$ 90. [Am'd 1877.] No person holding the office of clerk, deputy clerk, special deputy clerk, 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. $ 1079 Consol. Act. 4 Month. L. 3 Dem. 362. sol. Act. § 91. [Am'd 1883.] The county judge of each county, except Kings, from time to time, may appoint, and at pleas- 81116, Con. ure 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. § 92. 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. § 93. [Am'd 1884, 1889, 1890, 1891, 1892.] The judges, or a majority of them, of each of the following named courts §§ 1113,1153, to wit: The supreme court within the first judicial district, Consol. Act. the superior conrt of the city of New York and the court of common pleas for the city and county 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 deem necessary for the due transaction of the business thereof, not exceeding five attendants for each part and four for the general term. The judges of said courts respectively, may, upon the request of any judge, designate one of the said court attendants to also act as clerk and secretary of such judge, for such time as they may designate, and the attendant so designated shall receive but one salary for his services as both attendant and judge's secretary, 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 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 [ Am'd 1877.] 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 whi h issues of fact are triable; who shall hold his office during good behavior. § 95. 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 Kiugs county; and the surrogate of Kings county; may designate how many attendants and messenger, 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 these 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. A 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 sheriff shall not re-appoint, for the same court, a person so removed. § 96. 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. 97. The sheriff of each county, except New York and Kings, must, within a reasonable time before the sittin", 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 bis county, as he has been directed to $ 98. If such a direction has not been given by the court § 99. Each constable seasonably notified, as prescribed in the .ast two sections, must attend the term accordingly; and for each day's neglect, he may be fined by the court, at POWERS, DUTIES AND LIABILITIES OF A SHERIFF, TITLE I.-PROVISIONS RELATING TO THE EXECUTION OF CIVIL MANDATES GENERALLY. TITLE II.-PROVISIONS RELATING TO THE EXECUTION, BY A SHERIFF, OF A MANDATE AGAINST THE PERSON. TITLE III.-APPLICATION OF THE FOREGOING PROVISIONS TO TITLE IV.-POWERS, DUTIES, AND LIABILITIES OF AN INCOM- ING AND OUTGOING SHERIFF, RESPECTIVELY, § 100. Sheriff to furnish certain 101. Copy of process, etc., to be § 100. A sheriff, to whom a mandate of any description, is delivered to be executed, must, without compensation, give to the person delivering the same, if required, a minute in writing, signed by the sheriff, specifying the names of the parties, the general nature of the mandate, and the day and hour of receiving the same. § 101. [Am'd 1877.] A sheriff or other officer, serving a mandate, must, upon the request of the person served, deliver to him a copy thereof; without compensation. § 102. [Am'd 1877.] A sheriff, or other officer, to whom a mandate is directed and delivered, must execute the same according to the command thereof, and make 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 sa ne in the post-office, properly enclosed in a post-paid 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. § 103. [Am'd 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. § 104. If a sheriff, to whom a mandate is directed and delivered, finds, or has reason 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 mil itary 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. § 105. 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 ascertain the same, to the end that they may be punished for their contempt of the court. $106. A person, commanded by a sheriff to assist him, as prescribed in the last section but one, who, without lawful cause, refuses, or neglects to obey the command, is guilty of a misdemeanor. § 107. 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 counties, as is necessary. § 108. [Am'd 1879.] Where it is especially prescribed by law, that a sheriff must, or may, in his discretion, empanel a jury to try the validity of a claim or title to, or of the right of possession of goods or effects, seized by him by virtue of a mandate in an action, interposed by a person not a party to the action, the trial must be conducted in the following manner, except as otherwise specially provided 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, in 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 eight hundred and fifty-four of this act, and with like effect; except that a warrant to apprehend or to commit a witness, in a case specified in section eight hundred and fifty-five or section eight hundred and fiftysix 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. 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. $109. 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 only a part of the property claimed, to be in the claimant; each party must pay his own witnesses' fees; and the sheriff's and jurors' fees must be paid, one-half by each party to the inquisition. Before notifying the jurors, the sheriff may, in his discretion, require each of the parties to the controversy to deposit with him such reasonable sum, as may be necessary to cover his legal fees, and the jurors' fees. The sheriff must return to |