheriff, to whom a mandate is directed and delivered, Sheriff may finds, or has reason to apprehend, that resistance will be made to the power the execution thereof, he may command all the male persons in his of the county, or as many as he thinks proper, and with such arms as he overcome directs, including any military organization armed and equipped, to resistance. 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. be certi § 105. The sheriff must certify to the court, from which or by whose Names of authority the mandate was issued, the names of the resisters, their resisters to aiders and abettors, as far as he can ascertain the same, to the end fied. that they may be punished for their contempt of the court. ment for § 106. A person, commanded by a sheriff to assist him, as prescribed Punishin the last section but one, who, without lawful cause, refuses, or refusing to neglects to obey the command, is guilty of a misdemeanor. assist. out mili § 107. If it appears to the Governor, that the power of a county will Governor not be sufficient, to enable the sheriff thereof to serve or execute the may order process or other mandates, delivered to him, he must, on the application tary. of the sheriff, order such a military force, from another county or counties, as is necessary. claim of § 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 a claim title by or title to, or of the right of possession of goods or effects, seized by third per him by virtue of a mandate in an action, interposed by a person not a property 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 eight hundred and fifty-four of this act, and with like effect; except that a warrant to apprehend or to commit a witness, in a case specified in section eight hundred and fifty-five or section eight hundred and fifty-six 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 son, to seized by sheriff. TITLE 2. Expenses, how paid. 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. § 109. Upon such a trial there are no costs; but the fees of the sheriff, jurors, and witnesses must be taxed, by a judge of the court, or the county judge of the county, or, in the city and county of New-York, by a judge of the court of common pleas for that city and county, and must be paid as follows: 1. If the jury, by their verdict, find the title, or the right of possession to the property claimed, to be in the claimant; by the party at whose instance the property was taken by the sheriff. 2. If they find adversely to the claimant, with respect to all the property claimed; by the claimant. 3. If they find the title, or the right of possession to only a part of the property claimed, to be in the claimant; each party must pay his own witnesses' fees; and the sheriff's and jurors' fees must be paid, one-half by each party to the inquisition. Before notifying the jurors, the sheriff may, in his discretion, require each of the parties to the controversy to deposit with him such reasonable sum, as may be necessary to cover his legal fees, and the jurors' fees. The sheriff must return to each party the balance of the sum so deposited by him, after deducting the fees, lawfully chargeable to that party, as prescribed in this section. Prisoner, TITLE II. Provisions relating to the execution, by a sheriff, of a mandate against the person. ARTICLE 1. Arresting, conveying to jail, and committing a prisoner. 2. Jails; jail discipline; and regulations concerning the confinement and care of prisoners. 3. Temporary jails, and temporary removal of prisoners from jail. 4. Jail liberties; escapes. 5. Action upon and assignment of a bond for jail liberties. ARTICLE FIRST. ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER. SECTION 110. Prisoner, how kept. 111. Support of prisoner in Kings county. 112. Id.; in other counties. 113. Charges for food, etc., when prohibited. 114. Also for waiting for prisoner. 115. Rates of charges for lodging, etc. 116. Prisoner may send for necessaries. 117. Charges for rent, etc., prohibited. 118. Prisoner how conveyed to jail through another county. § 110. A person arrested, by virtue of an order of arrest, in an how kept. 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 |