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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

recorded. 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,

wing iff, &c. 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 revoca-voke de

putations. tion 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 dial depu: of 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.

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

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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 de

puty or jailer. To attend Sec. 6. And be it further enacted, That it shall be the ducourts, &c.

ty of the sheriffs to attend the general assembly, and also the supreine judicialcourt, and the courts of common pleas and courts of general sessions of the peace, when holden

in their several counties. Penalty Sec. 7. And be it further enacted, That if any sheriff, defor refus

& puty-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 re

fusal. May com- 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 indict

ment before any court of competent jurisdiction. Deputies. Sec. 9. And be it further enacted, That in case of the may act after the death of any sheriff, his deputy or deputies and jailer shall

of continue in office, unless removed as herein provided, and their principal. *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 neg

to be a lect or misfeasances of such deputy and deputies and jailbreach of the sher- er, in the mean time, as well as before, shall be a breach ifr’s bond. of the condition of the bond given as before directed by

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

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whose office shall become vacant by resignation or remo-Sheriff val into any other county within this State, or without the may offen same, 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 hi ercise their respective offices during such period. deputies.

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

the schedsitting 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. Sec. 11. And be it further enacted, That it shall be the Sheriff,

&c. to atduty of the sheriff of the county of Providence, with so te many of his deputies as may be necessary (at least four) menceto attend the celebration of the annual commencement of Brown University in this State, and to preserve peace and good order and decorum during the same.

Sec. 12. And be it further enacted, That the supreme ju- Courts dicial court, and the court of common pleas, in their re-move de spective 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 agains 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.

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

buried. 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,

keepers of

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the expences aforesaid shall be paid out of the general

treasury. Dead body Sec. 15. And be it further enacted, That the body of any not liable deceased person shall not be liable to be taken upon any to be taken. 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. Sec. 16. And be it further enacted, That all persons who

de bave heretofore been keepers of the jails in this State, be liver up and they are hereby authorized and required to deliver papers, &c.

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. jails to deers of

DEC.

Sec. 17. And be it further enacted, That all persons who liver pa- now are or hereafter may be keepers of jails in this State, pers, &c. be and they are hereby aụthorized 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

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 delivered over to their respective successors in office, as pa. pers 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. Jailers to Sec. 19. And be it further enacted, That it shall be the make list ist

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.

oks, bonds, notebey are or shall fritis of the

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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, no and shall deliver the said notes and obligations over to him, once in every year, on the first Monday of October.

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

tain cases. .

SECTION 1. Be it enacted by the General Assembly, and by the Interest authority thereof it is enacted, That upon all judgments ren- allowed

op 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.

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

execution preme judicial court, to make a memorandum in the mar- the time gin of each execution issued upon any judgment recover- of judg.

ment. ed 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.

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

interest.

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