The Hawaiian gazette., 1888-07-10

SECTION l6 The Marshal and the respective SherttS
shall file all warrants mittmuseS processes and other
official papers or the atteSted copies 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 or removal from ONCE
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 to receive them and in default of such deEv
ery, such Marshal or Sheriff, if living, may be held
liable for embezzlement, provided by Section Chap
ter XVIII of the Penal Code and shall also be cvilly
liable in damages to any person or persons who shall be
injured by such non-delivery. If such Marshal or
Sheriff shall be dead such civil liability shall attach to
his personal representatives and the suretes upon his
official bond Jointly and severaly In addition to such
civil liability as aforesaid such Marshal or Sheriff or
their personal representatives and suretes their
official bonds shall forfeit and pay for each such default
in delivery the sum of two hundred dollars to be recov
cred for the use of the public Treasury.
SECTION L. All process of any of record shall
be addressed to the Marshal to any Sheriff their
deputies except as may be otherwise provided by law
aud it shall be the duty of the Marshal Sheriff and
their deputies to execute the at their peril accord
ing to the tenor thereof and they shall not 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 to levy upon sell
the alleged property of any person against whose goods
and effects an execution or other similar writ may
issue unless the party benefcially interested in such
writ shall upon request tender to such officer suf-
cient bond of indemnity against the claims of third
parties
SECTION 49, The respective Sherfs SHALL quarterly,
render in duplicate true and itemized account of all
fees fines and other money which they shall have
ceiyed by virtue of their Office copy of which shall
be forwarded to the Attorney General and one to the
Marshal by whom respectively such reports shall be
filed and preserved
SECTION 90 The Marshal shall, quarterly, render to
the Acknowledgement true and temized account of
the whole amount of money received by him, in which
statement the moneys received to his own use and
benefit shall be stated separately from those received to
the use or on account of the Government of private
parties He shall in like and at like intervals,
as well as at any other time when the
shall request report to the Attorney con-
cernng such other matters appertainng to the admin
istration of the Police Department the Attorney
General may deem proper.
SECTION 81 Any Court of Record may inquire, by
proceedings of quo warranto. into the validity OF the
appointment or claim by which any person shall here
after hold or claim to hold exercise the functions
or receive enjoy the privileges emoluments of the
office of Marshal Sheriff, Deputy Sheriff, any other
office herenbefore provided for The proceedings upon
such inquiry shall conform nearly may be to the
forms prescribed in the case of writ of quo warranto
to person who claims usurps office in corpora
ton, as provided by Chapter xxx of the Session
Laws Of 1876 Such proceedings be instituted by
either the AttorneyGeneral in his official capacity
by any private person having any interest in such IN
quiry
SECTION % The Marshal Sherffs, and all police
officers who shall be office when this Act shall be
come law shall continue in office subject to its pro-
visions
SECTION 90 This Act shall be law from and after
the date Of its approval Sections 2j7 to pa inclusive
and Sections 276 and 277 of the Civil Code an Act en-
titled An Act transfer the supervision of the police
and executive officers Of the law from the Department
of Interior that of the Attorney General approved
May L. 1868 and all other laws and parts of laws IN
IL