etition of Debt lies, apon the bond, against the sheriff. and ecurities for any mis/casance . I Wash: p:90. Action on case is at b. d. 3. 136. 165

hes the

IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. ' 121

1792.

VIII. EVERY perfon accepting the commiffion of Sheriff, fhall, before Sheriffs to give bond & his being fworn into, or executing his office, enter into one bond before the fecurity for duly collectJuftices of his County Court, payable to the Governor of this Commonwealth, ing and accounting for the public taxes. for the time being, and his fucceffors, for the ufe of this Commonwealth, with good and fufficient fecurity, in the fum of thirty thousand dollars, for the true and faithful collecting, accounting for, and paying the taxes impofed by Law in his County; which bond every County Court is hereby empowered and required to demand, take, and caufe to be acknowledged before them in open Court, and recorded: And an attefted copy thereof shall be tranfmitted by the Clerk to the Auditor of Public Accounts, which shall be admitted as evidence in any fuit, motion or proceeding founded thereon. a

Sheriffs to give bond & fecurity for duly collecting and accounting for all public levies, fines, &c.

IX. IF upon the refufal to act, or difability of any Sheriff, it shall appear When the Executive proper to the Executive to appoint a Collector, it shall be lawful for them to may appoint collectors make fuch appointment, and the perfon fo appointed Collect or, shall give bond of the public taxes. and fecurity in the fame manner as the Sheriffs do for duly collecti and accounting for the public revenue, and shall poffefs every power, and be liable to every penalty, which the Sheriff would have poffeffed, or been liable to. X. EVERY perfon accepting the commiflion of Sheriff, shall lik wife enter into another bond with two good and fufficient fecurities at the leaft, in the fum of , with a condition in the following form, to wit: THE conition of the above obligation is fuch, that whereas the above bound A. E. is conflicuted and appointed Sheriff of the County of fon from the Governor, under be feal of the Commonwealth, dated the of laft paft. If therefore, the jaid A. B. ball well and truly collect all levies, and account for and pay the fame in fuch manner as is by Law diretted, and also all fines, forfeitures, and amercements, accruing or becoming due to the Commonwealth in the faid County, and shall duly account for and pay the fame to the Treasurer of this Commonwealth for the time being, for the use of the Commonwealth, in like manner as is or shall be directed in case of public taxes, and ball in all other things truly and faithfully execute the faid office of Sheriff, during his continuance therein. then the above obligation to be void, otherwife to remain in full force and virtue. b

by a commif-
day

And shall alfo enter into one other bond before fuch Court, with the like fecu-
rities, in the fum of
, with a condition, in the following
form, to wit:

, by commiffion
day

THE condition of the above obligation is fuch, that whereas the above bound A. B.
is conftituted and appointed Sheriff of the County of
from the Governor under the Seal of the Commonwealth, dated the
of
, laft paft, If therefore the faid A. B. shall well and truly colle& and
receive all officers fees and dues put into bis hands to collect, and duly account for
and pay the fame to the Officers to whom fuch fees are due respectively, at fuch times
as are preferibed and limited by Law, and ball well and truly execute, and due re-
turn make of all process and precepts to him directed, and pay and satisfy all fums of
money and tobacco by bim received by virtue of any fuch process, to the perfon or
perjuns to whom the fame are due, bis, or their Executors, Adminiftrators or Affigns;
and in all other things jball truly and faithfully execute and perform the faid office of
Sheriff, during the time of bis continuance therein, then the above obligation to be
void otherwife to remain in full force and virtue, b

And for collecting and accounting for officers fees, and duly discharg ing the duties of his of

ficc.

thereon.

XI. WHICH bonds shall be made payable to the Governor or Chief Sheriffs bonds, to whom Magistrate for the time being, and his fucceffors, and entered of Record in the to be made payable. County Court. And in the name of the Governor or Chief Magiftrate, or his How fuits may be bro't fucceffors, any perfon or perfons injured, may and shall at his, her, or their cofts and charges, commence and profecate fuits on fuch laft mentioned bond, against the parties therein bound, their Executors or Adminiftrators, and shall and may recover all damages which he, she, or they may have fuftained by reafon of the breach of the condition of his bond; and fuch bond shall not become void upon the first recovery, or if judgment shall be given against any Plaintiff or Plaintiffs, who shall fue upon fuch bond; but may be put in fuit and profecated from time to time, for the benefit, and at the proper cofts and charges of any party injured, until the penalty expreffed in fuch bond shall be recovered. Provided always, that if any verdict or judgment shall pafs for fuch Sheriff, or his fecurity, the perfon at whofe inftance fuch fuit shall be brought or profecuted, shall pay fuch Sheriff or his fecurity their cofts. b

XII. NO perfon whatfoever shall be capable to ferve or execute the office No perfon to act as a of Under-Sheriff, or Deputy-Sheriff of any County, for any longer time than deputy sheriff more than

39.

08.

(a) 1781, ch. 40, fec. 4. May 1780, ch. 10. Oa, 1782, ch. 1783, cb. 2. (6) 1755, ch. 2, fec. 12. 1781. b. 40. 1783, ch. 39.

R

1792.

two years, unless he has

122 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH.

two years in any period of four years, unless he shall produce to the Court of collected and accounted the County, fatisfactory proof of his having collected and accounted for the for the public taxes. taxes affigned to him by his former principal. a

Sheriffs and collectors to

deliver to perfons paying officer's fees, taxes, &c. fair accounts and receipts.

Sheriffs and other officers to execute procefs within their counties, & on the bays, rivers, and creeks adjoining there

to.

Penalty for a falfe return thereof.

When the sheriff may return that the defend

ant is not found.

No procefs to be ferved on Sundays.

Nor on perfons attend

ing mufters of militia; Elections; or as witneffes;

Except in cafes of treafon, felony, riot, breach

of the peace, and efcape.

roid.

XIII. EVERY Sheriff, Deputy-Sheriff, or Collector, who shall hereafter receive from any perfon or perfons, any officers fees, dues, taxes, County levies, or poor rates, shall deliver to the perfon fo paying, a fair and diftinct account of the feveral articles for which he thall receive the fame, and alfo a receipt for what shall be fo paid him; and every Sheriff, Deputy-Sheriff, or Collector, failing herein, shall forfeit and pay to the perfon by whom fuch payment shall be made, the fum of four dollars for each offence; to be recovered with costs be fore any Juftice of the Peace of the County, where fuch Sheriff, Deputy-She riff, or Collector, shall refide; and fuch Sheriff or other Officer shall moreover be liable to the party grieved for all damages he may futtain, by means of fuch Officer's demanding and receiving a greater fum than shall be really due; to be recovered by action of trefpafs on the cafe, before any Court of Record with, in this Commonwealth, in which action, where the Plaintiff shall recover, he shall also recover full costs. b

XIV. EVERY Sheriff himfelf, or by his lawfal Officers, or Deputies, shall from time to time execute all writs and other process to him legally iffued and directed, within his County, or upon any Bay, River or Creek adjoining thereto, and shall make due return thereof, under the penalty of forfeiting twenty dollars for every failure; one moiety to the Governor for the time be ing, for the better fupport of the Government, and the contingent charges thereof, and the other moiety to the party grieved; to be recovered with colts by action of debt or information in any County Court of this Commonwealth ; and fuch Sheriff shall be further liable to the action of the party grieved at common Law, for his or her damages; and for every falfe return, the Sheriff shall forfeit and pay fixty dollars, to be recovered, divided and applied in the fame manner as laft mentioned; and shall also in like manner, be liable to the party grieved for damages.c

XV. NO Sheriff shall return, upon any writ to him directed, that the Defendant is not found in his bailiwick, unlefs fuch Sheriff or other Officer shall have actually been at the dwelling-houfe or place of abode of fuch Defendant, and not finding him, shall have there left an attested copy of the fame writ of procefs; and where any Defendant shall be a known inhabitant of any County, and not of the County of that Sheriff to whom the procefs shall be directed, fuch Sheriff shall return the truth of the cafe, but not that the perfon is not found in his County, and thereupon fuch procefs ifiued from any County Court Clerk's office as to fuch Defendant, shall abate and be dismissed. c

XVI. •PROVIDED always, That it shall not be lawful for any Sheriff or other Officer, to execute any writ or process upon the Lord's day, commonly called Sunday, nor upon any perfon attending his duty at any mutter of militia, or any election of Members of the State Legiflature, or of that of the United States, or at any Election for the appointment of Electors to vote for a Prefident of the United States; nor on any perfon attending as a witness, being duly fummoned, at or on any order of furvey iflued from any Court, or as a witnes attending on arbitration 'made by order of Court, or attending commiffioners appointed to take depofitions in the cafe of contefted Elections; and that all procefs fo executed, shall be illegal and void, unless the fame be iffued again any perfon or perfons for Treafon, Felony, Riot, Breach of the Peace, or upon any escape out of prifon or cuftody, and fuch procefs shall and may be executed at any time or place.+ c

Bonds taken by theriff's XVII. IT shall not be lawful for any Sheriff or his Officer, or Deputy, to from prifoners except in take any obligation of, or for any perfon or perfons in his cuftody, for or concafes directed by law, cerning any matter relating to his office, otherwife payable than to himself as Sheriff, and difchargeable upon the prifoner's appearance, and rendering himfelf at the day and place required in the writ, whereupon he was or shall be taken or arrested: And every obligation by any Sheriff taken in other manner or form, by colour of his office, shall be null and void; except in any fpecial

(a) 1772, ch. 11. 1787, ch. 40. (3) 1772, ch. 11, fec. 3. (c) 1748, ch. 6, fec. 5. * See pa. 117, fec. 14, by which attachments 2. absconding debtors, may be ferved on Sundays. + See cb. 141, poft, fec. 6, whereby witnesses are privileged in all a except treason, felony, and breaches of the peace, during their attendance, and afterwards one day for every 20 from their places of abode.