Clerk's office of the county in which such Coroner resides, to be approved as aforesaid, all their acts and doings after the Or their acts to said sixty days, shall be null and void, and they shall be deem be void. Persons ag grieved entitled to a and to sue. ed to have forfeited their respective offices, and all authority to act under their commissions shall cease from and after that time. SEC. 6. Be it further enacted, That any person aggrieved at the neglect or misdoings of any Sheriff or his deputy, or copy of boud, of any Coroner, and having first ascertained the amount of his damages by judgment against said Sheriff or Coroner, shall be entitled to a certified copy of such Sheriff's or Coroner's bond, and shall have a right to commence and prosecute to final judgment and execution for his own benefit, any action thereon in the name of the Treasurer, said writ being first endorsed by the party for whose benefit such action is brought, or his agent or attorney, which endorser shall be alone answerable for all costs; and judgment, when for the defendants, shall be rendered accordingly against the party, for whose benefit such action is brought: Provided, That all such actions on Sheriffs' or Coroners bonds, shall be brought always in the county where such Sheriff or Coroner shall have been commissioned respectively to act. Proviso. Execution SEC. 7. Be it further enacted, That when judgment is renbow awarded. dered on any bond as aforesaid, execution shall be awarded for the sum found due to the party, for whose benefit said action was brought; and being part of the penalty forfeited. And any execution which shall issue on said judgment, shall express therein the name of the party for the use and benefit of whom the same was awarded, who may cause said execution to be levied on any personal or real estate of the debtor, which levy shall enure to such party for his sole use and benefit, to every intent and purpose whatever. Sheriff to serve &c. [Approved June 24, 1820.] :00: CHAPTER XCII. An Act defining the general Powers and Duties, and regulating the office of SEC. 1. BE it enacted by the Senate and House of Repreall precepts, sentatives, in Legislature assembled, That the Sheriff of each county in this State, shall have power, and it shall be his duty, and the duty of each of his deputies, to serve and execute within his county, all writs and precepts to him or them directed and committed, issued from good and lawful authoriincluding those ty; including all writs and processes in which towns of which they are inhabitants are parties or interested. And all Sheriffs, when removed from their office, as well as their deputies, shall have power to execute all such precepts as may be in their hands at the time of their removal from office; and in in which their own towns are interested or parties. Sheriffs and deputies, out of precepts in Sheriff to have dy of gaols. of Sheriff, bis gaoler to continue in office until, &c. every case of a vacancy in the office of Sheriff in any County, office, to serve by death, resignation, removal or otherwise, every Deputy their hands,&e. Sheriff in office under such Sheriff, having any writ or precept in his hands, at the time of such vacancy, shall have the same authority, and shall be under the same obligation to serve, execute and return such writ or precept, as if such Sheriff had continued in office. And the Sheriff of each county shall have the custody, rule, and charge of the gaol or gaols there- care and custo in, and of all prisoners within such gaol or gaols, and shall keep the same himself personally, or by his deputy, for whom he shall be answerable; and in case of the death of the Sher- In case of death iff of any county, any gaoler, by him specially appointed, shall continue in the office of gaoler, and retain and have the custody, rule and charge of the gaol of which he had the custody, rule and charge under such Sheriff; and of all prisoners within such gaol, or who may be afterwards committed to his custody, until a successor to such deceased Sheriff shall be appointed and qualified as the law directs; or until the Governor may Governor, by and with the advice of the Council, shall remove when the Shersuch gaoler and appoint another person; which removal and appointment, the Governor, by and with the advice of the Council, is hereby authorized to make. And the gaoler so appointed, shall give such bonds, and in the same manner, as is required of a Sheriff, for the faithful performance of the duties of his office; and shall continue in office during the vacancy in the office of Sheriff. appoint gaoler. iff's office is vacant. Such gaoler to give bond, &c. Sheriff's bond breaches by Sheriff's death sued against SEC. 2. Be it further enacted, That the defaults or mis- Condition of feasances in office, of any gaoler, or deputy Sheriff, after the to extend to death or resignation of any Sheriff, by whom he was appoint- gaoler or depued shall be adjudged a breach of the condition of the bond y Sheriff after given by such Sheriff: and actions for the malfeasance or mis- or resignation. feasance of any Sheriff, or of any of his deputies, may be sued Actions may be against the executors or administrators of such Sheriff, in the executors of same manner as if the cause of such action survived against the executor or administrator at the common law; and an at- Copy of Shertested copy of any Sheriff's bond, certified by the Treasurer ed by Treasurof this State, shall be received as evidence in any case: Pro-gal proof. vided nevertheless, That if in any suit the execution of the bond when signashall be disputed, the Court may order the Treasurer to bring original may the original bond with him into Court. sheriffs. iffs bond certifi er of State-le ture is denied Sheriff nelect monies collect cent. interest. SEC. 3. Be it further enacted, That if any Sheriff or his dep-ing to pay over uty, shall unreasonably neglect or refuse to pay to any per- ed on execution, son, any money received by him upon execution to the use of liable to 30 per such person, upon demand thereof being made, he shall forfeit and pay to such person five times the lawful interest of such money, so long as he shall so unreasonably detain the same after such demand is made. not liable to SEC. 4. Be it further enacted, That no Sheriff shall have Sheriff's body his body arrested upon mesne process, or upon an execution arrest, &c. in awarded upon a judgment consequent upon a civil action, and civil action. tion against turned unsatisfied, creditor before Govern If debt be not days after no be removed. that when judgment shall be rendered against any person holding the office of Sheriff, either in his official or private capacity, for any sum of money, the execution thereof shall be issued against his goods, chattels and lands, but not against In case execu- his body; and if any execution issued against the goods, chatSheriff be re- tels or lands of a person who holds the office of Sheriff, shall be returned not satisfied, the creditor may file before the Govmay lay a copy ernor and Council an attested copy of such execution and reor and Council. turn, and also serve such Sheriff with a copy of such copy filed, attested by the Secretary together with notice under the hand of the Secretary, of the day of filing such copy. And paid within 40 if such Sheriff shall not, within forty days next after his being tice, Sheriff to served with such copy and notice, pay the creditor the full of his debt, together with reasonable costs of the copies and notifications aforesaid, the Governor, with the advice of Council, shall remove such Sheriff from his office, and shall ap Sheriff to be point some other person to the same. And such Sheriffs answerable to shall be held answerable for the delivery over to their respecfor all prison- tive successors, of all prisoners which may be in their custody at the time of their removal, and for that intent shall still retain the keeping of the gaol or gaols in their respective counties, and the prisoners therein, until their successors shall When Sheriff be appointed and qualified, as the law directs. And when a ecution to be Sheriff shall be removed from his office, the Clerk of the issued against Court, from whence executions have been issued and returned not satisfied, shall be empowered as soon as another Sheriff shall be appointed and legally qualified, to make out alias executions in common form, as well against the body as the goods, chattels, and lands of such persons so removed. his successor ers, &e. is removed, ex him in common form. Sheriff to bury the bodies of Dot delivered SEC. 5. Be it further enacted, That when any person imdebtors dying prisoned for debt, or any other cause, shall die in any county in prison, if of this State, it shall be the duty of the Sheriff or deputy gaolto their friends. er to deliver the body of such deceased person to his relations or friends, if they shall request it; and if no application be made for such body, it shall be the duty of the Sheriff, or deputy gaoler, to bury the same in the common burying Expenses how ground; and the expenses thereof shall be paid by the town in which such person had a legal settlement, if such person had been an inhabitant of this State; otherwise the expenses aforesaid shall be paid out of the treasury of this State. to be paid. Clerks of Courts to return to State tificate of all fines, &c. SEC. 6. Be it further enacted, That the Clerk of the SuCe preme Judicial Court, and Circuit Court of Common Pleas, Treasurer cer shall, within fifty days after the end of their Courts respectively, return into the office of the Treasurer of the State, a certificate of all fines, amercements, issues and forfeitures arising or imposed to the use of the State, by their respective Courts, on penalty of seventy dollars for each and every neglect, to be disposed of as follows, viz.-The one moiety to him or them who shall sue for the same, and the other moiety to the benefit of this State; and the Attorney General as well Penalty for neglect. Similar certifi turned to the as the county Attornies within their respective counties, be, and hereby are especially directed and enjoined to give information of, and prosecute for recovery of all such fines and forfeitures as may be incurred by the Clerks aforesaid, in consequence of their breach of this Act: and the said Clerks shall respectively return a like certificate into the Secretary's cates to be reoffice, that the Legislature may thereby be enabled to settle Secretary's of with the Treasurer; and each Clerk of the Courts shall cer- fice. tify to the Treasurer of his county, the fines arising to the county from time to time, from convictions in the Circuit Court of Common Pleas, and the Supreme Judicial Court; and C. C. Common the Circuit Court of Common Pleas shall audit and settle the and settle SherSheriff's accounts for such fines, as shall have been by them for fines, &c. in imposed, and for forfeitures arising in said Courts respectively, and thereupon grant the Sheriff a full discharge. Pleas to audit iff's account that Court. stables, &c. aid in criminal fusal SEC. 7. Be it further enacted, That any Sheriff, deputy Sheriffs, ConSheriff or Constable, being in the execution of his office, for may require the preservation of the peace, or for the apprehending or se- cases. curing any person or persons for breach of the same, or for any other criminal cause shall have lawful authority to require suitable aid and assistance therein. And if any person, being required by any Sheriff, deputy Sheriff or Constable Penalty for rein the name of the State, to aid and assist him in the execution of his office, as aforesaid, shall neglect or refuse so to do, and be thereof convicted, before any Court proper to try the same, such offender shall be fined, to the use of the county where the offence shall be committed, not less than three dollars, nor more than fifty dollars, according to the circumstances of the case; and if any such offender shall be unable, or shall not forthwith pay the said fine, such Court may punish him by imprisonment not exceeding thirty days. person assum. Sheriff, &c. SEC. 8. Be it further enacted, That if any person not be- Penalty for a ing really and bona fide a Sheriff, deputy Sheriff or Constable, ing to act as shall pretend himself to be either of said officers, and take upon himself to act as such, or to require any person or persons to aid or assist him in any matter appertaining to the duty of Sheriff, deputy Sheriff or Constable, he shall be fined not exceeding four hundred dollars, according to the circumstances of his offence; one moiety thereof to the use of the State, and the other moiety to him or them who shall prosecute therefor. executions in tions to amount SEC. 9. Be it further enacted, That any Constable in any constables may town or plantation within this State, be, and he hereby is, au- serve writs and thorized and empowered to serve upon any person or persons personal acin the town or plantation to which he may belong, any writ, of 100 dollars. summons or execution, in any personal action, where the damage sued for or recovered shall not exceed one hundred dollars; including all writs and processes to them duly directed, in which towns or plantations of which they are inhabitants, are parties or interested, and return thereof to make to the Court to which the same may be returnable: Provided however, give bond to in 200 dollars. ing before giv. ing bond. Provided they That every Constable, after being chosen, and before he town Treasurer serve any writ, or proceed to collect any execution, shall give to the Treasurer of his town, a bond in the sum of two hundred dollars, with two sureties, sufficient in the opinion of the Selectmen and Town Clerk, for the faithful performance of his duties and trust, as to all processes by him served or executed; Penalty for set- and for every process he shall serve or execute before giving such bond, he shall forfeit and pay not less than twenty, nor more than fifty dollars, recoverable to the use of any person, who shall sue for the same; and all persons suffering through the defaults or misdoings of such Constable, shall have the same remedies in law, on his bond, as are provided in respect to Sheriffs' bonds, and the like proceedings in both cases shall be had, such changes being made, as will make the process effectual. Remedy on Constables' bond. Constables, in serving war oners and things taken by them, to the SEC. 10. Be it further enacted, That any Constable of any rants or writs, town or plantation within this State, shall have authority, in may carry pri the execution of the warrant, or writ to him directed by lawful authority, to convey as well any prisoner or prisoners, as things that they may have taken into their custody, either to the Justice issuing such warrant or writ, or to the common gaol or house of correction of the county where such Constable is an inhabitant, according as in the writ or warrant may be directed. Justice or pris on. Power and duty of Coroners [Approved March 19, 1821.] :00: CHAPTER XCIII. An Act describing the Duty and Power of Coroners. SEC. 1. BE it enacted by the Senate and House of Representin service or alives, in Legislature assembled, That every Coroner within legal process; the county for which he is appointed, shall serve all writs and precepts, when the Sheriff or either of his deputies shall be a party to the same; and shall, if present in Court, return Jurors de talibus circumstantibus, in all causes where the Sheriff of the county shall be interested or related to either party. And when the office of Sheriff in any county may be vacant by death, resignation, removal or otherwise, the several Coroners of such county be, and they hereby are respectively authorized and empowered to execute and return all writs and precepts, which are by law appointed to be executed and returned by the Sheriff, until another Sheriff for such county shall be appointed and legally qualified; and such Coroners shall have notice thereof, which it shall be the duty of every person who may hereafter be appointed Sheriff of any county, and legally qualified to execute said office, to give, as soon as may be, to the respective Coroners of the same county and they shall take inquests of violent deaths committed, and casual deaths happening within their respec |