Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1856-06-05
BONDS or snERIrrs AND OTHERS.


We have been requested to publish the ollow ing opin-
ion OF the Attorney General in relation the bonds
be given by Shcrs holding until the LIST Of January
1887 also in relation the bonds to be given by shcs
and other public officers chosen the late election
the regular years from the first day January
next.-Riehmond Enquirer
FoR ruw AUDITOR ACCOUNTS.
The second section OF the concerning sheriffs :"
&c, passed March 18th, 1886, is A. follows
1.-THE term Of the office OF the Commissioners OF the
Revenue aud OF the Sherhs shall commence the first
day OF January alter the election The Shers now
in Office shall hold and continue exercise the du-
ties aud poSers OF their Offices until the
OF the term OF Office Of their upon giving bonds
required nv law for the discharge OF their duties
during such continuacc in Office"
Nothing in the Constitution in opinion wthhods from
the Legislature power to change. before election and
Tor the public convenience the time of the year at which
the terms OF sherfs shall confluence done ia the first
part Of thu section Therefore, tho persons who hav,
been elected sheriff at the elections though they
must take the osths and give bonds speedily cannot
act as such sooner than the first day Of January next
because till then does the comnencc for which
they have been elected. The commencement OF an OH
GERS term as well a. the oaths aud hond- required OF him
by law neccssarv part OF his qualification to act
The constitution provides, article D. section 2S that
judges aud all oDr officers whether elected appointed
shall continue TO discharge the duties OF their respective
officers alter their of service have expired until
their SUCCESSORS qualified Under this constitutional
provision il would seem the sherfs in Office might
have continued to exercise fhe office till the first Jan
1000, latter the section above
cited from the act OF March last That portion the said
section Is intended to guard against difficulties which
might have arisen under the present bonds the sheriff.
executed before this passed. and requires the sher
to give good bonds condition holding over alter
the end OF their terms till the Let Of January ~hen the
new terms commence Aud this condition consider the
Legislature may ghtuy sttach under tho latter clause
OF section SS article l. of the Consultation
Ny opinion - that IN can the newly elected
SHERIFF. exercise the office earlier than the Let January
1884, that the present sheriifs continue after the III
july and up o She LIST January provided thew rive the
BOND IN due tn aud that in oi their failure or re
sal TO give such bond there will be vacancy in the OF,
fee
AT what time must such bond be giyeng On this the
act silent IL be that sheriff would hi, right
TO mold over II he gave the bond OF hs county
court that comes within sixty days alter the election for
III that case there would be extension Of his time of ser
vice, but what might have been ihr act had never
been passed But the safest course will be to give il nj
the June term.
oArIIs AND BONDS Oh OFFICERS
IL may be well 10 direct the attention the newly cleo.
ted officers to the general provisions aud especially To the
18th section OF the act passed April s2d 1852 providing
tor the election, &c, OF county officers That portion i
this section believed still III force which directs
that every such officer shall take the oaths aud give t.
bonds required OF him by lew within sixty dlys after h
election, and declares that he faiIs 10 do So his of,
shall be deeed rdod' BY another section and later act
Justice OF the peace is required qualify within thirty
days after he receives his commission Therefore th.
Justices But does applicable all the other cou
officers, without regard the time when their terms
are Ia commence, and of course Shers aud Comi,.
.iOhers o tile Revenue well the rest All OF them
therefore, ought 10 take the oaths and give the bonds be-
fore the sixty days expire, aud il important that
those whose bonds only given IN court should bear
the time in mind
May %, 1886. w T. BOCOCK