2800 INDEX TO THE

Page.

The poundage fees of constables on executions, regulated — 1821,

ch. 162, ...........

769

When any goods, &c. are taken in execution, and the sheriff or coroner

shall return that the goods, &c. remain in his possession for want

of buyers, &c. and shall leave the county without having effected a

sale, the same proceedings shall be had as is directed by the act of

1813, ch. 102, in the event of the death of the sheriff— 1823, ch.

180, sec. 1, ..........

798

Sheriff removing not entitled to any of the poundage fees, but the same

to go to the sheriff effecting the sale— 1823, ch. 180, sec. 2, .

798

In case of removal before the return day, the plaintiff may obtain a du-

plicate of the writ to the then sheriff &c. who shall proceed there-

on— 1823, ch. 180, sec/ 2, ........

798

In case of removal, where persons are taken in execution before the

return day of the writ, such person may be again arrested upon tiie

production of the original writ by the sheriff — 1823, ch. 180, sec. 4,

799

Execution may issue on any judgment hereafter to be rendered in any

county court, or by any justice of the peace within this state, or

in the court of appeals, at any time within three years from the

date of such judgment— 1823, ch. 194,

800

SHERIFFS.

Shall be elected in each county by ballot every third year ; that is to

say, two persons for the office of sheriff for each county — Const.

art. 42.

The one having the majority of votes, or (if both have an equal num-

ber,) either of them, at the discretion of the governor, to be com-

missioned by him for the office — Const, art. 42.

Such person having served for three years, shall be ineligible for the

four years next succeeding — Const, art. 42.

Bond with security to be taken every year as usual, and no sheriff

shall be qualified to act before the same is given — Const, art. 42.

In case of vacancy by death, &c. before the expiration of the said three

years, the other person chosen as aforesaid shall be commissioned

by the governor to execute the said office for the residue of the

said three years, the said person giving bond und security as afore-

said — Const, art. 42.

la case of his death, &c. before the expiration of the said time, a per-

son to be appointed as aforesaid by the governor and council, and

to give bond, &c. — Const, art. 42.

No person to be eligible to the office of sheriff for a county, but an in-

habitant thereof above the age of twenty-one, and having real and

personal property in the slate above the value of £1,000 — Const.

art. 42,

The governor and council empowered to judge of and determine the

validity of all elections for sheriffs, and if not made fairly and

freely, and agreeable to the constitution, to issue new writs of elec-

tion for sheriffs agreeably to the directions of the form or govern-

ment — Feb. 1777, ch. 19, sec. 3, .......

135