, 1870-04-12

tr-o v w aepuf % yoffo, can be punished for per-
ssasea Attorney. under direction Of tie coart. Dis
.!Ns*u Lhc Pfosccntton- On the nEthos1ty Of itex
bo'de et} }st camn s:s, llawk r. c. ch. q, Sec
made the foundation Of N amrraaiivc cEtmn,ai
nteSecdlhR, although Nj, Bradlera actlns Is del,.
hutted md his strict lesai ssile INQUIRED nta " rbe
uqsn = taat Then the Re8Etns Is substantially ts-
T,a4s 1, .Se haiony Of the machinery nnsi nee
We now recns directly to the uuest1on: IA til,
ttsspo1nent The person empowered by laN 10 Gctain
re pIlsontfs Aud t1la, upon the throry Of r.
ton whether the contingency has hspnene.i which
ELL 5Huaes aas Ee5onet e ossio Sherh, and, u Il
11t PRISONER irrespective ot his guilt or tunocance
Insse ase grave questions, and Ii Which ths nub-
,c ns haye IS great Interest Amer careful cTamiaa-
Erncy haa harpene,! which would autnartzs tae
EeuntT Clerk 70 nnsiiy The Governor uf thn fnet NJ
vacancy u he once Of sherH, md, Il that Be- 20.
Of Shenuf 1tis tho manifest purpose OF fhs ssy'
eta statutcs On this subject To give as cotun1rte
20 TINT Of Sheriff, and 70 preserve IL COUNT INN
tae Inconvenience Of an fnt<7rt3num tn the once.
m3n @ az. AnaN sto be observed that therc l.
only one case In which Deputy Sheriff has his
powers extended te5oud that Of bis principal, sna
i1at ths cass Of DEATH In others these powera
@ anh Coroner nc Intimately blended. The very
1.Ls s, o. r. a.. stasn.e Is ashenns and CoronerA"
|
a1d the Coroners dsst bond liz condltiourl for ths
Ialiahu discharge OF all the dulles required
eF g Se rsSas sS 81 or,, ct hin Y
Nl1th arc To be directed 10 him when the Sher1H
Is inssrstes, and he is TO lake possession Of he
ihe eighteenth section ot lie sane aet Il ,hjs nv y
vision: I'm case OF q vacancy In the once OF
Sheriff, by death, resignation, removal, Q. of1e,-
duties pertaining to the oIes OF shet 4e 4ecsee 1ae
1hs pfoptr ises and enolunlents, and be liable 10
sss g. u Ifd L r. :, s m
election and qualification Of new shc:in.~
| The ob!ect Of this provision i, that thu courts
that parties 10 s1ite Taxpayers, the county. sni
STATE, may always have the benefit Of those s.i1-
Erit remciles provided by laE for the security Of
can any legal mind, contemplating all III these
slanes percetvng the!r obiecta, ant purposes, at.
I1ye al shs conclusion that the Coroner cannot,
aops ol law render the oHhe Of sheriff ras:ant, aud
tns sasne 5seoiaes pIastsatiy vacant, assume The
eeeain8 against thu sheriB, by lnIoruauou in The
gre .earTunse, aud hare cour Of competent jaris
etss SseesSn - not eesaFe sesls :, i Ieqans
luIsllct1on could tie pata.neA OF an abscondtI
] snet1n, whose ~hersbouts wtre unknowu (Which
toirly within The intention o1 TIE statute IL nv
seeal4 5saa an sase q sssaney i IL oiice q
shcTtH BY re7Hordi Of the Incumbent which would
mean hT d!Eest proceeding. But this Ntatute H.
| cludea vacancy tJ death when tterr co1lld hc
no juaSmsnI. ly RESIGNATION, BY removal, Or other
E'.e, Hhlcn includes every species OF VACANCY. 1t
matters not that a fact Is to be found. It would
u Y 20 IN case ot death. It tg casy to determine
pose DC tlles at Sea- er ID distant issd nnsng sS
stInn9e1A Then the fact Is as difficult u proof a.
teaenauoh o. removing cut of The county With IN
the shertn shall resgn hls once Every ciTl OH.
81 rs ehE 5 Shs e scssn NJ once Whenever ne
ener bad Gteed to Iasvs s ihs Bsa sas9 sns ~
nass TO Germany to SPEND The sest q MS uic, aaJ,
ependsnt FolI . tte ofIes Il the County cictE,
md there told the Clerk that he resigned his
ssEeFea md hi; ,afv dnd aaa 70 ns
aase 1he once vnesles1 before hc coald se-
y It'll ras easy not Be5a,e e T. wnd
but BY removal OF The incumbent ty Judgment
Mn W asked how the Coroner il to Rrt possession
answer, y the summary power Of the Coas1s, who
an 1n ,ake 'oate 9otee ~ 70 wno \ her
H. own officers md ~ public omeeis in civil A.
iasrs Within ts The Sherig ~
TSea ssn 81 Saai, 4 H.
honnd to take notice Of the death OF ts chief exc
entive omceE II was competent 70 receive proof OF
asf 1s' sas T esss SsSs' sn ,s sasf IS
tht duty Of the Courts to see that ihcl.
70 ahe ess1 eea aaa nter saS aD
90 50 they have all The power OF determining who
he IA. Nobody ever contemplated the contingency
deputy lis no sn.erest I il the q oies. M si bas Is
does ali lungs" Jac Law Dtst 7f.h Deputy. SUP
once, and demand that the once OF hs principal
which could be rens on til tie "a torn expiresi,
would the courts st1 place their proccss Into his
hands 1na @ recognize his returns In The name Of
The statute provides that f" II any officer Of a
county shall remove from and permanently reside
out OF The saiue, his otlce ahAl be sies<d raaanL
and such vacancy shaU b tiled Is In other cases.
only BY court: butthe meaning mar he aecertaia-
flled a. IN Other csaes-~ ilow il sacsney "a Se
Tiled IN other cases. . The statute furnishes the
snswe1. = That whenever h vacancy shnl happen
Or removal OF the incumbent II shall he the tlulf
Of the Clerk Of the county Immediately to uotlfy
the Governor Of The fact, and 1t shall be tho duty
a. the oosernnr TO Issue F11t OF election to I'LL
And here ne may also remark that II 1t had been
ne mention Of M she y, Lestslasufc 70 eonfqe the
rcct proceeding the words rfnoraf cf the incumbent
would have sunlced: but The He.1s By death, o9
construction uuzeasonahle and against the plain
meaning OF the statute. Then, to make The s5s-
ten complete, and To secure to the courts chief
e5e1e ,a sSs s to e,set 9ns p,s paes
making the Coroner er-oGeso sheriff :" "untH snch
snssnsS sh1 y ssa lled y the election and suaa
Now, what Is the fair meaning OF the s:atute
abose quoted il reference to county or1cers re-
moving out Of the county: The object Is sppa-
Of county olcers not only In the State, but III the
! comfy where thcy were elected, that they might
oe subject 70 thc penalties and proceelIngs provi
s!derstloR 0{ these objects, that II county omcer
aasconds from the statc with the intention (which
which renders his once vacant, nu's the public arr
not bonna 70 walt until he becomes permanently
and manages to escape to Canada, are the
authorities Of the county bound to walt until bis
haunted conscience will Permit him to md rest
| Ing placer Why she pli there be such tenderness
exhibited towards an atscontlinG public Drlccr
who has proved 80 wicketlly rrcrcant to n sacred
The evidence In th.s case leaves % no shae q doabi
N any reasonable mind. and, indeed, It Is matter
Of public notoHety tn3t Gustav Fischer On .he
stste under such circumstances ss prrclade the
idea OF nis ever returning 10 II Suppose be hal
fen SsansF o The Of ay hun.
roee he had committed highway robbery AMI
escaped, would there be any doubt of his intention
public morals. I fvrsca7 The rehearsal Of the
evidence IN thts case He had thoroughly out
,asea .aa, and s.,p,u,Ss' h.s family relations Me
whom he e1opcd, and was hopelrssly insotyent
ue told various false and CONF ctng stories. 70
ob,asaea n ase ,u sans @ e Money t. frsuE e.
ceiyc anil defrauded his hest friends Into signing
Ills paper, and thus betrayed theIr confidence, Hts
sse aSa 'nss he ais u se s"s - nc
or Constructive fssensaoa 81 lis once: 10 fcT-
moved iuto another cnunty, when, there was a
Fmilar statute SaraGc, CHI J., says: :" In this case
OF HcrNner, had. Intermediate the levy ana sale.
removed to Oneida County. THIS was a rirfual
rtsisnatvn Of hts ONCE; II Was voluntary with
e.;ie! kit erer. Not Is ihe Judgment Of The couEs
, on Information IN the nature OF quo srur'"nso'
In .he case q tie state g. Alen+ q Indiana h
vasa,sd, NC M Se seaa,oaea. % which IS e cos:]ac.iet e
I'll. e esarse ~ ST. a st speak tass ressaato
Also, Bernard n. nobofen 8, butchers r. 4l2
Tint The respondent knew the facts which con.
stttute such virtual resignation Is manifested b!
the ycsy cleazest eEdeDee vL, the sealed s1tttset
OF agreement OF the s6th Of January, lS1e. have
not space 70 present N 0nalyss q these articles
int snfIce 1t TO SAY 1hcJ arc virtual ain1rlStE3
eon Of The estate Of Gustav Fischer and arc oasct
nlon c!cnr assumption lnas he nad ahscouded ro
and o1 ,he refusal Of his ,,ondsmen y TIC 1s7ael
tGe ts5 aTe ga ~ IL pa b9e eara
representing ss&,teSso q! Indebtedness ngainsI
him The parties Of the eeconi rttt arr :he bonds
7 | men, and Of the third rart 7. ". BRADLEY and "
F. Wentworth. They assume u take possession
. aad contEot not only Of the ONCE, but Of all o
F1schers estate. Schedules Of 1sstts aud liabilities
t formal enough for the Probate Court arc care
: fully prepared and made part OF The aruclts
Among the items Of aAsets IA the following: ~ E.
innate pi oflce for Ten months, f1b,eo Rfas.4e.
= Is 10 be The chief Administrative Agent THIS ma.
| te an lnEenlur. manner ot collecting bad debts
but It nahlfests Gone lndlntrence to the rights .
The public snd the law Of the land, md looks yer
much as II II wns against pahl!c policy But thes
! ATE the verJ parties who now Insist thAH nothln.
i | has happened which waI1nAa co1r
q 4 In EudlnE that Fischer has Absc1nde1
with the Intention OF not rrturnlne