TITLE VII
SHERIFFS, CONSTABLES, AND POLICE OFFICERS

Chapter 104
SHERIFFS AND CONSTABLES

Section 104:1

    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 in which he was born, or, if there is no such record, an affidavit, sworn to and subscribed by himself, stating, according to the best of his belief, the date and place of his birth.

Source. RS 15:1. CS 15:1. GS 17:1. GL 18:1. PS 19:1. PL 18:1. RL 26:1.

Section 104:2

    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.

Section 104:3

    104:3 Deputies; Appointment. – A sheriff may appoint so many deputies as he thinks proper, by deputation in writing, under his hand and seal, and not otherwise, who shall be sworn to the faithful discharge of their duties. The deputation and certificate of oath thereon shall be recorded at length by the clerk of the superior court in a book kept for that purpose, and no deputy shall act as such until the record is made.

Source. RS 178:5. CS 189:5. GS 197:1. GL 216:1. PS 212:1. PL 324:1. RL 380:1.

Section 104:3-a

    104:3-a Repealed by 1971, 514:18, XVIII, eff. Jan. 1, 1973. –

Section 104:3-b

    104:3-b Repealed by 1971, 514:18, XIX, eff. Jan. 1, 1973. –

Section 104:3-c

    104:3-c Repealed by 1971, 514:18, XX, eff. Jan. 1, 1973. –

Section 104:3-d

    104:3-d Repealed by 1971, 514:18, XXI, eff. Jan. 1, 1973. –

Section 104:3-e

    104:3-e Appointment of Deputy Sheriffs. – In any county in which the county convention establishes the office of deputy sheriff the sheriff may appoint such number of deputy sheriffs, including a chief deputy sheriff, within the limits of the funds that may be appropriated for this purpose. In addition, he may appoint such special deputy sheriffs as he shall from time to time require. Such special deputy sheriffs shall receive as compensation for their services the fees as provided in RSA 104:31.

Source. 1973, 436:2. 1987, 223:2, eff. July 17, 1987.

Section 104:3-f

    104:3-f Compensation for Deputy Sheriffs in Hillsborough County. – In Hillsborough county, all deputy sheriffs shall turn over to the county treasurer all fees and mileage charges collected. The county delegation shall appropriate, not less than annually, sufficient funds to compensate said deputy sheriffs.

Source. 1983, 329:1. 1987, 223:2, eff. July 17, 1987.

Section 104:4

    104:4 Special Deputy. – A sheriff may appoint a special deputy for the service and return of any process, by warrant indorsed thereon, in the manner heretofore practiced.

Source. RS 178:6, 8. CS 189:6, 8. GS 197:2. GL 216:2. PS 212:2. PL 324:2. RL 380:2.

Section 104:5

    104:5 Duties. –
I. The sheriff and the sheriff's deputies shall serve and execute all writs and other precepts directed to the sheriff's department and issued from lawful authority.
II. The sheriff and the sheriff's deputies and bailiffs shall perform the duties of crier of the court.
III. The sheriff's bailiffs shall provide adequate security in all state courts, except the supreme court.
IV. The sheriff's bailiffs shall comply with such background investigation checks, physical and mental standards, and training appropriate to their duties as the police standards and training council may require. The council shall consult with the New Hampshire Sheriffs Association and the administrative office of the courts prior to adopting these standards.

Source. RS 178:9. CS 189:9. GS 197:3. GL 216:3. PS 212:3. PL 324:3. RL 380:3. RSA 104:5. 1998, 297:3, eff. Jan. 1, 1999.

Section 104:6

    104:6 Powers. –
I. Sheriffs and their deputies shall have throughout the state the same power and authority to serve criminal or civil processes, investigate crimes and to pursue and apprehend criminals that they have in their respective counties.
II. Notwithstanding any law to the contrary, sheriffs and their deputies shall have authority to enforce civil orders issued by any court.

Source. 1911, 147:1. PL 324:4. RL 380:4. 2007, 321:1, eff. Sept. 14, 2007.

Section 104:7

    104:7 Interest in Suit. – When the sheriff is a party or related to either party, or interested in the suit, bill in equity, or other process, the writ or other process in such action may be served by the sheriff or deputy sheriff of any other county or by his own deputy; and the sheriff may serve writs or other process upon his own deputies, and the official bond of the sheriff's deputies shall protect him, the same as in other cases where he is not a party, and the bond of the sheriff shall protect his deputies on whom he may serve process. But nothing in this section shall prevent a sheriff or his deputy from serving process or levying execution himself in any case in which he is plaintiff by virtue of a receiptor given to him.

Source. RS 179:3. CS 190:3. GS 197:4. GL 216:4. PS 212:4. 1905, 52:2. 1917, 51:1. PL 324:5. 1937, 19:1. RL 380:5.

Section 104:8

    104:8 Limitation. – No sheriff, deputy sheriff or constable is disqualified to serve a writ or other precept in which a town or other corporation is a party by reason of his being a citizen of the town or a member of the corporation.

Source. 1844, 140. CS 189:32. GS 197:6. GL 216:6. PS 212:6. 1903, 134:15. 1905, 52:2. PL 324:6. RL 380:6.

Section 104:9

    104:9 Constables. – Constables shall serve and return writs and other civil precepts to them directed wherein the amount demanded in damages does not exceed $75, and no others, and shall have similar powers and be subject to similar liabilities in relation thereto as sheriffs.

Source. RS 179:5. CS 190:5. GS 197:5. 1875, 9:1. GL 216:5. PS 212:5. 1917, 136:1. PL 324:7. RL 380:7.

Section 104:10

    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 of court, he shall forfeit $50 to any person aggrieved thereby who shall sue therefor within 3 months.

Source. RS 178:10. CS 189:10. GS 197:7. GL 216:7. PS 212:7. PL 324:8. RL 380:8.

Section 104:11

    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. But said officer shall have a right of action against the person suing out such process.

Source. 1899, 20:1. PL 324:9. RL 380:9.

Section 104:12

    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. PS 212:8. PL 324:10. RL 380:10.

Section 104:13

    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 216:9. PS 212:9. PL 324:11. RL 380:11.

Section 104:14

    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 them.

Source. RS 178:14. CS 189:14. GS 197:10. GL 216:10. PS 212:10. PL 324:12. RL 380:12. RSA 104:14. 1988, 89:12, eff. June 17, 1988.

Section 104:15

    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, eff. June 17, 1988.

Section 104:16

    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.

Section 104:17

    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 have not been and cannot be collected.

Source. RS 178:24. CS 189:24. 1865, 4077:7. GS 197:13. GL 216:13. PS 212:12. PL 324:15. RL 380:15.

Section 104:18

    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, with double costs of suit, to be recovered by the treasurer for the use of the county, and he may be removed from office by the superior court.

Source. RS 178:25. CS 189:25. GS 197:14. GL 216:14. PS 212:13. PL 324:16. RL 380:16.

Section 104:19

    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 to the clerk for renewal. For any neglect to deliver such list or to return such warrants or other process he shall forfeit $50.

Source. 1865, 4077:7, 8. GS 197:15. GL 216:15. PS 212:14. PL 324:17. RL 380:17.

Section 104:20

    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 shall be allowed unless presented within one year after the service was performed.

Source. RS 178:26. CS 189:26. GS 197:16. 1873, 31:1. GL 216:16. PS 212:15. PL 324:18. RL 380:18.

Section 104:21

    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 189:11. GS 197:17. GL 216:17. PS 212:16. 1903, 134:15. 1905, 52:2. PL 324:19. RL 380:19.

Section 104:22

    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 thereon from the time of tendering the bond.

Source. 1845, 232. CS 189:33. GS 197:18. GL 216:18. PS 212:17. PL 324:20. RL 380:20.

Section 104:23

    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 324:21. RL 380:21.

Section 104:24

    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. RS 178:18. CS 189:18. GS 197:20. GL 216:20. PS 212:29. PL 324:22. RL 380:22.

Section 104:25

    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. PS 212:20. PL 324:23. RL 380:23. RSA 104:25. 1957, 166:1, eff. Aug. 5, 1957.

Section 104:26

    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.

Section 104:27

    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 be recorded in the manner prescribed for recording deputations.

Source. RS 178:7. CS 189:7. GS 197:22. GL 216:22. PS 212:21. PL 324:25. RL 380:25.

Section 104:28

    104:28 Liability for Deputy's Conduct. – The sheriff is liable for the official conduct of his deputies respectively. If a deputy is discharged, the sheriff's liability shall continue until the discharge and certificate of service thereof are recorded.

Source. RS 178:8. CS 189:8. GS 197:23. GL 216:23. PS 212:22. PL 324:26. RL 380:26.

Section 104:28-a

    104:28-a False Personation. – Any person who knowingly and falsely assumes or exercises the functions, powers, duties, or privileges incident to the office of sheriff, deputy sheriff, state police officer, police officer of any city or town, or any other law enforcement officer or investigator employed by any state, country or political subdivision of a state or country, or who wears or displays without authority any uniform, badge, or other identification by which such sheriff, officer, or investigator is lawfully identified, and with the intent to be recognized as such, shall be guilty of a class B felony.

Source. RS 217:17. CS 231:17. GS 259:17. GL 277:18. PS 280:18. PL 394:18. RL 457:21. RSA 587:22. 1973, 532:23. 1981, 394:1. 1987, 214:1. 2008, 225:1, eff. Jan. 1, 2009.

Salaries and Fees; Clerk Hire

Section 104:29

    104:29 Repealed by 1982, 10:1, eff. Mar. 2, 1982. –

Section 104:30

    104:30 Clerk Hire. – The sheriff of Hillsborough county shall employ such clerk hire as he deems necessary. The salaries of said clerk or clerks shall be paid by the county, provided, however, that the amount of salaries so paid shall not exceed the amount appropriated by the county delegation for said clerk hire.

Source. 1945, 118:1. 1947, 171:1. 1951, 129:1, eff. May 29, 1951.

Section 104:31

    104:31 Fees of Sheriffs and Deputy Sheriffs. –
At the time of the initial request for any of the following services, the required fees and mileage may be paid. The fees of sheriffs and deputy sheriffs shall be as follows:
I. For service of every writ, except as otherwise specifically provided, $30; for every service of a writ of possession, $30; for service of every demand for rent, eviction notice, small claims notice, process, and notice of execution, $30; and for service of every subpoena, $30.
II. For service of a bill, libel or petition, $30; provided that service of a petition with restraining order shall be $36.
III. For making an attachment of personal property or making a bulky attachment, $30.
IV. In every county for actual travel to serve any writ, notice, subpoena, process, or execution, to be reckoned from the place of service to the sheriff's office or substation, and for travel to attend any court by the order thereof, to be reckoned from the sheriff's office or substation to the court, each mile, each way, at the current federal rate. Mileage shall be paid only once when service requested by the same party on multiple individuals related to the same case or matter living at the same address, building, or complex can be reasonably made on the same trip.
V. For levying executions, or sheriff sales or both, on the dollar, for the first $100 levied, $.05; for all above $100, and not exceeding $500, $.04; for all above $500, and not exceeding $1,000, $.03; for all above $1,000, $.02; minimum fee, $12.
VI. For making copies of writs, each page, $1; for postage and handling of writs, each, a minimum charge of $1 with a maximum not to exceed United States Postal Service rates.
VII. For leaving the copy and return required in the attachment of real estate at the office or the dwelling house of a register of deeds, $30.
VIII. For every service of a writ of attachment with a petition or writ of summons with a petition, $36; for every service of a writ of replevin, $30; for every non est return, $12.
IX. For making a search, for taking an inventory, for conducting a sale or for waiting time, $30 per hour for the first hour, additional time charged for 30 minute increments at $15 in addition to any other fees specified in this section.
IX-a. For service of a civil order of arrest, $30 to be charged to the defendant unless the defendant, upon motion, shows the court good cause for failure to appear.
IX-b. With the exception of civil orders of arrest under paragraph IX-a, for service whenever in-hand service is required by court order or court rule, an additional $30.
X. The judicial branch shall incorporate remote technology whenever possible to minimize the amount of physical transportation and security time associated with court hearings.
XI. The judicial branch shall reimburse the sheriff's office for court security, within available funds appropriated by the legislature, $80 for each full day and $40 for each half day, plus traveling expenses to attend any official business, for any person employed as a bailiff by the sheriff's office. For the purpose of this paragraph, a half day shall be defined as a day in which a bailiff works 4 hours or less. The judicial branch shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing court bailiffs, if those costs are the result of job requirements imposed by federal and state governments.
XII. The judicial branch shall reimburse the sheriff's office for prisoner custody and control, within available funds appropriated by the legislature, $65 for each full day and $35 for each half day, plus traveling expenses to attend any official business, for any person employed as a sheriff for prisoner custody and control. For the purpose of this paragraph, a half day shall be defined as a day in which a sheriff works 4 hours or less. The judicial branch shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing sheriffs, if those costs are the result of job requirements imposed by federal and state governments. Billing for reimbursement of costs associated with video arraignments shall not be allowed under this paragraph. Custody and control of prisoners for the purpose of video arraignments shall be the responsibility of the county in which the video arraignment occurs, and such custody and control may be exercised by county correctional officers.
XIII. The fees of sheriffs and deputy sheriffs specified in paragraphs I through IV and paragraphs VII through IX-b may be increased once annually by a vote of the county convention and the total increase shall not exceed the Consumer Price Index for All Urban Consumers, Northeast Region as published by the Bureau of Labor Statistics, United States Department of Labor using the amount published for the month of June in the year prior to the start of the fiscal year on a percentage basis.

Source. RS 229:14. CS 245:14. 1866, 4248:3. GS 272:14. GL 290:14. 1883, 16:1. PS 287:16. 1901, 80:1. 1907, 63:1, 2. 1909, 70:1. 1911, 45:1. 1917, 33:1; 102:1. 1919, 114:1. 1923, 30:1. 1925, 88:1. PL 324:28. RL 380:28. 1947, 246:1. 1951, 217:1. 1953, 235:1, 2. RSA 104:31. 1957, 123:1. 1965, 316:2. 1967, 207:1. 1973, 415:3. 1975, 274:1. 1979, 157:1; 336:1. 1982, 10:2. 1985, 155:1-5. 1987, 271:1. 1994, 270:1. 1998, 297:4. 2001, 235:1. 2004, 114:4. 2006, 192:1. 2010, 245:4, eff. July 1, 2010; 245:6, eff. Sept. 18, 2010 at 12:01 a.m.; 338:1, eff. Sept. 18, 2010. 2013, 69:1, eff. Aug. 5, 2013. 2017, 156:141, eff. July 1, 2017. 2021, 91:1, eff. July 1, 2021; 104:1, eff. July 1, 2021; 104:2, eff. Aug. 30, 2021.

Section 104:31-a

    104:31-a Reports. – The chief deputy, all deputy sheriffs and special deputy sheriffs of Strafford county shall report annually to the sheriff the number of civil writs and other processes served, and said reports shall include the total amounts collected in fees and mileage charges. Such annual reports shall be incorporated into the sheriff's annual report to the county commissioners.

Source. 1971, 514:8, eff. July 6, 1971.

Section 104:32

    104:32 Nominal Attachment, Etc. – In case of a nominal attachment of personal property, or of an attachment of real estate, or of funds or property in the hands of a trustee under process of foreign attachment, the officer shall not tax any fee, or make any charge for the attachment.

Source. 1866, 4248:5. GS 272:15. GL 290:15. PS 287:17. PL 324:29. RL 380:29.

Section 104:33

    104:33 Indorsement of Fees. – The fees of every sheriff and deputy sheriff, upon a writ, process or execution by him served, shall be indorsed thereon.

Source. RS 229:15. CS 245:15. GS 272:16. GL 290:16. PS 287:18. PL 324:30. RL 380:30.

Section 104:34

    104:34 Fees of Constables. – Constables shall be entitled to the same fees as sheriffs in like cases.

Source. RS 229:19. CS 245:19. GS 272:20. GL 290:20. PS 287:19. 1905, 52:8. PL 324:31. RL 380:31.