As executive of judicial decrees, the sheriff has the following powers and obligations: he must maintain order at the sessions of the higher county courts, and he must execute the various orders of the courts in connection with the cases before them. The sheriff is the keeper of the county jail and is responsible for the prisoners therein confined; he delivers prisoners to the state institutions, being on all occasions particularly careful of the preservation of life and the health of prisoners under his supervision.22 It is as the immediate executive officer of the courts and the executor of writs that the sheriff fulfills practically all his obligations today.23 The sheriff has additional miscellaneous duties and powers worthy of consideration. He must keep an office in the city or village in which the county court is held, such office being open every day in the year except Sunday. He has no power to offer rewards for the apprehension of criminals, and is required to serve subpoenas of district attorneys of other counties upon witnesses in his own county. He is the immediate officer of every court of record in the state, and can administer oaths to appraisers of property, jurors, and witnesses on the execution of writs of inquiry, and to the sureties of any bond that he is authorized or required by law to take or approve. .24 Although the police power and the role of executor of criminal processes still adhere to the office, the sheriff is mainly occupied with the administration of the county jail and serving warrants, subpoenas, and other processes in civil cases.25 The establishment of the New York State Police in 1917 has decreased the importance of the county sheriff as a factor in rural crime control. All records are in the jail office, unless otherwise noted. Criminal Matters 583. (RECORD OF INDICTMENTS), 1907-9. 1 vol. Miscellaneous records, including: i. Grand and trial jury lists, 1907, showing same information as entries 364, 366. ii. Lists of persons indicted and tried, Nov. 1, 1907-9, showing date arrested, offense, date of trial, length of sentence, jail or prison where confined, and judge of action. iii. Subpoena lists, 1907, showing plaintiff and defendant, name and address of witness, fees, and other expenses of service. Arr. chron. by dates of recording. No index. Hdw. 150 pp. 14 x 9 x Courthouse basement, wall case. 22. Ibid., p. 141. 23. Allen, op. cit., p. 45. 24. Crocker, op. cit., p. 22. 25. N. Y. State Constitutional Convention Committee, op. cit., p. 199. Sheriff Criminal Matters (584-588) 584. JAIL COMMITMENT ORDERS, 1925--. 137 bdls. (dated). Original orders issued by Supreme, county, and city courts, and courts of special sessions, showing same information as entry 515. dates of filing. No index. Hdw. or typed on pr. forms. Arr. chron. by 585. PRISONERS JAIL REGISTER, 1910--. 3 vols. Record made when prisoners are received at the county jail, showing date admitted, name, offense, date of trial, court, sentence, and date discharged. Arr. alph. by names of prisoners. Hdw. under pr. headings. Aver. 350 pp. 14 x 9 x 2. 586. JAIL BOOK, 1904-19, 1921--. 5 vols. Title varies: Jail Record, Record of all prisoners committed to the county jail to serve sentences or to await trial in the Supreme, county, and city courts, and courts of special sessions, showing date, name, offense charged, trial number of case, length of sentence, fine, age, sex, birthplace, color, social relationship, education, religious denomination, court and judge of action, trade or occupation, employment when arrested, number of prior convictions, and discharge. Vols. include accounting of moneys expended for prisoners' board, showing date of requisition, itemization of foods purchased, and cost. Arr. chron. by dates of recording. No index. Hdw. under pr. headings. Aver. 300 pp. 16 x 14 x 2. 2 vols., 1904-19, basement wall case; 3 vols., 1921--, office safe. 587. (HISTORY OF PRISONERS), 1910--. 150 vols. Record of the history of each prisoner, showing date, name, address, crime committed, place of arrest, arresting officer, date arraigned, court of action, judge, length of sentence, fine, previous convictions, age, date of birth, height, weight, color of hair and eyes, complexion, build, place of birth, nationality, sex, citizenship, color, occupation, employment at time of arrest, education, religion, marital status, scars or marks, permission to open mail, discharge, and signature of prisoner. Arr. chron. by dates of commitments. No index. Hdw. on pr. forms. Aver. 100 pp. 8 x 6 x 2. 588. FINGERPRINT FILE, 1924--. 2 f.d. Fingerprint card record of each prisoner, showing, on one side, date impression taken, name, identification number, county, aliases, date sentenced, date received, crime committed, act under which tried, length of sentence, court of action, judge, date transferred or discharged, Bertillon measurements, place of birth, home address, occupation, height, scars or other marks, deformities, criminal record, prisoner's signature, and date card written; and, on reverse side, the impressions of thumbs and fingers of each hand, prisoner's name, identification number, fingerprint classification, date, signature of prisoner, and person taking impressions. Arr. alph. by names of prisoners. No index. Hdw. on pr. forms. 12 x 12 x 24. Sheriff Civil Matters; Miscellaneous (589-594) 589. VISITOR'S REGISTER, 1930--. 1 vol. No Vol. serves as record of each visitor to the jail, showing visitor's signature and date of visit. Arr. chron. by dates of recording. index. Hdw. 200 pp. 12 x 8 x 1. Civil Matters 590. SUMMONS AND COMPLAINT BOOK, 1936--. 1 vol. Register of all processes sent to the sheriff for service, showing date received, plaintiff, defendant, date of paper, type of summons or complaint, court of action, county, attorneys in action, and date served. Arr. alph. by names of defendants. No index. Hdw. under pr. headings. 100 pp. 14 x 8 x 1. 591. EXECUTION BOOK, 1929--. 2 vols. Record of all executions, including body executions, issued by Supreme and county courts for the satisfaction of judgments, showing judgment debtor, judgment creditor, attorneys in action, date of judgment, date received by sheriff, report (whether satisfied or not satisfied), and amount of judgment. Arr. alph. by names of judgment debtors. No index. Hdw. under pr. headings. Aver. 250 pp. 14 x 12 x 2. Office safe. 592. GARNISHEE ORDERS, 1933--. 1 f.d. Original orders issued by the Supreme and county courts directing employer to deduct a certain sum from the wages of an employee, showing judgment debtor, judgment creditor, amount, court of action, attorneys, date of judgment, date of garnishee order, date of notice to sheriff, employer, and signature of judge. No obvious arr. No index. Some typed; others hdw. or typed on pr. forms. 8 x 6 x 18. Certificates of sale of property seized and sold by sheriff to satisfy judgments, showing judgment debtor and creditor, amount, costs, date and place of sale, purchaser, and attestation of sheriff. F.d. includes related correspondence. Arr. alph. by names of judgment debtors. No index. Some hdw. or typed; others hdw. or typed on pr. forms. 12 x 12 x 24. For other records of sheriffs' sales, see entries 356,430-432,511. Miscellaneous (ACCIDENT REPORTS), 1936--. 2 vols. 594. Record of all accidents reported to the sheriff's office, showing time date, and place of accident; persons involved; nature of accident; person reporting accident; time report received; and investigating officer or deputy. Arr. chron. by dates of recording. No index. Typed. Aver. 1000 pp. 12 x 10 x 4. Coroners (Next entry 595, p. 189) XVII. CORONERS Colonial Period It is evident that the office of coroner existed as early as the twelfth century, at that time the official being known as Serviens Regis. 1 The English "cor owner" first appeared in the fourteenth century and was the keeper of the king's pleas, since it was his duty to keep pleas, suits, or causes which affected the king's crown and dignity. As an officer of the king, his main function was to keep a record of all in the county that related in any manner to the administration of criminal justice.2 He investigated all deaths which appeared to have been caused by unnatural means, and in addition supervised the salvaging of wrecked ships and buried treasures. The duties of the coroner during the Dutch colonial period in America seem to have been performed by the schouts and the schepens. The investigating powers of these officers were quite broad and included the examination of crimes and deaths resulting from criminal action. The schepens were supposed to supervise the burial of strangers, which duty is a general obligation of the modern coroner.3 The Schout Fiscal of New Amsterdam was required to investigate the circumstances regarding shipwrecks and protect the property of the parties concerned. Under the Duke's Laws of 1665, there was no coroner specifically desigHowever, the town constables and two overseers were supposed to view corpses in cases which suggested the possibility of foul play.4 In 1686 Governor Dongan's charters required that the cities of Albany and New York should each have a coroner.5 In 1708 a law was enacted which provided for the election of coroners in cities and counties instead of their being appointed by the Governor, but this act was disallowed by the home government.6 Finally, in 1774, Governor Tryon reported that he had appointed one or more coroners in each county.7 Constitution of 1777 It was provided in the constitution of 1777 that the annual appointment of coroners be made by the Council of Appointment, and that no person could remain in office more than four successive years.8 The constitution of 1821 made provision for the election of not more than four coroners in any county, each to serve a term of three years. Since 1821 there have not been any significant constitutional changes relative to the office of coroner. 1. Sir John Jervis, Office and Duties of Coroners, London, 1927, p. 1. 2. Ibid., p. 4. 3. O'Callaghan, History of New Netherland, I, 212. Coroners (Next entry 595, p. 189) Qualifications The general qualifications for the office of coroner are that the candidate must be at least 21 years of age, an American citizen, and a resident of the county in which the duties of his office are to be executed. While in office he cannot practice as attorney or counsellor in any court of the state; but he may succeed himself at the expiration of the coroner's regular three-year term.9 Manner of Election In any of the counties having a population of at least 100,000 inhabitants, there were originally four coroners elected, while counties having fewer than 100,000 inhabitants were allowed but one coroner.10 This act was later amended, and each county having a population of over 100,000 was subdivided by the board of supervisors into districts, one coroner being elected from each district every three years, but having jurisdiction anywhere within the county limits.11 In several of the counties which have abolished the position of coroner, investigating duties are transferred to other county officers. Chief among these are the medical examiners, who possess few requirements other than physicians' licenses.12 Compensation In 1826 an act was passed which fixed the compensation to be paid to the coroners of the various cities and counties of this state for viewing dead bodies; in addition, coroners' accounts had to be audited and allowed by the board of supervisors of the respective cities and counties.13 In 1892, the counties were permitted to determine the fees of their coroners.14 However, in 1899, coroners were to be paid salaries rather than fees alone, and the boards of supervisors fixed such salaries, no fees being kept by the coroner except those received when he was acting as sheriff in the absence of that officer.15 The salaries of the coroners vary according to the size, wealth, and population of the counties. The coroner, after 1904, was again to receive fees plus his salary; these fees ranged from $5 for viewing a body to $.10 per mile for travel in going about his duties.16 If it should happen in consequence of the performance of his duties that the coroner becomes a witness in criminal procedure, he must receive $3 per day for 9. Borden D. Smith, The Powers, Duties and Liabilities of Coroners and Constables, Albany, 1902, p. 3. 10. Laws of 1912, ch. 91. 11. Laws of 1920, ch. 594. 12. N.Y. State Commission for the Revision of the Tax Laws, op. cit., p. 218. 13. Laws of 1826, ch. 62. 14. Laws of 1892, ch. 686. 15. Laws of 1899, ch. 447. 16. Laws of 1904, ch. 119. |