1851. Demand for § 24. A person entitled to money collected by a sheriff or his deputy, may demand the same from the sheriff, by himself, his attorney at law, or any other person having his money collected written authority therefor. Duty of coun § 25. It shall be the duty of the county court of each § 26. The sheriff and his deputies shall be exempted from Exempt from ilitia duty. To execute persons hung. § 27. It shall be the duty of each sheriff, by himself, or his deputies, to execute all persons condemned to be hung, demned to and to convey all persons to the penitentiary condemned to confinement therein; and to execute the sentence of the court in other criminal and penal cases. But the court may, for good cause, order the coroner or jailer to act in the place of the sheriff, in the discharge of those duties. § 28. Any sheriff or deputy sheriff, or other like officer, may command and take with him, if need be, the power of the county, or a part thereof, to aid him in the execution of the duties of his office, civil and criminal. § 20. A sheriff or other officer may, in the execution of a writ of habere facias possessionem, or writ of seizin, break open either the outer or inner door of a dwelling, or any other house on the premises, during the day time. § 30. If, in levying a fieri facias, the outer door of the dwelling house of the defendant, in which his property is, be fastened, the sheriff or other officer shall not break open the same to seize the property. But if the outer door be open, the officer may enter, and if need be, may break open any inner door to enable him to reach the property. He may break open the outer door of any other than the dwelling house of the defendant in the execution, to enable him to seize the defendant's property, during the day time. con be May break open §31. The sheriff or other officer may break open the outer, or any other door of the dwelling or other house of doors, &c. a third person, in which the property of the defendant in the execution is fraudulently concealed or kept. § 32. The sheriff or other officer shall have the same power to break and enter the dwelling and other houses of any person, in executing any other civil process, which is given him to seize property under execution. § 33. In executing penal or criminal process, requiring an actual arrest or writ of habeas corpus, the sheriff or other officer may break open the outer or any other door of the dwelling or other house of the defendant or of any other person, if it be necessary to enable him to make the arrest. 1851. §34. But if the process do not require an arrest of the defendant, then the officer shall have the same powers, and no more, than are given him in the execution of civil pro cess. § 35. If a sheriff shall agree with any person, for a sum certain or other thing, or any kind of compensation or gratuity, to himself or another, to appoint or continue such person or another as his deputy, such agreement shall be deemed a sale of the deputation, and subject both the sheriff and deputy to removal from office on conviction thereof. 36. When a sheriff, or other officer, is, by any process, authorized to receive money from the defendant, or to take bond, bail, or recognizance, before he is committed to jail, the sheriff or other officer, shall exercise the same power after his commitment. ARTICLE II. § 1. The jailer of each county shall enter into an obligaTo give bond. tion, in the county court, with good surety, to be approved by the court, in substance as follows: "We, A. B., jailer of county, and C. D. and E. F., his sureties, do hereby covenant and agree with the commonwealth of Kentucky, that the said A. B. shall well and truly execute and do and perform every duty and act as jailer aforesaid, which is, or may be, required by law, during his continuance in office; and that he will, in proper time, pay over to the persons entitled thereto, any money which may come to his hands as jailer. Given under our hands, this duties. day of Which bond may be attested by the clerk, and be put in suit from time to time, by any person injured by the act or omission of the jailer. § 2. Every jailer shall be exempted from militia duty and from serving on juries. §3. The county jailer shall also be circuit court jailer for his county, and as such shall discharge and perform all the duties and acts which the law may prescribe. § 4. The jailer of each county shall receive all persons Powers and into the jail who shall be lawfully committed thereto, and safely keep such persons until properly discharged. He shall treat them with humanity, and furnish them with proper food and lodging during their confinement, and shall deliver over such as die in jail to their friends, if requested, or have them decently buried, at the expense of the county. U. S. may use jails. § 5. The United States shall have the right to use the jail of any county, by paying the jailer the same fees allowed by the state. Any jailer shall receive and confine in jail persons properly committed under the laws of the United States, until lawfull discharged. § 6. Each jailer shall have the custody rule, and charge of the jail in his county, and of all persons in the jail, and shall keep the same himself. He shall not reside more than two hundred yards from the jail, and where it is such as admits the residence of a family therein, he shall reside in the jail. A violation of this section shall be deemed a misfeasance in office, and the court may suspend the jailer therefor. § 7. Each jailer, when he goes out of office, shall deliver over to his successor the custody of the jail, with its furniture and appurtenances, and of all the persons therein, with all warrants, mittimuses, and other official papers, by which prisoners shall have been committed to his custody, or by which they have been liberated therefrom. § 8. When the jailer is legally committed to jail, or from any cause the office of jailer of any county shall become vacant, or the jailer shall be legally suspended from the discharge of his official duties, the sheriff of the county shall take the custody of the jail, and of the prisoners therein, and perform and discharge all the duties of jailer, until a successor to the jailer shall be elected or appointed and qualified, or until the suspension shall cease. If, for any cause, the sheriff cannot or ought not to act, the presiding judge of the county court may so certify, and, by writing, designate a responsible person, who shall act for the occasion. 1851. Further pow. ers and duties. May be sus. § 9. Each county court shall have power to suspend the jailer of the county from acting as such, for such period as pended. it may deem right, when the public interest shall imperatively require the same; but the ground on which the suspension shall be made must, in every instance, be entered on the order book of the court. The presiding judge of the county court may, for any cause he deems sufficient, by his order in writing, during vacation, exercise the same power until the meeting of the next county court. § 10. Process from any court may, in a civil or criminal case, be directed to, and executed by, the jailer of the county, when it shall be made to appear, by affidavit to the clerk of the court, that the sheriff and coroner of the county are interested in the cause, or are, by affinity or consanguinity of kin, as near as second cousin to the defendant, or where one of said officers is so of kin, and the defendant is surety for the other in his official bond, or the other is so partial to the defendant, or is so prejudiced against the person suing out the process, as not to do him justice; or where both of said officers are so partial or so prejudiced, or they and the deputies of the sheriff are sick and unable to act, or are absent from the county; or one is sick and the other is absent, or one of said offices is vacant, and some of said objections shall apply to the other; or where some one of the grounds of objection aforesaid shall apply to one of said 1851. officers and another of said grounds shall apply to the other; or in a criminal case, where said officers are implicated in the crime with the defendant, or one is so implicated, and some one of the grounds aforesaid shall apply to the other; or where in any case, civil or criminal, its emergency requires immediate action, and no sheriff, nor the coroner, can, in all probability, be procured in time to meet the emergency-in all such cases the law applicable to sheriff shall govern the jailer. § 11. It shall be the duty of the county court, from time to time, to prescribe rules for the government and cleanliness of the jail, and the eomfort and treatment of prisoners; and the judge of the county court shall inspect the jail at least once a month, and shall have power, by fine or otherwise, to enforce the rules and punish the jailer for neglect thereof, or disobedience thereto. ARTICLE III. § 1. Every coroner, before he enters on the duties of his To give bond. office, shall enter into a covenant in the county court, with good sureties, to the commonwealth, in substance as follows: Duties of. "We, A. B., coroner of county, and C. D. and E. F., his sureties, do covenant to and with the commonwealth of Kentucky, that the said A. B. shall well and truly perform every duty which may be required of him by law, during his continuance in office, and will well and truly pay over to such persons at such times as they may be entitled thereto, any moneys that may come to his hands as coroner. Given under our hands, this day of § 2. The covenant shall be witnessed by the clerk or his deputy, and the sureties shall be approved by the court. The covenant shall be held to embrace every duty which is by law imposed on the coroner to perform. It may be put in suit from time to time, at the costs of any person injured by the acts or omissions of the coroner. § 3. It shall be the duty of the coroner of any county, upon request made, to come and inquire, and upon the view of any person slain, drowned, or otherwise by misadventure or suddenly killed, or where any house be broken, to hold an inquest of twelve good and lawful housekeepers of the county, summoned by himself, upon their oaths to inquire, and say in this manner: If they know in what manner the person came to his death; where, how, and by whom, and who were present; who are culpable of the act or of the force; are they persons of discretion, and can they speak. § 4. If any person be found culpable of murder, manslaughter, or of house-breaking, or of being accessory thereto, the coroner shall forthwith arrest and commit such per son to the jail of his county, or cause it to be done by his § 5. The coroner shall commit to writing the substance of § 6. The coroner shall bury the dead bodies of persons over which an inquest is held, or present them to their friends to do so, if required. §7. A writ may, in any case, be directed to the coroner of the county, where an affidavit shall be filed with any county, or circuit, or other court clerk, showing that any one of the grounds of objection stated in the tenth section of the second article, relating to jailers, applies to the sheriff. § 8. Where the coroner of a county ceases to reside therein, the county court of the same shall enter the fact on its record, and also that his office is thereby vacated. Any act or omission for which a sheriff may be suspended or his office be declared vacant, shall authorize the county court to suspend the coroner, or declare his office to be va cant. § 9. Executions issued on a judgment or decree rendered upon process served by the coroner, shall be directed to and acted on by him. If the process be served by the jailer, the executions on the judgment or decree shall be directed to and acted on by him. 10. The sheriff, jailer, or coroner, may prosecute an appeal or writ of error to the court of appeals from the decision of the county court, to reverse any order suspending either of them from acting, or declaring either of them to have vacated his office. But such appeal or writ of error shall not, during its pendency, have the effect to suspend such order. § 11. Whenever the office of sheriff, jailer, or coroner shall become vacant, before the expiration of his constitu tional term of office, the county court of his county shall convene and appoint his successor, who shall be commissioned by the governor for the residue of the term for which his predecessor was elected. § 12. Whenever the office of sheriff, jailer, or coroner shall become vacant, and one year of the term remains unexpired, the county court of his county shall order an elec 1851. How vacan. cies to be filled. |