JUSTICE'S CHAPTER II. POWERS, DUTIES, AND LIABILITIES OF A SHERIFF, Copy of process, etc., to be TITLE I. Provisions relating to the execution of civil mandates generally. § 101. [Amended, 1877.] A sheriff or other officer, serving a delivered mandate, must, upon the request of the person served, deliver to him a copy thereof, without compensation. when served. Sheriff to execute process, etc.; may return by mail. Liability, for neg lect in special proceedings. [Id., § 76.] 102. [Amended, 1877.] A sheriff, or other officer, to whom a mandate is directed and delivered, must execute the same according to the command thereof, and inake 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 proceeding, authorized by law. A mandate directed and delivered 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, with the addition of the concluding sentence, which has been taken from L. 1850, ch. 225, § 3 (3 R. S., 5th ed., 739; 4 Edm., 699).] § 103. [Amended, 1877.] 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 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. [2 R. S., 551, Part 3, ch. 8, tit. 17, § 3 (3 R. S., 5th ed., 865; 2 Edm., 571), omitting the clause, requiring the sheriff to execute the process; which is covered by the last section. The final clause is new.] PART IL may com- his county, come re to over he sistance. § 104. If a sheriff, to whom a mandate is directed and delivered, Sherif finds, or has reason to apprehend, that resistance will be made to the execution thereof, he may command all the male persons in county, or as many as he thinks proper, and with such arms as directs, including any military 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.(*) [2 R. S., 441, Part 3, ch. 7, tit. 6, § 80 (3 R. S., 5th ed., 740; 2 Edm., 459), as amended by L. 1845, ch. 69, § 18. The original applies to a sheriff, "or other public officer". The latter words were, perhaps, intended to include the under-sheriff, or a deputy-sheriff, but they are broad enough to include a constable, marshal, etc. The power conferred by this section is so broad, and its exercise requires so much discretion and sound judgment, that it ought not to be vested in any officer of lower grade than the sheriff. The words, " or other public officer", have therefore been omitted; and a provision has been framed, in § 3158 of this act, for the transfer to the sheriff, of a mandate, the execution of which by a constable is resisted.] resisters tifled. § 105.* The sheriff must certify to the court, from which or by Names of whose authority the mandate was issued, the names of the resisters, too.certheir 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.(") [Id., § 81, amended in like manner.] * ment for to assist. § 106. A person, commanded by a sheriff to assist him, as pre- Punishscribed in the last section but one, who, without lawful cause, refuses refusing or neglects to obey the command, is guilty of a misdemeanor.(*) [Id., § 82, amended in like manner.] 167 (a) See 3158, page 135. JUSTICE'S Prisoner, how kept. Support of prisoner in county. TITLE II. Provisions relating to the execution, by a sheriff, of a mandate against the person. ARTICLE FIRST. ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER. § 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.(*) [2 R. S., 376, Part 3, ch. 6, tit. 5, §§ 76 and 77 (3 R. S., 5th ed., 659; 2 Edm., 391), consolidated, and extended so as to include a person taken under an order of arrest.] § 111.* In the county of Kings, when the sheriff has actually conKings fined in jail a prisoner so arrested or surrendered, he must serve upon the plaintiff's attorney, as prescribed by law for the service of a paper upon an attorney in an action, a written notice, stating that he has so confined the prisoner, and that the plaintiff is required to make the payments specified in this section, in default whereof the prisoner will be discharged. Within three days after service of the notice, or six days, if the service is by mail, the plaintiff must pay to the sheriff the sum of twenty-five dollars, for the support of the prisoner for the first twenty days, after his actual confinement in jail, unless in the meantime he is discharged or admitted to the jail liberties. At or before the expiration of each subsequent period of twenty days, during which the prisoner has been so confined, the plaintiff must pay a like sum to the sheriff, for the prisoner's support during the ensuing twenty days. If a payment required by this section is not made, the prisoner must be discharged. The sheriff must apply all the money so paid, to the support of the prisoner, unless he is admitted to the jail liberties or discharged; in 168 which case he must refund to the plaintiff's attorney a ratable portion of the last payment, according to the period of time, during which the prisoner was so confined. (*) [L. 1869, ch. 813, amended so as to remove obscurities of expression, and prescribe intelligibly the mode of proceeding. The effect of the words, "or surrendered", is to abrogate one of the rulings in Cozine v. Walter, 55 N. Y., 304.] PART II. other § 112.* In any county except Kings, if a prisoner, actually con- Id.; in fined in jail, makes oath before the sheriff, jailor, or deputy-jailor, counties. that he is unable to support himself during his imprisonment, his support is a county charge.(*) [L. 1875, ch. 251, §§ 1 and 4. The original also excepts Monroe county; but the statutes, passed prior to that year, appear to contain no provision relating to the support of civil prisoners, in that county, although the support of criminal prisoners is provided for by L. 1858, ch. 271, § 1, and L. 1874, ch. 463.] for food, § 113. A sheriff or other officer shall not charge a person, whom Charges he has arrested, with any sum of money, or demand, or receive from etc., when prohibhim money, or any valuable thing, for any drink, victuals, or other ited. 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, Part 3, ch. 7, tit. 6, § 1 (3 R. S., 5th ed., 724; 2 Edm., 444).] § 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 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, amended so as to make the provision more stringent and explicit. This and the last section are habitually violated with impunity; perhaps, because it is supposed that they are not applicable to process issued under the modern practice. Their re-enactment, in the form in which they stand in this act, will, at least, remove that doubt.] § 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 there[22] 169 Also for waiting for pris oner. Rates of charges for lodg ing, etc. JUSTICE'S MANUAL tofore 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, & pirituous, or fermented liquor, or wine, sold or delivered to the prisoner. [Id., § 3.] Prisoner may send for neces saries. Charges for rent, etc., pro hibited. § 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. [Id., § 4.] § 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. [Id., § 5.] Officer to permit ARTICLE SECOND. JAILS; JAIL DISCIPLINE; AND REGULATIONS CONCERNING THE CONFINEMENT § 132. Subject to reasonable regulations, which the sheriff may access for establish for that purpose, a sheriff, jailor, or other officer, who has service of papers. the custody of a prisoner, must permit such access to him as is ne cessary, for the personal service of a paper in an action or special proceeding, to which the prisoner is a party, and which must be per sonally served. [New.] 170 |