Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-06-03
BONDS OF sHERIFFS AND OTHERS.


We have been requested to publish the following
opinion Of the Attorney General, in relation TO the
bonds to be given by sheris holding over until the
let Of January, 1857 also in relation to the bonds
to be given by sheriffs and other public officers
chosen at the late election for tho regular term o
two years from the first day of January next:
FOR THE AUDITOR OF PUBLIC ACCOUNTS.
The second section of the net "concerning sherfTs
&c, passed March 18th, 1856, is as follows:
"The term of the office of the Commissioners o
the Revenue and of the Sherlffs shall commence OH
the first day of January next after their election
The Sheriffs now in office shall hold and con
tinue to exercise the duties and powers ot their Of.
fees until the commencement OF the term Of office
of their successors, upon giving bonds as now re.
ouired by low, for the discharge OF their duties du.
ring 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 :he time
of the wear at which the terms of sherifs shall com
mence. as done in the first part of the se2t.oE.-
Therefore, the persons who have teeu elected sleriis
at the recent elections though they must take the
oaths and give bonds very speedily, cannot act As
such sooner than the first day Of January next. be-
cause not till then does the term commence for which
they have been elected. The commencement oi an
nicers term as we'll as the oaths and bonds required
of him by law, is necessary part OF his quahcatlo
to act. ~, =,
The Constitution provides, article g. section 23 that
Judges and all other officers, whether elected or ap.
pointed, shall continue to discharge the duties OF
their respective offices after their terms o service
have expired until their successors are qualified -
Under this constitutional provision II would seem Inc
sherfrs now in office might have continued to eXer-
else the Office till the st of January, 1891 but Tor the
latter part of the section above reced from the ACT
of March last. That portion OF the salt section Is
intended to guard against difficulties winch mghl
have arisen under the present bonds OF the sherlfS
..l hLfn ia
shert1s to give new bonds as condition OF holding
over after the end of their terms till the is OF Janua
nv, when the new terms commence. AND TINS condI'
,op consider the Legislature may rghiuiy attach
unde the latter clause Of section 49, article A. Of the
Constitution.
NV opinion is that III no event can the newly elect
sd sheriffa exercise the Office earlier than the LIST
January 1857 that the present shertf' may continue
after the lat July, and up to the LIST January pro
vidnd thew give the bond in due time and that in
oes of their failure or refusal to give such bond,
thsra will be vacancy in the office.
Az what time must such bond be given! On this
the act is silent. 1t may he that sheriff would
snv his right to "hod over" If he gave the bond at
any term Of his county court that comes WITHIN Sky
dnys after the election for in ha; case there would be
NO extension of his time of SERVICE but what might
have heen if the new act had never been passed.
But the safest course will be to give 1t at the June
term.
oArHs AND BONDS OF THE NEW OFFICERS.
1t may be we'll to direct the attention Oh the newly
elected officers to the general provisions, and esPe
cally to the 18th section of the act passed APr 20
1852, providing for the election, DC, OF county oh
GERS. That portion Of this section ls believed 10 oe
still i'll force, which directs that every saoh onicer
sha take the oa,hs and give the bonds required OF him
by law within sixty days after his election, and de-
cares thaty he fails 10 do so, has office shall be deem
ed uacant. BY another section and later act, Jus-
tce 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 applicable to all
the other county officers, without regard ths time
when their terms are TO commence and of course 10
Sberiffs and Commissioners OF the Revenue, as we'll
AZ m. rest ALI Of theIn therefore, ought take the
osths and give the bonds before the sixty days
nire. and It 10 important that those whose bonds
oH'' w w. p. BOCOCk.
May %, 1856.