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vacant, be delivered to the stenographer, to be held by him with like effect, as if they had been taken by him.
83. The board of supervisors of each county must provide for the payment of the sums chargeable upon the treasury of the county, for the salary, fees, or expenses of a stenographer or assistant stenographer; and all laws relating to raising money in a county, by the board of supervisors thereof, are applicable to those sums.
§ 89. [am'd 1879.] 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 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. [new 1877.] 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 defauit for failure to appear or to plead.
§ 91. [am'd 1883] The county judge of each county, except Kings, 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.
92. A sheriff, deputy-sheriff, or constable, attending a term of a court of record, must, when required by the court, act as crier therein; and he is not entitled to any additional compensation for that service.
§ 93. [am'd 1884.] The judges, or a majority of them, of each of the following named courts, to wit: the supreme court within the first judicial district; the court of co mon pleas for the city and county of New York; and the superior court of the city of New York, from time to time, may ap point, 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 five attendants for each part, and four for the general term.
$94. [am'd 1877.] The board of supervisors of the county of Kings may appoint an interpreter, to attend the terms of the courts of record, except the county court, held in that county, at which issues of fact are triable; who shall hold his office during good behavior.
§ 95. The following judges, to wit: the justices of the supreme court for the second judicial district, residing in Kings county, or a majority of them; the judges of the city court of Brooklyn, or a majority of them; the county judge of Kings county; and the surrogate 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 over 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, aud 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, must attend, from day to day, the terms and sittings, within the county of Kings, of the court to which he is assigned, to preserve order, and to perform whatever services may be required of him, by the judge presiding thereat.
97. The sheriff of each county, except New York and Kings, must, within a reasonable time before the sitting, in his county, of a special term of the supreme court, or a term of the circuit court, county court, court of over 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 or preside at the term, to appear and attend upon the term, during its sitting.
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.
$99. Each constable seasonably notified, as prescribed in the last two sections, mut 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.
POWERS, DUTIES AND LIABILITIES OF A SHERIFF, OR OTHER MINISTERIAL OFFICER IN THE EXECUTION OF THE PROCESS OR OTHER MANDATE OF A COURT OR JUDGE, IN A CIVIL CASE.
TITLE I-PROVISIONS RELATING TO THE EXECUTION OF CIVIL MANDATES
TITLE II.-PROVISIONS RELATING TO THE EXECUTION, BY A SHERIFF, of a MANDATE AGAINST THE PERSON.
TITLE III-APPLICATION OF THE FOREGOING PROVISIONS TO THE PROCEED
INGS OF A CORONER.
TITLE IV.-POWERS, DUTIES, AND LIABILITIES OF AN INCOMING AND OUTGOING SHERIFF, RESPECTIVELY, TOUCHING THE MATTERS INCLUDED IN THIS CHAPTER.
Provisions relating to the execution of civil mandates generally.
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.
§ 10. 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 to be executed, must, without compensation, give to the 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.
§ 101. [am'd 1877.] 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. [am'd 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 enclosed 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.
103. [am'd 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 able to the party aggrieved, for his damages sustained thereby.
104. If a sheriff, to whom a mandate is directed and delivered, 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 mili tary 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.
105. The sheriff must certify to the court, from which or by whose authority the inandate 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.
106. A person, commanded by a sheriff to assist him, as prescribed in the last section but one, who, without lawful cause, refuses, or neglects to obey the command, is guilty of a misdemeanor.
107. If it appears to the Governor, that the power of a county will not be sufficient, to enable the sheriff thereof to serve or execute the process or other mandates, delivered to him, he must, on the applicatiom of the sheriff order such a military force, from another county or counties, as is necessary.
108. Where it is specially prescribed by law, that a sheriff must, or may, in his discretion, empanel a jury to try the validity of a 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 a 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 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. [am'd 1879.] The sheriff or under 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.
§ 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.
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. Jail: jail discipline; and regulations concerning the confinement and
3. Temporary jails, and temporary removal of prisoners from jail.
5. Action upon an assignment of a bond for jail liberties.
ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER.
§ 110. Prisoner, how kept.
111. Support of pri oner in Kings County. [Repealed 1883.]
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.
119. Officer or prisoner not liable to
§ 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.
§ 111. [Repealed in 1883]
§ 112. [am'd 1883.] In any county, if a prisoner, actually confined in jail, makes oath before the sheriff, jailor, or deputy-jailor, that he is unable to support himself during his imprisonment, his support is a county charge.
113. A sheriff or other officer shall not charge a person, whom he has arrested, with any sum of money, or demand, or receive from him money, or any valuable thing, for any drink, victuals, or other thing, furnished or provided for the office, or for the prisoner, at any tavern, ale house, or public victualing, or drinking-house.
§ 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.
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, vietuals, or any other thing, than has been theretofore prescribed by the court of sessions of the county; or, if no rate has been prescribed by the court of sessions, than is allowed by a justice of the peace of the same town or city, upon proof that the lodging or other thing was actually furnished, at the request of the prisoner. And such an officer or person shall not, in any case or upon any pretext, demand or receive compensation for strong, spirituous, or fermented liquor, or wine, sold or delivered to the prisoner.
§ 116. A prisoner so kept in a house, may send for and have beer, ale, cider, tea, coffee, milk, and necessary food, and such bedding, linen, and other necessary things, as he thinks fit, from whom he pleases, without detention of the same or any part thereof by, or paying for the same, or any part thereof to, the officer arresting him, or the person in whose custody he is.
$117. A sheriff. jailor, or other officer, shall not demand or receive money, or any valuable thing, for chamber rent in a jail; or any fee, compensation, or reward, for the commitment, detaining in custody, release, or discharge of a prisoner, other than the fees expressly allowed therefor by law.