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ARTICLE XII.

MISCELLANEOUS PROVISIONS RESPECTING SHERIFFS AND THEIR

OFFICERS.

SECTION 470. Directions of party or attorney, not to excuse sheriff, unless in

writing.

471. When sheriff committed for not paying over money, the fact to be

reported to the governor.

472. Compensation to sheriff for services to the state.

473. Sheriff, how to summon jury of inquest.

474. Sheriff, justified by process regular on its face.
475. Officer executing warrant, &c., bound to show it.
476. Disabilities of sheriff and his officers.

§ 470. No direction or authority, by a party or his attorney, to a sheriff, or to an under or deputy sheriff or jailer, in respect to the execution of process or the return thereof, or to any act or omission relating thereto, is available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it be contained in a writing signed by the party to be charged or affected thereby, or his attorney.

§ 471. When the sheriff is committed to the custody of another sheriff or of a coroner, under an execution or commitment for not paying over money received by him by virtue of his office, and remains committed for thirty days, the fact must be reported by the officer in whose custody he is, to the governor.

§ 472. When the sheriff or other officer is legally required to perform a service in behalf of the people of this state, which is not chargeable to his county, or to some other person, his account therefor must be audited by the comptroller, and paid out of the state treasury.

§ 473. When a sheriff is authorised to summon a jury of inquest, or when, in any special proceeding, a jury is authorised, and express provision for drawing it is not made by a particular provision of this code, the jury may be drawn from any justice's jury-box, in the presence of the justice, by drawing the names of eighteen jurors, summoning them, and at the time of appearance, drawing or selecting from those who appear, the number sufficient to complete the jury.

§ 474. A sheriff, or other ministerial officer, is justified in the execution of process, regular on its face, and appearing to have been issued by competent authority, whatever may be the defect in the proceedings upon which it was issued.

§ 475. The officer executing a warrant, order or process of any kind, is then, and at all times subsequent, so long as he retains it, bound to show the same, with all papers attached, to any person interested therein.

§ 476. A sheriff, under or deputy sheriff or jailer, is prohibited during his continuance in office,

1. From acting, or having a partner who acts, as an attorney or counsellor:

2. From being interested in the costs or fees in an action or special proceeding, except where he is a party thereto or interested in the subject thereof.

CHAPTER VI.

CORONERS.

ARTICLE I. Coroners and their duties, in general.
II. Their duties, when the sheriff is a party.

ARTICLE I.

CORONERS AND THEIR DUTIES, IN GENERAL.

SECTION 477. Election or appointment of coroners, their tenure of office, security and compensation.

478. Their general duties.

479. When duty of sheriff devolves on coroner, his powers and duties in

respect thereto.

480. When coroner in New-York, unable to act, certain officers to perform his duties in respect to inquests.

481. Compensation of coroners.

§ 477. There is one coroner in the city and county of New-York, and four in every other county of this state, who are elected by the electors of the county, at a general election, once in every three years, and as often as there is a vacancy. The manner of their election. and removal, of giving and renewing their official bonds, and of supplying a vacancy in their office, is prescribed by the constitution and by special statutes. Their compensation is prescribed by this code.

§ 478. A coroner has power, and it is his duty,

1. When he is informed that a person has been killed or dangerously wounded by another, or has suddenly died, under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by criminal means, or has committed sui

cide, to inquire by the intervention of a jury, into the cause of the death or wound, and to perform the other duties incidental thereto, in the manner prescribed by the code of criminal procedure:

2. To execute civil process in an action or special proceeding, when the sheriff is a party, as prescribed in sections 482 to 485, both inclusive:

3. To exercise the powers and perform the duties conferred and imposed upon him, by the constitution and by other statutes.

§ 479. When an act is directed by statute to be performed by a sheriff, or process is issued to him, the duty, in case of the inability of the sheriff, from any cause, to perform it, devolves on the coroner, in the same manner, and with the same powers, duties and responsibilities, as if the process or order had required its performance by that officer.

§ 480. In the city and county of New-York, if the coroner be absent or unable to attend to the duties prescribed by the first subdivision of section 478, they may be performed by a police justice, but by no other officer, with the like authority and subject to the same obligations and penalties as are attached to the office of coroner.

§ 481. Each coroner is entitled to receive for his services, in holding an inquest and performing any other [CIVIL. CODE.]

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duty incidental thereto, such compensation as may be fixed by the board of supervisors of his county; and can receive for those services no other compensation or fees whatever. In the city and county of New-York, the compensation so fixed, must be an annual salary.

ARTICLE II.

DUTIES OF CORONERS, WHEN THE SHERIFF IS A PARTY.

SECTION 482. When sheriff is a party, coroner to execute process.

483. When directed to coroners generally, may be executed by either. How executed.

484. Sheriff, when arrested, where to be confined; person arrested at the suit of sheriff, to be committed to county jail.

485. Powers and duties of coroner, in executing process.

§ 482. When the sheriff is a party to an action or special proceeding, the process therein, which it would otherwise be the duty of the sheriff to execute, must, except when otherwise provided by this code, be executed by the coroner of the county to whom it is delivered.

§ 483. When process is directed to the coroners of a county generally, it may be executed and returned by either of them, whose acts in respect thereto can in no degree prejudice the others. He must execute it in the same manner as the sheriff must have done, if it might have been executed by him.

§ 484. If the sheriff, on being arrested by a coroner, on an order of arrest in a civil action, neglect to give bail or make a deposite of money instead thereof, or if he be arrested on an execution against his body, or on

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