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TITLE 2. scribed in the constitution.

Custody of jails.

Fees for set

vices for the

state.

Removal for

non-payment of monies.

One of the
Coroners

designated.

124, Chap. 6,

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But this section shall not extend to any person who may be deputed by any sheriff or under-sheriff, to do a particular act only.42

$75. The sheriff of the city and county of New-York, shall have the custody of the jail in that city used for the confinement of persons committed on civil process only, and of the prisoners in the same; and the sheriff of every other city and county of this state, shall have the custody of the jails and of the prisons thereof, and the prisoners in the same. And the sheriffs respectively, may appoint keepers of such jails and prisons, for whose acts they shall severally be responsible. 43

$76. Whenever a sheriff shall be required by any statutory provision, to perform any service in behalf of the people of this state, and for their benefit, which shall not be made chargeable by law to his county, or to some officer or other person, his account for such servi ces shall be audited by the comptroller, and be paid out of the treasury.

$77. Whenever the sheriff of any county, shall be committed to the custody of any other sheriff, or to the custody of any coroner or coroners, by virtue of any execution or attachment founded on the non-payment of monies received by him by virtue of his office, and shall remain so committed for the space of thirty days successively, such facts shall be represented to the governor by the officer in whose custody such sheriff may be, to the end that such sheriff may be removed from office.

$78. Whenever a vacancy shall occur in the office of sheriff of when to be any county, and there shall be no under-sheriff of such county then in office, or the office of such under-sheriff shall become vacant, or he [See ante, p. become incapable of executing the same, before another sheriff of Title 6, $49 the same county shall be elected or appointed, and qualified, and there shall be more than one coroner of such county then in office, it shall be the duty of the first judge of the county, forthwith to designate one of such coroners to execute the office of sheriff of the same county, until a sheriff thereof shall be elected or appointed, and qualified. Such designation shall be by instrument in writing, and shall be signed by the judge, and filed in the office of the clerk of the county, who shall immediately give notice thereof to the coroner.

His duty and powers.

$79. The coroner so designated, within six days after receiving such notice, shall execute, with sureties, a joint and several bond to the people of this state, which shall be in the same amount, and with the same number of sureties, and be approved of in the same man

(42) 1 R. L. 420, § 5; Laws of 1827, p. 218, § 4. (43) 1 R. L. 422, § 7.

ner, and be subject in all respects to the same regulations, as the security required by law from the sheriff of such county. And after the execution of such bond, the coroner so designated shall execute the office of sheriff of the same county, until a sheriff shall be duly elected or appointed, and qualified.

ART. 5.

or other de

tous to

be made.

$80. If the coroner so designated shall not, within the time above When second specified, give such security as is above required, it shall be the duty of the first judge to designate, in like manner, another coroner of the county, to assume the office of sheriff; and in case it shall be necessary so to do, the first judge shall proceed to make successive designations, until all the coroners of the county shall have been designated to assume such office. And all the provisions contained in the two last sections, shall apply to every such designation, and to the coroner named therein.

one coroner,

powers.

$81. Whenever any such vacancies shall occur in the offices both Where but of sheriff and under-sheriff of any county, if there shall be but one his duty and coroner of such county then in office, such coroner shall be entitled to execute the office of sheriff of the same county, until a sheriff shall be duly elected or appointed, and qualified; but before he enters on the duties of such office, and within ten days after the happening of the vacancy in the office of the under-sheriff, he shall execute, with sureties, a joint and several bond to the people of this state, in the same amount, and with the same number of sureties, as may be required by law from the sheriff of such county; and such bond shall be subject in all respects, to the same regulations as the security required from the sheriff.

judge to ap

$82. If such coroner solely in office on the happening of such va- When first cancies, shall neglect or refuse to execute such bond within the time point. above specified; or if all the coroners, where there are more than one in office on the happening of such vacancies, shall successively neglect or refuse to execute such bond within the time required, it shall be the duty of the first judge of the county, in which such vacancies shall exist, to appoint some suitable person to execute the office of sheriff of the same county, until a sheriff shall be duly elected or appointed, and qualified.

$83. Such appointment shall be in writing, under the hand and 16. seal of the first judge, and shall be filed in the office of the county clerk, who shall forthwith give notice thereof to the person so appointed.

power of

per

$84. The person so appointed, shall, within six days after receiv- Duty and ing notice of his appointment, and before he enters on the duties of on appoint the office, give such security as may be required by law of the sheriffed. of such county, and subject to the same regulations; and after such security shall have been duly given, such person shall execute the of

TITLE 2. fice of sheriff of the county, until a sheriff shall be duly elected or appointed, and qualified.

Coroners to

$85. Until some coroner designated, or some person appointed by act until, &c. the first judge, shall have executed the security above prescribed; or

General pro

vision.

until a sheriff of the county shall have been duly elected or appointed, and qualified, the coroner or coroners of the county in which such vacancies shall exist, shall execute the office of sheriff of the same county.44

$86. Whenever any under-sheriff, coroner, coroners, or other person, shall execute the office of sheriff, pursuant to either of the eight last sections, the person so executing such office, shall be subject to all the duties, liabilities and penalties imposed by law upon a sheriff duly elected and qualified.

ARTICLE SIXTH.

Of Surrogates.

Bond.

Penalty.

Sufficiency of

sureties.

SEC. 87. Surrogates to give bond; penalty thereof.

88. Clerk of county to judge of sufficiency of sureties.

$87. Every person, hereafter appointed to the office of surrogate of any county, shall, within twenty days after receiving notice of such appointment, execute to the people of this state, with two or more sureties, being freeholders, a joint and several bond, conditioned for the faithful performance of his duty, and for the application and payment of all monies and effects that may come into the hands of such surrogate in the execution of his office. The bond of the surrogate of the city and county of New-York, shall be in the penal sum of ten thousand dollars; of every other surrogate in the sum of five thousand

dollars.45

$ 88. The clerk of the county for which such surrogate shall have been appointed, shall be the judge of the sufficiency of the sureties; and in case he shall be satisfied by the oath of the sureties, or otherwise, that they are good and sufficient, he shall endorse on the bond, a certificate of his approval, and file such bond in his office, there to remain a matter of record.45

ARTICLE SEVENTH.

Of District Attornies.

SEC. 89. To conduct prosecutions at oyer and terminer and general sessions.

90. When he fails to attend, court to appoint some person to act for him ; pay of such

person.

91. To prosecute for penalties and forfeitures exceeding 50 dollars.

92. To give receipts for monies received for fines, &c.

93. Annually to file an account of, and pay over monies received by him.

94. When not so accounted for and paid, suit to be instituted.

95. Pay of district attornies.

(44) 1 R. L. 420, § 5; Laws of 1827, p. 218, § 4. (45) Laws of 1820, p. 65, § 2 and 5.

ART. 7.

General du

$ 89. It shall be the duty of every district attorney to attend the courts of oyer and terminer and jail delivery, and general sessions, to be held from time to time, in the county for which he shall have been ties. appointed; and to conduct all prosecutions for crimes and offences cognizable in such courts.46

when to be

$ 90. When any district attorney shall fail to attend any of the Substitute courts above specified, it shall be the duty of such court to appoint appointed. some proper person, being an attorney or counsellor at law, to transact the business of the district attorney during the sitting of the court; and the person so appointed shall be entitled to the same compensation for the services he shall perform, that the district attorney would have been entitled to, for the like services, and his account shall be audited and paid in the same manner.47

forfeitures.

$91. It shall be the duty of the several district attornies to prose- Penalties and cute for all penalties and forfeitures, exceeding fifty dollars, which may be incurred in their respective counties, and for which no other officer is by law, specially directed to prosecute."

48

cate receipts.

$92. It shall be the duty of every district attorney, whenever he b. Duplishall receive any monies for fines, recognizances, forfeitures or penalties, to deliver to the officer or person paying the same, duplicate receipts, one of which shall be filed by such officer or person, in the of fice of the county treasurer.48

count.

$93. Every district attorney shall, on or before the first Tuesday Annual ac-of October in each year, file in the office of the county treasurer, an account in writing, verified by the oath of such district attorney, of all monies received by him by virtue of his office, during the preceding year; and shall at the same time pay over such monies to the county treasurer. 48

he neglect to

account.

$94. Whenever any district attorney shall refuse or neglect, to To be sued if account for and pay over, the monies so received by him, as required by the last section, it shall be the duty of the county treasurer to cause a suit to be instituted for the recovery of such monies, for the benefit of the county, against such district attorney.4

48

tion.

$95. The district attorney of the city and county of New-York Compensa shall receive for his services an annual salary, not less than two thousand five hundred dollars, and not exceeding three thousand five hundred dollars, to be fixed and paid by the common council of that city; and the district attornies of all the other counties in the state, shall be paid for their services in conducting criminal prosecutions, by their respective counties, upon their accounts duly taxed by some officer authorised to tax bills of costs in the supreme court, according to the rates allowed by law.49

(46) 1R. L. 414, § 1. (47) Laws of 1824, p. 314, § 1. (48) Laws of 1818, p. 307, §7; 1820, p. 193, § 1, 2 and 3. (49) 1818, p. 307, § 6; 1821, p. 91.

TITLE 3.

TITLE III.

May sue and be sued.

In what

lame.

Process how to be served.

Witnesses

and jurors.

Suits before justices.

Costs, &c.

how paid.

OF LEGAL PROCEEDINGS IN FAVOR OF, AND AGAINST COUNTIES. SEC. 1. Controversies with counties, to be conducted like those of same nature between individuals and corporations.

2. Counties to sue and be sued in name of board of supervisors, except where county of ficers authorised to sue.

3. In proceedings against supervisors, process to be served on chairman or clerk. 4. Where county is interested in trial, inhabitants competent witnesses and jurors. 5. County may sue before justice, when individual can.

6. In suits by or against counties, costs recoverable as between individuals. Judg. ments against a county or county officer, a county charge.

$1. Whenever any controversy or cause of action, shall exist between any of the counties of this state, or between any such county and an individual or individuals, such proceedings shall be had, either at law or in equity, for the purpose of trying and finally settling such controversy, and the same shall be conducted in like manner, and the judgment or decree therein shall have the like effect, as in other suits or proceedings of a similar kind between individuals and corporations.

where

§ 2. In all such suits and proceedings, the county shall sue or be sued in the name of the board of supervisors thereof; except county officers shall be authorised by law to sue in their name of office, for the benefit of the county.

$ 3. In all legal proceedings against the board of supervisors, the first process, and all other proceedings requiring to be served, shall be served on the chairman or clerk of the board of supervisors; and whenever any such suit or proceeding shall be commenced, it shall be the duty of such chairman or clerk, to lay before the board of su pervisors, at their next meeting, a full statement of such suit or proceeding, for their direction in regard to the defence thereof.

$ 4. On the trial of every action in which a county shall be interested, the electors and inhabitants of such county shall be competent witnesses and jurors.

§ 5. Any action in favor of a county, which, if brought by an individual, could be prosecuted before a justice of the peace, may be prosecuted by such county, in like manner before any such justice.

$6. In all suits and proceedings prosecuted by or against counties, or by or against county officers, in their name of office, costs shall Judgments be recoverable as in the like cases between individuals. Judgments recovered against counties, or against county officers, in actions prosecuted by or against them in their name of office, shall be county charges, and when levied and collected, shall be paid to the person whom the same shall have been adjudged.

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