I. To assist him in the discharge of his various duties, he may appoint an under sheriff, and as many general or special depu ties as the public service may require, who may discharge all the ordinary ministerial duties of the office, such as the service and return of process, and the like, but not the execution of a writ of inquiry, for this is in the nature of a judicial duty, which may not be delegated. All acts of the under-sheriff or of the deputies are done in the name of the sheriff, who is responsible for them al though such acts should amount to a trespass or an extortion of the officer ; for which ma son he usually takes bonds from all his sub ordinates for the faithful performance of their duties. Croke Eliz. 294 ; 2 Wile. 378 ; 3 id. 309 ; 2 Blackst. 832 ; Dougl. 40.
S. The sheriff also appoints a jailer, who is usually one of his deputies, and has two kinds of jails, one for debtors, which he may appoint in any house within his bailiwiek, a,nd the other for felons, which is the counnon jail of the county. The jailer is responsible for the escape of any prisoner committed to his charge, and is bound to have sufficient Force at his disposal to prevent a breach of the prison by a mob or otherwise • and nothing will excuse him but an act of God )r the public enemy. He must not be guilty of cruelty, or of putting debtors in irons, or ths like, without sufficient cause ; but he may defend himself at all hazards if attacked. In
a case where a prisoner notwithstanding his remonstrances, was con'fined by the jailer in a room in which was a person ill with tbe emall-pox, which disease he took and died, it was held to be murder in the jailer. Viner, Abr. Gaol (A) ; 4 Term, 789 ; 4 Coke, 84 ; Coke, 3d Inst. 34; 2 Strange, 856.
9. A deputy cannot depute another per son to do the duty intrusted to him; although it is not necessary that his should be the hand that executes the writ: it is sufficient if he is present and assists. In 'the execu tion of criminal process, he may, after de manding admittance, break open the outer door of a house ; but in civil actions he may not forcibly enter a dwelling-house, for every man's house is said to be hie castle and fort ress, as well fbr defence as for repose. But a warehouse, store, or barn, or the inner door of a dwelling-house after the officer has peaceably entered, is not privileged. Pro cess or writs of any description may not be served on Sunday, except in cases of treason, felony, or breach of the peace ; nor may the sheriff on that day retake a prisoner who has escaped from custody. 6 Wend. N. Y. 454; 8 id. 47 ; 16 Johns. N. Y. 287 • 4 Taunt. 619 ; 8 id. 250 ; Cowp. 63 ; Croke 'Eli& 908; Croke Car. 537 ; W. Jones, 429 ; 5 Term, 25 ; 3 East, 155 3 Bos. & P. 223 ; Dalton, Sheriff; Watson, Sheriff.