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§ 82. Each stenographer, specified in this act, is an officer of the court or courts, for or by which he is appointed; and, before entering upon the discharge of his duties, must subscribe the Constitutional oath of office and file the same in the office of the clerk of the court, or, in the supreme court, in the office of the clerk of the county where the term sits, or the judge resides, by which or by whom he is appointed. A person shall not be appointed to the office of stenographer, unless he is skilled in the stenographic art.

$83. Each stenographer specified in this act must, under the direction of the judge, presiding at or holding the term or sitting which he attends, take full stenographic notes of the testimony, and of all other proceedings, in each cause tried or heard thereat, except when the judge dispenses with his services in a particular cause, or with respect to a portion of the proceedings therein. The court, or a judge thereof, may, in its or his discretion, upon or without an application for that purpose, make an order, directing the stenographer to file with the clerk, forthwith or within a specified time, the original stenographic notes, taken upon a trial or hearing; whereupon the stenographer must file the same accordingly.

§ 84. The original stenographic notes, taken by a stenographer, are part of the proceedings in the cause; and, unless they are filed, pursuant to an order, made as prescribed in the last section, they must be carefully preserved by the stenographer, for two years after the trial or hearing; at the expiration of which time he may destroy the same. If the stenographer dies, or his office becomes otherwise vacant, before the expiration of that time, they must be delivered to his successor in office, to be held by him with like effect, as if they had been taken by him. They must be written out at length by the stenographer, if a judge of the court so directs, or if the stenographer is required so to do, by a person entitled by law to a copy of the same, so written out. Unless such a direction is given, or such a requisition is made, the stenographer is not bound so to write them out.

$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 proceedings, or 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.

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.

$87. The provisions of the last five sections are also applicable to 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

ATTENDANTS.

$$ 88-95

vacant, be delivered to the stenographer, to be held by him with like effect, as if they had been taken by him.

§ 88. 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 appointe 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 default 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 common 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,

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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, 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 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 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, mu t 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.

CHAPTER II.

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

GENERALLY.

TITLE II.-PROVISIONS RELATING TO THE EXECUTION, BY A SHERIFF,
MANDATE AGAINST THE PERSON.

OF A

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.

TITLE I.

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.

TRIAL BY SHERIFF'S JURY.

§ 10. Names of resisters to be certi-
fied.

106. Punishment for refusing to as-
sist.

107. Governor may order out military.

$$ 100-108

§ 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, with out 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 of proceeding, authorized by law. sheriff may be returned, by depositing the same in the post-office, properly A mandate directed and delivered to a 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 liable 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 re sistance, 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 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.

§ 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 of 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.

§ 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 wit nesses' 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.

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. Jail; 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 an assignment of a bond for jail liberties.

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