ties 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.

SEC. 25. 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.

SEC. 26. 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. 27. 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 the state, the times of their commitment, the times when they were discharged, and the manner in which they were discharged, as well as the circumstances attending their discharge.

SEC. 28. 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 fifty dollars.

SEC. 29. All books, notes, bonds, obligations and other papers, which sheriffs shall receive pursuant to this chapter, shall by them be delivered over to their respective successors in office, as papers and documents pertaining thereto; and any sheriff refusing to deliver the same on demand shall be fined fifty dollars.

SEC. 30. 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. 31. The keepers of the jails in the several counties shall, on or before the second day of each term of the supreme court in their respective counties, report to said court in writing the name of every person in custody at the suit of the state; the cause for which he was committed, the time of commitment, and by what

court or magistrate, and, as far as he can ascertain, the time and place of birth, and previous residence of each prisoner, whether married or not, whether he has children or not, and where his family reside.

SEC. 32. Any deputy sheriff or jailer may be removed for misdemeanor in office, by the supreme court, or court of common pleas, sitting in the county to which such officer belongs, upon complaint made.

CHAPTER 174.

OF THE KEEPER OF THE JAIL IN THE COUNTY OF PROVIDENCE.

SECTION

1. Warden of state's prison, ex officio keeper of jail in Providence.

2. His bond as keeper.

3. His compensation.

4. Underkeepers and assistants of, how appointed and compensated.

5. Deputy keeper, from whom selected, his powers, and keeper's liability for, and bond from.

6. Duty and liability of keeper as to persons committed to his jail.

7. Duty of, as to persons temporarily committed to his care, for transfer to another county and proceedings in case of.

8. Form of process, &c., in county of Providence, to be varied to meet provisions as to said jail.

SECTION 1. The warden of the state's prison shall be keeper of the jail in the county of Providence, and shall be liable for the safekeeping of all persons committed to his custody.

SEC. 2. He shall, before entering upon the duties of his office, or that of warden, give bond to the state in the sum of five thou sand dollars, distinct from his bond as warden of the state's prison, with sureties satisfactory to the inspectors of the state's prison, for the faithful execution of his office according to law.

SEC. 3. His compensation shall be included in his compensation as warden of the state's prison.

SEC. 4. He may appoint, subject to approval by the inspectors of the state's prison, such, and such number of underkeepers and assistants, either distinct from or being also employed as officers and assistants in the state's prison, and with such compensation, as said inspectors may approve.

SEC. 5. He may select from such underkeepers and assistants, a

deputy keeper of said jail, who, 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 from him, bond with sureties, for his indemnity.

SEC. 6. He 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 shall commence, immediately upon the entering and signing of the commitment by the committing officer, in the book of said jail kept for that purpose.

SEC. 7. He shall receive and keep safely all such prisoners as may be temporarily committed to his keeping whilst being transferred from one county to another, under direction of the supreme court. The officer having charge of such prisoners shall certify their commitment and discharge upon the books of said jail, and the warrant of such officer left with the jailer during such prisoner's detention, shall be a sufficient protection to him therefor.

SEC. 8. 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. 9. All fees that may accrue to the keeper of said jail shall be credited to the state in his account of credits and disbursements, and also the amount of money received for board of persons committed to his charge.

SEC. 10. Upon suits brought for breach of the keeper's bond, 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 the damages assessed.

SEC. 11. If the original action be brought on said bond, or scire facias be sued out upon the judgment thereon, 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. 12. In general, all the duties and liabilities incumbent upon jailers in other counties, shall be incumbent upon said keeper, unless otherwise expressly or by necessary implication provided.

SEC. 13. Whenever said keeper shall be ordered by writ of habeas corpus to bring a prisoner confined in said jail before any court, it shall be the duty of said keeper to produce such prisoner before the court issuing such writ, who shall order such prisoner into the custody of the sheriff or other officer attending the said court, and thereupon the custody of said keeper shall cease, until such prisoner shall be again conducted to said jail by order of the court before whom such prisoner shall be brought.

SEC. 14. Said keeper shall be removable by the inspectors of the state's prison at pleasure.

SEC. 15. In case of vacancy in the office of keeper, by death, resignation or otherwise, and until the bond of the new keeper is given, the sheriff of the county of Providence shall be ex officio keeper of the jail in the county of Providence, and shall be entitled to receive such compensation as belongs to such office.

SEC. 16. Whenever any person shall cease to hold said office of keeper, he shall deliver to his successor in 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 fifty dollars.

SECTION 1. Whosoever shall be legally chosen to the office of town sergeant and shall refuse to serve therein shall pay a fine of seven dollars to and for the use of the town, to be levied and collected, upon conviction, by warrant of distress issued by any justice of the peace of such town, said warrant to be directed to the sheriff' of the county or his deputy; and no person shall be obliged to serve in said office oftener than once in seven years.

SEC. 2. Each town sergeant shall, at the time of his being sworn into office, give bond with sufficient sureties to the town treasurer in the sum of seven hundred dollars, and each constable in the sum of three hundred dollars, for the faithful performance of the duties of their respective offices.

SEC. 3. Town sergeants and constables may and shall serve and execute, in any town of the county to which they belong, all writs, summons and other processes to them directed, and which by law may or ought to be served and executed by town sergeants and constables, unless otherwise specially provided.

SEC. 4. If any 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 cases, paid or tendered unto him his legal fees, if he demand the same, for serving and executing such process, every such town sergeant or constable shall

be liable to the party aggrieved for such damages as he may have sustained by such neglect or refusal.

SEC. 5. Every town sergeant and constable in the due execution of his office, 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 be fined not exceeding twenty dollars.

SEC. 6. Any person injured by the breach of any town sergeant's or constable's bond, may commence an action thereon in the name of the town treasurer of the town, for his own use, under like circumstances, and in the same manner, and subject to the same provisions, as he might do in the name of the general treasurer upon a bond given by the sheriff, if he were injured by the breach thereof.

TITLE XXVI.

Of Actions and Process.

CHAPTER 176. Of actions.

CHAPTER 177. Of the limitation of actions.

CHAPTER 178. Of the forms of writs.

CHAPTER 179. Of the plaintiff's surety and the service of writs.

CHAPTER 180. Of arrests and taking bail.

CHAPTER 181. Of attachments.

CHAPTER 182. Of the attachment of property of foreign corporations and of corporate stock.

CHAPTER 183. Of foreign attachment.