For the county of Plymouth, six hundred dollars: cancy in office SECT. 38. If the office of treasurer becomes vacant by the death, Treasurer, varemoval from the county, or incapacity, of the treasurer, or otherwise, of, how filled. the commissioners shall appoint some suitable person resident in the R. S. 14, § 46. county to fill the vacancy. The person so appointed, upon being sworn and giving bond, shall be treasurer until another is elected and qualified in his stead. money as com SECT. 39. The treasurer, except where provision is otherwise made to pay over by law, shall pay all money received by him for the use of the county, missioners dias the commissioners shall direct. rect. SECT. 40. At the close of each year he shall render his account to the county commissioners and account with them for all received money and paid by him in behalf of the county, and when the account is ap- R. S.14, §§ 35, 51. proved and allowed, it shall be delivered by him to the clerk of the 1847, 199. commissioners. If the treasurer neglects to perform the duty required of him by this section, he shall forfeit fifty dollars. no further a8sessments to be lowed. SECT. 41. No further assessment shall be made on the several places in the county until the treasurer thereof has rendered his accounts, made until his and they are laid before the legislature as provided by law, and allowed. accounts are alSECT. 42. The treasurer may prosecute to final judgment and exe- R. S. 14, § 53. cution, suits upon bonds, notes, and other securities, given to the county county bonds, or to him or his predecessors in office, whether commenced by himself or &c. B. S. 14, § 54. his predecessor. He may prosecute for injuries done to the public lands, buildings, or other property of his county. may sue on tice, &c., when fails to pay over 1859, 221, § 4. public officer money. SECT. 43. If a public officer required by law to account with and to give nopay over money to the county treasurer, fails to do so for ten days after the time prescribed by law therefor, the treasurer shall give notice thereof to the district-attorney, who shall forthwith institute the necessary proceedings for the recovery of the amount due. SECT. 44. In the county of Suffolk, the treasurer of the city of Boston shall be the county treasurer. SECT. 45. In the county of Nantucket, the treasurer of the town of Nantucket shall be county treasurer. of Suffolk. R. S. 14, § 47. 1854, 448, § 42. of Nantucket. R. S. 14, § 48. Incompatibili ty. SECT. 46. No person holding the office of attorney-general, districtattorney, justice of the superior court, clerk of the courts, or sheriff, XX. s. 14, § 49. shall be county treasurer. 1859, 196. BOARD OF EXAMINERS. a SECT. 47. In each county, except Suffolk and Nantucket, the judge and register of the probate court, and the clerk of the courts, shall be board of examiners for the county, and if two of said offices are held by the same person in any county, the sheriff of such county shall be member of the board. a to examine accounts of commissioners. SECT. 48. The board shall examine the accounts of the county commissioners for services rendered in the discharge of their duties; and if it appears that the accounts ought to be allowed, they shall make a cer- R. S. 14, § 39. tificate thereof upon the same. 1859, 163. of. SECT. 49. The members of the board shall each be paid at the rate compensation of three dollars a day for every day employed in the discharge of their R. s. 14, § 40. duties, and ten cents a mile for travel to and from the place of their meeting; and their accounts shall be audited and settled by the county treasurer. BOARD OF ACCOUNTS IN SUFFOLK. board of ac SECT. 50. In the county of Suffolk, the judge of the probate court In Suffolk, and the justices of the police court of the city of Boston shall be a counts to examboard of accounts, three of whom shall constitute a quorum; who shall ine accounts, &c. Board of ac counts in Suffolk. R. S. 14, §§ 41, 42. meet quarter yearly, and as much oftener as may be necessary, to examine and allow bills of costs, accounts, and charges arising in said police court and in the maintenance and keeping of the prisoners in the jail of the county of Suffolk, and of other expenses and charges in keeping said jail and other places of confinement and punishment in said city. They shall certify such accounts, charges, and expenses, as are allowed by them, by an indorsement thereon addressed to the pubcompensation lic officer by whom the same are payable. They shall each receive three dollars a day while employed in the discharge of said duties. 1843, 7, § 1. 1843, 61, §§ 1, of. Sheriffs to be bond. R. S. 14, § 58. 2. SHERIFFS. SECT. 51. Every sheriff, before performing any official act by himself sworn and give or deputy, shall be sworn, and shall give to the treasurer of the commonwealth such bond with sureties as the superior court shall direct and approve, with condition that he shall faithfully perform his own duties and be responsible for all his deputies. 1853, 69. 1859, 196. vacancies in office of, how filled. the SECT. 52. If a vacancy occurs in the office of sheriff in any county, with the advice and consent of the council may appoint governor R. S. 14, §§ 56, and commission some person to fill the same, who shall hold his office until another is elected and qualified. Every sheriff so appointed and qualified shall give immediate notice thereof to the several coroners of his county. 60, 63. 1856, 173, § 8. may appoint deputies. R. S. 14, § 59. bonds of, to be annually exam ined by supe rior court, &c. R. S. 14, § 62. 1859, 196. sureties of may be dis &c. R. S. 14, § 61. 1859, 196. SECT. 53. Each sheriff may appoint deputies, who before proceeding to execute any process shall be sworn. SECT. 54. The superior court shall once in each year examine into the sufficiency of the official bonds given by the sheriffs; and if it ap pears that any such bond is insufficient, the court shall cause a record thereof to be made by their clerk, give notice to the sheriff, and require him to give a new bond to the satisfaction of the court, within such time as they order. SECT. 55. When a surety upon the official bond of a sheriff, or the charged, when, heirs, executors, or administrators, of such surety, shall, in the county of the sheriff, petition the superior court to be discharged from the bond, the court shall cause the sheriff to be served with an attested сору of the petition, and shall require him to give new security, to the satisfaction of the court, at such time as they order. Upon new security being given, such surety, his heirs, executors, and administrators, shall be discharged from further responsibility on the bond. penalty on, for neglect to give bond. R. S. 14, § 63. 1859, 196. bond of, may be sued, &c. 65. 17 Mass. 567. SECT. 56. If a sheriff neglects or refuses to give bond as required in this chapter, he shall forfeit one hundred and fifty dollars for each month's neglect, and the attorney-general shall prosecute for the same; and the superior court shall forthwith certify the fact of such neglect or refusal to the governor and council, and to the attorney-general. Unless such sheriff satisfies the governor and council that there was reasonable cause for such neglect, and gives security to their satisfaction within twenty days after the date of such certificate, the governor with the advice and consent of the council shall remove him from office. SECT. 57. When the condition of the official bond of a sheriff is R. S. 14, $$ 64, broken, any person who has recovered judgment against the sheriff, his executors, or administrators, for a cause or injury which constitutes a breach of the condition of the bond, or has obtained an allowance of his claim against the estate of the sheriff if settled as insolvent in the probate court, may at his own expense institute and prosecute a suit thereon in the name of the treasurer. The writ shall be indorsed by the person for whose benefit the suit is instituted, or his attorney, and like proceedings shall be had thereon as in a suit by a creditor on an administration bond. The amount of such judgment or allowance, or such part thereof as remains unsatisfied, with the interest due thereon, shall be the sum for which execution shall be awarded. SECT. 58. Actions for the malfeasance or nonfeasance of a sheriff or Actions against his deputies, may be sued against the executors or administrators of sheriffs, &c., to such sheriff, in like manner as if the cause of action survived at common R. S. 14, § 66. law. survive. 6 Met. 94, 114. See Ch. 127. SECT. 59. The treasurer of the commonwealth shall deliver an at- Treasurer to tested copy of the official bond of any sheriff to any person applying of sheriff's furnish copies and paying therefor; and such copy shall be received as competent evi- bonds. dence in a case relating to the bond; but if the execution of the bond is disputed, the court may order the treasurer to bring the original into court, for the purposes of the trial. R. S. 14, § 67. SECT. 60. A sheriff shall not be arrested upon mesne process or exe- Sheriffs not to cution in a civil action. When judgment is rendered against him, be arrested. either in his official or private capacity, for a sum of money, the execu- run against tion shall be issued against his goods, chattels, and lands, but not against his body. SECT. 61. If an execution issued against the goods, chattels, or lands, of a person who is sheriff, shall be returned not satisfied, the creditor may file before the governor and council an attested copy of such execution and return, and give notice of such proceedings to the sheriff. If the sheriff does not within thirty days after such notice pay to the creditor the whole amount of his debt with reasonable costs of the copies and notifications aforesaid, the governor with the advice of the council shall remove him from office. R.S. 14, §§ 73, 74. property only. 1 Gray, 51, 60. liability of, when execution satisfied. is returned un R. S. 14, § 75. upon removal tion may issue of, alias execuagainst their bodies, &c. R. S. 14, § 76. Defaults of depdeath, &c., of sheriff. uties, &c., after R. S. 14, § 77. 7 Mass. 505. Sheriff and dep Penalty. 6 Pick. 483. SECT. 62. When a sheriff is removed under the preceding section, the clerk of the court from which any execution against him has issued, upon the return thereof unsatisfied, and after the appointment of another sheriff, shall make out alias executions in common form, as well against the body, as the goods, chattels, and lands, of the judgment debtor. SECT. 63. Any default or misfeasance in office of a deputy-sheriff or jailer, after the death or resignation of the sheriff by whom he was appointed, shall be adjudged a breach of the condition of the official bond given by such sheriff. SECT. 64. A sheriff or deputy-sheriff who appears in a court or be- 13 Mass. 295. fore a justice of the peace as attorney or counsel for any party in a suit, uty not to act or draws, makes, or fills up a writ, declaration, plea, or process for such as attorney. party, or with intent to procure himself to be employed in the collection R. S. 14, §§ 79,80, of a demand, or in any manner to make gain or profit therefrom, advises, See $ 80, and Ch. counsels, or encourages any person, directly or indirectly, to commence 18, § 65. a suit or process, shall forfeit fifty dollars. SECT. 65. Sheriffs and their deputies shall serve and execute, within their counties, all writs and precepts lawfully issued to them; may serve writs or other processes in cases wherein a county, city, town, parish, their towns, religious society, or any school district, is a party or interested, notwith- &c." standing said officers are members of such corporations; and may summon and attend juries for assessing damages sustained by locating turn- R. S. 14, §§ 68, pike roads and railroads, when not members of such corporations. 4 Pick. 405. SECT. 66. They may serve by copy by them attested, all demands, may serve de notices, and citations, and their returns of service thereof shall be prima mands, &c., by facie evidence; but this provision shall not exclude the service thereof by other parties. SECT. 67. They may require suitable aid in the execution of their office in a criminal case, or for the preservation of the peace, or for the apprehending or securing of a person for a breach of the peace; and may require like aid in cases of escape or rescue of persons arrested upon civil process. SECT. 68. They may execute precepts in their hands at the time of their removal from office; and in case of a vacancy in the office of sheriff, every deputy in office under him, having a writ or precept in his hands at the time such vacancy happens, shall have the same authority, shall serve writs, &c.; may serve where &c., are parties, may attend juries, &c. 69, 71. copy. may com mana R. S. 14, § 72. Gray, 58. See § 80. and Ch. 163, § 16. may serve were val from office. sheriff's remo R. S. 14, § 70. Sheriffs to at and shall be under the same obligation, to serve, execute, and return, such writ or precept, as if the sheriff had continued in office. SECT. 69. Sheriffs shall attend all courts in their respective counties, tend courts, &c. and meetings of the county commissioners when so ordered by the 1859, 257, § 3. board. compensation each county. 1859, 257, § 1. SECT. 70. The sheriffs shall receive annual salaries payable quarterly allowed to, in from the treasury of their respective counties, as follows: Of Barnstable, four hundred dollars; of Berkshire, eight hundred dollars; of Bristol, one thousand dollars; of Dukes County, two hundred dollars; of Essex, fifteen hundred dollars; of Franklin, seven hundred dollars; of Hampden, eight hundred dollars; of Hampshire, seven hundred dollars; of Middlesex, two thousand dollars; of Nantucket, two hundred and fifty dollars; of Norfolk, one thousand dollars; of Plymouth, six hundred dollars; of Suffolk, twenty-five hundred dollars; of Worcester, eighteen hundred dollars. to render aocount and pay over money re- to make re turn of money received, &c., and attendance on courts. Penalty. 1843, 75, §§ 4, 5. 1850, 31. 1857, 40. 1858, 46, § 1. 1859, 257. Secretary to SECT. 71. The sheriffs shall keep a true account of all fees and moneys received by virtue of their offices, and annually on or before the fifteenth day of December render to the treasurers of their counties under oath a true account thereof; and at the same time pay over to said treasurers all such moneys. SECT. 72. They shall annually on or before the fifteenth day of October, return to the secretary of the commonwealth, under oath, a true account of all moneys received by them from all sources by virtue of their office, for the year ending the last day of the preceding month; designating the amount received from the county treasurer, and from all other sources; and specifying the amount received by them for fees in civil and criminal processes; with a statement of the number of days they have attended upon a court of record and the county commissioners; and upon more than one at the same time. If a sheriff neglects to make such return he shall forfeit two hundred dollars. SECT. 73. The secretary shall annually furnish the sheriffs of the furnish blanks. several counties with blank forms for the returns required by the preceding section, and shall lay said returns before the legislature. 1843, 75, § 4. 1850, 31, § 2. Coroners to be sworn, &c. R. S. 14, § 93. bonds of, to superior court R. S. 14, § 94. 1859, 196. CORONERS. SECT. 74. Coroners, before entering upon the duties of their office, shall be sworn and give bond in the manner required of sheriffs. SECT. 75. The superior court shall once in each year examine into be examined by the sufficiency of the official bonds given by the respective coroners; and if it appears that the bond of any coroner is insufficient, shall cause a record thereof to be made by the clerk, give notice to such coroner, and require him to give a new bond, to the satisfaction of the court, within such time as they order. Surety may be R. S. 14, § 95. Penalty for neg- when to serve process. R. S. 14, §§ 97, 98. SECT. 76. When a surety upon the official bond of a coroner, or the heirs, executors, or administrators, of such surety, petition the superior court in the county of the coroner to be discharged from such bond, like proceedings shall be had thereon as are provided in case of a similar petition by a surety on a sheriff's official bond. SECT. 77. If a coroner neglects or refuses to give the bond required, or if the condition of his bond is broken to the injury of any person, he shall be liable to removal from office, and be subject to like penalties as sheriffs are in like cases; and any person interested shall have reme dies upon the official bond of the coroner in like manner as is provided in the case of official bonds given by sheriffs. SECT. 78. Every coroner shall within his county, when the sheriff is a party, serve and execute all writs and precepts, and perform all other duties of the sheriff; and may serve and execute all such writs and precepts where any county, town, parish, religious society, or school dis trict, is a party or interested, notwithstanding he is at the time a mem- 1 Met. 508. ber of such corporation. 5 Met. 88. SECT. 79. When the office of sheriff is vacant, the several coroners Coroner, when of the county may perform all the duties required by law to be per- ties of sheriff. to perform duformed by the sheriff, until another sheriff is appointed or elected and R. S. 14, § 99. qualified, and they have notice thereof. may require aid, &c. SECT. 80. Sections sixty-four and sixty-seven of this chapter shall R. S. 14, §§ 72, apply to coroners as well as sheriffs. COMMISSIONERS OF INSOLVENCY. 79. be sworn-va SECT. 81. Commissioners of insolvency before entering upon the Commissioners discharge of their duties shall be sworn. If a vacancy occurs in the of insolvency to office of commissioner of insolvency in any county, the governor with cancies in office the advice and consent of the council shall appoint some person to fill of how filled. the same, who shall hold his office until another is elected as provided 1856, 173, § 8. in chapter ten. REGISTERS OF DEEDS. 1848, 304, § 2. SECT. 82. The county of Berkshire is divided into three districts for Districts in the registry of deeds, as follows: Berkshire. Southern. 1847, 172. The towns of Lenox, Pittsfield, Richmond, Stockbridge, Lee, Tyr- Middle. ingham, Becket, Washington, Peru, Hinsdale, and Otis, constitute the Northern. middle district, and the office thereof shall be kept in the town of Len- R. S. 14, §§ 110, ox; the towns which lie north of the middle district constitute the 111, 112, 113. northern district, and the office thereof shall be kept in the town of 1818, 4. Adams; and the towns which lie south of the middle district consti- 1857, 123. tute the southern district, and the office thereof shall be kept in the town of Great Barrington. SECT. 83. The county of Bristol is divided into two districts for the in Bristol. registry of deeds, as follows: 1837, 186. The city of New Bedford, and the towns of Westport, Dartmouth, southern. and Fairhaven, constitute the southern district, and the office thereof Northern. shall be kept in New Bedford; the other towns in said county constitute the northern district, and the office thereof shall be kept in the town of Taunton. SECT. 84. The county of Middlesex is divided into two districts for in Middlesex. the registry of deeds, as follows: 1855, 79. The city of Lowell, and the towns of Dunstable, Tyngsborough, Northern. Dracut, Tewksbury, Billerica, Chelmsford, Carlisle, Wilmington, Little- Southern. ton, and Westford, constitute the northern district, and the office thereof 1856, 116. shall be kept in the court house in Lowell; the other cities and towns in said county constitute the southern district, and the office thereof shall be kept in the city of Cambridge. in other counties. R. S. 14, § 103. Register to be sworn and give bond. R. S. 14, § 102. SECT. 85. Each of the other counties shall continue to have an office for the registry of deeds for such county in a shire town thereof. SECT. 86. Every register of deeds shall be sworn before one or more of the county commissioners, or in the county of Suffolk before one or more of the aldermen of Boston, and under their direction respectively shall give bond to the county for the faithful discharge of his duty. SECT. 87. In case of the death, resignation, or removal, of a register may be apof deeds, in the county of Suffolk the superior court, and in any other pointed in cercounty the county commissioners at a meeting held at the place of their R. S. 14, § 106. next regular meeting, shall forthwith appoint on their records some suit- 1859, 196. able person residing within the district to be register of deeds until the vacancy is filled by a new election, as provided in chapter ten. tain cases. SECT. 88. When a register of deeds, upon presentment of the grand may be rejury, is found guilty of misconduct in discharging his official duties, or by moved. |