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$ 93. (Amended, 1895.) Seals and records of former superior city courts.-- The seals, books, files, records, papers and documents of the superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, shall be deposited in the offices of the clerks of the several counties in which said courts have heretofore existed, and shall be kept and preserved by said clerks separate and apart from the other books, records, papers and documents in their respective offices, and shall be kept in charge of special deputy clerks, to be designated by said county clerks, so as to be readily accessible for inspection.
In effect Jan. 1, 1896 ; L. 1895, ch. 946.
& 94. [Amended, 1895.] Interpreters for courts of record in Kings county.- The board of supervisors of the county of Kings may appoint an interpreter or interpreters, to attend the terms of the courts of record, except the county court, held in that county, at which issues of fact are triable ; who shall hold office during good behavior.
In effect May 23, 1895; L. 1895, ch. 724, superseding amendment in ch. 946. See ch. 946, $ 4. See post, $ 360.
$ 95. [Amended, 1895.] 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. In effect Jan. 1, 1896 ; L. 1895, ch. 946.
$ 98. 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. L. 1870, ch. 648, 3 2.
§ 97. [Amended, 1895.] 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 sheriffs 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 designat 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. In effect Jan, 1, 1896; L. 1895, ch. 946.
$ 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. 2 R. S. 289, $ 84.
$ 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. Id., $85.
POWERS, DUTIES, AND LIABILITIES OF SHERIFF, OR OTHER MINISTERIAL OFFICER, IN THE EXECUTION OF THE PROCESS OR OTHER MANDATE OF A COURT OR JUDGE, IN A CIVIL CASE.
PROVISIONS RELATING TO THE EXECU
TION OF CIVIL MANDATES GENERALLY, PROVISIONS RELATING TO THE EXECU. TION, BY A BHERIFF, OF À MANDATE AGAINST THE PERSON.
- APPLICATION OF THE FOREGOING PRO
VISION TO THE PROCEEDINGS OF À
TITLE IV. - POWERS, DUTIES AND LIABILITIES OF AN
INCOMING AND OUTGOING BILERIFF, RE-
Provisions rolating to the execution of civil mandate
no. 100. Sheriff to furnish certain minute.
101. Copy of process, etc., to be dellvered when served.
Ø 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. 3&. 8. 440, & 75 (3 R. S., 6th ed., 738 ; 2 Edm. 458), an'd.
$ 101. (Amended, 1877.] Copy of process, eto, to be delivered when served. - A sheriff or other officer, serving a mandate, must, upon the request of the per son served, deliver to him a copy thereof, without compensation. Id., 276.
$ 102. (Amended, 1877.] Sheriff to execute process, eta; 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 thereol, and make return thereon of his proceedings, under his band. 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 proceed. ing, authorized by law. A mandate directed and deliv. ered 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. Id., 77; L. 1850, ch. 225, 83 (4 Edm. 699). Corning o. Southland, 3 H1ll. 562; Ledyard v. Jones, 7 N. Y. 550 ; Sheldon v. Payne, id. 453 ; Watson ». Brennan, 39 N. Y. Supr. 81; McKinley o. Tucker, 6 Lans. 214; Wehle .. Conner, 63 N. Y. 258.
S 103. (Amended, 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 ofillcer, in a special proceeding, who wilfully neglects to execute the same, may be fined by the judge, in a sum bot exceeding twenty-five dollars, and is liable to the party aggrieved for his damages sustained thereby. 12. 8.551, ? (2 Edm. 671). Homan v. Llswell, 6 Cow. 669; Carpente
Oil IIN. Y. 61.
§ 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 rear son to apprehend, that resistance will be made to the execution thereof, he may command all the male per. sons 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 assiet him in overcoming the resistance and, if necessary, in arrest ng and confining the resisters, their aiders and abettors, o be dealt with according to law. 2 R. 8. 441, $ 80 (2 Edm. 459; 3 R. 8., 5th ed., 740). Coyles •. Hurtin, 10
$ 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 pun. shed for their contempt of the court. Id., & 81, am'd.
§ 106. Punishment for refusing to assist. — A per. Bon, commanded by a sheriff to assist him, &s pre scribed 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 exucute the process or other mandates, deliv. ered 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.
S 108. [Amended, 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 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: