§ 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.

§ 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.

L. 1870, ch. 648, § 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 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. 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.

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§ 162. [Amended, 1886.] Summary judgment for sheriff. In an action brought by a sheriff on an undertaking for the jail liberties, if it appears to the court, upon a motion made in behalf of the sheriff, that judgment has been rendered against him, for the escape of the prisoner, and that due notice of the pendency of the action against him, was given to the prisoner and his sureties, to enable them to defend the same, the court must order a summary judgment for the plaintiff; and judgment must be entered accordingly, with costs.

2 R. 8. 435, 50.

$163. Requisites of application therefor.. But to entitle a sheriff to move for such a judgment, he must have served a copy of his complaint, and given twenty days' notice of the motion.

Id., 51.

§ 164. Such judgment when stayed. Id.; when vacated. If it appears, on the hearing of the motion, that the defendants have a meritorious defence, which was not controverted in the action against the sheriff and which by law could not have been so controverted, the court may stay proceedings on the judgment, with such limitations and upon such terms, as it deems just, until a trial in the action; but the judgment must stand as a security for the sheriff. If the defence is established, the court must vacate the judgment, and render judgment for the defendant.

Id., 52 and 53, am'd.

§ 165. [Amended, 1886.] Judgment against sheriff is evidence of damages. In an action brought by a sheriff on an undertaking for the jail liberties, a judgment against him for the escape of the prisoner, is evidence of the damages sustained by him, as if it had been collected; and he may recover his reasonable attorney's and counsel fees, and other expenses in defending the action against him, as part of his damages.

Id.. 54.

$166. [Amended, 1886.] Assignment of undertaking. -If an undertaking for the jail liberties is forfeited before the same is duly allowed, the party at whose instance the prisoner was confined, or, in case of his death, his executor or administrator,may elect to bring an action on the undertaking. 2 R. S., 435, 8 55. Skinner v. Fleet, 14 Johns. 263; Morton v. Camp hell, 14 Abb. 410; s. c.. 37 Barb. 179.

167. [Amended, 1886.] Action on undertaking by assignee; damages recoverable. The person so electing may maintain an action on the undertaking, where an action might be maintained by the sheriff, and he may recover the same damages for the breach of the condition, which he might have recovered in an action against the sheriff, for the escape.

Id., 56.

$168. [Amended, 1886.] Such assignment bars action against sheriff. The commencement of such an action shall be deemed an election and is a bar to an action, by or on behalf of such person, against the sheriff or other officer accepting such an undertaking, for an escape by the prisoner executing the undertaking, amounting to a breach of the condition thereof, unless the escape was with the assent of the sheriff or other officer.

Id., 57.

§ 169. [Amended, 1886.] Defence in action by assignee.— În an action brought as provided for in the three last sections, the defendant may make any defence, which he might make, if the action was brought by the sheriff.

Id.. 58.

§ 170. [Amended, 1886.] Stay of proceedings where assignment is not taken. If the person so entitled to bring an action on the undertaking for the jail liberties, in lieu of making such election, brings an action against the sheriff for the escape, the court may, except where the escape was made with the sheriff's assent, stay proceedings upon a judgment recovered against the sheriff, with such limitations and upon such terms as it deems just, until he has had a reasonable time to prosecute the undertaking, and collect a judgment recovered thereon.

Id., 22 59 and 60. Matter of Chamberlain, 42 Barb 281; s. c., 18 Abb. 104; 28 How. 2.

171. Defence of sheriff in action for escape.— In an action against a sheriff or other officer, for the escape

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§ 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 rea son 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 arrestng and confining the resisters, their aiders and abettors, o be dealt with according to law.

2 R. 8. 441, 280 (2 Edm. 459; 3 B. S., 5th ed., 740). Coyles. Hurtin, 10 Johns. 85.

§ 105. Names of resisters to be certified. - The heriff 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 punshed for their contempt of the court.

Id., 81, am'd.

§ 106. Punishment for refusing to assist. — A per son, 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 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 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.

Id., 83.

§ 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: