The Newhampshire gazetteer — Exeter, N.H., 1792-09-28 00:00:00, page 1

Newhampfhire
of 1 — _ —
^Xy^Eß^fff"^ 4 ™^^ print ed and Published by HENRY RANLET, at Nine Shillings per annum.
BE it enabled by the Senate
and Houle of Reprejen
tatives in General- Court con
vened, That the fheriff of
each county in this state
shall have power to appoint
a deputy or deputies under
him, for whole condud in
office he shall be accounta
ble, and shall, by himfelf or
deputy, serve and execute
within his county, all writs
and precepts to him direct
ed, issuing from lawful au
thority.
And be it further enabled,
That the fheriff of each
county shall have the custo
dy, rule,keeping and charge
of the gaol or gaols in his
county, and prisoners there
in, and shall keep the fame
either by himfelf or his de
puty, for whom he shall be
answerable, and shall give
fufficient security, in a sum
not exceeding three thousand
pounds, nor less than one
thousand pounds, to the ac
ceptance of the justices of
the court of common-pleas,
in the fame county, to the
treasurer of this state for
the time being,for the faith
ful preformance of the du
ties of his office, in all parts
thereof. And no fheriff
hereafter to be appointed,
shall be considered as quali
fied to perform the duties
of his office, until he shall
have given such security as
aforefaid.
And be it further enabled.
That if any fheriff, deputy
fheriff or constable shall
neglect to serve any precept
issuing from lawful author
ity, directed . unto such
Prescribing the duty and re
gulating the office of fheriff.
Puffed Feb 8, 1791.
LA W S
' tate of
New-Hampshire.
FRIDAY, September 28, 1792.]
An ACT
And be it further enabled,
That every fheriff, deputy
fheriff' or other officer, in
the execution of his office,
for the preservation of the
peace, or for apprehending
or securing any person or
persons for violating the
fame, or for any other cri
minal matter or cause, be,
and hereby are empowered
to require suitable aid and
assistance in the execution
of his said office ; and if
any person when so required
shall neglect or refufe to
give such aid and assistance,
such perlon on conviction
thereof, before any justice
of the peace, shall be fined
to the use of the town where
the offence is committed a
sum not exceeding forty
shillings, and if unable to
pay,fhall be set in the stocks
not exceeding four hours.
And be it further enabled,
That if any person not be
ing a fheriff, deputy-fheriff
or other officer, whose duty
it is to keep the peace, or
apprehend persons for vio
lating the fame, shall falfe
ly pretend to be any or ei
ther of said officers, and
shall prefumeTo aft as such,
or to require any other per
son or persons to aid or
fheriff, deputy-fheriff or
constable, and delivered un
to him to serve and execute,
having in all civil causes
tendered unto him his legal
fees for serving and execut
ing the fame, every such
fheriff, deputy-fheriff or
constable shall forfeit and
pay the sum of ten pounds
to any person who will sue
for the fame, or in case of
neglect of any person to
sue therefor, within three
months after such default
or neglect of duty of such
fheriff, deputy-fheriff or
constable, then the fame
may be recovered by indict
ment,at any time within one
year then afterwards—in
which case the whole fine
or forfeiture beforemention
ed shall be for the use of the
county.
THE
assist him in any matter or
thing belonging to the duty
of a fheriff, deputy-fheriff
or other such officer so as
sumed as aforefaid, he shall,
upon conviction for any
such offence, forfeit and pay
a fine not exceeding one
hundred pounds, according
to the nature and circum
ftanccs of his offence, at the
diferetionof the court before
whom the convidion shall
be, one moiety of which fine
shall be to the use of the
county in which the offence
is committed, and the other
moiety to him or them who
will sue for the fame in any
court of common-pleas.
And bl it further enabled,
That the fheriffs of the re
fpedive counties in this
state shall be accountable to
the treasurer of this state,
and the treasurers of the
refpedive counties for all
fines and forfeitures, set and
imposed by the court of gen
eral-sessions of the peace,and
the superior-court of judica
ture accruing to the said
state, and the several coun
ties refpeffively,and the said
fheriff shall immediately on
the receipt of such fine or
forfeiture, or immediately
upon his voluntarily, or
negligently permitting any
prisoner on whom the fame
was set or imposed to elcape,
pay the fame, when for the
use of said state, to the trea
surer thereof, and when for
the use of any county to the
treasurer thereof, and upon
his neglect or refufal so to
do, he shall forfeit and pay
treble the amount of such
fine or forfeiture, on action
brought by the treasurer, to
whom the fame was payable,
with double costs of fuit,and
such negledl of payment,
notwithstanding such re
covery by action, shall be,
considered as a good ground
of removal of such fheriff
from office. And the clerks
of the refpedive courts shall,
immediately upon the ris
ing of each of the said courts,
make out a lift, and attest
Gazetteer.
[Numb. 13 of Volume 7.
the fame, of all such fines
and forfeitures, and deliver
the fame to the fheriff, and
a like attested lift to each of
said treasurers of the fines
and forfeitures to them re
fpedively payable ; & when
it shall appear to the court
of general-sessions of the
peace in any county, that
the fine, forfeiture or costs,
for which any person shall
be committed to the custody
of the fheriff, hath not and
can not be recovered of such
person, they shall certify
the refpedive treasurers
thereof, and such certificate
shall bar any prosecution
therefor by either of said
treasurers. And if any clerk
shall neglect his duty here
in, he shall forfeit the sum
of five pounds to any person
who will sue for the fame,
in any court of common
pleas, to the sole use of the
person suing.
And be it further enabled.
That the fheriff of each
county shall annually lay
before the justices of the
court of general- sessions of
the peace, his account for
all services done by himfelf
or deputies for dispersing
venires, proclamations, and
for all other fervices,by law
to be paid out of the coun
ty treasury, and such allow
ance shall be made him as
justice may require, and no
account for any lervice of
any fheriff or deputy-fheriff,
after the passing of this aft,
shall be considered as good
against the county, unless
the account of such service
be presented within one year
from the time of perform
ing said services, provided
the court of general-sessions
of the peace shall have been
open to receive the fame.
^nd be it further enacted.
That if any fheriff or depu
ty fheriff, shall, on demend
make, refute to pay the cre
ditor in any execution, all
such sums of money as the<
said fheriff or deputy fhall^
have received bn such exe-m
cution, he (hall forfeit an; ^