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recorded.

ers.

the sher

his office; and the appointment of such deputies shall be Deputain writing, under the hand and seal of the sheriff, and shall tions to be be lodged and recorded in a book to be kept for that purpose, in the office of the clerk of the court of common pleas in the county for which they are appointed, previous to their entering on the duties of their office; and they Be sworn. shall be sworn or affirmed in like manner as the sheriffs, and give bonds with sufficient sureties to the sheriff in a And give sum not less than three thousand dollars, nor more than bond. twelve thousand dollars, for the faithful execution of their office according to law: that each sheriff shall be author- May apized to appoint a jailer or keeper of the prison in his coun- point jailty, who shall be sworn to the faithful performance of the duties of his office, and shall also give bond in the same manner and for the same sum that deputy sheriffs are by this act required to do; and the appointing of said jailer shall be, in like manner, under the hand and seal of the sheriff and recorded as aforesaid: and the oath of office Oath of for the sheriff and his deputies shall be in form following, in to wit: I do solemnly swear, or affirm, that I will faithfully execute all lawful processes issued under the authority of the State of Rhode-Island and Providence Plantations, and to me directed and delivered, and true returns make, and in all things well and truly and without malice or partiality perform the duties of the office of sheriff of the county of (or deputy-sheriff as the case may be) during my continuance in said office, and take my lawful fees only; so help me God, or-this affirmation I make and give upon peril of the penalty of perjury and the sheriffs shall have the power of revok- May reing any deputations by them given, provided such revocation be entered in the book for recording deputations as aforesaid. SEC. 4. And be it further enacted, That every sheriff shall May apbe authorized to appoint a special deputy for the service cial depuof any writ or process to him directed, provided the same ty. be done upon the back of such writ or process, and such deputy be sworn before any judge or justice of the peace, duly and faithfully to execute said writ or process, and the same be certified by said judge or justice under such deputation.

voke deputations.

point spe

neglect of

SEC. 5. And be it further enacted, That each and every Liable for sheriff shall be responsible and accountable for any neg, deputies, lect or misfeasance in office of his deputies or jailer: and &c. that in all cases where any person shall be entitled to an

To attend courts, &c.

Penalty for refusing to

serve a

writ.

May com

action for any neglect or misfeasance in office of any deputy-sheriff or jailer, he shall have his election to bring the same either against the sheriff himself or against such deputy or jailer.

SEC. 6. And be it further enacted, That it shall be the duty of the sheriffs to attend the general assembly, and also the supreme judicial court, and the courts of common pleas and courts of general sessions of the peace, when holden in their several counties.

SEC. 7. And be it further enacted, That if any sheriff, deputy-sheriff, town-sergeant or constable, shall neglect or refuse to serve any process issuing from lawful authority, directed to him to serve and execute, having in all civil causes paid or tendered unto him his legal fees (if he demand the same) for serving and executing such process, every such sheriff, deputy-sheriff, town-sergeant, or constable, shall forfeit and pay to the party aggrieved such damages as he may have sustained by such neglect or refusal.

SEC. 8. And be it further enacted, That every sheriff, demand aid. puty-sheriff, or other officer in the due execution of his office, be and he hereby is empowered to command all necessary aid and assistance in the execution of his said office; and if any person when so required shall refuse or neglect to give such aid and assistance, he shall forfeit and pay, as a fine to and for the use of the State, a sum not exceeding twenty dollars, to be recovered by indictment before any court of competent jurisdiction.

Deputies may act after the

their prin

SEC. 9. And be it further enacted, That in case of the death of any sheriff, his deputy or deputies and jailer shall death of continue in office, unless removed as herein provided, and cipal. shall execute the same in the name of the deceased, until another sheriff shall be appointed and sworn or affirmed, Their neg- and have given bond as before prescribed; and the neglect to be a lect or misfeasances of such deputy and deputies and jailthe sher- er, in the mean time, as well as before, shall be a breach iff's bond. of the condition of the bond given as before directed by

breach of

the sheriff who appointed them; and the executors or administrators of such deceased sheriff shall have the like remedy for the defaults and misfeasances in office of such deputy or deputies and jailer, during such interval, as they would have been entitled to if such sheriff had continued in life and in the exercise of his office, until his successor was appointed and duly qualified: and every sheriff who shall not be re-elected when his term of office expires, or

ciate until

whose office shall become vacant by resignation or remo- Sheriff val into any other county within this State, or without the may offisame, shall have power notwithstanding to officiate as such successor until his successor shall be duly qualified to act; and his be qualideputy, deputies and jailer shall also have power to ex- Also his ercise their respective offices during such period.

fied.

deputies.

the sched

SEC. 10. And be it further enacted, That it shall be the Sheriffs to duty of the sheriffs to furnish the general assembly, when distribute sitting in their respective counties, with copies of the ules, &c. laws and other proceedings of the general assembly, which shall from time to time be transmitted to them, as by law provided; and also to deliver commissions, proclamations, schedules and all other public acts to the persons to whom directed in their respective counties, without expence to the State.

&c. to at

SEC. 11. And be it further enacted, That it shall be the Sheriff, duty of the sheriff of the county of Providence, with so tend commany of his deputies as may be necessary (at least four) menceto attend the celebration of the annual commencement of ment. Brown University in this State, and to preserve peace and good order and decorum during the same.

may re

SEC. 12. And be it further enacted, That the supreme ju- Courts dicial court, and the court of common pleas, in their re-move depspective counties, on complaint to them made, shall be au- uties. thorized to remove any deputy-sheriff or jailer for misdemeanor in office.

SEC. 13. And be it further enacted, That when judgment Execution shall be rendered against any person holding the office of against sheriff, sheriff, the execution issued thereon shall be directed to how to be the sheriff (or his deputies) of some other county in this served. State, who is hereby authorized to levy on the goods and chattels of the defendant as in other cases, and to proceed and sell the same according to law; and for want thereof, such sheriff or his deputy shall take the body of the defendant and him commit to the jail in the county where such committing officer belongs.

buried.

SEC. 14. And be it further enacted, That when any per- Prisoners son imprisoned for debt, or any other cause, shall die in dying how any jail in this State, it shall be the duty of the jailer to deliver the body of such deceased person to his relations or friends, if they request it; and if no application be made for such body, it shall be the duty of the jailer to bury the same in the common burying-ground; and the expences thereof shall be paid by the town in which such person had a legal settlement, if within this State, otherwise,

Dead body

to be ta

ken.

the expences aforesaid shall be paid out of the general treasury.

SEC. 15. And be it further enacted, That the body of any not liable deceased shall not be liable to be taken upon any person process whatever; and if any officer aforesaid shall, by virtue of any process, seize or take the body of any such deceased person, he shall, upon conviction before the supreme judicial court or court of general sessions of the peace, within the county wherein such offence shall have been committed, be fined not exceeding five hundred dollars, or be imprisoned not exceeding six months, at the discretion of the court.

Former
keepers of

jails to de-
liver up
papers,
&c.

Keepers of jails to deliver pa

SEC. 16. And be it further enacted, That all persons who have heretofore been keepers of the jails in this State, be and they are hereby authorized and required to deliver to the sheriffs of the respective counties in which they were keepers of jails, all the books, notes, bonds, obligations and other papers in their possession, pertaining to the office of jailer, and in case of refusal so to deliver the same on demand, the delinquent shall forfeit and pay the sum of fifty dollars.

SEC. 17. And be it further enacted, That all persons who now are or hereafter may be keepers of jails in this State, pers, &c. be and they are hereby authorized and required, on their ceasing to hold said office, to deliver to the sheriffs of the respective counties in which they are or shall be keepers of jails, all books, bonds, notes obligations and other papers in their possession, pertaining to said office of jailer, and on refusal to deliver the same on demand, shall forfeit and pay, to and for the use of the State, the sum of fifty dollars.

Sheriff to

hand over

SEC. 18. And be it further enacted, That all books, notes, papers, bonds, obligations and other papers, which the sheriffs &c. to his shall receive pursuant to this act, shall by them be deliv

successor.

Jailers to

make list

ered over to their respective successors in office, as papers and documents pertaining thereto, and on refusal to deliver the same on demand, shall forfeit and pay, to and for the use of the State, the sum of fifty dollars.

SEC. 19. And be it further enacted, That it shall be the of crimi- duty of the several keepers of jails as aforesaid, to keep a nals, &c. book, in which shall be entered the names of all criminals committed under the laws or authority of this State, the times of their commitment, the times when they are discharged, and the manner in which they are discharged, as well as the circumstances attending their discharge.

general

SEC. 20. And be it further enacted, That the several keep- And reers of the jails aforesaid, shall report in writing, once in port to the every year, on the first Monday of October, to the general treasurer. treasurer of this State, the names of all such criminals committed as aforesaid, the times of their commitment, the times when they are discharged, the manner in which, as well as the circumstances attending their discharge; and shall also furnish the general treasurer with the list And delivof all notes and obligations taken in behalf of the State, and shall deliver the said notes and obligations over to him, once in every year, on the first Monday of Octo

ber.

er notes,

An act allowing Interest on Judgments and Executions in cer- 1820. tain cases.

.

allowed

SECTION 1. Be it enacted by the General Assembly, and by the Interest authority thereof it is enacted, That upon all judgments ren- on judgdered by the courts of common pleas and supreme judi- ments. cial court in this State, for debt or damages to the amount of twenty dollars or upwards, on which executions shall be issued, and the defendant or defendants shall be committed to jail, interest on such debt or damages, at the rate of six per cent. per annum, shall be computed, and received, from the return day of such executions to the time when such judgments shall be satisfied and discharged.

execution

ment.

SEC. 2. And be it further enacted, That it shall be the Clerks to duty of each clerk of the courts of common pleas and su- note on the preme judicial court, to make a memorandum in the mar- the time gin of each execution issued upon any judgment recover- of judged in any of said courts, for twenty dollars or upwards for debt or damages, noting the last day of the term at which such judgment was rendered, to the end that interest on such executions may be computed from said last day; but in case such judgment was rendered on any bond giv- On prison en by a prisoner for the liberty of the prison limits, it shall bonds. be the duty of such clerk to note in the margin of the execution thereon, that said judgment was rendered on such bond, and no interest on any such execution shall be collected.

Sheriff to

SEC. 3. And be it further enacted, That it shall be the duty of each and every sheriff, deputy-sheriff and town-ser- collect the geant, charged with the service of any execution issued interest. for twenty dollars or upwards debt or damages, from the

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