, 1870-04-09
THE sHERIFFis OFFICE.
Judge Williams Refuses to APP
prove the coroner's Bond.
Therefore MIR. Cleayes Cannot
Bc Sheriff Ad Infcrlm.n
How He Must Proceed

judge Williams, In the Circuit Court Jesterday,
decided the question which WA presented 70 MN
by the coronsra counsel, which wal that BONO
be approved On The pat OF the Coroner ~ snef'n
cd i'tfTs'n, upon the ground that the 5ncf1n nas
absoonded- The Court decided the question IN a
few words, tha. the Corpnrr8 counsel had hlmBeH
argued that It would be n work Of superoeaaon
for this Cnurt 10 aprrove the bond, inAsmuen a.
no such bond Is required BY stas1Ee- He also con.
sidcred and dectaed tn, the proceeding 70 oass
the ShestE must be direct prnccedtnr, 70 which
defence may be made. The decision WIS s'ol-
lows: .o.,,,,,,ox,
for thr performance OF his dutles ~ Sheriff, the
Coroner has Ena'le motion that such bohu ps ap-
0f sheriff Of Coof County and upon ths prortoa Of
nv ncM MT ~ n acas' S1 e rsgnsioa, Or Otherwise. tho
Coroner shall do and perform a. ~ ue 1ouss y,
shern until tne saeansy nGa anrS y =. IN
mtted Nv The CORNERS counsel that there ~as no
statute compelling him to die such bond. "a no
,nn.n lu,rhi' nerhaps, te ovc1zuled, with the an
gie renalk that it asks the Coait - Pr
form an s!tIa ju91stM a@tn1,naa ae 7ee T; NV aa.
ii;ionn 1 iFcai value 10 the tond. The bond y At
hest hut voluntary one. and the act OF INC Cou.l ~
in approving 1t could ne1' IN any way Aaee' ~
The uuly importance which could be attached to
such al approval woal! " u tes ,ns, tet ,e n;r % n
4nali aot, tArrrforc, conane rnyseii 70 The *
| nr,ss snt1tace Of the InoGon, hut 11nll cohsi1tE
a. emI,rsri,,g tnc question which vas argued u
Length ,,y the counsel for Tic corouer. anh y the
Shs1t cuunsrl-1hat Is whether upon this mouon
of he coruttcr 1t is The right and duty Of ths
! Court to declare tnnt the sne'ih oA4~| % D''
vacant All. .n,,,.suon nj +hc
Coroner IL bas4i are aubstAnttal y g foows; oa
In December lass, Gustav fiscGcI tnen sne.in ~,
| al CuoE County, de tusx IS Htu ns ~ IactoI NJ
: .eunJsd from ihia nome In Chicago, abandoning
n,s vie and children, who were then and now ate
1t1fff lie
s,Sn,s rnwn ,s N ~ Woman Mao. ios maa,hs before hs
DEPARTURE had been hts kept nistrAs. 1na ~. u tay "
. tinlr he lett Chicago. he had posa t.}
I'd to various creditors; that his nl;use plans Eefe
not divulecd to anJ ono; that, so'n aitcr ~ 1siI
IN T,xas: that, uI,ou ncither occasion. did be ex.
,,rc.s my intention as to hls fEsusn ~ Snlco .!
u to The rlsce Of his residence. anu Hn ~ ~ rs
| n,yeF been known TO COMMUNICATE u1ecny OF III
Alrectly With hts friends heEH
Thu law caimel l.y the Cerone. to f,c arnuca'l,
IN thCsc facts IL as follows: II my otneet o1 ~
l. comfy shall s,.moEe ftm knd permanently sesln
out OF the same, hts oflec shall be deemed sacani
and tueh sacaac. slaI " nGt' @ aso ~ ~ inis nroysio
in the laws VI lsi9: 'EhcueySr vacancy snal
hap1ru IN thu otce Of tie Shcn1 ~ dtah, fGsi Y
eu; III uy u Of dc Clcrk q the County Court mmt
.iiately 10 nutiy the Governor, 9nd The Govern.
shall issue u witt of eiccuon 10 I'LL ue 'asaa"'
As to the act Of 1879, 1t Is 70 tc ohscrT.s1 TIA:
provides Tor the manner In which tae death &c
~, msit,on II this Gou:t- In the case of ra:anr
MS suc as IS contemplated o5 that .et, NE statg
P5Ssss That r. r. S ss bis vii
rr election, This statutory ncthpd o. ascsftai
-, Ing the yacaucy, md resort to this Court ~ = !
the She.nff Is dot contemplated by this act
In The nct Of 1sI5 declares that 10 Que event
ere ONCE OF the Sheriff Or other conht5 onGea sna ~
le.nctl yncs1t nnI that crent IS the relnof u "
oIn- AMI Iemar.rt rysIlyuce OF the os1cer out OF
.as COUNTY. II IS not enough unler this aet that
county officer FIou!h IsnoxS iIon ~, ene ant eod ~
het COUNTY Of his election II does not declare Ao~
~, hy whum lhc fact Of Ills permanent r5ssdsnSe
lant 10 bc ltteEmi.ed In any method pointed out N
q | statute. It must be by come process known 70
vs. cu law lsut !he common % ia~ ~ aoSs 1sh noI ~
sis ~ Ses e Il sss
With max. defence, and from which, u agsrlssei
H. can alsa IT, ~, hixrr ,Smon 1oaI i.M rssais sts
and C1ut to aajudlcatc upon the HshS
one til. Sheriff, md Gust hun OF yalHais lfnnes =. !;
tic - i,.rte mutton by the coroncr for q a1rnsai
hav- ,l+ tMusi, and YET the effect Of that 1no'!on
sas IS f. 91 II ~ 1n er eS " @
saa i 'yy.,se .ise.S 4ae common -" .''. s,.,~,
take scri.ps the rxact method In which the vaes
:an,e shnil be nsctr,aiae1l The death Of nc 81
ssf wcu t.a iacs Is susSeps ,,a q ~ 'its IL tnu
anl meant voluntary tcs!gnatlon ceri ne h1nS ~,
thu s<rttejneti. hrd his removal" by 1uuclAl @l
shr Hnr fhls IL The rtayal to which the statute rc
hrE rou,,i IN. nrOyen by the cDnrt rrerd. Ettht.
her, thrst. fris Icing s,le known tn thu County
Is NJ = ,xnuhi H., hs }uty to notify the Governor.
aweI he Governor duty to order an election to o.
then vacancy. ..-......-.
man, Tut Whether 4 pcrsan has hctonle pcrma
ht be resilient Of an,,ther county Or stale Is qnf'
II un, mt alwsys easily determined Residence Is
ont tion cf Intention. as we'll a. OF fact \ 1nai
This have Int one legal residence At time, an1 h
r,..I,,, nee u still regarded as his until new
. Tie r. Iar, rStn,ti WlAt Ia a legal fts.lenCc Ii
" re- rx,11ilnry .lLtcult question: has often
Mat ass.y1r1 hy III most lea{upG Judges. It Is en-
sake thc nufrrscs Of this motion to say that NJ
uas 1hc t,s,rte nor The common law has compsllc'
). with US4Tt 10 Iccii. ~uch question npan An e
hdant uUtion, AMI conft would, upon an e
ss nc arrllrattn, ahtudLrae upon impoItant f1ent
y y MS less canrrlletl 20 TO do.
f1e As Until the vacancy t. declared " dlrrct
c't ne ceedng, the dtru1iea Of the Sheriff. are uis
o"aru | fucta and may properly Htschafrc tne Mnl
Ht1a- their Office. ln Balance v LHHmss r.. t.o III.
y hc.' one Of The points raised ny Tue hi "a1 as
At shr | lA, i.H t',.or.a s,tnI,h.,r had absc
ALL he t antu.t''S So ~ n...nti.n conc intu ClcyC
IL iAd hards The court sall: " EntD the otnce OF
TO re- wns declared to be rarant E cnurt n! com
otllscd jurisdiction or until an clicton Was held
successor was elected anil qualified,
Jcrutics oI Compiler might, We
FlpfpFA I .iuftta JT