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1. From acting, or having a partner who acts, as an attorney or counsellor therein :

2. From being interested in the costs or fees in an action or proceeding therein, except when they are parties to the action or proceeding, or interested in the subject thereof.

CHAPTER V.

SHERIFFS.

ARTICLE I. Sheriffs, and their duties, in general.

II. Sheriffs' offices, and office hours.

III. Under and deputy sheriffs.

IV. Duties of sheriffs, in the execution and return of process.

V. Proceedings in case of resistance lo the execution of process.
VI. Conduct of the sheriff, to persons arrested on civil process.

VII. County jails; the keeping of prisoners therein; and the protection
thereof.

VIII. Jail liberties; and the admission of prisoners thereto.

IX. Escapes, and the liabilities of sheriff's therefor.

X. Assignment of the jail, and of prisoners and process, to a new sheriff.

XI. Provisions respecting persons committed, under the authority of courts of the United States, to a county jail.

XII. Miscellaneous provisions respecting sheriffs and their officers.

ARTICLE I.

SHERIFFS, AND THEIR DUTIES, IN GENERAL.

SECTION 395. Election of sheriff; his removal, security and compensation. 396. He is the chief executive officer and conservator of the peace of his county.

397. His general duties.

398. Can hold no other office, and is ineligible to a re-election.

399. County not responsible for his acts.

§ 395. There is a sheriff in each of the counties of this state, who is elected by the electors of the county, at a general election, once in every three years, and as often as there is a vacancy. manner of his election and removal, of giving and re

The

newing his official bonds, and of supplying a vacancy in his office, is prescribed by the constitution and by special statutes. His compensation is prescribed by this code, and by the code of criminal procedure.

§ 396. The sheriff is the chief executive officer, and conservator of the peace of his county.

397. In the execution of his office, it is his duty,

1. To arrest and commit to prison, all persons who break the peace or attempt to break it, and all persons guilty of public offences:

2. To defend his county against the public enemies, and against those who, by riot or otherwise, endanger the public peace or safety:

3. To execute the process and orders of the courts of justice or of judicial officers, when delivered to him for that purpose, according to the provisions of this code, or of the code of criminal procedure :

4. To execute all warrants delivered to him for that purpose, by other public officers, according to the provisions of special statutes:

5. To attend the term of a court within his county, (except a justice's court or the marine court of the city of New-York,) when required by the court, and to obey its lawful orders and directions:

6. To exercise the powers and perform the duties conferred and imposed upon him by the constitution, and by other statutes:

7. In the execution of these powers and duties, to <command the aid of as many male inhabitants of his county, as he may think proper, and any military company or companies, armed and equipped.

398. A sheriff can hold no other office, and is ineligible for the next three years after the termination of his office.

§ 399. The county is not responsible for the acts of the sheriff.

ARTICLE II.

SHERIFFS' OFFICES, AND OFFICE HOURS.

SECTION 400. Place of keeping his office.

401.

Office hours.

402. Service of papers on sheriff, when and where made.

§ 400. The sheriff must keep an office in the place in which the county court house is situated, of which he must file a notice in the office of the county clerk. If there be more than one such place, the notice must state in which of them the office is kept, or it may be kept in each.

§ 401. The sheriff's office must be kept open on the days, and during the hours, mentioned in section 388.

§ 402. Service of a paper upon the sheriff may be made by delivering it to a person belonging to and in the office during office hours, or if no such person be there, by leaving it in the office. If, however, no notice of the place of keeping his office be filed, the ser

vice may be made at the county clerk's office, upon the county clerk or his deputy. The service, in the cases provided in this section, is equivalent to a personal service on the sheriff.

ARTICLE III.

UNDER AND DEPUTY SHERIFFS.

SECTION 403, 404. How appointed.

405. Their duties.

406. Under sheriff, when to act as sheriff.

§ 403. The sheriff, immediately after entering upor his office, must appoint an under sheriff, to hold during his pleasure and must make a similar appointment, as often as a vacancy occurs in the office of under sheiff. He may also appoint as many deputies as he thinks proper; and may grant a special written authority to any other person to do a particular act.

§ 404. The appointment of an under sheriff and of a deputy sheriff, must be in writing, and filed in the of fice of the county clerk. The person appointed must also, before entering upon his office, take and file with the county clerk, the constitutional oath of office.

§ 405, The under sheriff must perform such services relating to the duties of the sheriff, as may be required by that officer. A deputy sheriff must execute all orders or process of a court or judicial officer, delivered to him for that purpose, and may perform every act incidental thereto.

§ 406. During a vacancy in the office of sheriff, the under sheriff must act as sheriff: and his neglect or misconduct in office, is a breach of the official bond of the sheriff by whom he was appointed as well as of the security given by him to the sheriff.

ARTICLE IV.

DUTIES OF OFFICERS, IN THE EXECUTION AND RETURN OF PROCESS.

SECTION 407. When to furnish copy of process.

408. How to execute process.

§ 407. When process of any description is delivered to an officer, to be executed, he must deliver to the person delivering it, if required, on payment of his fee, a written memorandum, signed by him, specifying the names of the parties in the process, the general nature thereof, and the day on which it was received. He must also, upon the request of the party served, without fee, deliver to him a copy thereof.

§ 408. An officer to whom process is delivered, must execute it according to its command, or as required by this code or by special statutes: and must make a written return of the execution thereof. For a failure to do so, he is liable to an action, at the suit of the party aggrieved, for the damages sustained by him, in addition to any other fine or punishment.

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