The Kansas herald of freedom., 1858-03-13

oss9 s1iouoy III LIB cttAOaat IN W 5AsS
the. peFsen paying the same, duplicate
receipts, one of which shall be filed by
such person with the county treasurer.
yu SEc. 81. Whenever required by the
grand jury of any court sitting within his
Icounty it shall be the duty of theeounty
Iattoraeyto attend them for the purpose of
examiking witnesses in their presence, or
of giving thsm advice IN any legal matter,
and to issue subpenas and other process to
bring up witnesses and draw bills of indict-
/ ment. aesiu
SEe So. It shall be the duty of each
county attorney upon information being
given him that any person has violated
i'aBy of tbs provisions of the election laws,
20 adopt effectual measures for the con-
vietien Of suehpeEson.
SEc So. The several county attorneys
are hereby authorized oissue subp@nas
to be attested by the clerk of the court, to
compel the attendance of witnesses before
a grand jurysof said court, CT in any Grim
| inal action . be tried in said court.
SEC. so. a sheriff shall be elected in
each county organized for judicial purpos-
es, for the term of two years, and who
shall before he enters upon the duties of
| his Office, execute to this Territory bond
with at least three sufficient sureties, being
freeholders, in such penal sum, not less
| than three thousand dollars, as the Judge
of the probate court and clerk may specify
and approve, said bond, when thus ap-
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 thou
sand dollars over and above all Just debts.
SEC. 81. The conditions of such bond
shall be in substance as follows
"Whereas, the ABOVE bounden --- was
elected to the office of sheriff of the coun-
ty Of on the -- day of ----, !,
Now. the condition of this obligation is
such that If the said shall well
and faithfully in all things perform and
execute the duties of sheriff of the said
county of -, during his continuance
| in Office, by virtue of the said election,
without fraud, deceit or oppression, and
shall pay over all moneys that may come
| into his hands as such sheriff, and shall
deliver to his successors all writs, papers,
and other things pertaining to his Office
which may be so required by law, then the
obove obligation shall be void, otherwise
to be in full force and effect"
SEC. 81. Before such bond shall be ap-
| proved an affidavit shall be endorsed
therein or attached thereto, stating that
each surety named therein is freeholder
| within the territory, and is worth at least
| two hundred dollars over and above all
debts, which affidavit shall be subscribed
by each surety, and taken and certified
before some officer authorized to admins
ter oaths.
SEC. 63. The sheriff of each county
shalL as soon as may be after entering up
on the duties of his Office, appoint some
proper person under the sheriff of said
| county who shall also be general depu-
ty to hold during the pleasure of the
sheriff, and so often as vacancy shall
occur in the Office of such under-sheriff,
or he become incapable of executing the
same, another shall in like manner be ap-
pointed in his place.
SEC. 64. Whenever vacancy shall oc-
cur in the Office of sheriff of any county,
the underasheriff of such county shall IN
| all things execute the Office of sheriff un-
| til sheriff shall be elected and qualified,
and any default or misfeasance in Office of
such under-sherif in the meantime as
well as before such vacancy, shall be
deemed to be breach of the condition
of the bond given by the sheriff who ap-
pointed him, and also a breach of the
! condition of the bond executed by such
under-sheriff to the sheriff by whom he
was appointed.
SEC. So. Each sheriff may appoint such
and SO many deputies as he may think
proper, for whose official acts and those
of his under-sherif he shall be response
BILE, and may revoke such appointment at
his pleasure, and persons may also be de-
putied by such sheriff or under-sherif, In
writing. to Idol 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 depu-
ties. -H
SEC. sc. Every appointment of under
sheriff or of a deputy sheriff, and every
revocation Of such appointment shall be
in writing under the hands of the sheriff,
and shall be fled in the Office Of the clerk
of the probate court of the county, but
this section shall not extend to any per-
son who may be deputied by any sher-
iff or under-sherif to g particular act
only.
SEC. 81. The sheriff shall have the
charge and custody of the jails of his
county and of the prisoners in the same,
and shall keep them himself, or by, his
deputy or jailor, for whose act he and his
sureties shall be liable. f..,
SEe. 6S. The sheriff in person, or by
his under-sherif or deputies, shall serve
and execute according to law all process,
wriLs, prscepts and orders issued or made
By lawful authority and to him directed,
and shall attend upon the probate court
| held in his county during its session.
! SEC. So. It shall be the duty Of sher-
ifs and of their under-sheriffs and depu-
i ties to keep and preserve the peace of
| theiE respective counties, and to quiet and
suppress all, sffrays, routs, Iriots, mobs,
unlawful assemblies and instructions, for
which purpose and for the service of pro-
cess in civil or criminal cases, and In ap-
/ pretending or securing any person for
felony or. breach of the peace, they and
every coroner and constable may call te
1 their aid such person or power OF their
county as they may deem necessary.
SEC. 90. Whenever new sheriff shall
be elected and shall have qualified as re-
quired by law, the former sheriff shall, mp
/ on demand, deliver to him the jail and
ether property of the county, and al pris-
/ oY,1rs IN sF.eh isiIs and all Frrifs rrocesS