Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-06-10
BoNDs OF sHERIFFs AND

OTHEES.
By request we publish from the EnquireEof
the Cd inst, the following opinion Of the AttoF7
Ihey General IN relation to the bonds given by
She4ifs holding over until the LIST of January,
1857; also in relation to bonds given by SheTiffs
and other public officers chosen at the late cleo
ton for the regular term of two years from the
first day of january next:
FOR raE ArD1roR OF PUBLIC AccoUSTS
The second section of the act concerning
Sheriff. de-, passed March 18th, 1856, is as
follows:
isIl1e torn of the Office of the Commissioner
of the Revenue and of the Sherifs shall COM
mence on the first day of January next after
their election. TIE SherIfs now in othce Shall
hold OYER and continue 70 exercise the duties and
powers Of their office until the commencement
of the term of Office of their successors, upon
giving bonds as now required by law for the
discharge of their duties during such contnu-
ance in Office"
Nothing in the Constitution, in my opinion,
withholds from the Legislature power to change,
before an election, and for the public convene
ence, the tune of the year at which the terms OF
| Sheriffs shall commence, as done In the hrst
part of the section. Therefore, the persons who
| have been elected sheriffs at therecent elections
though they must take the oaths and give bonds
lyery speedily, cannot act Us such sooner than
| the first day of January next, because not I'LL
! then does the term commence for which they
/ have been elected. The commencement OF an
officers term, swell as the oaths and bonds re-
quired of him by law, is a necessary part OF
his qualifcati m to act.
The Constitution provides, article 6, section
%. that Judges and all other officers, whether
elected or appointed, shall continue to discharge
the duties of their respective offices after terms
lof service have expired, until their successors
are qualified. Under this Constitutional pro-
vision, it would seem, the shcTlts now IN othce
might have continued to exercise the office I'M
till the first of January, 1857, but for the latter
part of the section above recited from the act
| of March last. That portion of the said section
| is intended to guard against difficulties which
might have arisen under the present bonds OF the
sheriFs, executed before this act passed, and
requires the shcriifs to give new bonds as con-
ditiOn of holding over after the end Of their
terms till the first of january, when the new
terms commence And this condition ] con-
slider the Legislature may rightfully attach,
under the latter clause of section 39, article i,
of the Constitution.
Nv opinion is that in no event can the newly
elected sheriffs exercise the Office earlier than
the LIST of january, 1857; that the present sher-
ills may continue after the first OF July, and up
to the first Of January, provided they give the
bond in due time; and then in case OF their fall
vacancy in the office.
Atwhat time must such bond be given? On
this the act is silent 1t may be that a sheriff
would have his right to "hold over, if he gave
the bond at any term Of his county court that
comes within sixty days after the election; for
lin that case there would be no extension OF his
time of service, but what might have been ii
the new act had never been passed. But the
safcst course will be to give at the June term.
oATEIs AND BONDS OF THE NEW OFFICERS.
1t may be well to direct the attention OF the
newly elected officers to the general provisions
and especially to the 18th section of the act pas
sed April 22d, 1852, providing for the election
&C. of county officers. That portion of thl'
section is believed to be still in force, which di
reefs that every such officer shall take the oath'
and give the bonds required of him by law
within sixty days after his election, and declare!
that II he fails to do 80, has ottee shall be dean
ed raeaut By another section and later act,
Justice of the peace is required to qualify within
thirty DAYS after he receives his commission
Therefore, the section under consideration would
seem not to apply to justices, but does seem ap
tplcable TO all the other county officers, without
regard to the time when their terms IRE 10 com
lmence, and of course to sheriifs and commits
sioners Of the revenue as well as the rest. al
of them, therefore, ought to take the oaths ant
give the bonds before the sixty days expire, ant
lit Is important that those whose bonds can only
BE- given in court, should bear the time in mind
May 90, 1856. w. p. BoCoCk.