Imagens das páginas

dorsement and attach the same to the process, and deliver the indorsement and affidavit to the sheriff or his deputy, to be returned to the proper office. The indorsement, made as above directed, shall have the same validity and effect in law as if made by the sheriff.

§ 8. The sheriff shall be responsible for the acts of the person so appointed, and such person shall be liable to a prosecution for perjury if he willfully verify a false indorsement by his affidavit.

§ 9. A sheriff and his deputies may, for two years after the expiration of his term of office, collect his distrainable fee bills, or those of any other officer, which may have been placed in his or his deputy's hands for collection during his term of office, and may make distress for the same, and, with his sureties, shall be liable to the person entitled to such fees.

Sheriff responsi pointee.

ble for acts of ap

May collect fee

bills for two years

after office ex


turn of process.

§ 10. Each sheriff, by himself or deputies, shall execute Execution à reand make due return of all notices and all process which comes to, and may be lawfully executed by him, against any person or property in his county, or upon any river or creek adjoining thereto. He shall return the time of service of each notice and process, and the time of the levy of each execution, what levied on, when he sold the property seized, who to, and what for, and all other matters touching his duty, and shall subscribe his own name to the return, and, if he be deputy, the name also of his principal.

when returnable.

§ 11. No officer shall return on any process that the de- "Not found" fendant is not found within his county, unless he shall actually have been at the defendant's residence. If the defendant be not found by the officer, or be not a resident of the county, the sheriff shall so return.

cuted on the Sab

§ 12. No process or notice on which any legal proceedings No process exe are to be founded, except as herein provided, shall be exe- bath. cuted on Sunday; the execution of either on that day shall be void. But a writ of habeas corpus, or process on a charge Exceptions. of treason, felony, or for a riot or breach of the peace, or upon an escape out of custody, may be executed on Sunday. 13. No civil process of arrest shall be executed upon any legal voter attending an election held by authority of empt from serlaw, at which he has a right to vote, or in going to, or returning from, such election, he using reasonable diligence in

Voters attending an election



Sale of office.

traveling to and from such an election. The execution of any such process contrary hereto shall be void.

14. No sheriff or other officer shall take any obligation of or from any person in his custody, for or concerning any matter relating to his office, otherwise than such as is specially directed by law. Every obligation taken by any such officer, by color of his office, in any other manner or form, shall be void.

15. No sheriff shall demand or take any other or greater No reward be fee or reward for any service or business by him done, than

yond lawful fee.

such as shall be allowed by law.

16. Every sheriff shall, on the receipt of an execution,

Shall indorse f. indorse on the back thereof the day of the month and the

fa. when come to hand.

Duty to collect fines, forfeitures, and fees, & pay

the same.

time of the day he received the same.

§ 17. It shall be the duty of each sheriff and his deputies to receive and collect fines and forfeitures, and all officers' fees listed with him or any of his deputies, and due and payable in his county, during his term of office, and to account for and pay over the same to the persons entitled thereto, at the time and in the manner required by law.

making distress,

18. Every sheriff shall, upon request, deliver to the Must, before person from whom fees are demanded, or 'to his agent, an account, stating distinctly every item of the demand, and offer to give a receipt for the same, before he shall have the power to make distress therefor.

deliver to defend

ant an itemized account of fees.

-when legal to make.

§ 19. Distress may be made for all officers' fees thirty Distress for fees days after the rendering of the services, and for fees of witnesses thirty days after the allowance of the same by the proper authority. The right of distress shall continue for five years from and after it commences, and no longer. § 20. Any sheriff who shall, knowingly, make a false or Liability for false illegal return on any process, or fee bill, by color of his office, shall be liable to the person injured thereby for triple the damage that shall be assessed therefor.


Who cannot become sureties on sheriff's bond, or coroner's bond,

21. No person who is a jailer, coroner, judge, or clerk of a county or circuit court, or attorney at law, shall be received as surety for a sheriff in his official bond; nor shall

or jailer's bond. the jailer or sheriff, or any of his deputies, or any county

court judge, clerk, or attorney at law, be surety for a cor

oner in his official bond; nor shall any sheriff, coroner, or any of the persons aforesaid, be surety for the jailer in his official bond.

§ 22. When a deputy sheriff shall so act, or omit to act, as to render his principal responsible, and the latter shall discharge such responsibility, the deputy shall be liable over to the principal for all damages and costs, legal and extraordinary, which the latter shall be put to on account of such act or omission.

sible for acts of

Principal respon deputy.

Deputy responsi

ble to him.

Acts 1863, 379.

Rules for execu

tion of process in

case sheriff

and herein of the

§ 23. When a sheriff shall die or otherwise vacate his office, his deputies shall complete the execution of any process in his or their hands; and when the term of a sheriff shall expire, he shall, by himself or deputies, complete the execution of any process in his hands; and his or their acts and omissions in this particular shall be considered as embraced in the sheriff's official bond. When the sheriff shall die or otherwise vacate the office, the sureties, or any one of them, in the bond of the sheriff, shall have the right to require indemnity from the deputy or deputies in the manner prescribed for sureties in official and other bonds in the chapter, title "Sureties;" and if such deputy or deputies fail to give the indemnity which the court requires, his or their powers to act further as such deputies shall be suspended and revoked by the court. But when a sheriff resigns, dies, or vacates his office, the plaintiff, in any process or execution, shall have the right, upon paying to said sheriff, if alive, or his deputy, the fees and lawful charges for services rendered up to the time of such withdrawal, to withdraw such process or execution from the hands of such sheriff or his deputy, and place the same, at his election, in the hands of any other proper officer, who shall proceed to the execution thereof, in the same manner that such sheriff or his deputy was required to do by law, and under the same penalties.

§ 24. A person entitled to money collected by a sheriff or his deputy, may demand the same from the sheriff, by himself, his attorney at law, or any other person having his written authority therefor.

§ 25. It shall be the duty of the county court to cause the sheriff, annually, to renew his bond required by this chapter, and oftener if the court may deem proper; and upon his failure to do so, the court shall enter up an order suspending him from acting until he gives said bond, or the court may vacate his office. (a)

(a) The county court had the power, as often as it deemed proper, to rule the sheriff to give

rights of the sure

ties on sheriff's


How the claims

against a sheriff

may be demand


to be renewed an

Bond of sheriff ually.

§ 26. The sheriff and his deputies shall be exempted from Exempt from mi- militia duty and from serving on juries.

litia duty.

§ 27. It shall be the duty of each sheriff, by himself or his deputies, to execute all persons condemned to be hung, and to convey all persons to the penitentiary condemned to confinement therein; and to execute the sentence of the court in other criminal and penal cases. But the court may, for good cause, order the coroner or jailer to act in the place of the sheriff, in the discharge of those duties.

To execute those hung, and convey

condemned to be

convicts to


§ 28. Any sheriff or deputy sheriff, or other like officer, May summon a may command and take with him, if need be, the power of

posse comitatus.

the county, or a part thereof, to aid him in the execution of the duties of his office, civil or criminal.

29. A sheriff or other officer may, in the execution of May break doors a writ of habere facias possessionem, or writ of seizin, break

of dwelling, when

open either the outer or inner door of a dwelling, or any other house on the premises, during the day-time.

30. If, in levying a fieri facias, the outer door of the May not break dwelling-house of the defendant, in which his property is, dwelling to levy be fastened, the sheriff or other officer shall not break open

outer door of a

fi. fa.

the same to seize the property. But if the outer door be open, the officer may enter, and if need be, may break open any inner door to enable him to reach the property. He may break open the outer door of any other than the dwelling-house of the defendant in the execution, to enable him to seize the defendant's property during the day-time.

31. The sheriff or other officer may break open the

If property fraud- outer, or any other door of the dwelling or other house of

ulently kept in

house of another, a third person, in which the property of the defendant in


the execution is fraudulently concealed or kept.

32. The sheriff or other officer shall have the same Same powers in power to break and enter the dwelling and other houses of any person, in executing any other civil process, which is given him to seize property under execution.


$33. In executing a writ of habeas corpus, or any criminal or penal process, requiring an actual arrest, the sheriff or other officer may break open the outer or any other door

May break doors of defendant if necessaryto make an arrest.

additional sureties; and on failure to do so, to remove him from office and appoint a successor. (Commonwealth vs. Adams, 3 Bush, 41; Bartly vs. Fraine, 4 Bush, 375.)

2. Clerks, sheriffs, surveyors, coroners, constables, and jailers, and such other officers as the General Assembly may, from time to time, require, shall, before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law. (Constitution, article 6, sections 4 and 9.)

of the dwelling or other house of the defendant, or of any other person, if it be necessary to enable him to make the arrest. (a)

$34. But if the process do not require an arrest, then the officer shall have the same powers, and no more, that are given him in the execution of civil process.

$35. If a sheriff shall agree with any person, for a sum certain or other thing, or any kind of compensation or gratuity, to himself or another, to appoint or continue such person or another as his deputy, such agreement shall be deemed a sale of the deputation, and subject both the sheriff and deputy to removal from office on conviction thereof.

$ 36. Any payment made to a sheriff or other officer, or his deputy, on an execution, after the return day thereof, and while the same remains in his hands, shall, to the extent thereof, be deemed a satisfaction of so much of the same; and the officer and his sureties in his official bond shall be responsible therefor in the same manner as if the payment were made before the return day.

$37. The court ordering a jury to be summoned by the sheriff or other person in a county other than that in which the proceeding is pending, shall make the sheriff or other person, after the service is rendered, a reasonable allowance therefor, which shall be certified to the Auditor, and on his warrant paid by the Treasurer.

$38. Sheriffs shall, by themselves or deputies, attend and keep order in the circuit, county, quarterly court, and the court of claims of their respective counties. They shall obey the orders of said courts, and for failing to attend, or if in attendance, for failing to keep order or to obey the orders of the court, may be summarily fined, not exceeding twenty dollars, by the court in which the offense is committed.

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(a) A sheriff or other officer authorized to execute criminal process may lawfully break open the door of one whose arrest is directed by the writ, and enter and search for the offender; and if hindered and obstructed by others in making such entry and search, such persons would be guilty of the offense for which the party sought had been indicted, although the accused was not then in the dwelling. (Hawkins, etc., vs. Commonwealth, 14 B. M., 396.)

2. The right to break outer doors includes the right to break inner doors; and though the defendant be not found, or shown to be in the place of his dwelling at the time, yet, having a valid criminal process, entry by an officer is not unlawful, nor he a trespasser. (Ibid.)

3. It is not necessary that the house be the property of the defendant; it is sufficient for the justification of the officer if the accused party dwelt there at the time. (Ibid.)

4. A sheriff may not break the doors of a third person to arrest a criminal unless the person to be arrested be actually in the house at the time of the entrance; and if permission of the owner be given to enter the house, it may be withdrawn at any time and the officer obstructed, if the defendant do not dwell in the house and be not there. (Ibid.)


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