ARTICLE SEVENTH. Proceedings in case of Resistance to the Execution of Process. SEC. 80. When and for what purpose power of the county may be raised. 81. Names of resisters to be certified to court; their punishment. 82. Penalty for refusing, &c. to obey sheriff. 83. When governor to order force from other counties. ART. 8. er of county. $80. Whenever a sheriff or other public officer authorised to exe- Raising powcute any process delivered to him, shall find or have reason to apprehend that resistance will be made to the execution of such process, he shall be authorised to command every male inhabitant of his county, or as many as he shall think proper, to assist him in overcoming such resistance, and if necessary, in seizing, arresting and confining the resisters, their aiders and abettors, to be dealt with according to law. against re $81. Such sheriff or other officer shall certify to the court from Proceedings which such process issued, the names of the resisters, their aiders and sisters. abettors, to the end that they may be proceeded against, for their contempt of such court.9 95 obey sheriff, $82. Every person commanded by a sheriff or other officer, to as- Refusal to sist him in the execution of process as herein provided, who shall re- &c. fuse, or without lawful cause, neglect to obey such command, shall be deemed guilty of a misdemeanor, and subject to fine and imprison ment. other coun $83. In case it shall appear to the governor, that the power of any Force from county will not be sufficient to enable the sheriff thereof to execute ties. process delivered to him, he shall, on the application of such sheriff, order such a military force from any other county or counties of this state, as shall be necessary. ARTICLE EIGHTH. Provisions concerning the Duties of Coroners in executing Civil SEC. 84. Coroners to execute process in suits where sheriff is party. 85. One coroner may execute. 86. Proceedings on arrest of a sheriff. 87 & 88. Sheriffs how to be imprisoned on arrest. 39. Coroner liable for escape of sheriff. 90. Sheriff entitled to liberties of jail, &c. 91. Proceedings on bond for liberties. 92. Imprisoning persons arrested at sheriff's suit. 93. How kept; when to be discharged on giving bail bond. 94. Bonds for liberties, how given by them. 95. Liability of coroner for escapes from liberties. cess to be executed by coroners. $84. Whenever the sheriff of any county shall be a party in any when prosuit, all process in such suit, except when otherwise provided by law, shall be executed by the coroner of the county to whom the same shall be delivered, in the same manner in all respects, subject to the same obligations and liabilities, and with the like authority and en TITLE G. titled to the same privileges, as are prescribed by law in respect to sheriffs, except in cases otherwise specially provided for. One coroner may act, Powers on arresting sher.ff. Imprisoning sheriff. lb. Liability for escape. Sheriff to $85. When process shall be directed to the coroners of a county generally, the same may be executed, and a return thereto may be made and signed by any one of such coroners; but such act or return shall in no degree prejudice the other coroners not participating therein.96 $86. If process for arresting the sheriff of the county, be delivered to a coroner, he shall execute the same in the manner prescribed by law in respect to the execution of similar process by sheriffs; and shall be authorised to take a bond on the arrest, or a bond for the jail liberties, to himself, by the name of his office, in the same cases, and in the same manner, in which a sheriff would be authorised to take the same; which bonds shall have the like effect, and be subject to the same provisions, as bonds taken in like cases by sheriffs; and the proceedings, rights and liabilities thereon, shall be the same in all respects. $87. If a sheriff, on being arrested by a coroner on civil process, requiring him to be held to bail, shall refuse or neglect to give the bond required by law to entitle him to be discharged; or if a sheriff shall be arrested on execution against his body, or on attachment; he shall be confined by the coroner, in some house situated within the liberties of the jail of the county, other than the house of such sheriff, or the jail of such county, in the same manner as sheriffs are required by law to confine prisoners in the jails of their counties respectively. $88. Such house shall thereupon become the jail of the county, for the use of such coroner, and all laws relating to the jails of counties, shall be applicable to the same, while such sheriff shall be confined therein. $89. For any escape of such sheriff from such house, the coroner shall be liable, in the same manner and to the same extent, as sheriffs for the escape of their prisoners, and may plead and give in evidence the same matters allowed to sheriffs in similar actions. $ 90. A sheriff so confined shall be admitted to the liberties of the have liber jail of the county, established for other prisoners, in the same cases, and upon executing the like bond to the coroner in whose custody he ties, &c. Proceedings on bond. shall be, as provided in other cases. For any escape of such sheriff from such liberties, the coroner shall be liable, in the same manner, and to the same extent, as sheriffs for similar escapes, and may plead and give in evidence the same matters allowed by law to sheriffs. $91. The coroner may prosecute any such bond taken by him, and shall be entitled and subject to all the provisions of law, in respect to similar bonds taken by sheriffs; and such bonds may be assigned by him to the party at whose suit such sheriff shall have been (96) 1 R. L. p. 151, § 3. arrested, and the same proceedings shall be had thereon, in all respects, as on bonds taken and assigned by sheriffs in similar cases. ART. 9. is plaintiff. $92. If any person be arrested by a coroner on process issued in a Where sheriff' suit in which the sheriff of the county is a plaintiff, he shall be committed to the common jail of the county, in cases where a commitment is required by law; but such coroner shall not be liable for any escape of such prisoner from such jail, after he shall have been committed thereto. bail bond. $93. Such prisoner, when so committed, shall be kept, in all re- How kopt; spects, as other prisoners committed on civil process, and shall be entitled to be discharged, if he be committed on mesne process, on executing a bond to the coroner, in the same manner, and in the same cases, in which such bond is required to be given to a sheriff, which shall have the like effect, and be proceeded on in the same manner, in all respects. liberties. $94. Such prisoner shall be entitled to the liberties of the jail, in Bonds for the same cases as other prisoners, on executing to the coroner a bond, in all respects similar to that required to be given to sheriffs, which shall have the like effect, and shall be assigned and proceeded on in the same manner. liberties. $95. For any escape of such prisoner from such liberties, the co- Escape from roner shall be answerable, in the same manner, and to the same extent, as sheriffs for similar escapes, and may plead and give in evidence the same matters. ARTICLE NINTH. Provisions concerning Persons committed under the Authority of Courts of the United States, to Jails within this State. SEC. 96. Sheriffs to receive and keep prisoners under process of U. S. courts. 97. Liability of sheriffs for safe keeping such prisoners. soners to be riffs. $96. It shall be duty of the sheriffs of the several cities and coun- such prities of this state, to receive into their respective jails, and keep all kept by sheprisoners who shall be committed to the same, by virtue of any civil process issued by any court of record, instituted under the authority of the United States of America, until they shall be discharged by the due course of the laws of the United States, in the same manner as if such prisoners had been committed by virtue of process in civil actions, issued under the authority of this state; and every such sheriff may receive, to his own use, such sums of money as shall be payable by the United States, for the use of the said jails. sheriffs for them. $97. Every sheriff or keeper of a prison, to whose jail any prisoner Liability of shall be committed, by any marshal or other officer of the United States, as provided in the last section, shall be answerable for the safe keeping of such prisoner, in the courts of the United States, according to the laws thereof. TITLE 1. CHAP. VIII. Of Proceedings in Special Cases. TITLE 1. Of the bringing and maintaining of suits by poor persons. TITLE 3. Of suits by and against executors and administrators, and against heirs, devisees and legatees. TITLE 4. Of proceedings by and against corporations, and public bodies having certain corporate powers, and by and against officers representing them. TITLE 5. Of suits against sheriffs, surrogates and other officers, on their official bonds. TITLE 6. Of actions for penalties and forfeitures; and provisions for the collection and remission of forfeited recognizances, and fines imposed by courts. TITLE 7. TITLE 8. Of proceedings for the admeasurement of dower. Of proceedings for the collection of demands against ships and vessels. TITLE 9. Of proceedings for the recovery of rent and of demised pre mises. TITLE 10. Summary proceedings to recover the possession of land in certain cases. TITLE 11. Of distraining cattle and other chattels doing damage, and of distraining in other cases. TITLE 13. Of proceedings, as for contempts, to enforce civil remedies, and to protect the rights of parties in civil actions. TITLE 14.--Of arbitrations. TITLE 15.--Of the foreclosure of mortgages by advertisement. TITLE 17.-General miscellaneous provisions concerning suits and pro- Who may petition us such. TITLE I. OF THE BRINGING AND MAINTAINING OF SUITS BY POOR PERSONS. SEC. 1. Who may petition to prosecute as a poor person. 2. Contents of petition; certificate of counsel to be annexed. 3. When court to assign counsel, &c. 4. On being admitted, to prosecute without liability for costs, &c. 5. When court may annul admission to prosecute. 6. This Title extended to suits in equity. who SECTION 1. Every poor person, not being of ability to sue, shall have a cause of action against any other, may petition the court in which such action is depending, or in which it is intended to be brought, for leave to prosecute as a poor person, and to have counsel and attorneys assigned to conduct his suit.1 (1) 1 R. L. p. 524, § 21. $2. Such petition shall state, 1. The nature of the suit brought, or intended to be brought : TITLE 2. Contents of 2. That the applicant is not worth twenty dollars, excepting the petition. wearing apparel and furniture, necessary for himself and his family, and excepting the subject matter of the action, when not in possession thereof: counsel. how to be And shall be verified by his own affidavit, and supported by a cer- Certificate of tificate of a counsellor of the court, that he has examined the claim, and is of opinion that such poor person has a good cause of action. $3. The court to which such petition shall be presented, if satis- When and fied of the facts alleged, and that the applicant has a meritorious cause admitted. of action, shall by rule admit him to prosecute as a poor person, and shall assign to him counsel, solicitors, attorneys and all other officers requisite for prosecuting his suit, who shall do their duty therein without taking any reward for the same.2 of admission. $4. Every person so admitted, may prosecute his suit without Consequence paying any fees to any officers or ministers of justice; and shall not be prevented from prosecuting the same, by reason of his being liable for the costs of any former suit brought by him against the same defendant; and if he be non-suited, or a verdict or judgment be given against him, or his bill be dismissed, or a decree be rendered against him, he shall not be liable for any costs in such suit.2 be annulled. S5. If the person so prosecuting, be guilty of any improper con- When it may duct in the prosecution of his suit, or of any wilful or unnecessary delay, the court may, in its discretion, annul the order admitting him to prosecute as a poor person; and he shall thereafter be deprived of all the privileges conferred by such order. $6. The provisions of this Title shall apply to suits in courts of Suits in equity, as well as to actions in courts of law. equity. TITLE II. PROCEEDINGS BY AND AGAINST INFANTS. SEC. 1. Infants entitled to maintain suits in all cases. 2. But next friend to be appointed for them. 3. By whom to be appointed in the different courts. 6. Bond to be filed with surrogate, &c. 7. Order for appointment, when and where to be filed. 8. When guardian for infant defendant to be appointed. 9. How and by whom made, when and where filed. 10 & 11. Proceedings to compel appointment. 12. Guardians not liable for costs. $1. When an infant shall have any right of action, to recover real Right of inproperty or the possession thereof, or to recover any debt or dama- suit." (2) 1 R. L. p. 524, § 21. fant to bring |