The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1849-11-22


his proper county. He shall also take
an oath to support the constitution of tho
United States and the provisions Of ;!ie
act Of Congress organizing The Terrific
ry of Minnesota and faithfully and dill
gently to perform the duties of sheriff'
and tax collector during his continuance
in office and said oath shall be subscrib-
ed 10 and certified en- the back Of has
certificate of election, and filed aid re-
corded in the office of register of deeds
of his county.
S4. All persons duly elected sher-
if in this Territory shall be qualified as
prescribed by law at the regular session
of the board of County Commissioners
in January next succeeding the day Of
their election
s 5. The sheriff of each county
shall, as soon as may be, after he has
qualified appoint under his hand and seal
some proper person deputy sheriff who
is hereby empowered to do and per-
form all the duties deyolying on the shsr-
if of the county and the sheriff shat be
responsible for the acts Of his deputy.
and may remove said deputy at pleasure:
and in case of the death or removal
of any deputy sheriff, the sheriff shall
forthwith appoin: another person to the
Office But no deputy sheriff shall en-
ter upon the duties of his office until he
has taken an oath TO support the consti-
tuition of the Uuited States and the pre-
visions of the organic act of the Teri
tory Of Minnesota and TO perform the
duties of his Office faithfully, impartially.
and 20 the best of lis ability, which osth
shall be subscribed on the back Of his
appointment and filed and recorded in
the office of the register Of deeds of
the proper county.
s 6. Every sheriff shall have the
custody of the jails and prisons of his
county, and the prisoners in the :; me.
and shall appoint keepers Thereof foc
F whose conduct he shall be responsible
and whom he may remove at pleasure,
+ and no sheriff or deputy-sherif can
hold any ether civil office, except mar
shall and deputy-marshal nor be allowed
r to practice law in any court of whici,
they are officers.
r =. 1t shall he the duty Of the
sheriff to keep and preserve the peace
in their respective counties for which
purpose they are empowered to call 10
their aid such persons or power OF their
respective counties as they may deem
81 necessary; they shall also pursue and
apprehend all telons; they shall execute
all warrants, writs, aud other process
from a justice of the peace. or the clerk
of the district court which shall be d..
rected to them by legal authority; they
6 shall attend at the sessions of the dis
s trict court and of the board of County
Commissioners; they shall serve or post
up all notices they may receive froIG the
board Of Commissioners or from the re-
gister of deeds; they shall give notice
of special election when notified by
the register Of deeds, and shall! notify
the board of Commissioners, when any
vacancy happens in the office of register
of deeds shall collect the county reye-
nue.. and pay over to the county Treas
nrer, all sums so collected, and take his
receipt therefor, which receipt shall be
sufficient voucher for the board 81
Commissioners to cancel the amount Of
such assessment roll charged in Their
books against said collector; and shall
keep lis office at the county seat, and
shall generally do and perform all and
singular the duties which are or NAV
hereafter be authorized by law to be per-
, formed by sheriff or tax collector.
Y s g. In case of the office of sheriff
becoming vacant by death, resignation
t or otherwise, it shall be the duty of the
n deputy sheriff to give notice thereof 20
n the board of County Commissioner of
: the proper county who shall forthwith
g appoint some suitable person to be shcr-
u if of the county during the unexpired
e term, or until the next general election
d s 8. Every sheriff to whom any
writ shall be delivered in the county
J, where it is to be executed, shall if re-
= CURED by the person deliveringthc same,
: give to such person q certificate under
his hand without charge, wherein the
: names of the parties and the day of de-
livering the writ shall be mentioncd.
TO- If any sheriff shall fail 10 set
y tie with and pay over to the board of
County Commissioners according to law
any money which he may have collected
Il or received, belonging to such county Or
S shall neglec; or refuse to pay over any
II money he may have collected by virtue of
G any execution or process, or shall wilfIl-
II y neglect his duties to the injury Of said
:, board or any person or persons, 1t may
It be lawful for the said board of Com
: missioners or such person or persons en-
y titled to receive the same, or NAV have
been injured as aforesaid. to proceed a.
, gainst such sheriff in summary way
u before the district court by motion, by
giving such sheriff three days notice of
such application and recover the amount
due or damage done with twenty per
cent. damages thereon, for such neglect.
and shall have execution thereto with
costs, and may proceed against such
: sheriff and his securities for such de-
II linquency upon his bond of Office: Pro-
vlded, that in all such cases, if the sfer-
= Iff shall paw or satisfy the amount claim