Page images
PDF
EPUB

ART. 3. When

contable, etc., to act

uponcourts

for courts

count)

and mes.

pointed in

$ 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; weriti, and he is not entitled to any additional compeusation for that service. $ 93. The judges, or a majority of them, of each of the following as crier.

Attendants named courts, to wit: the supreme court within the first judicial district; the court of cominon pleas for the city and county of New York; in New

'York city 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 const 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.

$ 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 recor county court, held in that county, at which issues of fact are triable : in Kings who shall hold his office during good behavior.

S 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 api 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.

8 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 persons ap.

my pointed 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 se presiding thereat. 8 97. The sheriff of each county, except New York and Kings, must, Sheriff,

when li. 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, notify con. court 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

courts. 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 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.

8 99. Each constable seasonably notified, as prescribed in the last Penalty for two sections, must attend the term accordingly; and for each day's boklee neglect, he may be fined by the court, at the term which he was noti- itend fied to attend, a sum not exceeding five dollars.

section.

rected to

not di

court

[2]

TITLE 1.

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 1.-PROVISIONS RELATING TO THE EXECUTION OF CIVIL MAN

DATES GENERALLY.
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 PRO-

CEEDINGS OF A CORONER.
TITLE IV.-POWERS, DUTIES, AND LIABILITIES OF AN INCOMING AND OUT-

GOING SHERIFF, RESPECTIVELY, TOUCHING THE MATTERS
INCLUDED IN THIS CHAPTER.

TITLE I.

Provisions relating to the execution of civil mandates generally.

furnish ce

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. Sheriff to $100. A sheriff, to whom a mandate of any description, is delivered tain min.

** to be executed, must, without compensation, give to the person deliverute. ing the same, if required, a minute in writing, signed by the sheriff,

specifying the names of the parties, the general nature of the man

date, and the day and hour of receiving the same. Copy of $ 101. A sheriff, or other officer, serving a mandate, must, upon the etc., to be request of the person served, deliver to him a copy thereof, without delivered compensation. served. 8 102. A sheriff, or other officer, to whom a mandate is directed and Sherte to delivered, must execute the same according to the command thereof, process, and make return thereon of his proceedings, under his hand. For a etc.may 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

when

Sheriff to execute

mail.

TITLE 1.

for neglect

ings.

summon the power

refusing to

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.

§ 103. A sheriff, or other officer, to whom is delivered, for service or Liability execution, a mandate, anthorized by law to be issued, by a judge or in special other officer, in a special proceeding, who wilfully neglects to execute proceedthe 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.

$ 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 the execution thereof, he may command all the male persons in his of the

county, to county, or as many as he thinks proper, and with such arms as he overcomo 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.

$ 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 tied. that they may be punished for their contempt of the court.

$ 106. A person, commanded by a sheriff to assist him, as prescribed Punish in the last section but one, who, without lawful cause, refuses, or refusin neglects to obey the command, is guilty of a misdemeanor.

assist. § 107. If it appears to the Governor, that the power of a county will Governor

may order not be sufficient, to enable the sheriff thereof to serve or execute the mat 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.

§ 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

son, to 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 man- seized by ner, 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 subpæna, 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 or under-sheriff must preside upon the trial. A witness, produced by either party, must be sworn by the presiding

out mili.

TITLE 2.

officer, 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. Expenses, $ 109. Upon such a trial there are no costs; but the fees of the sheriff, how paid.

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 80 deposited by him, after deducting the fees, lawfully chargeable to that party, as prescribed in this section.

; TITLE II.

[ocr errors]

Provisions relating to the execution, by a sheriff, of a mandate against tho

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.
is ; 14. 5. Action upon and assignment of a bond for jail liberties.

· ARTICLE FIRST.

in .

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,
119. Officer or prisoner not liable to arrest.

[ocr errors]

Prisoner, . $110. A person arrested, by virtue of an order of arrest, in an how кері. sept. 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

other coun.

ART. 1. 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.. S 111. In the county of Kings, when the sheriff has actually con- Support of

prisoner in fined in jail a prisoner so arrested or surrendered, he must serve upon k

Kings the plaintiff's attorney, as prescribed by law for the service of a paper county. 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 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.

$ 112. In any county except Kings, if a prisoner, actually confined id.; in in jail, makes oath before the sheriff, jailor, or deputy-jailor, that he is the unable to support himself during his imprisonment, his support is a county charge. g 113. A sheriff or other officer shall not charge a person, whom he Charges

for food, has arrested, with any sum of money, or demand, or receive from him to money, or any valuable thing, for any drink, victuals, or other thing, prohibited. furnished or provided for the officer, 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 Also for person, arrested by him, while in his custody, a gratuity or reward, "

waiting fl

prisoner. 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 Rates of the county, the officer arresting him, or the person in whose custody for fodg. he is, shall not demand or receive from him any greater sum, for lodg- ing, etc. ing, drink, victuals, 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, Prisoner ale, cider, tea, coffee, milk, and necessary food, and such bedding, mony linen, and other necessary things, as he thinks fit, from whom he saries, , pleases, without detention of the same or any part thereof by, or pay-, ing for the same, or any part thereof to, the officer arresting him, or bei. the person in whose custody he is..

etc., when

for neceg.

« PreviousContinue »