against him for the same; and if a balance be found in favor of any such sheriff, coroner or other officer, he shall be entitled to receive the same out of the treasury of the state, on a certificate under the hand of the judge, and under the seal of the said court. And further, where a fine, imposed on a grand juror, petit juror, or any other officer, for neglecting or refusing to attend a court, shall have been levied by the sheriff, and by him paid to the clerk of the said court, and shall afterwards, on the petition of the defendant, be remitted by the said court, in whole or in part, such defendant shall on a like certificate, be entitled to receive the sum so remitted out of the treasury of this state.

HIS DUTY ON WRITS OF EXECUTION.

The sheriff is to execute in his bailiwick, all legal executions, upon judgments in the courts of record in this state, to him directed, whether against the body, lands, or goods of a defendant.

By the act concerning judgments and executions, passed April 2, 1813, it is enacted, that a debtor's lands shall be bound, from the time judgment in any court of record, is docketed and filed against him, and that his goods and chattels shall be held, from the time of the delivery of the execution thereupon to the sheriff. Therefore it is made the duty of the sheriff, upon the receipt of any such execution, to endorse upon the back thereof, the day of the month and year when he received the same.

The sheriff cannot sell any real property by an execution on a judgment docketed in any court of record, before the 2d April, 1813, after ten years shall have expired from the 9th day of April, 1811, nor upon any judgment entered after the said 2d day of April; 1813, when and after ten years from the docketing and filing the same, shall have expired.

It is his duty to sell the personal property of a defendant, in virtue of any fieri facias to him delivered, before he disposes of the realty. The under sheriff, in case of the sheriff's death, is authorised to execute any writ of execution.

Where the lands of several are bound by a judgment, and one pays more than his part, the sheriff, when commanded, must inquire of the value of all the lands bound by such judgment, and return his inquisition thereupon; upon which the justices of the supreme court will cause the debt due by such judgment to be proportioned according to equity and justice, and to be levied accordingly.

ON SALE OF LANDS BY EXECUTION.

By the said statute, last above quoted, no lands or tenements

shall be sold by virtue of any execution, unless such sale be at public vendue, between the hours of nine in the morning, and the setting of the sun of the same day, nor unless such sale has been publicly advertised for six weeks, by a notice in three of the most public places in the town where such lands shall be sold, and by a similar notice in a newspaper, if any, of such county. And if such lands be unoccupied, and lie in the Eastern or Western districts of this state, then such notice must be published for such time by the state printer at Albany. In all which notices, such lands must be described with common certainty such as the number of the lot, the name of the township, and where situated. And if any sheriff shall sell any lands or tcnements by virtue of any such execution, otherwise than in minner aforesaid, or without such previous notice, or if any person shall take down or deface any such notice, previous to the day of sale thereon specified, unless upon satisfaction of the judgment on which such execution issued, or with consent of the plaintiff therein, the sheriff so offending, shall for every such offence, forfeit and pay the sum of one thousand two hundred and fifty dollars; and every person so offending, by taking down or defacing such notice, shall forfeit and pay thirty-seven dollars and fifty cents, to be respectively recovered with costs of suit, by any person who will sue for the same; which sum or sums when recovered, shall be for the use of the person so prosecuting for the same. Provided however, That no such offence shall be deemed to effect the validity of any such sale.

ON SALE OF GOODS BY EXECUTION.

The said statute last aforesaid provides, that no goods or chattels shall be sold by virtue of any execution, unless upon six successive days previous notice being given, in three of the most public places of the town where such sale is to be, specifying the time and place when and where such goods and chattles are to be sold; and any person who shall take down or deface any such notice, shall be liable to the same penalty, as for taking down or defacing such notice of sale of lands as above mentioned.

EXEMPTION FROM EXECUTION.

All sheep to the number of ten, together with their fleeces, and the cloth manufactured from the same, one cow, two swine, and the pork of the same, all necessary wearing apparel and bedding, necessary cooking utensils, one table, six chairs, six knives and forks, six plates, and six cups and saucers, owned by

any person being a householder, shall be exempted from execu tion and distress for rent, any law to the contrary notwithstanding. Law N. Y. April 18, 1815.

It is not lawful for the sheriff to purchase any real or personal property on any sale by virtue of any execution, and any such purchase is by law declared to be void.

DUTY ON COUNTY TREASURER'S WARRANT.

Every sheriff to whom any warrant is directed against any "delinquent collector, must immediately execute the same, and make return thereof to the county treasurer, within the time limited, and pay him the money levied by virtue thereof, after deducting five cents upon every dollar of the sum levied, for his fees, and no more. And if the whole sum is not levied, hé must endorse on the warrant the amount so levied, exclusive of his fees, and that such collector has not more lands or tenements, goods or chattels in his county, whereon he could cause the residue of the money therein mentioned to be levied or made. And if he cannot find any goods or chattles, lands or tenements of such collector, whereof he can cause any part of the sum mentioned in such warrant to be made or levied, be • must make return thereof accordingly. In case any sheriff is negligent in the premises, he becomes liable to the people of this state in an action for money, had and received to their use, and for the whole sum directed to be levied by such warrant, together with costs of suit. Law N. Y. Assessment and Collection of Taxes, April 5, 1613.

WHEN TO DELIVER A COPY OF HIS FEE BILL.

It is enacted by the 9th section of the act concerning counsellors, attorneys and solicitors, that no attorney, solicitor, sheriff, or coroner, shall commence any action for the recovery of any fees or charges, until eight days after he shall have delivered to the party to be charged therewith, or left for him at his dwelling house or place of abode, a bill of such fees and charges, written in a common legible hand, in the English tongue, except law terms and names of writs, and in words at length, except times and sums and such abbreviations as are commonly used

By an act passed 17 April, 1816, no spinning-wheels, weavinglooms or stoves, placed or put up for use, and kept for use in any dwelting house, shall be levied upon, taken or sold by virtue of any execution, nor distrained for rent.

in the English language, subscribed with the proper hand writing of such attorney, solicitor, sheriff or coroner.

For a more particular detail of the sheriff's statute duties, we refer the reader to the act, entitled "an act concerning sheriffs and their duty, in respect to process, arrests and keeping of prisoners," passed April 6, 1813.

POINTS ADJUDGED IN THE SUPREME COURT OF JUDICATURE OF THIS STATE.

SHERIFF.

EXECUTION.

After the return day is past, the sheriff cannot levy on goods by a fi. fa. 2 Caine's Reports. 245.

If the sheriff levy a fi. fa. after the return day, by the direction of the plaintiff's attorney, both he and the attorney are trespassers. 4 Johns. Reports, 450.

A sheriff cannot with his own money pay the plaintiff on an execution, and afterwards levy the execution out of the property of the defendant; nor can he take a bond or other security, and afterwards enforce payment by the execution of the money advanced. 7 Johns. Rep. 426.

A sheriff who levies a fi. fa. is not bound to leave goods on the premises sufficient for the payment of the rent in arrear, without notice for that purpose from the landlord. 11 Johns. Rep. 185.

DEED.

A sheriff's deed is considered conditional until the consideration be paid. 2 Johns. Rep. 248.

GAOL LIBERTIES.

Where a prisoner in execution, on gaol liberties, went beyond the limits knowingly and voluntarily, on pretence of avoiding a bank of snow which obstructed his usual walk, it was held to be an escape for which the sheriff was liable. 5 Johns. Rep. 89.

The sheriff is entitled to recover against the sureties on the bond for the gaol liberties, not only the amount of the debt and

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costs in the original suit, but also the costs of defending the suit against him for the escape. 7 Johns. Rep. 168.

The bond for the liberties of the gaol may be taken in double the amount of the execution, together with the sheriff's poundage fees. 8 Johns. Rep. 111.

The bond is merely for the sheriff's indemnity: he may wave it and grant the liberties without taking security. 6 Johns. Rep.

121.

If a prisoner admitted to the liberties without giving security, goes beyond the limits, but returns before suit brought, the sheriff is not liable for an escape. 5 Johns. Rep. 89.

The liberties having been appointed, it is the duty of the sheriff to take the bond; but it is not his duty, but the duty of the prisoner, to ascertain the lines, and to observe them. 7 Johns. Rep. 168.

DEPUTY SHERIFF.

An action lies against the sheriff for the act of his deputy in taking more fees on an execution than are allowed by law. 7 Johns. Rep. 35.

A sheriff is not liable on an execution delivered to his deputy. 9 Johns. Rep. 96.

An under sheriff may depute a person to serve a writ, or do a particular act. 5 Johns. Rep. 137.

On the renewal of the sheriff's commission, no new appointment or bond of the under sheriff is necessary, and the former bond stands as security against subsequent breaches. 5 Johns. Rep. 137.

OLD AND NEW SHERIFF.

The old sheriff cannot return a writ executed by him, after he is out of office. 7 Johns. Rep. 137.

The old sheriff should deliver the writ to his successor, who ought to return it into court, with the former sheriff's return thereon. Ibid.

And if the new sheriff, before the return day of the writ, let the defendant to bail, he should add to the former sheriff's return, stating the fact. Ibid.

If a writ, delivered to the old sheriff, is not specified in the indenture of assignment, the new sheriff is not bound to take or detain the defendant thereon. Ibid.

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