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§ 95. Attendants and messengers, how appointed in Kings county. The justices of the supreme court for the second judicial district residing in Kings county, or a majority of them; the county judges of Kings county and the surrogate of Kings county may appoint, and at pleasure remove all attendants and messengers, and court officers in their respective courts in said county. [Aм'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 96. Duties of persons appointed under last section. 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. Sheriff, when directed to notify constables, etc., to attend courts. The sheriff of each county, except New York and Kings, must, within a reasonable time before the sitting, in his county, of any term of court, notify, in writing and personally, as many constables or deputy sheriffs 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. In addition to such constables, or deputy sheriffs, the justices of the supreme court of the eighth judicial district residing in the county of Erie, or a majority of them, shall, in their discretion, appoint and at their pleasure may remove one or more court officers, whose duty it shall be to attend at the justices' chambers and at special terms of the supreme court held in said county of Erie. Such officers shall possess all the powers of officers designated by sheriff's to attend upon courts, and shall each receive a salary of one thousand dollars a year, to be paid in equal monthly payments by the treasurer of the county of Erie. The sheriff of said county of Erie shall not be required to attend or designate any officer to attend at justices' chambers or at special terms of the supreme court held in said county of Erie unless requested so to do by the justice presiding. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 98. Id., when not directed. 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. Penalty for neglect of officer to attend court. 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.
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
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, DUTIES, AND LIABILITIES OF AN INCOMING AND OUTGOING SHERIFF, RESPECTIVELY, TOUCHING THE MATTERS INCLUDED IN THIS CHAPTER.
Provisions relating to the execution of civil mandates generally.
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. 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. 10109. Expenses, how paid.
10. 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 name of the parties, the general nature of the mandate, and the day and hour of receiving the same.
§ 101. Copy of process, etc., to be delivered when served. [AMENDED BY CH. 416 OF 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. Sheriff to execute process, etc., may return by mail. [AMENDED BY CH. 416 OF 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 directed and delivered to a 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. Liability for neglect in special proceedings. [AMENDED BY CH. 416 OF 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. Sheriff may summon 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.
§ 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.
§ 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 misde
$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.
$108. Trial of claim of title by third person, to property seized by sheriff [AMENDED BY CH. 542 OF 1879.] 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 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 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.
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 witness who testifies falsely upon such an examination is guilty of prejury in a like case and is punishable in like manner as upon the trial of a civil action. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 109. Expenses, how paid. 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, 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 so deposited by him, after deducting the fees, lawfully chargeable to that party, as prescribed in this section. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
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 an assignment of a bond for jail liberties.
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.
§ 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.
§ 111. [ORIGINAL SECTION REPEALED CH. 405 of 1883] 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 non-payment 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 which he had before such execution or mandate was issued; but t/ e prisoner shall not be again imprisoned upon a like process issued in the same ation 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. [ADDED CH. 672, AR. OF 1886. SEE § 7 SAME ACT, post.]
§ 7. OF CH. 672, 1886. This act shall take effect immediately, and shall apply to all imprisoned debtors who are in actual confinement or within the jail liberties under any mandate against the person heretofore issued. It shall be the duty of the sheriff of each county within the State to discharge, within five days from the passage of this act, all persons in their custody, who are entitled to such discharge by the provisions of section one hundred and eleven of the Code of Civil Procedure as herein amended. [SUB. 7 OF CH. 672 OF 1886. PASSED JUNE 15, 1886. AMENDING SECTIONS 111, 549,550, 551, 558, 572 of the Code oF CIVIL PROCEdure.]
§ 112. Id.; in other counties. In any county, if a prisoner actually confined in jail makes oath before the sheriff, jailor or deputy-jailor, that he is unable to support himself during his imprisonment, his support shall be a county charge. [AM'D CH. 405 OF 1883.]
§ 113. Charges for food, etc., when prohibited. 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 drinkinghouse.
§ 114. Also for waiting for prisoner. A 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 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. Rates of charges for lodging, etc. 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