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1. In the city of New-York, from nine in the forenoon to four o'clock in the afternoon :

2. In every other part of the state, from eight to twelve in the forenoon, and from one to five o'clock in the afternoon.

ARTICLE IV.

DEPUTY CLERKS.

SECTION 389. What clerks to have deputies, and manner and filing of appointment. 390. Duties of deputy clerk.

391. In what cases to perform the duties of clerk.

§ 389. The clerk of the court of appeals, the county clerks, and the clerks of the city courts and of the superior court and courts of common pleas and sessions of the city of New-York, must each have a deputy, appointed by him in writing, and to continue during his pleasure. The appointment must be filed in the office of the clerk by whom it is made.

§ 390. The deputy clerk must attend at the office of the clerk during the office hours prescribed in section 388, and must perform such services relating to the du ties of the clerk, as may be required by that officer.

§ 391. When the office of the clerk is vacant, or, by reason of his absence from the office or other disability, he is unable to perform his duties, they may be performed by the deputy.

ARTICLE V.

REMOVAL OF PAPERS FROM ONE CLERK'S OFFICE OF THE SUPREME

COURT TO ANOTHER.

SECTION 392. When and how ordered.

§ 392. The supreme court may, for good cause, on motion, direct the removal from one clerk's office to another, of records or other papers relating to an action or proceeding therein.

ARTICLE VI.

MISCELLANEOUS PROVISIONS, RESPECTING THE CLERKS AND DEPUTY CLERKS OF THE COURTS OF JUSTICE.

SECTION 393. Statistics of business of court, how kept and filed. Transmission of same to attorney general.

394. Disabilities of clerks and deputy clerks.

§ 393. The clerk of each of the courts mentioned in section 389, must within one week after the close of a term or circuit, prepare duplicate reports of the business in his court, by filing the blanks transmitted to him by the attorney general, pursuant to notice, one of which duplicates must be filed and preserved in his office, and the other he must immediately transmit to the attorney general. For his services under this section, the clerk is entitled to the same fees as for certified copies of papers; and the expense thereof is a county charge.

§394. The clerk of each of the courts mentioned in section 389, and his deputy, are prohibited during their continuance in office,

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 sheriffs 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 sheriff's 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.

402.

Office hours.

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

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