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 854 of this act, and with like effect; except that a warrant to apprehend or to commit a witness, in a case specified in section 855 or section 856 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. In effect Jan. 1, 1896; L. 1895, ch. 946. Predicated on 2 R. S. 4, §§ 10-12, and Co. Proc., § 216. See post, § 1181. Samuels v. Bryant, 14 Abb. N. S. 442; King,v. Orser, 4 Duer, 431; Crock. on Sheriffs, § 438; Lummis v. Kasson, 43 Barb. 373; Rogers v. Weir, 34 N. Y. 463; Bayley v. Bates, 8 Johns. 185; Townsend v. Phillips, 10 id. 98; Chamberlain v. Beller, 18 N. Y. 115; Hall v. Stryker, 27 id: 603, $109. [Amended, 1895.] 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 right of possession to only à 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 his fees, lawfully chargeable to that party, as prescribed in this section. In effect Jan. 1, 1896; L. 1895, ch. 946. See 2 R. S. 4, § 12; §§ 657-8, 1418-9. TITLE II. Provisions relating to the execution, by a sheriff, of a mandate against the person. ARTICLE 1. Arresting, conveying to jail, and commiting a prisoner. 2. Jails; Jail discipline; and regulations concerning the cor finement and care of prisoners. 8. Temporary Jails, and temporary removal of prisoners from Jail. 4. Jail liberties; escapes, 5. Action upon and assignment of a bond for jail liberties. ARTICLE FIRST. ARRESTING, CONVEYING TO JAIL, AND COMMITTING PRISONER. Bo. 110. Prisoner, how kept. 111. Support of prisoner in Kings county. 113. Charges for food, etc., when prohibited 115. Rates of charges for lodging, etc. 116. Prisoner may send for necessaries. 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 proceed. ing 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. 2 R. S. 376, 2276 and 77 (3 R. S., 5th ed., 659; 2 Edm. 391), consolidated and extended. § 111. [Amended, 1886.] 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 expration 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 fiberties, 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 herein before specified nothing in this section shall effect a commitment for contempt of court. $112. [Amended, 1883.] Support of prisoners in other counties.- In any county, if a prisoner, actually confined in jail, makes oath before the sheriff, jailer, or deputy-jailer, that he is unable to support himself during his imprisonment, his support is a county charge. L. 1875, ch. 251, ?? 1 and 4. § 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 drinking house. 2 R. S. 426, 21 (3 R. S., 5th ed., 724; 2 Edm. 444). $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. Id., 2, am'd. 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 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. Id., 3. 116. Prisoner may send for necessaries.- A prisoner so kept in a house, may send for and have beer, ale, cider term will expire, either by completion of a full term, or by reason of the disability of age, prescribed in the constitution. The certificate must be filed in the office of the secretary of State, who must keep a record of the time of the commencement and termination of the official term, of each judge of a court of record. L. 1870, ch. 86, 8 (7 Edm. 653), and People v. Gardner, 45 N. Y. 812; Dohring. People, 2 T. & C. 458. ARTICLE SECOND. ATTORNEYS AND COUNSELLORS AT LAW. c. 55. Party may appear in person or by attorney. 56. Examination and admission of attorneys. 57. Rules, how changed. 58. Exemptions to graduates of certain law schools. 59. Attorney's oath of office, and certificate of admission. 60. Attorneys residing in adjoining states. 61. Clerks, etc., not to practice. 62. Id.; as to sheriff, etc. 63. None but attorneys to practice in New-York and Kings countles 64. Penalty for violation, or suffering violation of last section. 65. Death or disability of attorney; proceedings thereupon. 66. Attorney or counsel's compensation. 67. Suspension from practice. 68. Must be on notice 69. Removal or suspension, how to operate. 70. Funishment for deceit, etc. 71. Id.; for wilful delay of action. 72. Attorney not to lend his name. 75. Penalty. 76. Limitation of preceding sections. 77. Same rule when party prosecutes in person. 78. Partner of district-attorney, etc., not to defend prosecutions. 79. Attorney not to defend when he has been public prosecutor. 80. Penalty. 81. Limitation of provisions. $55. Party may appear in person or by attorney -A party to a civil action, who is of full age, may pros ecute or defend the same in person or by attorney, at his election, unless he has been judicially declared to be incompetent to manage his affairs. Each provision of this act, relating to the conduct of an action, wherein the attorney for the party is mentioned, includes a party prosecuting or defending in person, unless otherwise specially prescribed therein, or unless that construction is manifestly repugnant to the context. If & party has an attorney in the action, he cannot appear to act in person, where an attorney may appear or act |