1864.

Power of officers

in certain cases.

SECT. 11. Every sheriff, deputy sheriff, constable, or police officer, having a warrant to arrest a person charged with keeping a house of ill fame, or with violating any law against gaming, in the house or rooms occupied by him, may break open any outer door to gain admission to such house, after demanding admittance; and may, after like demand, break open any door to any room or closet in such house, in which there is any person who has resorted to, or is resorting to, such house, for the purpose of lewdness, or gaming; and may immediately arrest any and all such persons, and take them before a justice of the peace, or police court, to be dealt with according to law.

Penalty for not SECT. 12. Whenever a sheriff shall have received money on any Police execution in his hands for collection, and the same shall have been collected, on mand. demanded of him by any person authorized to receive it, and such sheriff shall neglect or refuse to pay the same, he shall pay two per cent. per month, on the amount received, from the time of such demand, until the same shall be paid, and the party entitled to the money may recover the same.*

Sheriff may ap

SECT. 13. Sheriffs may appoint deputies to act under them, who point deputies. shall have the same power as the sheriffs appointing them; and sheriff's shall be responsible for the neglect and default of their deputies, in the execution of their office; but no deputy sheriff shall hold the office of county commissioner.†

Number of deputies.

SECT. 14. The number of deputy sheriffs, to be appointed for the county of Hartford, shall not exceed twelve; for the county of New Haven, ten; for the county of New London, ten; for the county of Fairfield, eleven; for the county of Windham, eight; for the county of Litchfield, thirteen; for the county of Middlesex, nine; and for the county of Tolland, six.

SECT. 15. Any deputy sheriff may, at any time, be removed from

536. An officer may release the body, and attach personal estate. Scott v. Crane, 1 C. R. 255. When debtor refuses to turn out personal estate, when demanded, the officer is excusable for levying on the body, although the debtor may have abundant personal estate. Allen v. Gleason, 4 Day, 376. An officer, having made a lawful levy, cannot be made a trespasser by an omission or neglect of duty subsequently. Waterbury e. Lockwood, 4 Day, 257.

An action at common law will lie against an officer for neglect of duty in serving and returning an execution. White v. Wilcox, 1 C. R. 347. Rule of damages. Ackley t. Chester, 5 Day, 221.

When indebitatus assumpsit may be sustained against an officer for paying to the creditor money collected on an execution issued upon a judgment afterwards reversed, if he has had notice not to pay it. Beckley v. Boardman, 6 C. R. 372. Officer is not liable for not attaching real estate, without direction. Palmer v. Gallup, 16 C. R. 555. An officer, having acted in good faith in taking personal estate, and selling it as the law directs, is not responsible for any deficiency in the proceeds. Mills v. Goodsell, 5 C. R. 475. An officer, in selling personal estate taken by him, cannot be the purchaser, without the consent of both creditor and debter. Same. Various points in relation to diligence required of officer in service of process. Tucker v. Bradley, 15 C. R. 46; Frost v. Dougal, 1 Day, 128.

For neglect of duty, in the service of mesne process, the rule of damages is the injury actually sustained. Clark v. Smith, C. R. 379; same case, 10 C. R. 1; Palmer v. Gallup, 16 C. R. 555. In an action against officer for a defective levy of an execution on real estate, whereby the plaintiff gained no title, it is competent for the defendant to show that the debtor, at the time of the levy, had no title to such land. Fitch &. Smith, 9 C. R. 42.

In a suit against an officer for an escape, the admissions of the original defendant are evidence to show a cause of action against him. Hart v. Stevenson, 25 C. R. 499. Duty and liability of officer. Booth v. Town of Woodbury, 82 C. R. 118.

A sheriff may be factorized. New Haven Steam Saw Mill v. Fowler, 28 C. R. 108. + Sheriff is liable for default of his deputy, notwithstanding the recovery of a judg ment against such deputy, and the taking of his body in execution thereon. Morgan v. Chester, 4 C. R. 387. A deputy sheriff is to a certain extent an independent officer. Dayton v. Lynes, 30 C. R. 351. A cause of action against a sheriff for the default of his deputy, survives against his administrator. Same.

> removed.

office for just and reasonable cause, by the county commissioners of 1846. the county of which the sheriff, appointing such deputy, is sheriff; Deputies may be but before such commissioners proceed to make such removal, they shall give reasonable notice to the sheriff, and to such deputy, that they may be present, and be heard relative thereto; and when any deputy sheriff shall be so removed from office, said commissioners shall make a certificate thereof, in writing, under their hands, specifying the cause of such removal, and lodge the same with the clerk of the superior court in such county, to be recorded in the records of the court, and to be kept on file, and cause a copy thereof to be delivered to such deputy, or left at his usual place of abode; and such removal shall take effect from the time when said certificate shall be so lodged, and said copy so delivered, or left.

to be in writing;

SECT. 16. The warrants and deputations of deputy sheriffs and Warrants, &c., of jailers, shall be in writing, under the hand of the sheriff appoint- deputies and ing them, and shall be recorded in the records of the superior court jailers, how disin the county in which they are appointed; and the sheriff shall have power to dismiss from office, the deputies and jailers appointed by him, at pleasure; and whenever the sheriff shall so dismiss any deputy or jailer, he shall deliver to him a written discharge, and shall lodge a copy thereof with the clerk of the superior court in the county of which he is sheriff, to be recorded in the records of such court; and for recording it, the clerk shall be allowed twenty-five cents.

after death of

SECT. 17. On the death of any sheriff, the jailer, or jailers, and Deputies, &c., to deputy sheriffs, shall continue in office until another sheriff shall be continue in office elected or appointed, and shall assume the exercise of his office, al- sheriff. though the term for which such jailer or deputy may have been appointed, shall expire after the death of the sheriff under whom he holds his office; and the defaults and misfeasances of such jailers or deputy sheriffs, after the decease of the sheriff, shall be a breach of the bond executed by such sheriff, for the faithful administration of his office; and his estate shall be liable therefor, and his executor or administrator shall have against such jailers, deputy sheriffs, and their sureties, the like remedies for such defaults and misfeasances as such. sheriff would have been entitled to, had he lived, and continued in the exercise of his office until his successor was duly elected or appointed. SECT. 18. Every sheriff shall be entitled to receive of every dep- Perquisites of uty appointed by him, for the risk of such appointment, a sum not sheriffs for apexceeding forty dollars, annually, and in the same proportion for any ties. term less than one year; which sum shall be in full for all claims on such deputy, on account of such appointment, unless the sheriff shall be sued on account of the default of such deputy, in which case he shall be entitled to recover, on the bond of such deputy, the sum of seven dollars, in addition to the amount recovered of him, or which he may have been compelled to pay, on account of the default of such deputy; and no sheriff shall, directly or indirectly, receive of Sheriffs not to reany jailer, any sum whatever, as a fee or reward for his appointment, from jailers, &c. or continuance in office; and if any sheriff shall demand or receive' any such fee or reward from a jailer, or any other or greater compensation from any deputy appointed by him, than what is allowed by this act, he shall, on conviction thereof before the superior court, in the county of which he is sheriff, be rendered forever incapable of holding the office of sheriff.

pointing depu

ceive any fee

SECT. 19. Sheriffs may depute each other to serve as deputies in Who sheriffs their respective counties; and on special occasions, may depute any may depute. proper person to serve and execute any particular writ or process.

Officers may not draw writs, &c.

Shall indorse items of fees on writs.

Also on executions.

Not to take more

for payment

SECT. 20. If any sheriff, deputy sheriff, or constable, shall draw, or fill up, any writ, process, or declaration, except in his own cause, it shall abate; and no sheriff, deputy sheriff, or constable, shall appear as an attorney in court, for any other person.

SECT. 21. Every officer who shall serve any writ, or process, except executions, shall indorse, on such writ or process, the fees charged by him for such service, with the number of miles traveled by him, and the other items constituting the amount thereof; and if by such indorsement it shall appear that such fees are charged higher than the law allows, the court, to which the writ is returned, shall reduce them to the sum allowed by law for such services.

SECT. 22. Every officer, who collects an execution, shall indorse thereon the items of fees charged by him for serving the same, and at any time before its return, shall deliver to the debtor in the execution, on demand, and without any fee, a bill signed by him, and containing said items, with the name of the creditor, the note and amount of the execution, and the court from which it issued; and in case of neglect or refusal, he shall forfeit, to such debtor, threefold the amount of his fees on such execution, to be recovered by action on this statute.

SECT. 23. If any officer, having an execution to collect, shall, for than onesty the security, or payment, of it, or any part of it, take more than one of an execution. bond, bill, note, receipt, or other instrument, to himself, or to any other person for his use, or in which he shall be directly or indirectly interested, every such bond, bill, note, receipt, or other instrument, shall be void.

Penalty for in

dorsing, or rethan lawful fees.

ceiving more

Same subject.

Same subject.

Sheriff refusing

collected by him,

&c.

SECT. 24. If any officer, who has served a writ, shall indorse thereon more than his legal fees, or demand or receive more than his legal fees, he shall forfeit threefold the amount of the excess; and if any officer who has levied an execution on real estate, shall indorse thereon, or include in his levy, more than his legal fees, he shall forfeit threefold the amount of all the fees charged, to be recovered, in each case, by the person against whom the illegal charge has been made, by action on this statute.

SECT. 25. If any sheriff shall, knowingly and willfully, charge, take, demand, or receive, any greater sum for the service of any writ, or other legal process, than the law allows, the general assembly, on proof thereof, may remove him from office.

SECT. 26. If any deputy sheriff shall be guilty of the like offense, it shall be the duty of the county commissioners of the county in which the offense is committed, on complaint and proof of the fact, to remove him from office.

SECT. 27. If, upon complaint made to the general assembly, it to pay money shall appear that any sheriff illegally detains, after demand, any to be removed, money collected by him, or refuses to satisfy any execution issued against him, in the life thereof, such sheriff shall be declared incapable any longer to hold the office, and shall be removed accordingly. No appeal in a SECT. 28. Whenever any sheriff, or constable, by virtue of any suit on a receipt. writ or execution, shall seize any goods or chattels to answer and satisfy such writ or execution, and any person shall receive such goods and chattels into his care, and shall give to such officer a writing, acknowledging the receipt of such goods and chattels, and promising to deliver the same to such officer, and shall fail of performing such promise, and an action shall be brought by such sheriff, or constable, against such person on such receipt, no appeal shall be allowed in said action.

TITLE LVII.

AN ACT REGULATING THE SALE OF SEWING SILK.

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

silk of domestic

That no person shall sell, or offer for sale, by the skein, any sew- Sale of sewing ing silk of the manufacture of this country, made either of imported manufacture, by or domestic materials, unless each skein shall consist of twenty the skein. threads, each thread of the length of two yards, on penalty of seven dollars, for the use of any person who shall sue for the same.

TITLE LVIII.

AN ACT TO PREVENT SLAVERY.

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

1848.

SECTION 1. That no person shall hereafter be held in slavery in slavery abolish. this state.

ed.

slaves to be sup

SECT. 2. All persons heretofore slaves, who have been emancipa- Emancipated ted either by law, or by their masters, shall, if they are reduced to ported by their want, be supported by their former masters, their heirs, executors former masters. and administrators, and, on their refusal, the selectmen of the town where such persons belong shall provide for their support; and such town may recover the expense of such support, from such masters, or their heirs, executors, or administrators, by an action on the case; but nothing herein contained shall apply to cases where masters,

No slaves to be

emancipating their slaves, have been heretofore exempted by law from liability for their support.*

*

SECT. 3. No Indian, negro, or mulatto slave, shall be brought or imported into the imported into this state, by sea or land, from any place whatever, to be disposed of, left, or sold, within the same.t

state.

Bringing slaves into this state prohibited.

1844.

tion of fugitive

SECT. 4. Every person, who shall import, or bring into the state, any Indian, negro, or mulatto slave, to be disposed of, left, or sold, within the same, or who knowing such slave to be so imported or brought into the state, shall sell or purchase him, shall forfeit the sum of three hundred and fifty dollars for every slave so imported or purchased, one-half to him who shall prosecute to effect, and the other half to the treasurer of the state.

SECT. 5. No judge, justice of the peace, or other officer, appointed Arrest and deten- under the authority of this state, shall be authorized, as such, to slaves, by state issue, or serve any warrant, or process, for the arrest, or detention, authorities, prohibited. of any person, escaping into this state, claimed to be a fugitive from labor or service as a slave, under the laws of any other state, or country, or to grant a certificate of the title of any claimant to the service of any such person, with a view to his detention, or to his removal out of this state; and any such warrant, or process, so issued, and any certificate so granted by any judge, justice of the peace, or other officer, of this state, shall be utterly void, and shall constitute no justification for any act done under the same; but nothing herein contained shall be construed to impair any rights which, by the constitution of the United States, may pertain to any person, to whom, by the laws of any other state, labor or service may be due, from any fugitive escaping into this state, or to prevent the exercise in this state of any powers which may have been conferred by congress, on any judge or other officer, of the United States, in relation to such rights.

1857.

When slaves shall become

free.

SECT. 6. Any person, having been held to service as a slave, in any other state, or country, and not having escaped from any other state of the United States, in which he was held to service or labor, under the laws thereof, coming into this state, or being therein, shall forthwith become and be free.

*Declaration of a mistress to her servant that she should be free at twenty-five years of age, adjudged to amount to a manumission. Geer v. Huntington, 2 Root, 364. Executors are liable for expenses incurred in the life-time of testator for the support of manumitted slaves, and the heirs, for expenses incurred afterwards. Kingsbury e. Tolland, 2 Root, 355. A manumitted slave is settled in the town to which his master belongs. Bolton v. Haddam, 2 Root, 517. When a manumitted slave may acquire a settlement by commorancy. Colchester v. Lyme, 18 C. R. 274. The daughter of a female slave born after the 1st of March, 1784, is not a slave, though liable to be held in servitude until twenty-five years of age. Windsor v. Hartford, 2 C. R. 855. The settlement of such child is in the place of her birth. Same. How a slave reduced to want may be supported. Columbia v. Williams, 3 C. R. 467; East Hartford v. Pitkin, 8 C. R. $95., For construction of this section, see Jackson . Bullock, 12 C. R. 38.'