USA > Iowa > Clay County > History of Clay County, Iowa, from its earliest settlement to 1909 > Part 12
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1884-J. G. Dodd, chairman; T. P. Bender, J. P. Mills, G. M. Smith, James Goodwin.
1885-J. P. Mills, chairman ; J. G. Dodd, James Goodwin, T. P. Bender, J. W. Fairbanks. Mr. Fairbanks resigned and J. A. Kirchner was appointed. 1886-T. P. Bender, chairman; H. J. Taber, R. B. Jones, J. A. Kirchner. J. G. Dodd, (resigned), John Mates, (appointed).
1887-T. P. Bender, chairman; R. B. Jones, H. J. Taber, John Mates, R. A. Stewart.
1888-T. P. Bender, chairman ; H. J. Taber, John Mates, R. A. Stewart. 1889. Board of Supervisors.
T. P. Bender, chairman ; Weis, Vincent.
Representative.
James Mercer 1089
C. P. Buckey 2
E. Boyer . . I
M. H. Richards. 6
A. W. Sleeper
II
Auditor.
George E. Phelps. 939
J. M. Davis. 614
Henry B. Wood. 3
Scattering 14
104
HISTORY OF CLAY COUNTY
Treasurer.
George E. Runyan. 1599
Sheriff.
P. W. Madden.
1036
Elizah Pickering
589
Superintendent of Schools.
John Dolvin
I570
Scattering
12
Surveyor.
John T. Painter. 1590
A. W. Drake. 2
Coroner.
Jacob Rood
1587
Scattering
18
Board of Supervisors. (Fourth District.)
P. C. Blackmer
199
Ed. Sitz. 90
J. B. Lamb
I
1890. District Judge.
George H. Carr. 1072
Clerk of District Court.
A. H. Cheney
1046
T. G. Alvord
494
E. H. Parish
I
Recorder.
Mrs. D. N. Dickinson 934
John Andrew 345
Peter Flannigan.
268
County Attorney.
A. C. Parker 1039
J. E. Steele. 367
L. Gowan.
3
Supervisors.
(For Douglas, Harland and Garfield.) George Ross. 94
L. Gowan
85
( For Spencer and Meadow.)
T. I'. Bender (received total vote
cast )
329
1891. State Senator.
A. B. Funk. I335
C. C. Painter.
751
James Goodwin.
II35
E. Boyer.
786
G. A. Capstic.
86
Scattering
2
Treasurer.
George E. Runyan. 858
Geo. W. Anderson
490
C. E. Blondel
478
E. H. Crandall
212
J. H. Walsh.
3
Superintendent of Schools.
John Dolvin.
718
Harlin Buck
706
L. C. Ford.
486
J. Lamar
143
Sheriff.
P. W. Madden
969
T. C. Dodd.
629
Wm. Mincer
418
Frank Smith.
40
Surveyor.
A. W. Drake.
I34I
Eben Bailey
4
Coroner.
S. J. Green.
917
Scattering
7
Supervisors. (First District .;
J. B. Wilson .
2II
Thos. Kenderdine.
72
(Third District.)
.A. WV. Sleeper
349
John Wilburn
99
1892.
Judge District Court.
Lot Thomas
1538
Auditor.
George E. Phelps 1552
M. Tell, Jr
641
A. J. Rowley.
142
Clerk District Court.
A. H. Cheney
534
G. E. Cooper
659
J. R. Ketcham
I43
Recorder.
T. P. Powell.
1273
Representative.
Fannie E. Hagerty
712
John Copper
I
105
HISTORY OF CLAY COUNTY
County Attorney.
A. C. Parker. 1450
Guy H. Martin. 789
Sheriff.
J. B. Lewis. .
1531
August Steigleder. 671
C. L. Shultz
1.42
Supervisors. ( Fourth District. ) P. C. Blackmer . 254
IV. W. DeWitt.
1.47
1893. Representative ..
W. W. Cornwall . 1349
Joseph Schenk. 515
J. C. Baker.
183
Treasurer.
C. E. Blondell. 1353
Geo. E. Cooper. 512
George Jones, Sr 172
George E. Runyan.
2
Superintendent of Schools.
George E. Reed 1413
Mabel Andrews.
477
John Dolvin.
I
Sheriff.
John B. Lewis. 1440
M. G. Shull 446
F. A. Hiser. 163
John Hopkins
I
Surveyor.
P. M. Moore
1387
A. W. Drake.
54
Coroner.
H. Shipley .
14II
James Livingston 176
J. E. Green
I
Supervisor. ( For Second District.)
J. F. Lundy. 446
E. H. Tryon 178
Frank Riley.
27
(For Fifth District.)
J. A. Platt.
I36
J. L. Eckley
I34
Judge District Court.
William B. Quarton
1438
C. E. Cohoon.
682
Auditor.
G. E. Phelps.
I474
C. P. Buckey.
453
A. J. Livingston
226
Clerk District Court.
C. H. Staples.
1233
C. E. Johnson
554
George Capstic
314
William Barnes
42
Recorder.
T. P. Powell.
1466
Wirt Bronson
437
Mary Riley.
229
County Attorney.
Guy H. Martin. 143I
Vernon D. Buck.
564
Fred Kirkpatrick
2
Scattering
I
County Attorney to Fill Vacancy.
Guy H. Martin.
I190
Vernon D. Buck.
21
Fred Kirkpatrick.
2
Superintendent of Schools.
Ellen Reed.
1968
Scattering
I
Supervisor. (First District.)
Thomas Kenderdine
213
W. H. Moore.
105
G. G. Buck.
26
(Third District.)
A. W. Sleeper
28.1
W. H. Webb
146
On the question, Shall a poor house be established and erected at a cost not to exceed $8,000.
For 987 Against .
382
1895
State Senator.
A. B. Funk. . . 1274 T. J. Hughes . . . . .. 340
Scattering
3
100
HISTORY OF CLAY COUNTY
Representative.
W. W. Cornwall I288
A. J. Rowley 102
Scattering IO
Treasurer.
C. E. Blondell.
I330
Charles Prichard. 338
G. G. Beck 241
Scattering
I
Sheriff.
J. B. Lewis
1334
T. D. Griggs 330
G. W. Jones 235
Scattering
2
Superintendent of Schools.
Ellen Reed 1716
Scattering 6
Coroner.
John Andrews. 1283
William Battin. 365
Jacob Rood.
241
Surveyor.
Frank Austin. 1291
Charlton Bailey 399
F. A. Gossman 2II
Scattering
I
Supervisor. (Fourth District.)
P. C. Blackmer 232
Scattering
3
1896. Judge of District Court.
Lot Thomas. 1905
W. W. Cornwall.
I
Auditor.
William Barnes
1903
H. S. Parker 930
Clerk of District Court.
C. H. Staples
1884
C. H. Woodruff.
937
Recorder.
T. P. Powell.
1896
F. J. Crane
931
County Attorney.
Guy H. Martin.
I683
Frank Richardson
II43
Supervisor. (Second District. )
J. F. Lundy
618
H. Walker
258
( Fifth District. )
Charles Gillmore.
249
J. W. Cook
II4
1897. Representative.
W. W. Cornwall 1183
Ed. Anderson 1017
C. W. Gillmore.
I
. Treasurer.
Jasper Messenger
1513
G. G. Buck.
66c
George Jones
49
Scattering
3
Sheriff.
J. B. Lewis.
1516
G. F. Martin.
652
J. L. Rowley
52
Superintendent of Schools.
Ellen Reed.
1509
Mrs. J. W. Lauck
659
F. J. Crane.
50.
Scattering
2
Surveyor.
P. M. Moore
I490
J. A. Griffin.
669
John Phillips
53
Scattering
I
Coroner.
John Andrews
1473
E. Hallock.
680
C. T. Ressel.
54
Scattering
I
Supervisor. (First District.)
Thomas Kenderdine. . 309
(Third District. )
A. W. Sleeper
235
Ed. Moeller
215
1898. Judge District Court.
W. B. Quarton
I359
F. H. Helsell.
1235
J. W. Sullivan
671
C. E. Cohoon
770
FIRST CONGREGATIONAL CHURCH, SPENCER
THE NEW YORK PUBLICLIBRARY
ASTOR. LENNY TILDEN FOUNTAINS
109
HISTORY OF CLAY COUNTY
Auditor.
William Barnes. I526
George H. Moeller . 526
Clerk District Court.
Chas. S. Weaver.
556
Wm. A. O'Donnell
502
Recorder.
T. P. Powell.
I279
John Lawler
783
County Attorney.
Robt. M. Bush
1510
A. O. Russell
540
Supervisor. (Fourth District. )
H. H. Powell
212
Eben Bailey
195
1899. State Senator.
E. W. Bachman
I 599
Vernon W. Buck 658
Representative.
E. P. Barringer
1348
H. S. Parker ..
887
Treasurer.
Jasper Messenger
1667
A. M. Jones
620
Sheriff.
J. B. Lewis.
1647
T. D. Griggs
638
John Andrew
I
Superintendent of Schools.
Ellen Reed. 1672
Miss Berry Buck. 606
Mrs. C. C. Little.
3
Orville A. Hammond.
I
Surveyor.
P. M. Moore.
1661
C. J. Madsen
602
Coroner.
S. J. Green
1909
Wm. O'Donnell.
631
Supervisor. (Second District.)
A. F. McConnell.
634
H. R. Brownell.
180
( Fifth District.)
Charles Gillmore.
203
Lewis Lewis.
I
1900. Judge of District Court. A. D. Bailie. 2309
I. W. Bane.
777
Clerk of District Court.
C. S. Weaver
2350
Paul M. Miller
746
Recorder.
W. L. McCown
2333
Eugene Slowey.
762
Auditor.
William Barnes
2328
Ed Moeller .
761
County Attorney.
Robt. M. Bush
2330
Vernon W. Buck.
758
Supervisor. (First District.)
J. H. Walsh
327
J. W. O'Neil
182
(Third District.)
John Adams
339
Charles King
259
1901. Representative.
A. H. Cheney.
283
H. A. Powers.
296
Treasurer.
Jasper Messenger
1277
C. Welch
301
Sheriff.
John H. Price.
1276
P. A. Clark.
298
J. B. Lewis.
I
Superintendent of Schools.
H. F. Fillmore.
1274
Eben Bailey
304
Surveyor.
P. M. Moore.
1265
Frank Smith
304
Coroner.
S. J. Green
1283
Jolın Stuhr.
I
T. H. Johnson
I
Earl Bronson.
I
A. Jones
I
M. W. Page
I
CLAY 7.
110
HISTORY OF CLAY COUNTY
Supervisor. (Fourth District.)
H. H. Powell. 242
F. W. Walker.
I
1902. Judge of District Court.
Wm. B. Quarton 1398
L. Scharenberg 1
Clerk of District Court.
Charles S. Weaver
1443
J. S. Walker.
365
Recorder.
W. L. McCown. 1417
L. Koechert.
369
Auditor.
Wm. Barnes
1423
E. F. Slowey
37
County AAttorney.
Robt. M. Bush
414
Vernon W. Buck.
380
Coroner. (To Fill Vacancy.)
John Andrew
1415
A. M. Jones.
1
Supervisor. ( Second District. )
A. F. McConnell. 565
H. R. Buck
135
( Fifth District. )
Charles Gillmore.
188
1903. State Senator.
George Kinne. 1345
Lewis Stuehman 349
A. J. Rowley.
I
Representative.
A. H. Cheney 1344
O. E. Johnson 351
A. E. Wells
I
John Cory
I
Treasurer.
John McWhirter I335
George B. Bender . 346
Nathan Pickering.
72
Sheriff.
John H. Price.
334
Wm. Marlow
355
A. W. Duboise.
68
C. W. Mills.
3
Superintendent of Schools.
H. F. Fillmore.
I342
Thomas Dunn.
344
B. F. Ellsworth
66
Surveyor.
P. M. Moore.
343
A. R. Claxton
357
Coroner.
John Andrews.
1332
H. O. Green
375
Supervisor. ( First District. )
J. H. Walsh.
198
Win. McCurdy
15
( Third District. )
John Adams
226
R. H. Knight
I
1904. Judge of District Court.
A. D. Bailie
2151
J. A. Reid.
2
HI. J. Buck.
T. J. O'Donnell
I
Auditor.
E. F. Marker.
377
Frank L. Brodgate.
254
Clerk of District Court.
C. S. Weaver
2151
Harry Dunn.
489
J. E. Rubes
1
Recorder.
W. L. McCown.
2142
Erick M. Horner
497
County Attorney.
Fred Kirkpatrick.
2139
A. R. Claxton .
495
Coroner. (To Fill Vacancy. )
A. S. Mack.
2094
Wm. A. O'Donnell
509
Supervisors. (Fourth District. )
H. H. Powell.
938
WV. A. Gehring
2
A. W. Hunter
I
Morriss Lacey
2
111
HISTORY OF CLAY COUNTY
Judge of District Court. Dannie F. Coyle 153I
Scattering I
Representative.
Benj. F. Felt, Jr 1510
Hiram O. Green.
1414
Auditor.
E. F. Marker
1484
Fred Plagman. 500
Treasurer.
John McWhirter
1538
George Broon
424
Clerk District Court.
C. S. Weaver
1624
375
Frank Huss
Sheriff.
C. M. Pinneo ..
1154
J. H. Price.
942
Recorder.
W. L. Mccown
1578
Wirt Bronson
423
County Attorney.
F. Kirkpatrick
1539
A. R. Claxton
387
Superintendent of Schools.
Mary Riley 1693
H. F. Fillmore. IO8
Surveyor.
P. M. Moore
I539
John Stuhr
37I
Coroner.
A. S. Mack ..
159I
Supervisor. ( First District.)
C. F. Johns. 224
A. M. Jones
216
( Second District.)
J. P. Mills.
519
HI. S. Parker
129
(Third District.)
John Adams
227
George W. Moeller
152
(Fourth District. )
1I. HI. Powell
272
Robert Fisk
78
( Fifth District. )
Charles Gillmore
188
POWERS AND DUTIES OF COUNTY OFFICERS.
BOARD OF SUPERVISORS.
The board of supervisors at any regular meeting shall have the following powers, to wit:
To appoint one of their number chairman, and also a clerk in the absence of the regular officers ;
To adjourn from time to time as the occasion may require ;
To make such orders concerning the corporate property of the county as they may deem expedient ;
To examine and settle all accounts of the receipts and expenditures of the county, and to examine, settle, and allow all just claims against the county unless otherwise provided for by law;
To build and keep in repair the necessary buildings for the use of the county and of the courts;
To cause the county buildings to be insured in the name of the county, or otherwise, for the benefit of the county, as they shall deem expedient, and in case there are no county buildings, to provide suitable rooms for county purposes ;
To set off, organize, and change the boundaries of townships in their respective counties, designate and give names thereto and define the place of holding the first election ;
112
HISTORY OF CLAY COUNTY
To grant licenses for keeping ferries in their respective counties as provided by law ;
To purchase for the use of the county, any real estate necessary for the erection of buildings for county purposes, to remove or designate a new site for any county buildings required at the county seat, when such removal shall not exceed the limits of the village or city at which the county seat is located ;
To require any county officer to make a report, under oath, to them on any subject connected with the duties of his office, and to require any such officer to give such bonds, or additional bonds, as shall be reasonable or necessary for the faithful performance of their several duties; and any such officer who shall neglect or refuse to make such report or give bonds within twenty days after being so required, may be removed from office by the board by a vote of a' majority of the members elected ;
To represent their respective counties, and to have the care and manage- ment of the property and business of the county in all cases where no other provision shall be made ;
To manage and control the school fund of their respective counties as shall be provided by law ;
To appoint commissioners to act with similar commissioners duly appointed in any other county or counties, and to authorize them to lay out, alter, or discontinue any highway extending through their own and one or more other counties, subject to the ratification of the board ;
To fix the compensation of all services of county and township officers not otherwise provided for by law and to provide for the payment of the same :
To authorize the taking of a vote of the people for the relocation of the county seat as provided by law ;
To alter, vacate, or discontinue any state of territorial highway within their respective counties ;
To lay out, establish, alter, or discontinue any country highway heretofore or now laid out, or hereafter to be laid out through or within their respective counties as may be provided by law ;
To provide for the erection of all bridges which may be necessary, and which the public convenience may require within their respective counties, and to keep the same in repair ;
To determine what bounties, in addition to those already provided by law, if any, shall be offered and paid by their county on the scalps of such wild animals taken and killed within their county as they may deem it expedient to exterminate. But no such bounty shall exceed five dollars ;
To purchase for the use of the county any real estate necessary for the erection of buildings for the support of the poor of such county and for a farm to be used in connection therewith ;
To have and exercise all the powers in relation to the poor given by law to the county authorities ;
To make such rules and regulations, not inconsistent with law, as they may deem necessary for the government of their body, the transaction of business and the preservation of order ;
The board of supervisors shall constitute the board of county canvassers.
113
HISTORY OF CLAY COUNTY
COUNTY AUDITOR.
The county auditor shall: Record all the proceedings of the board in the proper books provided for that purpose ;
Make full entries of all their resolutions and decisions on all questions concerning the raising of money, and for the allowance of money from the county treasury ;
Record the vote of each supervisor on any question submitted to the board, if required by any members present ;
Sign all orders issued by the board of supervisors for the payment of money and record in a book provided for the purpose the reports of the county treas- urer of the receipts and disbursements of the county ;
Preserve and file all accounts upon by the board, with their action thereon, and perform such special duties as are or may be required of him by law ;
Designate upon every account on which any sum shall be allowed by the board, the amount so allowed and the charges for which the same was allowed ;
Deliver to any person who may demand it a certified copy of any record or account in his office on payment of his legal fees therefor.
The auditor shall not sign or issue any county warrant except the recorded vote or resolution of the board of supervisors authorizing the same, except for jury fees, and every such warrant shall be numbered, and the date, amount and number of the same, and the name of the person to whom issued, shall be entered in a book to be kept by him in his office for the purpose ;
Whenever the auditor of any county shall receive from the state auditor notice of the apportionment of school moneys to be distributed in the county, he shall file the same in his office and transmit a copy thereof before the board at its next regular meeting ;
The county auditor shall have the general custody and control of the court- house in each county, respectively, subject to the direction of the board of supervisors ;
The county auditor shall report to the secretary of state the name, office, and term of office of every county officer elected or appointed, within ten days after their election and qualification, and the secretary of state shall record the same in a book to be kept for that purpose in his office ;
In order to enable the clerk of the district court properly to comply with the provisions of section two hundred and three of the code, it is made the duty of the county auditor to report to said clerk, before the first day of November in each year, the expenses of the county for criminal prosecutions during the year ending the thirtieth day of September preceding, including, but distinguishing, the compensation of district ( county) attorney ;
The clerk of the district court and county recorder shall each be eligible to the office of county auditor, and may discharge the duties of both offices ;
The offices of the county auditor and county treasurer shall not be united in the same person. The auditor and his deputy are prohibited from acting as attorney, either directly or indirectly, in any matter before the board of supervisors.
114
HISTORY OF CLAY COUNTY
COUNTY TREASURER.
The treasurer shall receive all money payable to the county, and disburse the same on warrants drawn and signed by the county auditor and sealed with the county seal, and not otherwise ; and shall keep a true account of all receipts and disbursements, and hold the same at all times ready for the inspection of the board of supervisors.
When the warrant drawn by the auditor on the treasurer is presented for payment, and not paid for the want of money, the treasurer shall indorse thereon a note of that fact and the date of presentation, and sign it, and thenceforth it shall draw interest at the rate of six per cent; and when a warrant which draws interest is taken up, the treasurer is required to indorse upon it the date and amount of interest allowed, and such warrant is to be considered as canceled and shall not be reissued.
County treasurers are hereby authorized to issue calls for outstanding war- rants at any time he may have sufficient funds on hand for which such warrant was issued ; and from and after such calls have been made, public interest shall cease on all warrants included in said call.
County treasurers shall publish said notice twice in the newspaper having the largest circulation in the county in which such publication is made, and each notice shall designate the warrants called.
The treasurer shall keep a record of the number and amount of the warrants presented and indorsed for non-payment, which shall be paid in the order of such presentation. When there are funds in the treasury for their payment to an amount sufficient to render it advisable, he shall give notice to what number of warrants the funds shall extend, or the number which he will pay, by posting a written notice in his office, and at the expiration of thirty days from the date of such posting, interest on the warrants so named as being payable shall cease.
When a person wishing to make payment into the treasury presents a war- rant of an amount greater than such payment, the treasurer shall cancel the same and give the holder a certificate of the overplus, upon the presentation of which to the county auditor he shall file it and issue a new warrant of that amount, and charge the treasurer therewith, and such certificate is transferable by delivery, and will entitle the holder to the new warrant, which, however, must be issued in the first drawee's name.
The treasurer shall keep a book, ruled so as to contain a column for each of the following items in relation to the warrants drawn on him by the auditor : The number, date. drawee's name, when paid, to whom, original amount, and interest paid on each.
The treasurer shall keep a separate account of the several taxes for state, county, school and highway purposes, opening an account between himself and each of those funds, charging himself with the amount of the tax, and crediting himself with the amounts paid over severally and with the amount of delinquent taxes when legally authorized so to do.
The warrants returned by the treasurer shall be compared with the warrant book, and the word "canceled" be written over the minute of the proper numbers in the warrant book, and the original warrant be preserved for at least two years.
115
HISTORY OF CLAY COUNTY
The treasurer is required to make weekly returns to the auditor of the number, date, drawee's name, when paid, to whom paid, original amount, and interest, as kept in the book before directed.
A person re-elected to or holding over the office of treasurer, shall keep separate account for each term of office.
COUNTY RECORDER.
The recorder shall keep his office at the county seat, and he shall record at length and as speedily as possible all instruments in writing which may be delivered to him for record, in the manner directed by law.
The same person may be eligible to and hold the office of county recorder and county treasurer ; provided, the number of inhabitants in such county does not exceed ten thousand.
No person shall be disqualified for holding the office of county recorder on account of sex.
COUNTY SHERIFF.
The sheriff shall, by himself or his deputies, execute according to law, and return all writs and other legal processes issued by lawful authority and to him directed or committed, and shall perform such other duties as may be required of him by law.
His disobedience of the command of any such process is a contempt of the court from which it issued, and may be punished by the same accordingly, and he is further liable to the action of any person injured thereby.
He has the charge and custody of the jail or other prison of his county, and of the prisoners in the same, and is required to receive those lawfully com- mitted, and to keep them himself, or by his deputy or jailer, until discharged by law.
The sheriff and his deputies are conservators of the peace, and to keep the same, or to prevent crime, or to arrest any person liable thereto, or to execute process of law, may call any person to their aid, and, when necessary, the sheriff may summon the power of the county.
The sheriff shall attend upon the district (and circuit) courts of his county, and while either remains in session he shall be allowed the assistance of such number of bailiffs as either may direct. They shall be appointed by the sheriff and shall be regarded as deputy sheriffs, for whose acts the sheriff shall be responsible.
No sheriff, deputy sheriff, coroner, or constable, shall appear in any court as attorney or counsel for any party, nor make any writing or process to commence, or to be in any manner used in the same, and such writing or process made by any of them shall be rejected.
No sheriff, deputy sheriff, coroner, or constable, shall become the pur- chaser, either directly or indirectly, of any property by him exposed to sale under any process of law, and every such purchase is absolutely void.
Sheriffs and their deputies may execute any process which may be in their hands at the expiration of their office, and, in case of a vacancy occurring in the office of sheriff from any cause, his deputies shall be under the same obligation
116
HISTORY OF CLAY COUNTY
to execute legal processes then in his or her hands, and return the same, as if the sheriff had continued in office, and he and they will remain liable therefor under the provisions of law as in other cases.
Where a sheriff goes out of office, he shall deliver to his successor all books and papers pertaining to the office, and property attached and levied upon, except as provided in the preceding section, and all prisoners in the jail, and take his receipt specifying the same, and such receipt shall be sufficient indemnity to the person taking it.
If the sheriff die or go out of office before the return of any process then in his hands, his successor, or other officer authorized to discharge the duties of the office, may proceed to execute and return the same in the same manner as the outgoing sheriff should have done, but nothing in this section shall be construed to exempt the outgoing sheriff and his deputies from the duty imposed on them by section three hundred and thirty-seven of this chapter (472), to execute and return all processes in their hands at the time the vacancy in the office of sheriff occurs.
On the election or appointment of a new sheriff, all new processes shall be directed to him.
If the sheriff, who has made a sale of real estate on execution, die, or go out of office before the period of redemption expires, his successor shall make the necessary deed to carry out such sale.
COUNTY CORONER.
It is the duty of the coroner to perform all the duties of the sheriff when there is no sheriff, and in cases where exception is taken to the sheriff as pro- vided in the next section.
In all proceedings in the courts of record where it appears from the papers that the sheriff is a party to the action, or where, in any action commenced or about to be commenced, an affidavit is filed with the clerk of any court stating that the sheriff and his deputy are absent from the county and are not expected to return in time to perform the service needed ; or stating a partiality, prejudice, consanguinity or interest on the part of the sheriff. the clerk of the court shall direct process to the coroner, whose duty it shall be to execute it in the same manner as if he were the sheriff.
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