American union. [volume] (Morgantown, Va. [W. Va.]) 1855-1859, 1856-06-28
...s From tie Richmond Enquirer
WOnds OF ShcriGfs ;slad Others,

! ..s. .e- From the Richmond Enquirer
bonds OF Shcriffs ;snd Others.
| We have been requested to publish
1 the following opinion of the Attorney
| General, in relation to the bonds TO be
given by Sherifls holding over until the
lst Of January, 1857; also in relation
TO the bonds TO bo given by sherilTs and
other public officers chosen us the late
election fvr the regular term of two
years from the FIST day of January
next. a. ....
FOR Tns AUDITOR OF PUBLIC ACcouNrc.
! The second section Of tile act Econ.
corning Sheriff." &c, passed March
18th, 1855, is as follows :-s .... ...
The term Of office of tho Commis.
sioners ofthe Revenue and ofthe Sher-
| ills shall commence on the FIRST day of
January next after the election. The
Sheritis now in Office shall hold over
and Continue to exercise the duties and
powers of their Offices until the com.
mencement ofthe term of Office Of their
successors, upon giving bonds as now
required by law, for the discharge of
their duties during such continuance in;
Office" s
Nothing in the Constitution, in my 0.
Pinion, withholds from the Legislature
power TO change, before an election,
and for the public convenience, the time
of the year at which the terms of Shcr,
ills shall commence, as done in the first
part of the section. Therefore the nor.
sens who have been elected sheriff at the
recent elections, though they must take
the oa'hs and give bonds very speedily,
capnot act as such sooner than the first
day of January next because not ill
then doesthe term commence for which
they have been elected. The com.
mencement of an officers term, as we'll
as the oalhs and bonds required of him
by law, is a necessary part of his quail.
fcation to act.
The Constitution provides, article 6,
section 20, that judges and all other of:
iicers, whether elected or appointed,
shall continue 10 discharge the duties Of
their respeCtice Offices after their terms
OF service have expired, until their sue
ceszors are qualified. UDder this con-
siitntional provision, it would seem the
j sheritis now in Office nigh, hsve CON
tnued to exercise the Office tilfthe first
Of January, 1857, but for the lattor part
of the section above recited, from the
act of March last. That portion of said
section is intended to guard agQiust DIFF
iicu'Iies which have arisen under the
preseD, bonds Of the shorifs, executed
before this act passed, and required the
sherifis to give good bonds as condi.
ton of holding over after tho end OF
their terms till tho last Of January.
when the now terms commence. Gnd
this condition consider the legislature
may rightfully attach under the latter
clause, of section SO article 4, Of the
Constitution.
My opinion is that in no ovopt can
tho newly elected shcrifls exercise the
office carier than the lst Of January
1857. that the present sherins may con.
tinue after the lst of July, and up to tho
lSt Of January, provided they give the
bond IN due time, and that in case Of
their failure or refusal 10 give such
bond there will be vacancy in tho Of.
fee. ....
And what time must be given On
this the act is silent. 1t may be that d
sheriff would save his right To "hold o.
yer" if he gave the bond at the term of
his county court that comes within six.
! ty days after the election for in tha,
case there would be no extension of his
time of service, but what might have
been IN the new act had il never been
passed. But the safest course will be
to give it at the Juno term, ......
oATns AND BONDS OF THE NEW oryicrns.
! 1t may be ollto direct the attention
of the newly elected officers to the gen.
oral provisions, and especially to the
1911 section Of the act passed April 22d
1852, providing for tho election &C., of
county officers. That portion Of Ibis
section | believed to bo still in force
which directs that every such officer
shall take the oaths and give the bonds
required Of him by law, within sixty
days after his election. and declares
that if ho fails to do his o6icc SAaH be
deem cd Cdcant. By another section and
later act, Justice Of the peace is re.
qnired to qualify within thirty days ec
ter he receives his commission. There.
foro tho section under consideration,
would seem not TO epply to Justices
But does seem applicable TO all tho 9th.
other county officers, without regard TO
the time when their terms arc to com.
'noucc, aud Of course to Shcrifrs and
Commissioners Of The Revenue, as well
as tho rost All Of them, therefore
ought to take tho oaths and give tho
bonds before the sixty days expire, and
u is important that those whose bonds
can only be given in court 8hoald bear
the time in mind.
May 2S, 1886. W p BOCOCk.
es------------l.--.
n Washington correspondent saysI