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, 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, 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 connty, 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 purposes specified in the last section. § 99. Each constable 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. CHAPTER II. POWERS, DUTIES AND LIABILITIES OF A SHERIFF, OR TITLE I.-PROVISIONS RELATING TO THE EXECUTION OF CIVIL MANDATES GENERALLY. TITLE II.-PROVISIONS RELATING TO THE EXECUTION, BY A SHERIFF, OF TITLE III.-APPLICATION OF THE FOREGOING PROVISIONS TO THE PRO- TITLE IV.-POWERS, DUTIES, AND LIABILITIES OF AN INCOMING AND TITLE I. Provisions relating to the execution of civil mandates generally. 100. Sheriff to furnish certain minute. ivered when served. 102. Sheriff to execute process, etc.; § 103. Penalty for neglect in special proceedings, 104. Sheriff may summon the power of the county, to overcome resistance. § 100. 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 di rected 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 willfully 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 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. § 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 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 application of the sheriff order such 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, ex cept as otherwise specially provided 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 ex mined, 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 jurors' fees must be paid, onehalf 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 te 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. ARTICLE FIRST. ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER. $110. Prisoner, how kept. saries. § 117. Charges for rent, etc., prohibited. 118. Prisoner, how conveyed to jail through another county. 119. Officer or prisoner not liable to arrest. 115. Rates of charges for lodging, etc. 116. Prisoner may send for neces§ 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 ssued 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 preseribed 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. [am'd 1886.] 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 $500 in amount or under a commitment upon a fine for contempt of court in the non-payment of alimony or counsel fees in a divorce case where the amount so to be paid is less than the sum of $500; and where the amount in either of said cases is $500 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 which he had before such execution or mandate was issued; but the prisoner shall not be again imprisoned upon a like process issued in the same action or arrested in any action upon any judgment under which the same may have been granted. Except in a case hereinbefore specified nothing in this section shall effect a commitment for contempt of court. § 112. [am'd 1883.] In any county, if a prisoner, actually confined in jail, makes oath before thesheriff, jailor, or deputy-jailor, thathe is unable tosupport himself during his imprionment, 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 officer, or for the prisoner, at any tavern, ale-house, or public victualing, or drinking-house. § 114. Á 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 pretense, 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, 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, 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. § 118. A sheriff or other officer, who has lawfully arrested a prisoner, may convey his prisoner through one or more other counties, in the ordinary route of travel, from the place where the prisoner was arrested, to the place where he is to be delivered or confined. § 119. A prisoner so conveyed, or the officer having him in custody, is not liable to arrest in any civil action or special proceeding, while passing through another county. ARTICLE SECOND. JAILS; JAIL DISCIPLINE; AND REGULATIONS CONCERNING THE CONFINEMENT AND CARE OF PRISONERS. 134. Sheriff answerable for custody. § 120. The building, now used as a jail in the city of New York, for the confinement of prisoners in civil causes,shall continue to be the jail of the city and county of New York, for the confinement of such persons; and the sheriff of the city and cauty of New York shall have the custody thereof, and of the prisoners in the same. § 121. The buildings, now used as the jails of the other counties of the State, shall continue to be the jails of those counties respectively, until other buildings have been designated or erected for that purpose, according to law; and the sheriff of each county shall have the custody of the jail or jails in his county, and of the prisoners in the same. § 122. The sheriff of a county, in which there is more than one jail, may confine a prisoner in either; and may remove him from one jail to another, within the county, whenever he deems it necessary for his safe keeping, or for his appearance in court. § 123. A prisoner, arrested in a civil cause, must not be kept in a room, in which any prisoner, detained on a criminal charge or conviction, is confined. § 124. Male and female prisoners must not be put in the same room; except that a husband and his wife may be put or kept together, in a room wherein there are no other prisoners. § 125. A sheriff, or other officer, who willfully violates any of the foregoing provisions of this title, forfeits to the person aggrieved, treble damages. He is also guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office. § 126. The board of supervisers of each county, except New York, must appoint some reputable physician, duly authorized to practice medicine, as the physician to the jail of the county. If there is more than one jail they must appoint a physician to each. The common council |