ART. 88.] SHERIFFS. 597

SERVING PROCESS.

8. All writs and process shall be directed to the sheriff, unless
he is disqualified, or unless where by law the writ or process may
be directed to another officer.

9. He shall serve and return all writs and process directed to
him, according to the command contained therein.

10. He may re-arrest any person that he has before arrested
on a capias or attachment, and permitted to go at large; and
such second arrest shall be as available as if the party had been
detained under the first; Provided, such second arrest be made
before or during the session of the court to which the writ is
returnable.

11. He or his deputy, when he arrests a person on a writ for
any criminal offence not punishable by confinement in the peni-
tentiary, may take a bail bond from the person so arrested, with
security to be by him approved, and in a penalty not exceeding
three hundred dollars, with condition that the person so arrested
shall appear in court on the day the said writ is returnable, and
attend the court from day to day, and not depart therefrom with-
out the leave of the said court; and if the person so arrested
cannot give bail bond, he shall be taken before a justice of the
peace, to be dealt with according to law.

12. Such bail bond shall be taken in the name of the State, and
shall be returned to the court to which such writ is returnable,
on the first day thereof.

13. When a sheriff shall return any person arrested upon cri-
minal process, either mesne or final, and shall fail to bring such
person into court, and shall be amerced, the court may, in the
name of the State, for the use of the State, or such person as
may be interested, on motion of the State's Attorney, direct
judgment to be entered against such sheriff for the sum for which
he shall have been amerced; or for the fine, penalty or forfeiture,
and costs for which judgment may have been entered against the
person so arrested, which judgment shall have the same effect as
if rendered on verdict.

14. The court, in imposing such amercements, shall govern
themselves by such principles as under all circumstances shall