| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
the session of the court to which such process shall be returnable,
a certificate, under his hand and seal of office, setting forth the receipt
of such process, (which he shall describe in the manner in
which it is written in the letter or cover which contained the
same) the time when he received the same, the delivery thereof to
the officer to whom it was directed, and the time of such delivery;
which certificate he shall seal up and address to the clerk or register
of the court to which the process is made returnable, and deposit
in the nearest post office, to be conveyed to such clerk accordingly,
endorsing his name thereon as herein before directed; and
such certificate, in all proceedings relating to the sheriff, or other
officer, to whom any such writ or process was directed, shall be
competent and sufficient evidence to prove the delivery of such
process to such officer. |
1817.
CHAP. 139. |
4. AND BE IT ENACTED, That the expense of
postage incurred
by the said respective clerk and registers, and a reasonable compensation
for their services in the performance of the duties required
by this act, shall be allowed to them by the levy courts of their
respective counties; and the letters and covers, relating to such
writs or other process, and to such certificates, shall be produced
to the levy courts, and be considered by them as the evidence of
such expense, and of the services necessary to have been rendered
in receiving, delivering and certifying, the process which may have
been contained therein. |
Expense of postage
to be allowed
by levy court. |
5. AND BE IT ENACTED, That every clerk or
register who shall
neglect or delay to perform the several duties hereby required,
shall forfeit and pay a sum not exceeding fifty dollars for every
refusal or neglect, to be recovered by bill of indictment in the proper
court of the county in which he shall officiate, and to be applied
to the use of this state. |
Penalty for neglect. |
6. AND BE IT ENACTED, That if any sheriff,
coroner, or other
officer, to whom any such writ or other process shall be directed
and so delivered shall neglect or delay to serve the same, and to
make a due return thereof to the court to which the same shall be
returnable, on or before the second day of the session of such
court, such neglect or delay shall be considered and adjudged a
contempt of the court, and such sheriff, coroner, or other officer,
shall for such contempt forfeit and pay a fine not exceeding fifty
dollars; and such court shall cause due entry to be made on the record
of their proceedings of the issuing, transmitting, and delivery,
of any such writ or other process, and of the neglect or delay
of such officer to make due return thereof, and of the adjudication
of such neglect, as a contempt of the court, and of the fine imposed
upon such officer in consequence thereof; and such court shall
thereupon order a transcript of such entry to be transmitted to the
justices of the county court of the county wherein such sheriff,
coroner, or other officer, shall reside; and the justices of the same
county court, to whom the said transcript shall be transmitted, or
any one or more of them, shall forthwith cause such sheriff, coroner,
or other officer, to appear before them, or otherwise to be
brought before them by process of attachment, and require him to
pay the said fine, or commit him to the prison in their county until
the payment thereof, and of the fees lawfully accruing by such
proceeding; and such fine shall be paid to the clerk of such court, |
—On sheriffs
and others, to neglect
in not serving
writ, &c. |
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