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fice of sheriff. The bonds given by the sheriff as afore- Bond to be re
corded. said, 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 bave 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.
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 posse comiteto 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.
SECT. 5. If any commissioned officer or soldier shall Penalty on ofneglect 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, fisty 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 threc years.
tenant, and thirty-four cents per day to all other per
sons. Sheriffs not to
SECT. 6. And the sheriffs shall not return, in any case, return they that they cannot do execution. cannot do exe
SECT. 7. Sheriffs shall receive all writs and processes cution. Duty of sher- directed to them, when tendered, and shall execute the iffs in serving same, and make true return thereof, according to the diwrito.
rections 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. On neglect to
SECT. 8. When a sheriff shall have received the money pay money on any execution in his hands for collection, and the same collected, on
shall have been demanded of bim, by any person authorizdemand, to pay two per
ed to receive it, and such sheriff shall neglect or refuse to
pay the same, on demand, he shall pay, and the party entimonth inter
tled to the money shall have right to recover and receive est.
two per cent per month, on the amount received, from the
time of such demand, till the same be paid. Service of writ SECT. 9. Every process against a sheriff, for a default on sheriff's 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 no appeal ;
or received, at the time of delivery, no appeal shall be
allowed in a suit against the sheriff for not serving it; except from
except in actions before justices of the peace, where the justices of the matter in demand exceeds the sum of seven dollars, when peace. appeals shall be allowed to the county court, as in other
SECT. 10. Sheriffs may constitute and appoint deputies appoint dep- 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 offices. The number of deputy-sherills, 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 TØlland, four. Deputy-sher SECT. 11. No person shall hold or exercise the office iffs to be ap
of deputy-sheriff, until his appointment to that office has probated by The county
been approbated, by the county court, of the county to which he belongs : Provided, that when the sheriff of any
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
writing 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, be 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. 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 misseasances 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 bave 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 and receive of every deputy, by him appointed, for the that may be
Perquisites risk of such appointment, a sum not exceeding thirty taken by sher. dollars, 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,
shall take, demand or receive any fee or reward from a
gaoler, or any other or greater compensation, from any Punishment deputy, by him appointed, than what is allowed by this for transgres. act, he shall, on proof thereof, before any county or susion,
perior court, be rendered forever incapable of holding
the office of sheriff. Sheriffs may
SECT. '14. Sheriffs shall have the power to depute each depute each
other, to serve, as deputies in their respective counties; other; and other persons,
and shall have liberty, on special occasions, to depute on special oc- any proper person to serve and execute any particular casions. writ or process, without the approbation of the county
SECT. 15. If any sheriff, deputy-sheriff, or constable not draw writs, or ap
shall draw, or fill up, any writ, process or declaration, pear as attor. except in his own cause, it shall abate ; nor shall any nies. sheriff, deputy-sheriff or constable, appear as an attorney
in court for any other person. Shall indorse sect. 16. Every officer, who shall serve any writ or items of fees process, excepting executions, shall indorse on such writ on writs.
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 SECT. 17. Every officer, who collects an execution, items of fees
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 bim, 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 SECT. 18. If any officer, having an execution to collect, more than one shall, for the security or payment of it, or any part of security for an it, take more than one bond, bill, note, receipt or other execution, all of them shall
instrument, directly to himself, or to any other person for be void. his use, or in which he shall be directly or indirectly in
terested, every bond, bill, note, receipt or other instru
ment, so taken, shall be void. Penalty for in SECT. 19. If any officer, who has served a writ, shall dorsing more indorse thereon more than his lawful fees, or demand, or than lawsui sees.
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 tak
ing unlawful allowed, the general assembly, on proof thereof, may re- fees. move him from office.
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 com
by county plaint, and proof of the fact, to remove him from office.
SECT. 22. If, upon complaint made to the general as- Sheriff refussembly, it shall appear, that any sheriff illegally detains, ing to pay after demand, any money by him collected, or refuses to money collectsatisfy any execution issued against him, in the life there. ed, shall be
removed. of, such sheriff shall be declared incapable any longer to hold the office, and shall be removed accordingly.
SECT. 23. No deputy-sheriff shall be allowed any more Fees for actual fees for travel to serve and return a writ, or execution, travel only althan for the actual travel. And whenever any sheriff or
lowed to dep
uty-sheriff. constable, by virtue of any writ of execution, shall seize On sheriff's any goods or chattels to answer and satisfy such execu- suit on receipt tion, 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 oilicer, 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.
E-it enacted by the Senate and House of RepSECT. 1.
resentatives, in General Assembly convened, That the civil authority and select-men of the several Board of towns, shall constitute a board of health, in their respective
consituted; 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