Colorado § 30-10-504 - Undersheriff - duties - vacancy.

§ 30-10-504. Undersheriff - duties - vacancy.

The sheriff of each county, as soon as may be after entering upon the duties of his office, shall appoint some proper person undersheriff of said county, who shall also be a general deputy, to serve during the pleasure of the sheriff. As often as a vacancy occurs in the office of such undersheriff, or he becomes incapable of executing the same, another shall in like manner be appointed in his place.

Source: G.L. § 491. G.S. § 595. R.S. 08: § 1275. C.L. § 8750. CSA: C. 45, § 97. CRS 53: § 35-5-9. C.R.S. 1963: § 35-5-9.

Cross references: For substitute officers having the same powers and compensation, see § 30-10-106.

ANNOTATION

Under this and the two following sections, the sheriff is primarily liable to any person who may be damaged by the improper official acts of his undersheriff, because in legal contemplation, all the acts of the undersheriff are the acts of the principal, for which he and his bondsmen are liable, while he has his remedy over against the undersheriff and his bondsmen; this being the law, the acts and doings of one as undersheriff could only be regarded by the defendant as those of the sheriff, insofar as they were the official acts of the office. Barton v. Continental Oil Co., 5 Colo. App. 341, 38 P. 432 (1894).

And where a deputy sheriff is acting in his official capacity and under color of his office, if in the performance thereof, he exceeds the limit of his authority, not only is the deputy himself liable to one injured thereby, but the sheriff and the latter's official surety are also liable. Corder v. People ex rel. Smiley, 87 Colo. 251, 287 P. 85 (1930).

But the sheriff is not responsible for the unofficial or extra-official acts of his deputy. Barton v. Continental Oil Co., 5 Colo. App. 341, 38 P. 432 (1894).

Nor are sureties of sheriff. For an unlawful act of a deputy sheriff, which is not committed by him in the discharge of his official duties, while he himself is liable to damages to one injured thereby, sureties on the official bond of a sheriff may not be held. Corder v. People ex rel. Smiley, 87 Colo. 251, 287 P. 85 (1930).

Thus, the act of an undersheriff in entering satisfaction and releasing an attachment of real estate is unofficial and void. Barton v. Continental Oil Co., 5 Colo. App. 341, 38 P. 432 (1894).

If the sheriff or undersheriff retains money received officially, the sheriff, as an officer of court, may be held liable to a proceeding for contempt, but such summary proceedings for the collection of a debt should be discouraged. Barton v. Continental Oil Co., 5 Colo. App. 341, 38 P. 432 (1894).

The service of garnishee process on a deputy does not act upon a fund in his hands collected under execution, because, in law, it is in the possession of the sheriff; neither does it relieve his principal from accounting for the money. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).

No estoppel as to sheriff. A sheriff is not, by the extra-official and unwarranted acts of his undersheriff in entering satisfaction and release of attachment of real estate, estopped to deny the receipt of the money. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).