have begun to execute, by the collection of money thereon, or by a levy on property, in pursuance thereof. ART. 6. signing and $70. At the time of such delivery, the said former sheriff shall Indenture; execute an instrument reciting the property, process, documents and receipting. prisoners delivered, specifying particularly the process or other authority by which each prisoner was committed, and is detained, and whether the same be returned or delivered to such new sheriff; which instrument shall be delivered to such new sheriff, who shall acknowledge, in writing upon a duplicate thereof, the receipt of the property, process, documents and prisoners therein specified, and shall deliver such duplicate and acknowledgment to the said former sheriff. former sheriff $71. Notwithstanding the election or appointment of a new she- Powers of riff, the former sheriff shall return in his own name all writs of capias defined. ad respondendum, all other mesne process, all attachments and all executions, which he shall have fully executed, and shall proceed and complete the execution of all final process and attachments which he shall have begun to execute, by a collection of money thereon, or by a levy on property in pursuance thereof. Capias in $ 72. When a sheriff shall have arrested any person upon a capias ad respondendum, by virtue of which, such person shall be confined certain case. either in jail or on the liberties thereof, at the time of assigning and delivering such jail to the new sheriff, if such capias be not then returnable, the same shall be delivered to the new sheriff, and shall be returned by him at the return day thereof, with the proceedings of the former and of the new sheriff thereon. delivery of $73. If any former sheriff shall neglect or refuse to deliver to his compelling successor, the jail, process, documents and prisoners in his charge, as jail, &c. herein required, such successor, may notwithstanding take possession of such jail, and take the custody of the prisoners therein confined, and may compel the delivery of such process and documents, in the man- 124.] ner prescribed in Article fifth of the sixth Title of Chapter fifth of the First Part of the Revised Statutes. [Vol. 1, p. Duty of under vacancy in office of former sheriff. $74. If at the time when any new sheriff shall have qualified and given the security required by law, the office of the former sheriff shall sheriff, &c. if be executed by his under-sheriff, or by a coroner of the county, or by any other person specially authorised for that purpose, such undersheriff, coroner or other person, shall in all things comply with the preceding provisions, and shall perform the duties required of such former sheriff. ARTICLE SIXTH. Of the Duties of Sheriffs, in the Execution and Return of Process. SEC. 75. Sheriffs to give receipts for process. 76. Copy of process served to be delivered to defendant. Receipts for process. Copy of process to be 78. Offices at which certain process to be returned by sheriffs. $75. When process of any description shall be delivered to a sheriff to be executed, he shall give to the person delivering the same, if required by him, and on payment of the fee allowed by law, a minute in writing signed by such sheriff, specifying the names of the parties in such process, the general nature thereof, and the day of receiving the same.93 $76. Every sheriff or other officer serving process, shall, upon the given defen- request of the party served, and without charging or receiving any compensation therefor, deliver to such party a copy thereof.93 dant. Liability of sheriff for not COSS. $77. Every sheriff or other officer, to whom any process shall be returning pro- delivered, shall execute the same according to the command thereof, and shall make due return of his proceedings thereon, which return shall be signed by him. For any violation of this provision, such sheriff or other officer shall be liable to an action at the suit of any party aggrieved, for the damages sustained by him, in addition to any other fine, punishment or proceeding, which may be authorised by law.93 To what offices pro $78. All process issued out of the supreme court, except attachcess to be re- ments and writs of habeas corpus, shall be returned by the several sheriffs, coroners, and other officers to whom the same may have been delivered, as follows: turned. Other returns not to excuse sheriffs, &c. 1. By the sheriffs and other officers of the several counties composing the first senate district, and of the several counties composing the second senate district, except the county of Delaware, to the office of the clerk of the supreme court in the city of New-York: 2. By the sheriffs and other officers of the county of Delaware, and of the several counties composing the third senate district, and of the several counties composing the fourth senate district, except the county of St. Lawrence, to the office of the clerk of the said court in the city of Albany: 3. By the sheriffs and other officers of the county of St. Lawrence, and of the several counties composing the fifth, sixth, seventh and eighth senate districts, to the office of the clerk of the said court in the town of Utica.94 $79. No return of any such process made to any other office than that required in the last section, shall excuse any sheriff or other offi cer from the liabilities, penalties, fines, or proceedings prescribed by law, or by the rules and practice of the supreme court, for a neglect to make a return according to law.94 (93) 1 R. L. p. 423, § 10. (94) Laws of 1820, p. 200, § 2. ARTICLE SEVENTH. Proceedings in case of Resistance to the Execution of Process. SEC. 80. When and for what purpose power of the county may be raised. 81. Names of resisters to be certified to court; their punishment. 82. Penalty for refusing, &c. to obey sheriff. 83. When governor to order force from other counties. ART. 8. er of county. $80. Whenever a sheriff or other public officer authorised to exe- Raising powcute any process delivered to him, shall find or have reason to apprehend that resistance will be made to the execution of such process, he shall be authorised to command every male inhabitant of his county, or as many as he shall think proper, to assist him in overcoming such resistance, and if necessary, in seizing, arresting and confining the resisters, their aiders and abettors, to be dealt with according to law. against re $81. Such sheriff or other officer shall certify to the court from Proceedings which such process issued, the names of the resisters, their aiders and sisters. abettors, to the end that they may be proceeded against, for their contempt of such court.95 obey sheriff, $82. Every person commanded by a sheriff or other officer, to as- Refusal to sist him in the execution of process as herein provided, who shall re- &c. fuse, or without lawful cause, neglect to obey such command, shall be deemed guilty of a misdemeanor, and subject to fine and imprison ment. other coun $83. In case it shall appear to the governor, that the power of any Force from county will not be sufficient to enable the sheriff thereof to execute ties. process delivered to him, he shall, on the application of such sheriff, order such a military force from any other county or counties of this state, as shall be necessary. ARTICLE EIGHTH. Provisions concerning the Duties of Coroners in executing Civil SEC. 84. Coroners to execute process in suits where sheriff is party. 85. One coroner may execute. 86. Proceedings on arrest of a sheriff. 87 & 88. Sheriffs how to be imprisoned on arrest. 89. Coroner liable for escape of sheriff. 90. Sheriff entitled to liberties of jail, &c. 91. Proceedings on bond for liberties. 92. Imprisoning persons arrested at sheriff's suit. 93. How kept; when to be discharged on giving bail bond. 94. Bonds for liberties, how given by them. 95. Liability of coroner for escapes from liberties. cess to be ex coroners. $ 84. Whenever the sheriff of any county shall be a party in any when pro suit, all process in such suit, except when otherwise provided by law, couted by shall be executed by the coroner of the county to whom the same shall be delivered, in the same manner in all respects, subject to the same obligations and liabilities, and with the like authority and en TITLE 6. titled to the same privileges, as are prescribed by law in respect to sheriffs, except in cases otherwise specially provided for. One coroner may act, Powers on arresting sheriff. Imprisoning sheriff. lb. Liability for escape. Sheriff to ties, &c. $85. When process shall be directed to the coroners of a county generally, the same may be executed, and a return thereto may be made and signed by any one of such coroners; but such act or return shall in no degree prejudice the other coroners not participating therein.96 $86. If process for arresting the sheriff of the county, be delivered to a coroner, he shall execute the same in the manner prescribed by law in respect to the execution of similar process by sheriffs; and shall be authorised to take a bond on the arrest, or a bond for the jail liberties, to himself, by the name of his office, in the same cases, and in the same manner, in which a sheriff would be authorised to take the same; which bonds shall have the like effect, and be subject to the same provisions, as bonds taken in like cases by sheriffs; and the proceedings, rights and liabilities thereon, shall be the same in all respects. he $87. If a sheriff, on being arrested by a coroner on civil process, requiring him to be held to bail, shall refuse or neglect to give the bond required by law to entitle him to be discharged; or if a sheriff shall be arrested on execution against his body, or on attachment; shall be confined by the coroner, in some house situated within the liberties of the jail of the county, other than the house of such sheriff, or the jail of such county, in the same manner as sheriffs are required by law to confine prisoners in the jails of their counties respectively. $88. Such house shall thereupon become the jail of the county, for the use of such coroner, and all laws relating to the jails of counties, shall be applicable to the same, while such sheriff shall be confined therein. $89. For any escape of such sheriff from such house, the coroner shall be liable, in the same manner and to the same extent, as sheriff's for the escape of their prisoners, and may plead and give in evidence the same matters allowed to sheriffs in similar actions. $90. A sheriff so confined shall be admitted to the liberties of the have liber jail of the county, established for other prisoners, in the same cases, and upon executing the like bond to the coroner in whose custody he shall be, as provided in other cases. For any escape of such sheriff from such liberties, the coroner shall be liable, in the same manner, and to the same extent, as sheriffs for similar escapes, and may plead and give in evidence the same matters allowed by law to sheriffs. Proceedings on bond. $91. The coroner may prosecute any such bond taken by him, and shall be entitled and subject to all the provisions of law, in respect to similar bonds taken by sheriffs; and such bonds be assigned by him to the party at whose suit such sheriff shall have been (96) 1 R. L. p. 151, § 3. may arrested, and the same proceedings shall be had thereon, in all respects, as on bonds taken and assigned by sheriff's in similar cases. ART. 9. is plaintiff. $92. If any person be arrested by a coroner on process issued in a Where sheriff suit in which the sheriff of the county is a plaintiff, he shall be committed to the common jail of the county, in cases where a commitment is required by law; but such coroner shall not be liable for any escape of such prisoner from such jail, after he shall have been committed thereto. bail bond. $93. Such prisoner, when so committed, shall be kept, in all re- How kept; spects, as other prisoners committed on civil process, and shall be entitled to be discharged, if he be committed on mesne process, on executing a bond to the coroner, in the same manner, and in the same cases, in which such bond is required to be given to a sheriff, which shall have the like effect, and be proceeded on in the same manner, in all respects. liberties. $94. Such prisoner shall be entitled to the liberties of the jail, in Bonds for the same cases as other prisoners, on executing to the coroner a bond, in all respects similar to that required to be given to sheriffs, which shall have the like effect, and shall be assigned and proceeded on in the same manner. liberties. $95. For any escape of such prisoner from such liberties, the co- Escape from roner shall be answerable, in the same manner, and to the same extent, as sheriffs for similar escapes, and may plead and give in evidence the same matters. ARTICLE NINTH. Provisions concerning Persons committed under the Authority of Courts of the United States, to Jails within this State. SEC. 96. Sheriffs to receive and keep prisoners under process of U. S. courts. 97. Liability of sheriffs for safe keeping such prisoners. soners to be riffs. $96. It shall be duty of the sheriffs of the several cities and coun- such prities of this state, to receive into their respective jails, and keep all kept by sheprisoners who shall be committed to the same, by virtue of any civil process issued by any court of record, instituted under the authority of the United States of America, until they shall be discharged by the due course of the laws of the United States, in the same manner as if such prisoners had been committed by virtue of process in civil actions, issued under the authority of this state; and every such sheriff may receive, to his own use, such sums of money as shall be payable by the United States, for the use of the said jails. them. $97. Every sheriff or keeper of a prison, to whose jail any prisoner Liability of shall be committed, by any marshal or other officer of the United sheriff's for States, as provided in the last section, shall be answerable for the safe keeping of such prisoner, in the courts of the United States, according to the laws thereof. |
