ceived by him, and he shall be responsible for them. The retiring. Sheriff, or his successor, neglecting or refusing obedience to the requisitions herein, shall, respectively, upon conviction by indictment, be liable to a fine of oue thousand dollars, or an action may be instituted upon the official bond of any defaulting Sheriff in this behalf, for the penalty aforesaid. And it shall be the duty of such predecessor, who has levied upon personal property and not sold it, to deliver it to his successor at the time of turning over such books, bonds and processes, taking his receipt for the same, who is authorized to sell such property. SEC. 17. The Sheriff shall summon the requisite number of Constables to attend the Courts of Common Pleas and General Sessions, and provide a staff for each of them, and shall make a return of such summons to the Clerk of the Court. To summen Constables, &c. 1839, XI,45,225. To attend all Courts and to Court. Ib., 44, g 22. SEC. 18. The Sheriff, or their lawful Deputies, shall attend all the Circuit Courts that may be held within their respective Coun- serve rules of ties, and enforce such rules as the said Courts may establish; and during the term time of the said Courts, any Sheriff or his Deputy shall serve any rule of such Court or writ of attachment, for any contempt thereof, on any party or witness in any part of this State; and the party moving for the same shall be liable to pay such Sheriff the cost in cash for such service, on the return of such rule or writ of attachment. bilities. Ib., 41, 10: 1808, V, 571, 8 7: SEC. 19. The Sheriff, or his regular Deputy, shall serve, execute, Duties and liaand return every process, rule, order or notice, issued by any Court of record in this State, or by other competent authority; and if the Sheriff shall make default herein, he shall be subject to rule and attachment as for a contempt, and he shall also be liable to the party injured, in a civil action. SEC. 20. If any Sheriff or Deputy Sheriff, without writ, warrant or process, shall summon any one, by arresting the person or attaching the goods, to appear in any of the Courts in this State, (not having at that time any process to justify the same,) upon complaint thereof, on oath, such Sheriff or Deputy shall be liable to be punished for a contempt, by either the Court of Common Pleas or General Sessions for his County: Provided, That nothing herein. contained shall prevent the Sheriff or his Deputy from arresting any person for treason, felony, or breach of the peace, committed in his presence, or from arresting any person for treason or felony, apon probable and reasonable grounds. SEC. 21. No person shall be arrested while actually engaged in or attending military or militia duty, or going to or returning from the same, nor while attending, going to, or returning from any Court, as party or witness, or by order of the Court, except for 1781, VII, 200, Code of Procedure, § 431. § 11:1791,263,$6. Liability for illegal arrest. 1839,X1.41,§. Arr. 2, 5 17; Art. 8, § 6. Constitution, No person to be arrested while engaged in miliduty. tary or militia Exception. 1b., ¿ 12. Process, how and when served; no female to be arrested: excep treason, felony or breach of the peace; but in such case process may be served without actual arrest of body or goods. SEC. 22. No civil or criminal process shall be served on Sunday, except for treason, felony or breach of the peace. Nor shall any female be arrested in any civil action, except for a willful injury to Procedure, § 202. person, character or property. tion. Code of Escaped prison er may be retaken on Sun SEC. 23. It shall be lawful for the Sheriff, Deputy Sheriff, or Jailer, to re-take on Sunday, as on any other day, and at Court, 1839, X1,45.227. muster or any other place, any prisoner who has escaped. day, &c. Power to arrest and take bail. 1 Bay., 316. SEC. 24. The Sheriff, or his Deputy, shall arrest all persons Ib., 42, 13. against whom process for that purpose shall issue from any competent authority, commanding such person to be taken into custody, or requiring him or her to give bond, with security; and if the party so arrested, being entitled to bail, shall give it, or shall give the bond with security required, such person shall be enlarged; and if not, he, or she, shall be kept in custody until discharged from confinement, according to law. Bail bond to be payable to Sheriff SEC. 25. Every bail bond shall be payable to the Sheriff his successors in office, and may be assigned to the plainCode Procedure, tiff. Ib., 14. See Title VII. Not to take attorney or or SEC. 26. No Sheriff shall take any attorney-at-law, or any officer other officer as of Court, as bail for any person whomsoever, in any civil or crimi bail. Ib., 45, § 24. To indorse return on back of price-s. [b., 45, 7 24. nal case. SEC. 27. That the Sheriff, on pain of being attached and amerced, shall, at the time he returns cepi corpus on any mesne process of any Croce of the Courts, to him directed, endorse on the back of such process the name or names of such person or persons as shall have become bail for the defendant, if the said defendant shall have been let to bail. dur, 215. To break into any house in certain cases. lb., 43, 16. SEC. 28. It shall be lawful for the Sheriff, or his Deputy, to break and enter any house (after request and refusal) to arrest the Code of Pre- person or to seize the goods of any one in such house, provided such Sheriff, or his Deputy, have process requiring him to arrest such person or seize such goods. cedure, ¿ 237. 1 Bay., 354. To give notice of money in his bands. To pay interest for failure. 1856, XII, 534. SEC. 29. It shall be the duty of the Sheriff of every County in this State, on the receipt of any money in his office on account of any plaintiff in execution, or other person entitled thereto, within one month, to give notice, in writing, of the same, to such plaintiff or his attorney, or other person entitled to the same, by personal service, or through the post office; and, on failure so to do, he shall be liable to pay interest for the money in his hands, at the rate of five per cent. per month, till such notice is given. SEC. 30. No Sheriff shall be liable to be served with any rule to show cause, or attachment, at any time after two years from the expiration of his office. SEC. 31. Any Sheriff' shall be liable to be proceeded against in any Court of Record in this State, for an open contempt, or for a breach of official duty. For an open contempt he shall be liable to be attached forthwith; and for a breach of official duty he may be required, by rule, to answer to the complaint of any suitor of the Court, and, upon failing to answer or to comply with the order of the Court, made on hearing of said rule, he shall be liable to be attached as for a contempt, and committed to close custody, until he shall have complied with the requisition of the Court: Provided, That, in all cases, interrogatories may be propounded to him, which he shall answer on oath, either orally or in writing, as the Court may order. Liable to attach tempt for failure process, or pay ment for con to execute final cver money. Ib., 21. 2 McM, 150; 10 Rich., 120. To be decme 1 misconduct; when. SEC. 32. If any Sheriff shall fail to execute, or return, final process in any civil suit, or to pay over money, when demanded, that has come into his hands as Sheriff, to the party entitled thereto, and shall be unable, on the return of the rule that may be issued against him, to show sufficient cause, he shall be liable to be attached for a contempt, and committed to custody until he shall comply with the order of Court. SEC. 33. If any Sheriff shall be attached for contempt, for failing guilty of off al to execute, or to return final process, in any civil suit, or for not paying over, to the party entitled, money which has come into his hands as Sheriff, and shall remain in contempt for the space of thirty days after such attachment ordered, every such Sheriff shall Punishment on be deemed guilty of official misconduct,' and shall be liable to be proceeded against by indictment, and, on conviction, be liable to fine of not exceeding one thousand dollars, and imprisonment not exceeding one year, and be removed from office: Provided, That nothing herein contained shall be construed to deprive any such 1844, XI, 295. Sheriff of his right to appeal from any order against him for a contempt, nor shall the provisions of this Chapter be taken to apply during the pendency of such appeal, nor until the same has been finally dismissed. conviction. Proviso. To pay over money one day SEC. 34. If any Sheriff, upon the demand of any plaintiff, or of his attorney, shall willfully refuse to pay over any sum of money after demand. collected for such plaintiff, within twenty-four hours, the Sheriff so in default, besides being liable to rule and attachment, shall be liable also to pay to such plaintiff, or his legal representative, the refusal. said sum withheld, and interest thereon, for the time he may withhold such sum after demand, at the rate of five per cent. per month, and if any regular Deputy Sheriff, (in the absence of such Sheriff,) Penalty for Proviso. having such fund, shall refuse, one day after demand, to pay over 1846, XI,3.8: §1; 1839, X1,55, 63. the same, the Sheriff shall, for such default, be liable to the same 2 Bail, 412; 3 Rich., 14 penalties as are herein provided: Provided, That nothing herein Rich., 206; 12 Rich., 286; 6 contained shall apply to the detention of money on account of bona fide conflicting claims. 1:ch., 319. Sheriff tofurnish stau ment of rea of execution SEC. 35. That it shall be the duty of the Sheriff, in case of par sons for failure tial or entire failure to make execution, when required by any per son having control of the execution, to furnish a written statement, subscribed by him, of the reasons for such partial or entire failure. when required. Ib.,53, §56;1817, XI, 433, 22; see 2315 of Code. Penalty for pur chasing executions. 1839.XI.47.336; 1823, VI,213,81. Penalty for pei mitting prison ers, by civil proc-ss, to go at .arge. SEC. 36. If any Sheriff, or his Deputy, shall contract for, buy, or purchase any judgment, or decree of any Court, which it may become his duty to enforce, or any execution lodged in his office, or cause the same to be done, directly or indirectly, the said Sheriff, or his Deputy, shall forfeit and pay, for every such offence, treble the amount of such judgment, decree or execution, one-half of which said forfeiture shall be paid to the State, and the other half to the informer; and the same shall be recoverable with full costs by action or by indictment in any Court of competent jurisdiction, and, by any such purchase, such judgment, decree, or execution shall be ipso facto satisfied. SEC. 37. If any Sheriff, or his Deputy, shall permit any prisoner, Committed committed to his custody on mesne or final process, in any civil action, to go or be without the prison walls, without lawful authority, or if any Sheriff, or his Deputy, suffer such prisoner to go or be at large, out of the rules of the prison, (except by some writ of habeas corpus, or rule of Court, which rule shall not be granted but by mo tion in open Court,) any such going and being out of the prison walls, or prison rules, as the case may be, shall be adjudged and deemed an escape. If any Sheriff, or his Deputy, shall, after one day's notice in writing, given for that purpose, refuse to show any prisoner committed to his charge to the plaintiff at whose suit such Ib., 45, 26 prisoner was committed, or to his attorney, such refusal shall be adand 8 and 9 judged to be an escape: Provided, That the Sheriff shall discharge JI. 554-5. § 1-8; a defendant in custody on mesne process in a civil case where the 1 Spear, 181. plaintiff is non-suited. Proviso. W. 34, 27; 1712, 1788, V, 80,228,9. In what cases plaintiff shall be tainance of debtor, &c. SEC. 38. Where any person shall be taken on mesne or final prohable for main cess in any civil suit, and from inability to pay the demand, debt or damages, or find bail, if committed to the jail, and such person has no lands, tenements, goods, chattels, or choses in action, whereby his maintenance in jail can be defrayed, the plaintiff, or person at whose instance such party shall be imprisoned, shall pay and satisfy the same; and if such person, or his attorney, shall refuse or neglect, after ten days' previous notice, to pay, or give security to pay Proviso. 1839, XI, 46.23. Rich., 228; 3 strob., 101; 4 Rich., 323; 2 To execute writs of habeas Ib., 48, 43. the same, when demanded, the Sheriff, or Jailer, in whose custody such prisoner is, may discharge him from such confinement: 2 MCM.. 340; 6 Provided, however, That such prisoner shall, before he is discharged, render, on oath, a schedule of all his estate, and assign the same. SEC. 39. Every Sheriff, Deputy Sheriff or Jailer, shall have power, and he is authorized, required and commanded to give due corpus, &. obedience to the execution of every writ of habeas corpus, made or signed by any person or persons by law empowered to grant the same, and shall do and perform any matter or thing which by the same he may be required to do; and if he shall willfully neglect, refuse or omit to obey or perform the same, when legally requsted and demanded in such case, for each such neglect, refusal or omission, he shall forfeit the sum of five hundred dollars, to be recovered by indictment. gent escape process. SEC. 40. The Sheriff shall be liable for the negligent escape of Liable for negliany prisoner on mesne or final process to such damages as the plain- mesne or final tiff may have sustained: Provided, That the insolvency of the prisoner shall not mitigate the damages below the amount sufficient Ib.,46,g;31,34,33. to carry costs. Proviso. Punishable as for escape of criminal. 1869,XIV,309,37; SEC. 41. If any Sheriff, Deputy Sheriff, Jailer, or other officer, willfully suffer a prisoner in his custody, under conviction or under any criminal charge, to escape, he shall suffer the like punishment 1839, XI, 46.435. and penalties as the prisoner suffered to escape was sentenced to, or would be liable to suffer, upon conviction of the crime or offence wherewith he stood charged. SEC. 42. If a Sheriff, Deputy Sheriff, Constable or other officer authorized to serve legal process, receives from a defendant or any other person any money or other valuable thing as a consideration, reward or inducement, for omitting or delaying to arrest a defendant, or to carry him before a Trial Justice, or for delaying to take a person to prison, or for postponing the sale of property under an execution, or for omitting or delaying to perform any duty pertaining to his office, he shall be punished by fine not exceeding three hundred dollars. Punishment for accepting bribes. 189, XIV,309,8 Penalty for pur- chasing at their 1823, VI, 13: SEC. 43. No Sheriff, or Deputy Sheriff, shall be concerned or in terested, directly or indirectly, in the purchase of any property sold by either of them officially; and if any such Sheriff or Deputy Sheriff shall be concerned or interested in any such purchase, at a 1791. VII,263,28. any 4 Strob., 293; 5 such sale, made by either of them, he shall, on conviction thereof, Strob., 77 11 be deprived of his office, and shall be liable to be fined and imprisoned at the discretion of the Court; and such purchase shall be null and void. Rich., 169. |