104:1 Record of Birth. – No sheriff of any county shall exercise such office, or perform any act therein, or receive any fee or salary therefor, until he shall have deposited in the office of the secretary of state a copy of the record of his birth, attested by the clerk of the town […]
104:10 Neglect of Duty. – If any such officer refuses or neglects to serve a legal precept to him directed and delivered for service, his fees therefor being first tendered, or without such tender in criminal cases when the precept is indorsed by the attorney general or solicitor, or by the clerk by order […]
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. […]
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. […]
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 […]
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 […]
104:15 Liabilities for Defaults and Misfeasances. – The defaults and misfeasances of such deputies during such time shall be deemed a breach of their respective bonds to the sheriff who has ceased to hold office. Source. RS 178:16. CS 189:16. GS 197:12. GL 216:12. PS 212:11. PL 324:13. RL 380:13. RSA 104:15. 1988, 89:13, […]
104:16 Remedies. – The executor or administrator of a deceased sheriff shall have like remedy for such defaults and misfeasances as the sheriff would have if in office. Source. RS 178:16. CS 189:16. GS 197:12. GL 216:12. PS 212:11. PL 324:14. RL 380:14.
104:17 Accountability to County. – The sheriff is accountable to the county commissioners for money in his hands belonging to or for the use of the county, and for fines, forfeitures and costs, for which warrants or other process are issued to him by the clerk, unless he satisfies the commissioners that the same […]
104:18 Forfeiture. – A sheriff who fails to pay to the county treasurer any money received by him for the county, immediately on receipt thereof, or the amount of any fine, forfeiture or costs, immediately after he has voluntarily or negligently suffered a prisoner liable therefor to escape, shall forfeit treble the amount thereof, […]
104:19 List of Processes. – At each term of the superior court the sheriff shall deliver to the county commissioners a list of the warrants or other process for fines, forfeitures or costs, delivered to him by the clerk before the term, and then uncollected without fault on his part, and shall return them […]
104:2 Age Limitation. – Whenever any sheriff shall attain the age of 70 years, the office held by him shall become vacant, and such vacancy shall be filled according to law. Source. Const. II, 78. RS 15:2. CS 15:2. GS 17:2. GL 18:2. PS 19:2. PL 18:2. RL 26:2.
104:20 Account. – The sheriff shall, once in each year, submit to the county commissioners, at a term of the superior court, a statement in detail of all services of himself or of his deputies for which the county is chargeable, and such amount shall be allowed thereon as is just. No such account […]
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 […]
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 […]
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 […]
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. […]
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. […]
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.
104:27 Deputy, Discharge. – A sheriff may discharge from office any of his deputies, by writing under his hand and seal, which shall be served by another deputy by reading the same or giving an attested copy thereof to the deputy so discharged; and such discharge, with a certificate of the service thereof, shall […]
