his sureties, in any suit between the party taking the receipt and such officer and his sureties.

Code, s. 2081; R. C., c. 105, s. 18; 1848, c. 97.

Note. For duty to endorse date of receiving process, see s. 914.

2817. Execute process; false return, penalty for. Every sheriff, by himself or his lawful deputies, shall execute all writs and other process to him legally issued and directed, within his county, or upon any river, bay, or creek adjoining thereto, or in any other place where he may lawfully execute the same, and make due return thereof, under the penalty of forfeiting one hundred dollars for each neglect, where such process shall be delivered to him twenty days before the sitting of the court to which the same is returnable, to be paid to the party aggrieved by order of the court, upon motion and proof of such delivery, unless such sheriff can show sufficient cause to the court, at the next suceeding term after the order; and for every false return, the sheriff shall forfeit and pay five hundred dollars, one moiety thereof to the party aggrieved, and the other to him that will sue for the same; and moreover be further liable to the action of the party aggrieved, for damages; and every sheriff and his deputies, and every constable shall execute all writs and other process to him legally issued and directed from a justice's court and make due return thereof, under penalty of forfeiting one hundred dollars for each neglect or refusal, where such process shall be delivered to him ten days before the return day thereof, to be paid to the party aggrieved by order of the said court, upon motion and proof of such delivery, unless such sheriff or constable can show sufficient cause to the court at a day within three months from the date of the entry of the judgment nisi, of which the said officer shall be duly notified.

Code, s. 2079; 1899, c. 25; R. C., c. 105, s. 17; 1777, c. 218, s. 5; 1821, c. 1110; 1874-5, c. 33.

Note. For duty, and penalty for failure, in entering date of receipt of process, see s. 914.

2818. Notice of judgment nisi, how given. In all cases where any sheriff or other officer shall be amerced for failure to make due return of any execution or other process placed in his hands, or for any default whatsoever in office, and judgment nisi or otherwise for the penalty or forfeiture in such case made and provided shall be entered, it shall be sufficient to give such sheriff notice, according to law, under the hand of the clerk and seal of the court, where such judgment may be entered, of a motion for a judgment absolute, or for execution, as the case may be; and no other notice, summons or suit shall be necessary to enforce the same; and such proceedings

shall be deemed and held in aid of a suit or other proceedings already instituted in court.

Code, s. 446; 1871-2, c. 74, s. 4.

2819. Summonses, orders and judgments, how executed. Whenever the sheriff may be required to serve or execute any summons, order or judgment, or to do any other act, he shall be bound to do so in like manner as upon process issued to him, and shall be equally liable in all respects for neglect of duty; and if the sheriff be a party, the coroner shall be bound to perform the service, as he is now bound to execute process where the sheriff is a party; and this chapter relating to sheriffs shall apply to coroners when the sheriff is a party. Sheriffs and coroners may return process by mail. Their liabilities in respect to the execution of process shall be as prescribed by law.

Code, s. 598; C. C. P., s. 354.

2820. Outgoing sheriffs not executing process, penalty. Any sheriff who shall have received a precept, and shall go out of office before the return day thereof, without having executed the same, shall forfeit and pay to the party at whose instance it was issued the sum of one hundred dollars, if such precept shall have remained in his hands for such length of time wherein it might have been well executed by him; unless the same shall have been thereafter executed by the successor of such sheriff, and returned at the day and place commanded therein; or unless it shall have been delivered over to the succeeding sheriff time enough to have allowed of its being executed by him; and the penalty aforesaid shall be recoverable by notice against such outgoing sheriff and his sureties.

Code, s. 2088; R. C., c. 105, s. 25.

2821. Pay money to plaintiff, or into clerk's office. In all cases where a sheriff has collected money upon an execution placed in his hands, if there be no bona fide contest over the application thereof, he shall immediately pay the same to the plaintiff, or into the office of the clerk of the court from which the execution issued, and upon his failure to make such payment upon demand, he shall be liable to a penalty of one hundred dollars, to be collected as other penalties. Code, s. 2080.

2822. Solicitor to prosecute officer for escape. It shall be the duty of solicitors, when they shall be informed or have knowledge of any felon, or person otherwise charged with any crime or offense against the state, having within their respective districts escaped out of the custody of any sheriff, deputy sheriff, coroner, constable or

jailer, to take the necessary measures to prosecute such sheriff, or other officer so offending.

Code, s. 1023; R. C., c. 34, s. 36; 1791, c. 343, s. 2.

2823. Not to allow escape. When any sheriff shall take or receive and have in keeping the body of any debtor in execution, or upon attachment for not performing a judgment for the payment of any sum of money, and shall wilfully or negligently suffer such debtor to escape, the person suing out such execution or attachment, his executors, or administrators, shall have and maintain an action. for the debt against such sheriff and the sureties on his official bond, and in case of his death, against his executors or administrators, for the recovery of all such sums of money as are mentioned in the said execution or attachment, and damages for detaining the same.

Code, s. 2083; R. C., c. 105, s. 20; 13 Edw. I., c. 11; 1777, c. 118, ss. 10, 11.

2824. Have custody of jail. The sheriff shall have the care and custody of the jail in his county; and shall be, or appoint, the keeper thereof.

Code, s. 2085; R. C., c. 105, s. 22.

2825. Prevent jail breaking for lynching. When the sheriff of any county has good reason to believe that the jail of his county is in danger of being broken or entered for the purpose of killing or injuring a prisoner placed by the law in his custody, it shall be his duty at once to call on the commissioners of the county, or some one of them, for a sufficient guard for the jail, and in such case, if the commissioner or commissioners fail to authorize the employment of necessary guards to protect the jail, and by reason of such failure the jail is entered and a prisoner killed, the county wherein whose jail the prisoner is confined shall be responsible in damages, to be recovered by the personal representatives of the prisoner thus killed, by action begun and prosecuted before the superior court of any county in this state.

1893, c. 461, s. 7.

2826. Publish list of delinquent taxpayers. Whenever any sheriff or tax-collector shall be credited on settlement with any tax or taxes, by him returned as insolvent, dead or removed, he shall forthwith make publication at the courthouse door, and at least one public place in each and every township in his county, of a complete list of the names of such insolvent, dead or removed delinquents, with the amount of the tax due from each, and the sum total so credited. Such list, by order of the board of commissioners, may also be published in any newspaper printed in the county;

in which case, the expense of the advertisement, for such time as may be directed, shall be paid by the county.

Code, s. 2092; 1876-7, c. 78, ss. 1, 2, 3.

2827. Furnish list of liquor dealers to grand jury. The sheriff shall lay before the grand jury of his county, at each court, as soon as the grand jury shall be assembled, a list of all persons who may have obtained license to retail spirituous liquors by small measure, within two years previous to said court; which list the foreman of the grand jury, at the close of its session, shall deliver to the clerk for safe-keeping; and any sheriff failing to perform the duty aforesaid shall forfeit and pay to the state ten dollars, to be recovered by the prosecuting officer, in the same manner as the penalties against sheriffs for not returning process.

Code, s. 2087; R. C., c. 105, s. 24; 1825, c. 1272, s. 4; 1850, c. 185.

2828. Not to farm office. No sheriff shall let to farm in any manner, his county, or any part of it, under pain of forfeiting five hundred dollars, one-half to the use of the county, and the other half to the person suing for the same.

Code, s. 2084; 'R. C., c. 105, s. 21; 23 Hen. VI., c. 10.

2829. Obligation taken by sheriff, payable to himself only. The sheriff or his deputy shall take no obligation of or from any person in his custody for or concerning any matter or thing relating to his office otherwise payable than to himself as sheriff and dischargeable upon the prisoner's appearance and rendering himself at the day and place required in the writ (whereupon he was or shall be taken or arrested), and his sureties discharging themselves therefrom as special bail of such prisoner or such person keeping within the limits and rules of any prison; and every other obligation taken by any sheriff in any other manner or form, by color of his office, shall be void, except in any special case, any other obligation shall be, by law, particularly and expressly directed; and no sheriff shall demand, exact, take or receive any greater fee or reward whatsoever, nor shall have any allowance, reward or satisfaction from the public, for any service by him done, other than such sum as the court shall allow for ex officio services, and the allowance given and provided by law. Code, s. 2082; R. C., c. 105, s. 19; 1777, c. 118, s. 8.

NOTE. Action against, barred by statute of limitations, see s. 393.
When judge absent, adjourn court from day to day, see s. 1510.

Laying off homestead, see s. 687.

Bail liable to, when, see Civil Procedure.

Bond when acting as county treasurer, see s. 1397.

Duty in claim and delivery, see s. 794 et seq.

Duty in attachment, see s. 765 et seq.

Day of receipt of process endorsed thereon, see ss. 914, 3149.

Deeds made by whom after expiration of office or death of sheriff, see ss. 950, 951, 2905.

Duties in regard to prisoners in workhouse, see County Prison.

To execute writs for board of internal improvements, see Internal Improve

ments.

Failure to return process a misdemeanor, s. 3604.

Penalty for failure to return writ of habeas corpus, see ss. 1834, 1836, 3582.
Releasing prisoner without bail, s. 3208.

Sales under execution, s. 641 et seq.
Tax collector for county, ss. 1376, 2851.

CHAPTER 68.

STATUTES, CONSTRUCTION OF.

(Sections 2830-2832.)

2830. Repeal of statute not to affect actions. The repeal of a statute shall not affect any action brought before the repeal, for any forfeitures incurred, or for the recovery of any rights accruing under such statute.

Code, s. 3764; R. C., c. 108, s. 1; 1830, c. 4; 1879, c. 163; 1881, c. 48.

2831. Rules for construction of statutes. In the construction of all statutes, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the general assembly, or repugnant to the context of the same statute, that is to say:

R. C., c. 108, s. 2.

1. SINGULAR AND PLURAL NUMBER, MASCULINE GENDER, ETC.

Every word, importing the singular number only, shall extend and be applied to several persons or things, as well as to one person or thing; and every word importing the plural number only, shall extend and be applied to one person or thing, as well as to several persons or things; and every word importing the masculine gender only, shall extend and be applied to females as well as to males, unless the context clearly shows to the contrary.

2. AUTHORITY OF PUBLIC OFFICERS, ETC., EXERCISED BY MAJORITIES, UNLESS, ETC.

All words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it shall be otherwise expressly declared in the law giving the authority.