A CONCISE VIEW OF THE DUTIES AND OFFICES OF COUNTY OFFICERS IN THE STATE OF NEW-YORK. The civil officers in authority in each of the counties in this state, may be enumerated as follows, to wit: THE SHERIFF, JUDGES OF THE COMMON PLEAS, SURROGATE, JUSTICES OF THE PEACE, LOAN-OFFICERS, SUPERVISORS, COUNTY TREASURER, AUCTIONEERS, & INSPECTORS OF COMMODITIES. THE SHERIFF. NATURE OF HIS OFFICE. The Sheriff, as principal conservator of the peace, is both by ●ommon law and special commission, the first man in the county, and to him is the custody thereof committed. He may apprehend and commit to prison all who break or attempt to break the peace; and may bind any one in recognisance to keep it. He is also to defend the county against any of the people's enemies: and, for this purpose, as well as for keeping the peace and pursuing felons, he may command all the people of his county to attend him. 10 Johns. Rep. 85. Impey's Sheriff 41. Laws N. Y. 6 April, 1813. & He is invested with judicial and ministerial authority: that is, he is both a judge and bailiff. in the former capacity, he must act in person, and not by under-sheriff or deputy. His ordinary duties, however, are exercised in his ministerial, capacity, that is, in the service and execution of process to him directed, yet although it be his duty to serve the people's writs, it is said not to be lawful for him to raise a force for the execution of civil process, unless he finds a resistance; and it is certain that he is highly punishable for using any needless violence or outrage. His duties are more extensive than any other officer in the county. It would exceed our purpose and intended limits to explain them at large. We shall, therefore, only take notice of such as we conceive to be connected with the objects before us. us first inquire into the nature of his appointment. APPOINTMENT. Let By the 26th article of the constitution, it is ordained, "that theriffs and coroners be annually appointed; and that no person shall be capable of holding either of the said offices, more than for four years successively, nor the sheriff, of holding any other office at the same time." No person shall be appointed sheriff of any county in this state, nless he be a substantial freeholder in such county; and all commissions to sheriffs, shall be in this form: "The people of the state of New-York, to all to whom these presents shall come, greeting, Know ye, that we have committed to our well beloved A B, our county of with the appurtenances, to keep during the pleasure of the council of appointment. In testimony whereof, we have caused these our letters to be made patent, and the great seal of our state to be hereunto affixed." Law N. Y. 6th April, 1813. Before the sheriff enters upon the duties of his office, he must give a bond with competent sureties, to the people of this state, for the faithful performance of his office, which must be lodged in the clerk's office of the county. Ibid. And as the sheriff is annually to be appointed, the bond musť annually be renewed. OATH. He must also take an oath before the clerk of his county, or in case of his absence or sickness, before two of the judges of the common pleas of his county, of whom the first judge must be one, well and faithfully to serve the people of this state, in D the office of sheriff, and to execute, or cause to be executed, writs and precepts which shall be delivered to him, or come or remain in his hands for that purpose. It may not be improper here to remark, that the act concer ing oaths requires, that every person who shall be appointed any office, civil or military, in the state, shall, before he ente upon the execution of his trust, or office, take and subscribe t oath of office; that being enjoined as an indispensable duty all officers, we have deemed it requisite to embody that act this book. The reader will find it at the end of the first part. HIS STATUTE DUTIES. If the beasts, or goods, or chattels of any person be wron fully taken or detained, the sheriff, by a writ of replevin, or u on complaint, shall cause the same to be replevied and delive ed. And if he makes replevin before the property is tried, 1 forfeits two hundred and fifty dollars, besides being answerab for the trespass. Law Replevin, N. Y: 6 Feb. 1788. In cases of forcible entries and detainers, he must be atten ant on the justices, to go and assist them in the arrest of offen ers. Law N. Y. forcible ent. & Det. 6 Feb. 1788. From premises which are demised he cannot remove goo or chattels in virtue of any execution, without paying the lan lord one year's rent in arrear, and he is authorized to levy a pay to the plaintiff, as well the money so paid for the rent, the execution money. Law N. Y. Distresses, April 5, 1813. He is to cause twenty-four good and lawful men of his bai wick, to come before the court of Oyer and Terminer and ga delivery, as often as the same sets in his county, to inquire f the people, and to do and receive all those things, which on t behalf of the people, shall there be enjoined on them, and al the prisoners then being in the gaol of his county with t minuments concerning them; and likewise so many good a lawful men qualified to serve as petit jurors, as may be direct to try such prisoners; and also to give notice to all justic of the peace, coroners, bailiffs and constables in his county appear before such court with their records, &c. Law N. Oyer & Terminer, April 5, 1813. It is his duty, by the 16th section of the Jury act of 181 to furnish any person applying, with a copy of the panel of t jurors to serve on the trial of issues in any of the courts in t him to annex a panel of the jurors to all process to him directed for the trial of issues, except in cases of special juries, with their places of abode and additions. The sheriff, together with the constables is bound to execute the sentence of special sessions of the peace, in virtue of a warrant under the hands and seals of the justices who hold the same; and the charges of prosecuting, punishing and transporting every offender, shall be defrayed by the county, so as that all the charges for each offender shall not exceed five dollars. Law N. Y. Duties Justices, April 13, 1813. The sheriff is also, by the act of the 20th March, 1801, obliged to make fresh pursuit of all felons. He has the custody of the gaol of his county, and is to receive all prisoners sent to the same. He is to make arrests on all civil and criminal process, deli, vered to him for that purpose, and to conduct therein according to law. It is incumbent on him to summon jurors for the trial of all eivil and criminal issues, to be tried, not only at the Oyer and Terminer, as aforesaid, but also at the Circuit, Common Pleas, and General Sessions of the Peace of his county. CONVICTS TO THE STATE PRISON. It is the duty of the sheriff, on receiving the clerk's certificate of the sentence of court of any convict to the state prison, forthwith to convey such convict to the said prison, and deliver him, together with the said certificate, to the keeper of the said prison; and he must receive from the said keeper a receipt for such delivery of the said convict; and the sheriff shall be allowed for the support and maintenance of such convicts, at and after the rate of one dollar per day for each and every convict so conveyed and delivered by him, together with the other reasonable expences attending the conveyance of such convict or convicts, and shall in addition thereto be entitled to receive for his services in conveying such convict or convicts as aforesaid, at and after the rate of twenty-five cents per mile, to be computed from the place at which such sheriff may have received such convict or convicts; but no other or further charge of milage shall be allowed for conveying two or more convicts as aforesaid, than for the conveyance of one; all of which monies shall be paid to the sheriff performing the said services, out of any money in the treasury, not otherwise appropriated. Law N. Y. State Prison, May 21, 1812. And in conveying such convicts to the state prison, a sheriff has the like power to demand the assistance of any of the peo ple of this state in the premises, as if such sheriff was in his own county. Ibid. The 28th section of the act, entitled, "An act for the payment of certain officers of government, and for other purposes,' passed April 18, 1815, provides, that instead of the allowance to sheriff's, by the act last above referred to, for their services and expences in the transportation of convicts sentenced to imprisonment in the state prison, there be allowed and paid to them respectively for their services and expences, the following sums, to wit: for the conveying a single convict, for each mile from the county jail from which such convict shall have to be conveyed, to the state prison, fifty cents; for conveying two convicts, for each mile as aforesaid, sixty-seven cents; for conveying three convicts, for each mile as aforesaid, sixty-nine cents; for conveying four convicts, for each mile as aforesaid, seventyone cents; and for conveying five convicts, for each mile as aforesaid, seventy-three cents; and for all additional convicts, such reasonable allowance as the comptroller may think just, which said allowances, with one dollar per day for the maintenance of each convict whilst on the way to the state prison, shall be in full of all charges and expences in the premises. HIS FEES ON CERTAIN EXECUTIONS. By the 27th section of the same act, it is also provided, that the sheriff's fees in the several counties in this state for serving an execution, issuing out of any court of common pleas or mayor's court within this state, for or under two hundred and fifty dollars, shall be six cents, for every two dollars and fifty cents, any thing in the act, entitled "an act regulating the fees of the several officers and ministers of justice within this state," passed April 9, 1813, to the contrary notwithstanding. HIS ACCOUNTS WITH THE EXCHEQUER By the 8th section of the act, entiled, "An act relative to the court of exchequer," passed April 10, 1813, it is enacted, that all sheriffs, coroners, and other officers, who shall have received or become liable for any fines, forfeitures, issues or amerciaments, shall annually on the first day of May or October term, render a just and true account on oath to the said court of exchequer, and pay the balance, if any be found due thereon to the state, to the clerk of the said court, which account shall be audited and settled by the said court: And if any sheriff, coroner or other officer, shall not pay such balance within twenty days after the auditing of his account, execution shall issue |