CHAPTER III: ON THE OBLIGATIONS OF AN OFFICER

1066. • An officer (constable, sheriff) is he who from office carries a command of appearing in judgment (citation, warrant) and the mandates of justice, and performs the executions decreed by the judge. Hence the office of an officer is twofold.

Since officers are ministers of justice, it is exceedingly fitting that they perform their office very humanely, and temper the rigor and harshness of their ministry as much as can be done. They must be sufficiently instructed concerning all things which pertain to their office. They must also furnish fidelity in executing the mandates of the tribunal, and in guarding themselves both from negligence in performing their office, and from rigor and vexation toward those whom public justice pursues.

1067. • Officers act unjustly especially:

1° If they allow themselves to be corrupted by price or favor to the prejudice of the client, for example by drawing out or neglecting announcements of sentences, or by doing other things whence it happens that the creditor cannot receive payment. Likewise by favoring certain debtors bound in solidarity, so that they do not comprehend them in executions.

2° If while searching houses they act more harshly, so that they may extort some gift; if they inflict unjust force or another injury; if they announce something false in their acts.

3° If they exceed the mandate of the judge, or the statutes of the law in seizing the things or goods of private persons; if they do not observe the just price in the sale of seized things, etc.; if they retain part of this price for themselves, etc.