(a)  Any town sergeant or town constable who, being disqualified and debarred from serving or executing any writ or process returnable to any court of the state under the provisions of chapter 5 of Title 9, shall serve or execute, or pretend or attempt to serve or execute, any writ or process while disqualified and debarred, shall be imprisoned not exceeding one year or fined not exceeding five hundred dollars ($500).

Terms Used In Rhode Island General Laws 45-16-12

  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(b)  Any town sergeant or town constable, while disqualified and debarred, shall not be bound or obliged to serve or execute any writ or process returnable to any court, although the writ or process is directed or given to him or her, and shall be exempt and free from all liability for his or her refusal or neglect to serve or execute any writ or process.

History of Section.
G.L. 1909, ch. 323, § 9; P.L. 1916, ch. 1349, § 1; G.L. 1923, ch. 374, § 9; G.L. 1938, ch. 336, § 9; G.L. 1956, § 45-16-12; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.