The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1879-03-08
'ISNE yR:NliN 3svASNET NV:&EV
Sheriff. BOND az a School
Moni;es. les,

- oa Uftt6S. Il li,sis
opinion Of Non. G. 7 b. Camden, De:
llyered In the following Case while
sitting as Special . udge in the
Circuit Court OF Wood county, or
the 18th OF January, 1870 n,
Tho state of w est Virginia. which
sues for lthe use Of tho Board of5EdE..
ucation Of Volcano, ii5sI
si,iis ps. q - Z. Z; ilia5
William . Hill. al. 4
IN DEBT. 81
This Ii an action broughtlby 3the
Board of.E Education Of volcano against
William j Hill and Samuel New Dor.
ger, GsotssiJ . neksou j; N. Camden,
liWn. q! Poole, ] ames VI jackson, B.
q. Bssson, ]. g Blaekfora M:
Kaene and q ohn ". 5Rathbono, securi.
lies 10 his official bond as Sheriff 3oi
Wood county; bearing late the 18th
day Of October, q 1s72 for failing % pay
over 10 5the said Board The taxes aud
other imoniss received by tho said sher-
|iiff lfof said Board for The year 1876.
The defendants have craysd oyer q The
bond and demurrsd generally 70 the
declaration. ia which demurrer The
plaintiff join. and che Court is now to
consider The demurrer. Tho only
cause of demurrer ASST nsd 81, tia. The
securities Of said Hill are not liable for
bis dstaal. alleged 10 tho q celaration,
aud that said Hills not responsible for
The same In ithis form Of action. The
questions arising upon tho demurrer
have been ably aud well argued on be-.
half 81 tho plaintitf aud The defendants.
The defend ants raise no objection 10
tho form Of The declaration, but desire
The opinion Of .hs, Court alone as 10 the
liability iofglhe securities ter the matters
alleged in The declaration: I shall
mine myself 10 lie 9 onsid: !:
Grafton f!thatIqaestiou. 4, n
Itiappearsl byl llhe record that On I.he
e22d day Of August. 1872 tho defend:
ant, Williamy j !. Hill. was duly elected
Sheriff CIV cod county. forllhe term q
four years, commencing on Tho! tirst day
.ofsJanuaFy, 1873 aud ending on ,he
.3lst lay ofi .ocmbpr. . s76@ That
,ou The e5Lh day! Of October, 1872. be-
with The other defendants, bis ssecari:I
ties executed q; ;bond 10 the penalty sof
$4,000, pay able Q The State :ofsWss.i
Virginia. with condition that tho said
William .: Hill should faithfully dis:
charge the duties of bis Office Of sheriff
for ths 4 saia county of'Woed. Tba.
said! bond was on The said ,25th day of
October Isl acknow ged By the
said William ]. Hill, aud proven as 10
The securities before tho Hon. George
Loomis, then Judge SSof : Tho Circuit
Court IF tha said county Of Wood and
that said Hill thea. before tho said
Judge. took lie oaths Of Office required
bylaw. Il Il .2, !; '3sI
The questions raised BY The plead.
ings in'this cause i, whether under the
Constitution and laws, the securities 10
said bond ard liable for bis default
alleged ln 90 plaintiff : declaration
IIt!is contendsd Jon tho part 81 tho de;
fendants, that at the time said Hill aud
hi, securities executed the bond there
was 1nii q no authority fot.'its execution, or
any person authorized to take its 20.
knowlsdgmeut 'or approve Il. &. y. !. .s.i
That The section Of article VII Of the
Constituted : ofs 1865, which provides
thsts.thes Legi,lature shall; at!its frst
session Iby5 general laws, provide for
carrying int! effect the foregoing pro.
visions ofthis article. They shall also
provide for tho ommissioning such
Of the. county oificers therein mentioned
as they may dsoat proper, and may re-.
quire any class Of thsm to give bond
with security for the faithful discharge
Of the duties ofsthair respective Offices.
aud for accounting for and paying over
as required bylpw. all money which
may come into thoiiS hands by virtue
thereof; " and The 7th section Of chap.
ter Of tho Cod, of9West Virginia,
which provides S..tha. every person
elected to an Office shall take The proper;
oa,hs; and Iif bond bsIrequitel Of him
BY law. togiya bis Official bond, auless
otherwise her: especially provided within
sixty days after . he i shall i 4 have been do.
clarea aleesed,2 arc srepugnaut to sec.
ton 5lh, .of fatricls lex 5ofithe Consti.