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of preference.

the county, or if none is published therein, then by written notice posted at the front door of the county court house, stating therein that he is ready to pay such warrants. From the first publication or posting of such notice such warrants shall cease to draw interest.

Sec. 61. In advertising warrants, under the pro- Same. visions of the preceding section, in any newspaper, the treasurer need not publish the warrants in detail, but give notice only that county warrants presented for payment prior to such a date, stated in the notice are payable. When a part only of the warrants presented for payment on the same day are payable, the treasurer must designate such payable warrants in the advertisement.

Sec. 62. Warrants drawn on the treasurer, and warrants, order properly attested, are entitled to preference as to payment out of moneys in the treasury properly applicable to the payment of such warrants, according to the priority of time in which they were presented. The time of presenting such warrants must be noted by the treasurer, and upon receipt of money into the treasury not appropriated, he must set apart the same, or so much thereof as is necessary for the payment of such warrants.

Sec. 63. Should such warrants not be again pre- Failure to presented for payment within thirty days from the time rants. the notice hereinbefore provided for is given, the fund set aside for the payment of the same must be, by the treasurer, applied to the payment of unpaid warrants next in order of registry. The board of county commissioners may, on application and presentation of warrants, properly endorsed, which have been advertised, make an order, directing the treasurer to pay them out of any moneys in the treasury not otherwise appropriated.

Sec. 64. When the treasurer pays any warrants Interest pay. upon which any interest is due, he must note on the rant to be noted. warrant the amount of the interest paid thereon, and enter on his account the amount of such interest, distinct from the principal.

Sec. 65. The treasurer must settle his account re- Monthly settlelating to the collection, care, and disbursement of pub-urer. lic revenue of whatsoever nature and kind, with the auditor, on the first Monday of each month. For the purpose of making such settlement, he must make a

sent called war

registrvication ich hav

ment on war.

ment of treas.


erty received price the same wath the amo

of treasurer.

county attorney

count or pay over money to county.


statement, under oath, of the amount of money or other property received prior to the period of such settlement, the sources whence the same was derived, the amount of payments or disbursements, with the amount remaining on hand. He must, in such settlements, deposit all warrants redeemed by him, and take the auditor's receipt therefor. He must also make a full settlement of all accounts with the auditor, annually, on the second Monday of January.

Sec. 66. Each county treasurer must make a deDetailed report tailed report whenever required so to do by the county

commissioners at any regular or special meeting of the board of county commissioners of his county, of all money received by him, and the disbursement thereof, and of all other proceedings in his office, so that the receipts into the treasury and the amount of disbursements, may clearly and distinctly appear.

Sec. 67. If the county attorney refuse or neglect Action against to account for and pay over money received by him, as who fails to ac- required by this act, the county treasurer must bring

an action against him for the recovery thereof in the name of the county, and may recover in such action, in addition to the amount so received, twenty per cent. thereon by way of damages.

Sec. 68. If the coroner, or any justice of the Same against peace, acting as coroner fail to deliver to the treas

6. urer, within thirty days after an inquest upon a dead body, any money or property found upon such body, unless claimed in the meantime, by the administrator of the estate of such person, or other legal representatives of the decedent, as required by this act, the county attorney must proceed against the coroner or justice of the peace acting as coroner, to recover the same, by civil action, in the name of the county.

Sec. 69. The treasurer, upon receiving from the Disposal of coroner, or justice of the peace acting as coroner, erty found on money found on a dead body, must place it to the credit

of the county. On receiving other property, in like manner, he must, within ninety days, sell it at public auction, upon reasonable public notice, and must, in like manner, place the proceeds to the credit of the county. All said moneys must be kept in a separate fund.

Sec. 70. If the money in the treasury is demanded Claim for deced- within six years, by the legal representatives of the within six years. decedent, the treasurer must pay it to them, after de

coroner or ju tice of the peace.

money or prop

dead body.

ent's money

loan State or county money.

pended pending

cial misconduct.

ducting the fees and expenses of the coroner and of the county, in relation to the matter, or the same may be so paid at any time thereafter upon the order of the board of county commissioners.

Sec. 71. The county treasurer must safely keep Treasurer not to all moneys belonging to this State, or to any county of cou this State, until disbursed according to law. He shall not loan the same and he shall be liable therefor on his official bond.

Sec. 72. Whenever an action, based upon official Treasurer sus.. misconduct, is commenced against any county treas-action for ofti. urer, the commissioners may in their discretion, suspend him from office until such suit is determined, and may appoint some person to fill the vacancy, who shall qualify and give such bond as may be required by the board of county commissioners.

Sec. 73. In case of the death of any county treasur-Delivery of er, his legal representative must deliver up to the person etc., at death of appointed to fill the vacancy occasioned by such death, all the official moneys, books accounts, papers and documents which come into their possession.

Sec. 74. The books, accounts and vouchers of the Treasurer's treasurer are at all times subject to the inspection and examination. examination of the board of county commissioners, county attorney, county auditor and grand jury.

money, papers,


books subject to


o notice defined.

Duties of sheriff.

Sec. 75. “Process," as used in this act, includes Process and all writs warrants, summons, and orders of the courts of justice, or judicial officers. “Notice,” includes all papers and orders (except process) required to be served in any proceeding before any court, board, or officer, or when required by law to be served independently of said proceedings.

Sec. 76. The sheriff shall:
1. Preserve the peace.
2. Make all lawful arrests.

3. Attend in person or by deputy all courts organized under the laws of the State except justices and police courts, held within his county, and obey their lawful orders and directions.

4. Command the aid of as many male inhabitants of his county as he may think necessary in the execution of these duties.


5. Take charge of and keep the county jail and Duties of sherift. the prisoners therein.

6. The jailor shall receive and safely keep all persons duly committed to his custody, and shall file and preserve all commitments by which persons are committed, and keep a register of each—the name, age, place of birth, particularly describing the person, in a book kept for that purpose.

7. Male and female prisoners shall not be kept in the same room, and females shall be under the supervision of a suitable matron, who shall be appointed by the sheriff.

8. The common jails in the several counties of the State shall be kept by the sheriffs of the counties in which they are respectively situated, and shall be used as follows:

First. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases.

Second. For the detention of persons charged with crime and committed for trial.

Third. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law.

Fourth. For the confinement of persons sentenced to imprisonment therein upon a conviction of crime.

9. Persons committed on criminal process, and detained for trial, persons convicted and under sentence, and persons committed upon civil process must not be kept or put in the same room, nor shall male and female prisoners, except husband and wife, be kept or put in the same room.

10. A sheriff or jailor upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to the prisoner, with a note thereon of the time of its service. For neglect to do so he is liable to the prisoner for all damages occasioned thereby.

11. The sheriff, when necessary, may with the assent in writing of the district judge, employ a temporary guard for the protection of the county jail, or for the safe keeping of prisoners, the expenses of which are a State or county charge, as the case may be.

12. The sheriff must receive all persons committed to jail by competent authority, and provide them


with necessary food, clothing, and bedding, for which Duties of sheriff. he shall be allowed a reasonable compensation, to be determined by the board of county commissioners, and, except as provided in the next section, to be paid out of the county treasury.

13. Whenever a person is committed upon process in a civil action or proceeding, except when the people of this State are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing, and bedding, or to detain such person any longer than the expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of court.

14. Release on the record all attachments of real property when the attachment placed in his hand has been released or discharged.

15. Endorse upon all process and notices the year, month, day, hour and minute of reception, and issue therefor, to the person delivering it, upon payment of fees, a certificate showing the names of the parties, title of paper, and the time of reception.

16. Serve all process and notices in the manner prescribed by law.

17. Certify under his hand, upon process or notices, the manner, time and place of service, or if he fails to make service, the reason of his failure and return the same without delay.

Sec. 77. When the process or notices are return- Process return. able to another county, he may inclose such process county. or notice in an envelope addressed to the officer from whom the same emanated, and deposit it in the postoffice, prepaying postage.

Sec. 78. The return of the sheriff upon process or Sheriff's return notices is prima facie evidence of the facts in such re- dence. turns stated.

Sec. 79. If a sheriff does not return a process or sheriff liable notice in his possession, with the necessary endorse- turn process ment thereon, without delay, he is liable to the party aggrieved for all damages sustained by him.

Sec. 80. If the sheriff, to whom a writ of execution is delivered, neglects or refuses, after being re-failure to leven. quired by the creditor, or his attorney, the fees having tion.

able to another

prima facie evi

for failure to re

without delay.

Liability of sheriff for failure to levy on writ of execu

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