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for the same shall be in writing and delivered to the clerk, and it shall be the duty of the board of commissioners, at each session thereof, to examine the book in which county orders or warrants are entered, and ascertain to whom any county order or warrant issued by their authority shall have been delivered; and if the county clerk shall have delivered any order or warrant to any person except as herein provided, he shall be liable to the county therefor, and the amount of such order or warrant shall be deducted out of any fees, emoluments, or indebtedness due to such clerk from the county.

ARTICLE IV.

SHERIFFS.

Sec. 52. Sheriff elected for two years and to give bond.
Sec. 53. Form and condition of bond.

Sec. 54. Sheriff to appoint under-sheriff.

Sec. 55. Sheriff to appoint deputies.

Sec. 56. Appointment to be in writing and filed in office of county

clerk.

Sec. 57. Sheriff to have charge of jail and prisoners.

Sec. 58. To execute all processes and attend court.

Sec. 59. Sheriff to preserve peace and suppress affrays.

Sec. 60. To deliver to successor jail and other property of the

county.

Sec. 61. To execute processes received before removal or expiration

of term.

Sec. 62. When misconduct of deputy breach of bond.

Sec. 63. Action for breach of bond may be prosecuted against

executor or administrator.

Sec. 64. Paper to be served on sheriff may be left at his office.
Sec. 65. No sheriff to advise as attorney.

Sec. 66. Liable to fine for not serving process.
Sec. 67. Liable to fine for receiving illegal fee.

Sec. 52. A sheriff shall be elected in each county organized for judicial purposes, for the term of two years, and who shall, before he enter upon the duties of his office, execute to this territory a bond with at least three sufficient securities, in such penal sum not less than five thousand dollars, nor more than fifty thousand dollars, as the judge of the probate court and county clerk shall specify and approve; said bond, when thus approved, to be filed in the office of said clerk; and no person shall be received as surety

who is not worth at least two thousand dollars, over and above his just debts: Provided, That no person shall be elected sheriff for more than two terms in succession.

Sec. 53. follows:

The condition of such bond shall be in substance as

Whereas, The above bounden office of sheriff of the county of

was elected to the day of

on the

Now, the condition of this obligation is such, that if the said shall well and faithfully perform and execute the duties of the office of sheriff of said county of during his continuance in office, by virtue of said election, without fraud, deceit, or oppression, and shall pay over all moneys that may come into his hands as sheriff, and shall deliver to his successor all writs, papers, and other things pertaining to his office, which may be so required by law, then the above obligation shall be void; otherwise to be and remain in full force and effect.

Sec. 54. The sheriff of each county shall, as soon as may be, after entering upon the duties of his office, appoint some proper person under-sheriff of said county, who shall also be a general deputy, to hold during the pleasure of the sheriff; and as often as a vacancy shall occur in the office of such under-sheriff, or if he become incapable of executing the duties of said office, another shall in like manner be appointed in his place.

Sec. 55. Each sheriff may appoint such and so many deputies as he may think proper, for whose official acts and those of his under-sheriff he shall be responsible; and may revoke such appointments at his pleasure; and persons may also be deputized by such sheriff or under-sheriff, in writing, to do particular acts; and the sheriff and his sureties shall be responsible on his official bond, for the default or misconduct of his under-sheriff and deputies.

Sec. 56. Every appointment of an under-sheriff, or of a deputysheriff, and every revocation of such appointment, shall be in writing, under the hand of the sheriff, and shall be filed in the office of the clerk of the county; but this section shall not extend to any person who may be deputized by any sheriff or under-sheriff, to do a particular act only.

Sec. 57. The sheriff shall have charge and custody of the jails in his county, and of the prisoners in the same, and shall keep them himself or by his deputy or jailer, for whose acts he and his surities shall be liable.

Sec. 58. The sheriff, in person, or by his under-sheriff or deputy, shall serve and execute, according to law, all processes, writs, precepts, and orders issued or made by lawful authority, and to him directed; and shall attend upon the several courts of record held in his county.

Sec. 59. It shall be the duty of the sheriff and under-sheriff and deputies to keep and preserve the peace in their respective

counties, and to quiet and suppress all affrays, riots, and unlawful assemblies and insurrections, for which purpose, and for the service of process in civil and criminal cases, and in apprehending or securing any person for felony or breach of the peace, they, and every coroner and constable, may call to their aid such person or persons of their county as they may deem necessary.

Sec. 60. Whenever a new sheriff shall be elected and shall have qualified as required by law, the former sheriff shall, upon demand, deliver to him the jail and other property of the county, and all prisoners in such jail, and all writs, processes, orders, and other papers belonging to such office and in his possession, or the possession of his under-sheriff or deputies, except as provided in the next succeeding section; and, upon delivery thereof, such new sheriff shall execute to the former sheriff a receipt therefor.

Sec. 61. Sheriffs, under-sheriffs, and deputies may execute and return all such writs and processes as shall be in their hands at the expiration of their term of office, or at the time of their removal from office, which they shall have begun to execute by service, levy, or collection of money thereon.

Sec. 62. Any default or misconduct in the office of deputysheriff or jailer, after the death, resignation, or removal of any sheriff by whom he was appointed, shall be adjudged a breach of the bond of such sheriff.

Sec. 63. Any action for default or misconduct of any sheriff, his under-sheriff, jailer, or any of his deputies, may be prosecuted against the executors or administrators of such sheriff.

Sec. 64. Every paper required by law to be served on the sheriff may be served on him in person, or left at his office during business hours.

Sec. 65. No sheriff, under sheriff, or deputy, shall appear or advise as attorney or counsellor in any case in any court.

Sec. 66. Whenever any sheriff shall neglect to make due return of any writ or process delivered to him to be executed, or shall be guilty of any default or misconduct in relation thereto, he shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal-such fine, however, not to exceed two hundred dollars-and also an action for damages to the party aggrieved.

Sec. 67. No sheriff shall, directly or indirectly, ask, demand, or receive, for any service to be by him performed in the discharge of any of his official duties, any greater fees than are allowed by law, on pain of forfeiture of treble damages to the party aggrieved, and of being fined in a sum not less than twenty-five dollars and not more than two hundred dollars.

ARTICLE V.

CORONER.

Sec. 68. Coroner to be elected and give bonds.

Sec. 69. Coroner to exercise power of sheriff in certain cases. Sec. 70. To execute process when sheriff a party.

Sec. 71. To serve process when sheriff prejudiced or related to party in suit.

Sec. 72. To hold inquest-when and how.

Sec. 73. To summons jurors and administer oaths.
Sec. 74. May issue subpoenas and punish for contempt.
Sec. 75. Oath to witnesses.

Sec. 76. To reduce testimony to writing.

Sec. 77. Form of verdict.

Sec. 78. To be kept secret—when.

Sec. 79. Coroner may order arrest.

Sec. 80. May issue warrants of arrest.

Sec. 81.

Warrant of equal authority with justice's.

Sec. 82. What warrant to contain.

Sec. 83. What to return to district court.

Sec. 84. To have body buried and expense paid.

Sec. 85. When justice to act as coroner.

Sec. 86. When to summon surgeon to inquisition.

Section 68. A coroner shall be elected in each county for the term of two years, who shall, before he enter upon the duties of his office, give bonds to this territory in such penal sum, not less than five hundred dollars, nor more than five thousand dollars, with sufficient sureties, not less than two in number, as the county treasurer shall direct and approve, the condition of which bond shall be in substance the same as that given by the sheriff, such bond to be filed with the clerk of the proper county.

Sec. 69. When there shall be no sheriff in the county organized for judicial purposes, it shall be the duty of the coroner to exercise all the powers and duties of the sheriff of his county until a sheriff be elected and qualified; and when the sheriff, from any cause, shall be committed to the jail of his county, the coroner shall be keeper thereof during the time the sheriff shall remain prisoner

therein.

Sec. 70. Every coroner shall serve and execute processes of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to a case, or when affidavit shall be made and filed, as provided in the succeeding section; and in all such

cases he shall exercise the powers and proceed in the same manner as prescribed for the sheriff in the performance of similar duties. Sec. 71. Whenever any party, his agent, or attorney, shall make and file with the clerk of the proper court an affidavit, stating that he believes that the sheriff of such county will not, by reason of either partiality, prejudice, consanguinity, or interest, faithfully perform his duties in any suit commenced, or about to be commenced, in said court, the clerk shall direct the original or other process in such suit to the coroner, who shall execute the same in like manner as the sheriff might or ought to have done.

Sec. 72. The coroner shall hold an inquest upon the dead bodies of such persons only as are supposed to have died by unlawful means, or the cause of whose death is unknown. When he has notice of the dead body of any person supposed to have died by unlawful means, the cause of whose death is unknown, found or being in the county, it shall be his duty to summon, forthwith, six citizens of the county to appear before him at a time and place named.

Sec. 73. If any juror fail to appear, the coroner shall summon the proper number from by-standers immediately, and proceed to impanel them, and administer the following oath in substance:

You do solemnly swear (or affirm) that you will diligently inquire, and true presentment make, when, how, and by what means the person whose body lies here dead came to his death, according to your knowledge and the evidence given you. So help you God.

Sec. 74. The coroner may issue subpoenas within his county for witnesses, returnable forthwith, or at such time and place as he shall therein direct; and witnesses shall be allowed the same fees as in cases before a justice of the peace; and the coroner shall have the same authority to enforce the attendance of witnesses, and to punish them and jurors for contempt in disobeying his processes, as a justice of the peace has when his process issues in behalf of the territory.

Sec. 75.

WITNESS'S OATH.

An oath shall be administered to the witnesses in attendance, as follows:

You do solemnly swear that the testimony which you shall give to this inquest concerning the death of the person here lying dead, shall be the truth, the whole truth, and nothing but the truth. So help you God.

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