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county of Erie unless requested so to do by the justice presiding.

$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 ast 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.








Provisions relating to the execution of civil mandates


$ 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 thir person, to property seized by sheriff.

109. Expenses, how paid.

7. hun, 397.

§ 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 pro eeding, authorized by law. A mandate directed 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 authoriz-d 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.

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 mil itary 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 thre 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. 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 inisdemeanor.

$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 a military force, from another county or counties, as is necessary.

108. [Am'd 1879, 1895, amendment to take effect January 1, 1896.] Where it is specially prescribed by law that a sher.ff must or may, in his discretion, impanel 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 conrt 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 fiftyfour 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 perjury in a like case and is punishable in like manner as upon the trial of a civil action.

§ 109. [Am'd 1895, amendment to take effect January 1, 1896.] 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 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 neces

205 N. Y. 529. 18 Abb. N.

C. 235.

Id. 451.

111,N.Y.584. 16 Civ. Pro. 357.

26 N. Y.State Rep. 733.

The sheriff

sary to cov. r his legal fees and the jurors' fees.
must return to each party the balance of the sum so
deposited by him, after deducting his fees, lawfully charge-
able to that party, as prescribed in this section.


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 con-
finement and care of prisoners.

3. Temporary jails, and temporary removal of prisoners from

4. Jail liberties; escapes.

5. Action upon an assignment of a bond for jail liberties.



2 110. Prisoner, how kept.

111. Duration of imprisonment.
112. Support; when a county

113, 114. What charges pro-

115. Charges for lodging, etc.
116. Prisoner may send for



2117. Charges for rent, etc, prohibited.

118. Prisoner how conveyed to jail through another county.

119. Officer or prisoner not liable to arrest.

§ 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 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. [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 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 benefits 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. Nothwithstanding 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, actual- 34 Hun, 528 ly 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.

§ 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. 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 pretense, for keeping a 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.

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