The Kansas herald of freedom., 1858-03-13
1 Be adjadgsd 4 breach Of ths b0nd Of suoh


sheriff.
SEC. 73. Any action fer the default or
misconduct of any sheriff. his under-Bher-
il, jailor, or any of his deputies, may be
prosecuted against the executors OF ad-
ministrstoS Of such sheriff.
SEC. "a. Every paper required By law
to be served on the sheriff, may be served
on him in person, or left at bis Office dur
ing business hours.
SEC. 70. No sheriff, under-sheFif, or
deputy, shall appear or advise SIS attor-
ney and counselor in any case in any
court.
SEC. rs. Whenever any. sheriff shall
neglect to make due return of any writ OF
process delivered to him to be executed,
or shall be guilty of any default or mis-
conduct in relation thereto, he shall be Il
able 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 parties sggrieved.
SEC. u. No sheriff shall, directly or In
directly, ask, demand, or 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 aggrieved, and on being fined
in sum of not less than twenty-five
dollars, and not more than two hundred
dollars.
SEC .78. A coroner shall be elected in
each county for the term of two years,
who shall, before he enter upon the du-
ties of his Office, give bond to this terri
tory in such penal sum not less than ive-
hundred nor more than FIVE thousand dol
lars, with sufficient sureties, not less than
two, as the county treasures 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 fled
with the clerk of the probate court of the
proper county.
SEC. 70. When there shall be no sheriff
in the county organized for judicial pur-
poses, 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 commit
ted to the jail of his county, the coroner
shall be keeper thereof during the time
the sheriff shall remain prisoner therein.
Sec. so. Every coroner shall serve and
execute process every kind, and perform
all other duties Of the sheriff, when the
sheriff shall be party to the case, or
whenever affidavit shall be made and
fled, as provided in the succeeding sec
ton, and in all such cases he shall exer-
else the same power and proceed in the
same manner as prescribed for the sheriff
in the performance of similar duties.
Sec. 81. Whenever any party, his agent
or attorney, shall make and file with the
clerk of the propePcourt an affidavit stat
ing that he believes the sheriff of such
county will not, by reason of either par
tiality, prejudice. consanguinity or inter-
est, faithfully perform his duties in any
suit commenced or about to be commenc-
ed 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. S2. A county treasurer shall be
elected in each county for the term of two
years, and shall, before he enters upon
the discharge of his duties, execute tothe
county board of supervisors of his county
"a bond of three or more sufficient sureties,
to be approved by such board and in such
penal sum as they shall direct, which
bond, with the appreciation of the board
endorsed thereon by their clerk, shall be
fled within, and in case the board of su-
peryisors shall not be in session in time
for any eountH treasurer to present his
bond for their approval, as above speci-
fed, or he shall be unable for any cause
to present his bond at any regular meet
ing of the board after due notice of bis
election, then it may be lawful for such
treasurer to present his bond to the chair
man and clerk of said board for their ap-
proval, and their approval endorsed there
on shall have the same effect as if done
by the board of supervisors, and in such
cases where the board shall not have fixed
the penal sum of such bond, it shall not
be less than twice the amount of all mo-
nies directed by the board to be levied
upon their county, and TO be paid to such
treasurer during the year.
SEC. So. The condition of such bond
shall be in substance as follows Where
as, the above bounden was elect
ed to the Office of county treasurer of the
coynty of -, on the - day OF
- Now, therefore, the condition OF
this obligation is such that if the said
, and his deputy, and all persons
employed in his Office, shall faithfully
and properly execute the duties of said
Office, and If the said ---- shall pay ac-
eording to law ali monies which shall
come to his hands as treasurer, and will
render just and true account thereof
whenever required by the said board Of
supervisors, or by any provision of law,
and shall deliver over to his successor in
Office, orsto any other person authorized
by law to receive the same, all monies,
books, papers and other things appeFtain-
ing or belonging to his said Office, then the
above obligation to be void, otherwise to
be in full force and effect.
SEC. "a. The county treasurer may ap-
point deputy who, in the absence of the
treasurer from his Office, OF in case of va
osncy in said Office for any disability Of
the treasurer to perform the duties Of his
Office, may perform all the duties of the
Office Of treasurer until such vacancy be
filed or such disability removed.
SEC. 50. In case the cEfice Of county
treasurer shall become vacant, or the treas
urer shall from any cause be incapable Of
dischsrging ths duties of his Office, the
county board OF supervisors mag, il in
their opinion the interests Of the county
require 1t, appoint a suitable person to per-
form the duties Of such treasurer, and the
persen so appointed, upon giving bond
with the like surefies and condition a
that required in county treasurer bonds
and IN such sum as said board shall d.
rect, shall be Invested with all the duties
Of suchl treasurer, until such vacancy
shall be filled or such disability be re-
moved
SEu. ss. No person holding the ofics
r,g sheriff nudge of ufobate. county atfof-