of the terms or sittings of the courts of which he is clerk. Each person so appointed must, before he enters upon the duties of his office, subscribe and file in the clerk's office, the constitutional oath of office; and he possesses the same power and authority as the clerk, at any sitting or term of the court which he attends, with respect to the business transacted thereat.

L. 1851, ch. 211 (3 Edm. 335), and L. 1871, ch. 710, 1 and 2 (9 Edm. 133), am'd.

$90. [Added, 1877.] Clerk in New-York, or Kings, not to be referee, etc.- No person holding the office of clerk, deputy-clerk, special deputy-cierk, or assistant in the clerk's office, of a court of record or of the surrogate's court, within either of the counties of New-York or Kings, shall hereafter be appointed, by any court or judge, a referee, receiver or commissioner, except by the written consent of all the parties to the action or special proceeding, other than parties in default for failure to appear or to plead.

L. 1876, ch. 205.

§ 91. [Amended, 1883.] The county judge of each county, except Kings, from time to time, may appoint, and at pleasure remove, a crier for the courts of record held in his county, who is entitled to a compensation fixed and to be paid as prescribed by law.

L. 1866, ch. 588 (6 Edm. 786), am'd.

§ 92. When sheriff, constable, etc., to act as crier. -A sheriff, deputy sheriff, or constable, attending a term of a court of record, must, when required by the court, act as crier therein; and he is not entitled to any additional compensation for that service.

L. 1847, ch. 470, part of 42 (4 Edm. 589), am'd.

93. [Amended, 1891.] Attendants upon courts in New-York city. The judges or a majority of them of each of the following named courts, to wit: The supreme court within the first judicial district, the court of common pleas for the city and county of New-York, and the superior court of the city of New-York, from time to time, may appoint and at pleasure remove such attendants upon the court of which they are respectively members, including, where the justices of the supreme court make the appointment, the circuit court, and the court of oyer and terminer, as they think necessary for the due transaction of the business thereof, not exceeding five attendants for each part and four for the general term. The justices of the supreme court within the first judicial district may, upon the request of any justice, desig nate one of the said court attendants to also act as clerk o

such justice for such time as they may designate, and the attendant so designated shall receive but one salary for his services as both attendant and justice's clerk, to be fixed by the board of estimate and apportionment of the city of New-York. The justices of the supreme court for the first judicial district or a majority thereof may appoint, and at their pleasure remove, an official interpreter of the said court, who shall be entitled to receive a salary of two thousand five hundred dollars per annum, and to be paid as prescribed by law. Before entering upon his official duties, he must subscribe and file in the office of the clerk of the city and county of New-York the constitutional oath of office. He must attend any court or before any justice where his services are required, and the justices of the court, or a majority of them, may, by order, regulate his attendance.

$94. [Amended, 1877.] Interpreter for Kings county.The board of supervisors of the county of Kings may appoint an interpreter, 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 his office during good behavior.

L. 1864, ch. 501, 1, as amended by L. 1869, ch. 249, ?, am'd. See post, 2 360.

95. Attendants and messengers, how appointed in Kings county.-The following judges, to wit: the justices of the supreme court for the second judicial district, residing in Kings county, or a majority of them; the judges of the city court of Brooklyn, or a majority of them; the county judge of Kings county; and the surrogate of Kings county; may designate how many attendants and messengers, for the appointment of whom no provision is otherwise made by law, are required to attend upon the terms and sittings of the courts of which they are respectively members; including, where the justices of the supreme court make the designation, the circuit court and court of oyer and terminer. Notice of each designation must be given to the sheriff of Kings county, by the clerk of the court. The sheriff must thereupon appoint as many qualified persons, to fill those offices for each court, as the judges thereof have designated. The number of those officers may, from time to time, be increased or diminished, and new appointments may be made, in like manner. person so appointed may be removed from office, by the judge of the court to which he is assigned; or, if he is assigned to the supreme court, or the city court of Brooklyn, by a majority of the judges: and the sherif

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shall not re-appoint, for the same court, a person so removed.

L. 1873, ch. 165, § 1, am'd.

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. 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 a special term of the supreme court, or a term of the circuit court, county court, court of oyer and terminer, or court of sessions, notify, in writing and personally, as many constables 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.

2 R. S. 289, 83 (3 R. S., 5th ed., 479; 2 Edm. 300), am'd.

$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.

Id., 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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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 reagon 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. S. 441, 80 (2 Edm. 459; 3 R. S., 5th ed., 740). Coyles. Hurtin, 10 Johns. 85.

§ 105. Names of resisters to be certified. The sheriff 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 scertain the same, to the end that they may be punIshed for their contempt of the court.

106. Punishment for refusing to assist.-A percommanded by a sheriff to assist him, as pred in the last section but one, who, without lawful aise, refuses, or neglects to obey the command, is guilty of a misdemeanor.

§ 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 ounties, as is necessary.

§ 108. 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 liscretion, empanel a jury to try the validity of a claim title to, or of the right of possession of goods or ects, seized by him by virtue of a mandate in an ion, interposed by a person not a party to the action, trial must be conducted in the following manner, pt as otherwise specially prescribed by law:

1. The sheriff must, from time to time, notify as many persons to attend, as it is necessary, in order to form a jury of twelve persons, qualified to serve as trial jurors in the county court of the county, or, in the city and county of New-York, in the court of common pleas for that city and county, to try the validity of the claim.

2. Upon the trial, witnesses may be examined, it behalf of the claimant, and of the party, at whose instance the property claimed was taken by the sheriff. For the purpose of compelling a witness to attend and testify, the sheriff, upon the application of either party to the inquisition, must issue a subpoena, as prescribed in section 854 of this act, and with like effect; except that a warrant to apprehend or to commit a witness, in a case specified in section 855 or in section 856 of this act, may be issued by a judge of the court in which the action is brought, or by the county judge, or, in the city and county of New-York, by a judge of the court of common pleas for that city and county.

3. [Amended, 1879.] The sheriff or under-sheriff must preside upon the trial. A witness, produced by either party, must be sworn by the presiding officer, and examined orally in the presence of the jury. A witness who testifies falsely upon such an examination, is guilty of perjury in a like case, and is punishable in like manner, as upon the trial of a civil action. Predicated on 2 R. S. 4, 22 10-12, and Co. Proc., 216. See post, 1181. Samuels v. Bryant, 14 Abb. N. S. 442; King v. Orser, 4 Duer, 431: Crock. on Sheriffs, 438; Lummis v. Kasson, 43 Barb. 373; Rogers v. Weir, 34 N. Y. 463 Bayley v. Bates, 8 Johns. 185; Townsend v. Phillips, 10 id. 98; Chamberlain v. Beller, 18 N. Y. 115; Hall v. Stryker, 27 id. 603.

$109. Expenses, how paid. - Upon such a trial there are no costs: but the fees of the sheriff, jurors, and witnesses must be taxed, by a judge of the court, or the county judge of the county, or, in the city and county of New-York, by a judge of the court of common pleas for that city and county, and must be paid as follows:

1. If the jury, by their verdict, find the title, or the right of possession to the property claimed, to be in the claimant; by the party at whose instance the property was taken by the sheriff.

2. If they find adversely to the claimant, with respect to all the property claimed; by the claimant.

3. If they find the title, or the right of possession to