Kings county may appoint and at pleasure remove, a clerk to such justice at a salary not exceeding two thousand five hundred dollars a year, to be raised and paid in the same manner as the salaries of attendants and officers.

L. 1895, ch. 946; L. 1896, ch. 891; L. 1900, ch. 138; L. 1903, ch. 517; L. 1904, ch. 745; L. 1905, ch. 93. In effect January 1, 1906.

§ 98. [Am'd, 1903.] Number.

In any county where the compensation of such attendants is now fixed by statute at the sum of three dollars per day and mileage, the number of attendants to be appointed for any one term of court, pursuant to the last preceding section, shall not exceed eighteen.

2 R. S. 289, § 84; L. 1903, ch. 517. In effect Sept. 1, 1903.

§ 99. [Am'd, 1903.] Penalty for neglect of officer to attend court.

Each constable or deputy sheriff, 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.

Id., § 85; L. 1903, ch. 517. In effect Sept. 1, 1903.

26b

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 Mandates 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 Proceedings of a Coroner.

TITLE IV.-Powers, Dutles 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.

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.

100. Sheriff to furnish certain minute.

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. 2 R. S. 440, § 75 (3 R. S., 5th ed., 738; 2 Edm. 458), am'd.

} 101. [Am'd, 1877.] Copy of process, etc., to be delivered when served.

A sheriff or other officer, serving a mandate, must, upon the request of the person served, deliver to him a copy thereof, without compensation.

Id., § 76.

§ 102. [Am'd, 1877.] Sheriff to execute process, etc.; may return by mail.

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 thereou 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.

2 R. S. 440, § 77; L. 1850, ch. 225, § 3 (4 Edm. 699).

§ 103. [Am'd, 1877.] Liability for neglect in special proceedings.

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. 551, § 3 (2 Edm. 571).

§ 104. Sheriff may command the power of the county, to overcome resistance.

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 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.

2 R. S. 441, § 80 (2 Edm. 459; 3 R. S., 5th ed., 740).

§ 105. Names of resisters to be certified.

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.

Id., 81, am'd.

§ 106. Punishment for refusing to assist.

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. Id., § 82, am'd.

§ 107. Governor may order out military.

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 application of the sheriff, order such a military force, from another county or counties, as is necessary.

Id., § 83.

§ 108. [Am'd, 1895.] Trial of claim of title by third person, to property seized by sheriff.

Where it is specially prescribed by law, that a sheriff must, or may, in his discretion, impanel a jury to try the validity of a claim of 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 supreme court, 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 commit a witness, in a case specified in section 855 or 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.

3. The sheriff or under sheriff must preside upon the trial. A witness, produced by either party, must be sworn by the presiding officer, and examined orally in the presence of the jury. A witLess 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.

L 1895, ch. 946.

{ 109. [Am'd, 1895.] Expenses, how paid.

Upon such a trial there are no costs; but the fees of the sheriff, frors and witnesses must be taxed, by a judge of the court or the county judge of the 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 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 hiri such reasonable sum, as may be necessary to cover his legal es, and the jurors' fees. The sheriff must return to each party the balance of the sum so deposited by him, after deducting his fees, lawfully chargeable to that party, as prescribed in this section.

L 1825, ch. 946. See 2 R. S. 4, § 12; §§ 657-8, 1418-9.

20

CIVIE

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.

Sec. 110. Prisoner, how kept.

111. Imprisonment on execution.

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.

§ 110. Prisoner, how kept.

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.

2 R. S. 376, §§ 76 and 77 (3 R. S., 5th ed., 659; 2 Edm. 391), consolidated and extended.

§ 111. [Am'd, 1886.] Imprisonment on execution.

No person shall be imprisoned within the prison walls of any jail for a longer period than three months under an execution or any other mandate against the person to enforce the recovery of a sum of money less than five hundred dollars in amount or under a commitment upon a fine for contempt of court in the nonpayment of alimony or counsel fees in a divorce case where the amount so to be paid is less than the sum of five hundred dollars; and where the amount in either of said cases is five hundred dollars or over, such imprisonment shall not continue for a longer period than six months. It shall be the duty of the sheriff in whose custody any such person is held to discharge such person at the expiration of said respective periods without any formal application being made therefor. No person shall be imprisoned within the jail liberties of any jail for a longer period than six months upon any execution or other mandate against the person, and no action shall be commenced against the sheriff upon a bond given for the jail liberties by such person to secure the benefit of such liberties, as provided in articles fourth and fifth of this title for an escape made after the expiration of six months' imprisonment as aforesaid. Notwithstanding such a discharge in either of the above cases, the judgment creditor in the execution, or the person at whose instance the said mandate was issued, has the same remedy against the property of the person imprisoned