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things well and truly, and without malice or partiality, perform the duties of the office of sheriff of the county of
(or, deputy sheriff or jailer, as the case may be) during my continuance in said office, and take my lawful fees only; and I do further solemnly swear (or affirm) that I will support the constitution and laws of said state, and the constitution of the United States ; so help me God—(or, this affirmation I make and give upon peril of the penalty of perjury :) and sheriffs shall have the power of revoking any deputation by them given, provided such revocation be entered in the book for recording deputations as aforesaid.
Sec. 5. Every sheriff shall be authorized to appoint a special deputy for the service of any writ or process to him directed; provided the same be done upon the back of such writ or process, and such deputy be sworn before any judge, justice of the peace or notary public, duly and faithfully to execute said writ or process, and the same be certified by said judge, justice or notary under such deputation.
Sec. 6. Every sheriff shall be responsible and accountable for any neglect or misfeasance in office of his deputies or jailer; and in all cases where any person shall be entitled to an 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 appointing him or against such deputy or jailer.
Sec. 7. It shall be the duty of the sheriffs to attend the general assembly, and also the supreme court and the courts of common pleas, when holden in their several counties. SEC. 8. 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. 9. Every sheriff, deputy sheriff, town sergeant, constable, or jailer, in the due execution of his office, is hereby 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.
Sec. 10. In case of the death of any sheriff, his deputy
or deputies and jailer shall continue in office, unless removed as herein provided, and shall execute the same in the name of the deceased, until another sheriff shall be appointed and sworn, and have given bond as before prescribed ; and the neglect or misfeasance of such deputies and jailer in the mean time, as well as before, shall be a breach 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 the deceased sheriff would have been entitled to if he had continued in life and in the exercise of his office until his successor was appointed and duly qualified ; and every sheriff whose office shall become vacant by resignation or removal into any other county, shall have power notwithstanding to officiate as such, until his successor shall be duly qualified to act; and his deputies and jailer shall also have power to exercise their respective offices during such period.
SEC. 11. It shall be the duty of the sheriffs to furnish the general assembly, when sitting in their respective counties, with copies of the 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 ; and they shall be allowed for delivering said commissions, proclamations, schedules and other public acts, the sum herein specified, annually, to wit: the sheriff of Newport, twelve dollars; the sheriff of Providence, twenty-five dollars ; the sheriff of Washington, fifteen dollars ; the sheriff of Bristol, six dollars ; the sheriff of Kent, ten dollars.
Sec. 12. It shall be the duty of the sheriff of the county of Providence, with so many of his deputies as may be necessary, (at least four,) to attend the celebration of the annual commencement of Brown University, and to preserve peace and good order and decorum during the same.
SEC. 13. The supreme court and the court of common pleas in their respective counties on complaint, to them made, shall be authorized to remove any deputy sheriff or jailer for misdemeanor in office.
SEC. 14. When judgment shall be rendered against any person holding the office of sheriff, the execution issued thereon shall be directed to the sheriff (or his deputies) of some other county, who is hereby authorized, within the county of
the sheriff defendant, to levy on the goods and chattels of the defendant as other officers in other cases, and to proceed and sell the same according to law : and for want thereof, such deputy or sheriff shall take the body of the defendant and him commit to the jail in the county where such committing officer belongs.
Sec. 15. When any person imprisoned for debt or any other cause shall die in any jail, it shall be the duty of the jailer, after an inquest has been held on the body of such deceased person, to deliver said body 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 expenses thereof shall be paid out of his estate, if any there be, and if none, then by the town in which such person had a legal settlement, if within this state; otherwise the expenses aforesaid shall be paid out of the general treasury.
Sec. 16. The body of any deceased person shall not be liable to be taken upon any process whatever; and if any officer shall, by virtue of any process, seize or take the body of any deceased person, he shall, upon conviction, be fined not exceeding five hundred dollars, or be imprisoned not exceeding six months, at the discretion of the court.
Sec. 17. Every person who now is, or hereafter may be, the keeper of any jail, except the jail in the county of Providence, is hereby authorized and required, on his ceasing to hold said office, to deliver to the sheriff of the county in which he is or shall be the keeper of the jail, all books, bonds, notes, obligations and other papers in his possession, pertaining to said office of jailer ; and on refusal to deliver the same on demand, shall be fined the sum of fifty dollars.
Sec. 18. All books, notes, bonds, obligations and other papers, which sheriffs shall receive pursuant to this act, shall by them be delivered over to their respective successors in office, as papers and documents pertaining thereto ; and on refusal to deliver the same on demand, shall be fined the sum of fifty dollars.
Sec. 19. It shall be the duty of the several keepers of jails, to keep a 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.
Sec. 20. The several keepers of the jails shall report in writing once in every year, on the first Monday of October,
to the general treasurer, 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 a list of 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 October.
Sec. 21. The building adjoining the state prison built for the keeper's house, and the building adjoining said house to the eastward thereof, is hereby ordained and declared to be the jail for the
county of Providence. Sec. 22. The warden of the state prison shall be the keeper of the jail for the county of Providence, and shall be liable for the safe keeping of all prisoners committed to his custody; and shall give bond to the state separate and distinct from his bond as warden of the state prison, with two or more sureties satisfactory to the general treasurer, in the penal sum of fifteen thousand dollars ; conditioned for the faithful execution of his said office according to law; and in default of the warden of said state prison giving bond, his appointment as such warden shall be void ; and the sheriff of the county of Providence shall in such case be ex officio keeper of said jail and warden of the state prison, until another warden shall be appointed and qualified according to the provisions of this act and other acts which relate to said office : Provided however, that said sheriff shall not be required to give bond as warden of said state prison.
Sec. 23. Upon suits brought for breach of said bond given as provided in the preceding section of this act, judgment shall be rendered for the whole penalty thereof, and execution shall issue for the amount of the special damage sustained ; which judgment in case of other breach or breaches shall be, from time to time, revived by writs of scire facias, and execution shall issue for damages as aforesaid : Provided however, if the original action be brought, or scire facias sued out, for the benefit of an individual or corporation, such individual or corporation shall first have the damages ascertained by an action against the keeper of the jail aforesaid ; and execution shall issue as aforesaid in the name of the state, for the use of the party in interest; and the name of the party for whose use the original writ or scire facias is brought shall be written thereon.
Sec. 24. The keeper of said jail shall receive into his custody and safely keep in said jail every person who shall be
committed thereto, until he shall be legally discharged therefrom ; and the liability of the committing officer shall cease, and the liability of said keeper commence, immediately upon the entering and signing of the commitment by the committing officer on the book of said jail, kept for that purpose. And the form of all process, writs, and executions, to be served within the county of Providence, shall be so varied by the court or magistrate issuing the same, as to carry into effect all the provisions in relation to said jail.
Sec. 25. It shall be lawful for said keeper to compel any convicts committed to said jail, to operate the force pump for the supply of the said jail and the state prison with water ; or to raise the same into the cistern or reservoir erected for that purpose ; under the advice and direction of the inspectors of the state prison or any two of them.
Sec. 26. The keeper of said jail is hereby empowered, by and with the consent and approbation of two inspectors of the state prison, to appoint a deputy keeper of said jail ; and every such deputy keeper for the time being shall have all the powers and discharge all the duties of keeper; and the keeper shall be liable for all his acts, and may require bond with sureties for his indemnity ; but such deputy shall, in no case, be entitled to receive any compensation from the state for his services as deputy.
Sec. 27. Whenever any person shall cease to hold the office of keeper of the said jail in the county of Providence, he shall deliver to his successor in said office, all books, bonds, notes, obligations and other papers in his possession, pertaining to said office; and on refusal to deliver the same on demand, shall be fined the sum of fifty dollars.
Sec. 28. The keeper of said jail may employ, with his consent, any person committed to the said jail, in any labor in said jail, in the basement story of the building connecting said jail with the state prison, and in the yard around said prison; under such regulations as the inspectors of the state prison for the time being may, from time to time, prescribe ; and no person while so employed, or while going to or from the place of employ, shall, by such act, be deemed to have committed an escape ; but shall be deemed to be in the custody of said keeper in said jail.
Sec. 29. The keeper of the jail in the county of Providence shall receive and safely keep all such prisoners as may temporarily be committed to his keeping while being transferred from one county to another, under direction of the supreme court. The officer having charge of such prisoners