Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1856-06-13
Bonds Of SherilIs ana Others.

we nave been requested To publish the follow
ing opinion Of the Attorney General, in relation
to the bonds TO bo given by Shcrifs holding over
until the LIST of January, 1857; also, in relation
to the bonds to be given by sherifs and other
public officers chosen at the late election for the
regular term oftwo years from the first day of
January next. Richmond En- quire,.
AUDITOR OF PUBLIC ACCOUNTS
The second section of the act concerning sherifs
&c, passed March 18th, 1856, is follows:
"The term OF the office Of the Commissioners OF
the Revenue and of the Sherifs shall commence on
the first day of january next after their election -
The SherHs now in office shall hold over and con-
time to exercise the duties and powers of their o
ces 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
continuance in 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 at which the terms of sheras shall com
mence, as done in the first part ofthe section There
forethe persons who have been elected sheris nj the
recent elections though they must take the oaths and
give bonds very speedily, cannot act rs such sooner
than the first day of January next because not until
then does the term commence for which they have
been elected. The commencement Of an officer term
as well as the oaths and bonds required of him by
law is necessary part of his qualification to act
The constitution provides, article 6, section %
that judges and all other officers whether elected O,
appointed, shall continue to discharge the duties o
their respective offices after their terms of servc,
have expired, until their successors are qualified
Under this constitutional provision, it would seen
the sherns now in Office might have continued to ex
ercse the Office till the LIST of January 1857 but TO
the latter part of the section above rected from tn
act OF March last That portion of the said section
intended TO guard against difficulties which nigh
have arisen under the present bonds of the sheriis
executed before this act passed, and requires tn
sherifs to give new bonds condition of holdinr
mt the end of their term till of January whe
NE new term commences. And this condition con
slider the Legislature may rghtfuly attach under tn
latter clause of section So article of the consttu
tion.
My opinion is that in no event can the newly elect
ed sheriffs exercise the Office earlier than the list Jan
suary, 1857; that the present sherifs NAV continu
after the LIST July and up to the LIST January provide
they give the bond in due time and that in case
their failure refusal to give such bond there will
"A vacancy in the Office
AT what time must such bond be given? On thi
the act is silent. 1t may be that sheriff would say
his right to Hhold OVER IL he gave the bond ut an
term OF bis county court that comes within sixty da,
after the election for in that there would be
extension Of his time of service but what might ha,
been If the new act had never been passed But Il
safest course viii be to give il at the June term
0ArHs AND BONDS OF KEW orpIcKRs.
Itmay be well to direct the attention of the newl
elected officers TO the general provisions and especa
1y to the 10th section of the act passed April 90
1852 providing for the election he of county officer
That portion Of this section is believed to be still
force which directs that every such officer shall tai
the oaths and give the bonds required of him by La,
within sixty days after his election and declares tn
yhe fails TO do so, his office shall be deemed
another section and later act, Justice of the pea
is required to qualify within thirty days after he
ceives his commission. Therefore, the section und
confederation would not to apply to iustices
put does seem applcable TO all the other county of