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Term two years.
probate judge and county clerk.
to issue subpoenas, to be attested by the clerk of the court, to
SEC. 65. A sheriff shall be elected, in each county organized Bond approved by for judicial purposes, for the term of two years, and who shall, before he enters 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 three thousand dollars nor more than twenty thousand dollars, as the judge of the probate court and county clerk shall specify and approve; said bond, when thus apNo surety to be proved, to be filed in the office of said clerk, and no person shall be received as a surety who is not worth at least two thousand dollars over and above all just debts.
worth less than
Condition and form of bond.
Appointment of under sherig
In case of a vaeancy.
Misfeasance of deputy.
SEC. 66. The condition of such bond shall be, in substance, as follows: "Whereas, the above bounden,
to the office of sheriff of the county of
; now the condition of this obligation is such that if
SEC. 67. The sheriff of each county shall, as soon as may be
SEO. 68. Whenever a vacancy occurs in the office of sheriff of any county, the under sheriff of such county shall, in all things, execute the office of sheriff until a sheriff shall be elected and qualified, and any default or misfeasance in office of such under sheriff, in the mean time as well as before such vacancy, shall be deemed to be a breach of the condition of the bond given by the sheriff who appointed him, and also a breach of the condition of the bond executed by such under sheriff, to the sheriff by whom he was appointed.
more than one
deputy, but res-,
ponsible for their acts.
SEC. 69. Each sheriff may appoint such and so many deputies May appoint as he may think proper, for whose official acts, and those of his under sheriffs, he shall be responsible, and may revoke such appointment at his pleasure, and persons may also be deputed by such sheriff or under sheriff, in writing, to do particular acts, and the sheriff and his sureties shall be responsible, in his official bond, for the default or misconduct of his under sheriff and dep
revocation of un
der sheriff to be in
SEC. 70. Every appointment of an under sheriff, or of a Appointment and deputy sheriff, 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 probate court of the county, but this section shall not extend to any person who may be deputized by any sheriff or under sheriff to a particular act only.
of jails and pri
SEC. 71. The sheriff shall have the charge and custody of the Sheriff has charge jails of his county, and of the prisoners in the same, and shall soners. keep them himself or by his deputy orjailor, for whose acts he and his sureties shall be liable.
cess and attend
SEC. 72. The sheriff, in person or by his under sheriff or dep- Shall serve proutics, shall servo and execute, according to law, all processes, court. 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.
suppress riots and
SEC. 73. It shall be the duty of the sheriffs and of their under Keep the peace. sheriffs and deputies to keep and preserve the peace in their mobs. respective counties, and to quiet and suppress all affrays, riots, mobs, unlawful assemblies and insurrections, for which purpose, and for the service of process in civil or 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 power of their county as they may deem nec
SEC. 74. Whenever a new sheriff shall be elected and shall have [been] 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 that of his under sheriff or deputies, except as provided in the next succeeding section, and, upon delivery thereof, such new sheriff shall exccute to the former sheriff a receipt therefor.
SEC. 75. Sheriffs, under sheriffs and deputies, may execute and return all such writs and processes as shall be in their hands at the
Deliver up castody of jail, &c., to new sheriff when
May excente and partially served,
return all process
Sheriff's security responsible for deputy or jailor.
Executors and ad
ministrators may be prosecuted.
Process against sherif, how served
Cannot counsel or advise as attorney
Liable to fine by court for neglect.
Fine not to exceed two hundred dollars.
Shall not receive
greater fees than
expiration of their office, or at the time of their removal from office, which they shall have begun to execute by service, levy or the collection of money thereon.
SEC. 76. Any default or misconduct in office of any deputy sheriff or jailor, 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. 77. Any action for default or misconduct of any sheriff, his under sheriff, jailor or any of his deputies, may be prosecuted against the executors or administrators of such sheriff.
SEC. 78. 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.
Sne. 79. No sheriff, under sheriff or deputy, shall appear or advise as attorney or counsellor, in any case in any court.
SEC. 80. 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. 81. No sheriff shall, directly or indirectly, ask, demand or Allowed by law; receive, for any service or acts, 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 forfeiting treble damages to the party aggreived, and on being fined in a sum not less than twenty-five dollars, and not more than two hundred dollars.
Term two years.
Bond five hundred
by county trea
SEC. 82. A coroner shall be elected in each county for the dollars, approved term of two years, who shall, before he enters upon the duties of his office, give bonds to this Terrritory in such penal sum, not less than five hundred and not more than five thousand dollars, with sufficient sureties, not less than two, 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.
When coroner ta act as sherif
SEC. 83. 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 shall be elected and qualified, and when the sheriff, for any cause, shall be committed to the jail of his county, the
coroner shall be keeper thereof during the time the sheriff shall Coroner to have remain a prisoner therein.
SEC. 84. Every coroner shall serve and execute process of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to the case, or whenever affidavit shall be made and filed as provided in the succeeding section, and in all such cases he shall exercise the same powers, and proceed in the same manner as prescribed for the sheriff in the performance of similar duties.
custody when sheriff imprisoned
shall serve pa
pers when sheriff
dice, interest or kindred, coroner
SEC. 85. Whenever any party, his agent or attorney shall Upon complaint make and file with the clerk of the proper court, an affidavit stat- sheria of prejuing that he believes 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. 86. The coroner shall hold an inquest upon the dead Coroner to hold bodies of such persons only as are supposed to have died by unlawful means. Where he has notice of the dead body of a person, supposed to have died by unlawful means, found or being in his county, he is required to issue his warrant to a constable of his county, requiring him to summons forthwith six lawful men of the county to appear before the coroner, at a time and place named in the warrant.
quest: form and substance.
SEC. 87. The warrant may be in substance as follows: "Ter- Warrant for inritory of Kansas, -county, to any constable of said county. In the name of the Territory of Kansas, you are hereby required to summon, forthwith, six lawful men of your county, to appear before me, at, (name the place) on, (name the day and hour, or say forthwith,) then and there to hold an inquest upon the dead body of there lying, by what means he died. Witness my -, A. D. 18-. Signed A. B., Cor
cute warrant of coroner.
SEC. 88. The constable shall execute the warrant and make Constable to exereturn thereof at the time and place therein named.
SEC. 89. If any juror fails to appear, the coroner shall cause Jury vacancies the proper number to be summoned or returned from the bystanders immediately, and proceed to empannel them and admin
Oath of jurors.
Subpoenas, witnesses fees, attendance, &c.
Oath of witness.
Testimony to be in writing and subscribed.
Verdict, form and substance.
tested by coroner.
ister the following oath in substance. Oath. "You do solemnly
SEC. 90. 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 has the same authority to enforce the attendance of witnesses, and to punish them and jurors for contempt in disobeying his process as a justice of the peace has when his process issues in behalf of the Territory.
SEC. 91. An oath shall be administered to the witnesses in substance 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."
SEC. 92. The testimony shall be reduced to writing, under the coroner's order, and subscribed by the witnesses.
SEC. 93. The jurors, having inspected the body, heard the tesTo be signed by timony and made all needful inquiries, shall return to the coroner their inquisition in writing under their hands in substance as follows, and stating the matters in the following form suggested as far as found: "Territory of Kansas,
upon the body of
county. An inqui
county, on the day of
or a person unknown there, lying dead, by the jurors whose names are hereto subscribed, the said jurors upon their oaths do say, (here state when, how, by what person, means, weapon or accident he came to his death, and whether feloniously.) In testimony whereof, the said jurors have hereunto set their hands, the day and year aforesaid," (which shall be attested by the coroner.)
When verdict se- SEC. 94. If the inquisition find a crime has been committed on the deceased, and name the person whom the jury believes has committed it, the inquest shall not be made public until after the arrest directed in the next section.