Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-06-10
RoyDs OF sHERlFFs AND OTHERS.

By request we reprbli:h from the Enquirer of the
ID inst. the following opinion Of the Attorney Gene
raj in relation to the bonds given by Shers hotinb
over until the lst Of January 1857 also IN relation
to bonds given by Sherfs and other public officers
chosen ut the late election for the regular term Of
two wears from the first day of January next:
FOR THE AUDITOR OF PUBLIC ACCOUNTS.
The second section Of the act concerning Sherits,
&c. passed March l5th 1856, is as follows:
.ha ,erm of the office of the Com nissoners of the
Revenue and of the Sheriff. shall commence on The
hrst day Of January next AFTER 'heir election: Inc
sheriff; now in office shall hold over and continue TO
commencement of the term of office nf their success
.ors upon giving bonds as now required by law Tor
the discharge of their duties during such continuance
n Office" :. -.
Nothing in the Constitution, in my opinion, with
holds from the Legislature power TO change, before
an election and for the public convenience the time
of the year ut which the terms of Shert' shall com
mence as done in the first part oi Inc sect'"n Ihere
FORE the persons who have been elected shert a' he
acent elections though they rst taKe the oaths ana
,ive bonds very speedily, cannot act as such sooner
than the first day of January next, because NOT MI
then does the term commence Tor "hich they nave
ba.n elected. The commencement OF an othcer
tsrn AS well as the oahs and bonds required OF him
v Law s necessary part of his qualification to act
Tn. Constitution provides, article D. section rs that
;vdyss and all other officers, whether elected or aP'
nontd shall continue to discharge the duties OF their
ssnenre offices after their terms of service nave ex-
pired' until their successors are qualified Under
rh;s constutional provision it would seem. the she.
riffs now in Office might have continued TO exercise
the office until The lst of January, 1857, but for the
latter part of the section above reced from the act
of March last. That portion OF the said section Is IN,
tended to guard against difficulties which might have
arisen under the present bonds OF the sher''t5 exscu
ted before this act passed, and requires m sheris 10
give new bonds as n condition Of holding over after
the end of their terms till the Let ut january wheh
the new terms commence. And this c"ndlton con-
slider the Legislature may rghuully attach under tie
latter clause Of section 49, article a. OF the Constu'
tiou.
My opinion is that in no event the newly elected
shers exercise the Office earlier than the LIST January
1857 that the present shers may continue after The
lst July, and up to the lst January provided they
give the bond in due time; and that in ot their
failure refusal to give such bond, there will be
vacancy in the Office.
At what time must such bond be givenl On this
the act is silent. 1t may be that sheriff would have
his right to "hold over if he gave the bond at any
tsrm of his county court that comes within sixty
dsvs nter the elections for u that case there would
he no extension of his time of service, but what
mi,ht have been it the new act had never been pass.
aJ But the safes, course will be to give at the June
term.