The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-01-10

officer as aforesaid or by the successor OF such Marshal
or Sheriff as aforesaid of all deeds or other instruments
Of conveyance.
SECTION is, The Marshal and the respective SherfS
shall file all warrants mtmuSSeS processes and other
official papers or the atteSted copeS of them by which
any prisoner shall have been committed or liberated
and they shall be safely kept in suitable box or safe
and upon the DEATH resignation removal from office
OF such Marshal or Sheriff. shall be delivered together
with all other official records papers and journals to his
successor or to any other officer person duly APP
pointed receive them; and default of such delivery
such Marshal Sheriff If living may be held liable for
embezzlement provided by Section of Chapter
NIII OF the Penal Code and shall also be cvilly liable
in damages to any person persons who shall be in
jurpd by such nondevery If such Marshal or Sheriff
shall be dead such civil liability shall attach to his
personal representatives and the suretes upon his Off
cal bond jointly and severaly, In addition to such
civil liability as aforesaid such Marshal or Sheriff. or
their personal Representatives and srees their Off
cal bonds shall forfeit and pay for each suchdeau
delivery the OF two hundred dollars to be recovered
for the use of the public treasury
SECTION H. All process of any Court OF Record shall
he addressed the Marshal to any Sheriff their
deputies except aS may be otherwise provided by law,
and shall be the duty OF the Marshal or Sheriff. and
their deputies to execute the same at their peril ac
cording the thereof and they shall be liable
for any damages resulting from the execution OF such
process
SECTION IS The Marshal. any Sheriff Deputy Sheriff.
or other police officer may decline levy upon or sell
the alleged property of any person against whose goods
and effects execution other similar writ may issue.
unless the party benefciay interested in such writ
SHALL upon request. tender to such officer sufficient
bond OF indemnity against the claims OF third parties
SECTION 49, The respective Sheriffs shall quarterly.
render in duplicate true and temzed account of all
fees fines and other money which they shall have re-
ceved by virtue of their office copy of which shall
be forwarded to the AttorneyGeneral and to the
Marshal by whom respectively such reports shall be
filed and preserved
SECTION 20 The Marshall SHALL quarterly render to
the Attomeyenera true and itemized account of the
whole amount OF money received by him. in which
statement the moneys received his own use and bene
fit shall be stated separately from those received to the
use account OF the Government of private par
ties He shall in like manner and at ke.nteryals as
well as at any other time when the Attorney-General
shall request. report to the Attorney General CON
cernng such other matter apperaining to the admins
tratiOn OF the Police Department the AttOmeyGen
eral may deem proper
SECTION 81 Any Court of Record may inquire by
proceedings OF Quo Va1antO into the validity OF the
appointment claim by which any person shall here
after hold claim to hold exercise the functions
receive enjoy the privileges emoluments of the
Office OF Marshal Sheriff Deputy Sheriff any other
Office hereinbeore provided for The proceedings upon
such inquiry shall conform nearly as may be to the
forms prescribed IN the case of writ of quo IFa7uno
to person who claims usurps office in corporation
as provided by Chapter XXXIX OF the Session Laws of
1876 Such proceedings may be instituted by either the
Attoney-General in his official capacity or by any
private person having any interest in such inquiry
SECTION % The Marshal Sheriffs and all Police
Officers who shall be in office when this Act shall be-
come law shall continue in office subject its pro-
visions
SECTION % This Act shall be law from and after
the date OF its approval Sections 257 274 inclusive
and Sections 276 and 27 OF the Civil Code An Act en-
titled An ct the he