corded. fice of sheriff. The bonds given by the sheriff as afore- Bond to be resaid, shall be lodged with the secretary, and recorded in the records of the state; and a copy of such bonds, duly certified by the secretary, shall be admissible evidence in any court, and sufficient proof of their execution.(1) SECT. 2. The sheriffs, in their respective counties, Powers of shall have power to execute all lawful writs, processes sheriffs. and warrants, directed to them. They shall be conservators of the peace, within their counties; and they shall have authority, with force and strong hand, when necessary, to suppress all tumults, riots, routs and unlawful assemblies, and to apprehend, without warrant, those who are in the disturbance of the peace, and to carry them before any justice of the peace, that further proceedings may be had against them, according to law, as the nature of the offence shall require. posse comita tus. SECT. 3. It shall be lawful for the sheriff to raise the pow- May raise er of the county, and to command any person or persons to assist him, when necessary, in the execution of his office; and every person refusing, who is of sufficient age and ability, shall forfeit a sum not exceeding thirty-four dollars, to the treasury of the county, where the offence is committed. SECT. 4. When great opposition is made against the May call out sheriff, in the execution of lawful process, or there is the militia. probable ground of suspicion that great opposition will be made, he shall have power, with the advice of one justice of the peace, or more, if they are present, to raise the militia of the county, or so many of them, as they shall judge needful, to remove such opposition: and he may seize and confine all who resist his authority; and may exert all the force necessary to enable him to execute such process. bedience. SECT. 5. If any commissioned officer or soldier shall Penalty on of neglect or refuse to obey the commands of the sheriff, un- ficers and solder the regulations aforesaid, then every such commissioned diers for disoofficer shall forfeit a sum not exceeding seventy dollars, and every soldier a sum not exceeding ten dollars, to the treasury of the county where the offence is committed: and every officer and soldier shall be liable to make good to the party injured, all the damages he shall sustain by their neglect: and the wages allowed for such service shall be one Wages. dollar per day to a captain, fifty cents per day to a lieu (1) A marshal was, at first, appointed by the general court, for the whole colony. After the union, a marshal was appointed for each county, by the county courts. In 1702, they were denominated sheriff's; and in 1724, an act was passed, authorising their appointment, by the governor and council, to hold their offices during pleasure; and now, by the constitution, they are appointed by the general assembly, to hold their offices for three years. Sheriffs not to return they cannot do execution. Duty of sheriffs in serving write. On neglect to pay money collected, on demand, to pay two per cent per month interest. Service of writ on sheriff's before court; tenant, and thirty-four cents per day to all other per sons. SECT. 6. And the sheriffs shall not return, in any case, that they cannot do execution. SECT. 7. Sheriffs shall receive all writs and processes directed to them, when tendered, and shall execute the same, and make true return thereof, according to the directions therein given; and it shall be their duty to give receipts for all writs delivered to them to be served, when demanded, specifying the names of the parties, the date of the writ, the time of delivery, and the sum or thing in demand, without taking any fee therefor: and if any sheriff shall not duly execute and return the writ, or shall make a false and undue return thereof, he shall be liable to pay all damages to the party aggrieved, to be recovered in any proper action. SECT. 8. When a sheriff shall have received the money on any execution in his hands for collection, and the same shall have been demanded of him, by any person authorized to receive it, and such sheriff shall neglect or refuse to pay the same, on demand, he shall pay, and the party entitled to the shall have right to recover and receive money two per cent per month, on the amount received, from the time of such demand, till the same be paid. SECT. 9. Every process against a sheriff, for a default in his office, shall be served at least fourteen days before fourteen days the sitting of the court to which it is returnable: and where a receipt in writing for an execution is demanded or received, at the time of delivery, no appeal shall be allowed in a suit against the sheriff for not serving it; except in actions before justices of the peace, where the matter in demand exceeds the sum of seven dollars, when appeals shall be allowed to the county court, as in other no appeal ; except from justices of the peace. Sheriffs may appoint dep uties. Deputy-sher cases. ces. SECT. 10. Sheriffs may constitute and appoint deputies to act under them, who shall have the same power as the sheriffs appointing them; and sheriffs shall be reponsible for the neglect and default of their deputies in their offiThe number of deputy-sheriffs, to be appointed for the county of Hartford, shall not exceed ten; for the county of New-Haven, ten; for the county of NewLondon, eight; for the county of Fairfield, nine; for the county of Windham, seven; for the county of Litchfield, eleven; for the county of Middlesex, six; and for the county of Tolland, four. SECT. 11. No person shall hold or exercise the office iffs to be ap- of deputy-sheriff, until his appointment to that office has been approbated, by the county court, of the county to which he belongs: Provided, that when the sheriff of any probated by the county court. writing. county is appointed in the recess of the county court of that county, he may appoint the number of deputies allowed by law, to continue till the end of the next session of the county court, to be holden in such county, and no longer, unless then approbated by the court. The war- Warrants rants and deputations of deputy-sheriffs and gaolers shall must be in be in writing, under the hands of the sheriffs appointing them, and recorded in the records of the county court, in the county in which they are appointed; and when a sheriff dismisses any deputy-sheriff or gaoler from office, he shall deliver his written discharge to such deputysheriff or gaoler, and shall lodge a copy of it with the clerk of the county court of the county, of which he is sheriff, to be recorded in the records of that court; for which the clerk shall be allowed twenty-five cents. iff. SECT. 12. And on the death of any sheriff, the gaoler Deputies to or gaolers and deputy-sheriffs, shall continue in office till continue in another sheriff shall be appointed, and assume the exer- office after cise of his office, although the term for which any such death of shergaoler or deputy may have been appointed, shall expire after the death of the sheriff, under whom they held their respective offices: and the defaults and misfeasances of such gaolers and deputy-sheriffs, in the mean time, as well as before, shall be adjudged a breach of the bond entered into by any sheriff as aforesaid, conditioned for the faithful administration of his office; and the estate of the deceased sheriff shall be liable therefor; and his executor or administrator shall have against the gaolers, deputysheriffs, and their sureties, the like remedies for their defaults and misfeasances in office, as such sheriff would have been entitled to, had he lived, and continued in the exercise of his office, till his successor was duly appointed. SECT. 13. Every sheriff shall have a right to demand Perquisites and receive of every deputy, by him appointed, for the that may be risk of such appointment, a sum not exceeding thirty taken by sherdollars, annually, and in the same proportion, for any iffs from their term less than one year; which sum shall be in full for deputies, all claims and demands on such deputy, for and on account of such appointment, except when the sheriff may be sued on account of the default of such deputy, in which case he shall have a right to demand and receive on his bond the sum of seven dollars, in addition to the sum or sums which may be recovered of the sheriff, or which he may have to pay on account of the default of such deputy. And no sheriff shall, directly or indirectly, No fee for ap take or receive of any gaoler, any sum whatever as a fee pointment of or reward for his appointment, or continuance in office. gaoler. And if any sheriff, contrary to the provisions of this act, Punishment shall take, demand or receive any fee or reward from a gaoler, or any other or greater compensation, from any deputy, by him appointed, than what is allowed by this for transgres- act, he shall, on proof thereof, before any county or superior court, be rendered forever incapable of holding the office of sheriff. sion. Sheriffs' may depute each other; and SECT. 14. Sheriffs shall have the power to depute each other, to serve, as deputies in their respective counties; and shall have liberty, on special occasions, to depute on special oc- any proper person to serve and execute any particular writ or process, without the approbation of the county other persons, casions. Officers may not draw writs, or ap court. SECT. 15. If any sheriff, deputy-sheriff, or constable shall draw, or fill up, any writ, process or declaration, pear as attor- except in his own cause, it shall abate; nor shall any sheriff, deputy-sheriff or constable, appear as an attorney in court for any other person. nies. Shall indorse on writs. SECT. 16. Every officer, who shall serve any writ or items of fees process, excepting executions, shall indorse on such writ or process the fees by him charged for such service, with the number of miles by him travelled, and the other items constituting the amount thereof. And if by such indorsement it shall appear, that such fees are charged higher than is by law allowed, the court to whom the writ is returned, shall reduce them to such sum as is by law allowed for such service. Shall indorse items of fees SECT. 17. Every officer, who collects an execution, shall indorse thereon the items of his fees as aforesaid. on executions, and at any time before its return, shall deliver to the and give a bill to debtor. debtor in the execution, on demand, and without any fee, a bill of the fees, by him charged, signed by him, and containing the items as aforesaid, with the name of the creditor, the date and amount of the execution, and the court from whence it issued; and in case of neglect or Forfeiture for refusal, he shall forfeit to such debtor threefold the neglect. amount of his fees on such execution, to be recovered by a proper action on this statute. If sheriff takes more than one security for an execution, all of them shall be void. Penalty for indorsing more than lawful fees. SECT. 18. If any officer, having an execution to collect, shall, for the security or payment of it, or any part of it, take more than one bond, bill, note, receipt or other instrument, directly to himself, or to any other person for his use, or in which he shall be directly or indirectly interested, every bond, bill, note, receipt or other instrument, so taken, shall be void. SECT. 19. If any officer, who has served a writ, shall indorse thereon more than his lawful fees, or demand, or receive more than his lawful fees, he shall forfeit threefold the amount of such excess, to be recovered by the person against whom the illegal charge has been made, in a proper action on this statute. SECT. 20. If any sheriff shall, knowingly and wilfully, Sheriff may be charge, take, demand, or receive any greater sum for the removed from service of any writ, or other legal process, than is by law office, for taking unlawful allowed, the general assembly, on proof thereof, may re- fees. move him from office. by county courts. SECT. 21. If any deputy-sheriff shall be guilty of the like Deputies may offence, it shall be the duty of the county court, by whom be removed, the appointment shall have been approved, on complaint, and proof of the fact, to remove him from office. SECT. 22. If, upon complaint made to the general assembly, it shall appear, that any sheriff illegally detains, after demand, any money by him collected, or refuses to satisfy any execution issued against him, in the life thereof, such sheriff shall be declared incapable any longer to hold the office, and shall be removed accordingly. Sheriff refusing to pay money collected, shall be removed. Fees for actual SECT. 23. No deputy-sheriff shall be allowed any more fees for travel to serve and return a writ, or execution, than for the actual travel. And whenever any sheriff or constable, by virtue of any writ of execution, shall seize any goods or chattels to answer and satisfy such execution, and any person shall appear to receive such goods and chattels into his care, and shall give to such officer a writing well executed by such person, therein expressing the receipt of such goods and chattels, and thereby promising to re-deliver the same to such officer, and shall fail of performing accordingly, and any action shall be brought there shall be by such sheriff or constable, there shall be no appeal in no appeal. such case allowed or granted. TITLE 91. Sickness. An Act providing in case of Sickness. SECT. 1. Brit Erit enacted by the Senate and House of Rep constituted; That the civil authority and select-men of the several Board of towns, shall constitute a board of health, in their respective health, how towns; and shall have, and may exercise all power and au- their powers; thority, necessary and proper, for the prevention of, and of the spread of, malignant, contagious, or infectious disease; and such board may, as occasion shall require, appoint may appoint their president, and such health officers, or health com- their officers ; mittees, as they may deem expedient, and may hold meetings, and the members present at any meeting, convened in such manner as the board shall direct, shall be a quorum for business; and shall have authority to appoint a |