Section 104:21 – Liability to Creditor.
104:21 Liability to Creditor. – Any sheriff, deputy sheriff or constable who refuses or neglects, on demand, to pay to an execution creditor any money received by him on the execution for the creditor, shall pay 5 times the lawful interest thereon for the time he detains it after demand. Source. RS 178:11. CS […]
Section 104:22 – Trusteed Funds.
104:22 Trusteed Funds. – Whenever an officer is trusteed for such money, and refuses to pay the same to the creditor upon his tendering to the officer a bond, with sufficient sureties, to repay so much thereof as may be held by the trustee process, with costs, the officer shall be liable for interest […]
Section 104:23 – Execution Against Sheriff.
104:23 Execution Against Sheriff. – Whenever judgment is rendered against a sheriff execution may issue against his estate, but not against his body; and when he ceases to hold the office execution may issue against his body as in other like cases. Source. RS 178:17. CS 189:17. GS 197:19. GL 216:19. PS 212:18. PL […]
Section 104:24 – Non-payment of.
104:24 Non-payment of. – When an execution against the estate of a sheriff is returned unsatisfied the creditor may give notice thereof to such sheriff, and, if the execution, with the costs of such notice, is not paid within 40 days after the notice is given, the court shall remove him from office. Source. […]
Section 104:25 – Not To Be Attorney.
104:25 Not To Be Attorney. – No sheriff or deputy sheriff, police officer, constable or city marshal shall appear in any court or before a justice as attorney for any party in a civil proceeding or for a respondent in any criminal proceeding. Source. RS 178:27. CS 189:27. GS 196:21. 1875, 30:1. GL 216:21. […]
Section 104:26 – Process Made by, Void.
104:26 Process Made by, Void. – Any writ, declaration, plea, complaint and warrant or other process made by a sheriff, deputy sheriff, police officer, constable or city marshal for another person shall be void. Source. RS 178:27. CS 189:27. GS 197:21. 1875, 30:1. GL 216:21. PS 212:20. PL 324:24. RL 380:24.
Section 104:11 – Liability for Fees.
104:11 Liability for Fees. – No attorney shall be personally liable to any sheriff, or other officer authorized to serve process, for his fees or expenses incurred in the service of any writ or other process placed in his hands for service, except upon an express contract to pay the fees and expenses thereon. […]
Section 104:12 – Requiring Aid.
104:12 Requiring Aid. – An officer having authority to serve process or make an arrest may require suitable aid in the execution of his office. Any person who neglects or refuses to give such aid when so required shall be fined not more than $20. Source. RS 178:12. CS 189:12. GS 197:8. GL 216:8. […]
Section 104:13 – Completing Business.
104:13 Completing Business. – Upon the resignation, removal from office or expiration of the term of office of a sheriff, he shall execute all precepts in his hands, complete all official business previously committed to him and deliver to his successor all prisoners in his custody. Source. RS 178:13. CS 189:13. GS 197:9. GL […]
Section 104:14 – Vacancy, Power of Deputies.
104:14 Vacancy, Power of Deputies. – Whenever a vacancy happens in the office of sheriff, the deputies in office shall continue to execute all official business previously committed to such sheriff, in the name of the late sheriff until another is appointed and qualified, and until they have completed all business previously entrusted to […]