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APPENDIX——CHANCERY LAWS.
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. |
DEC. 1817.
CHAP. 139.
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 of 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,
and accounted for by him to the treasurer of is respective shore,
in like manner as other sums of money received by him for the use
of this state; and if the officer so offending be the sheriff, he shall
be committed to the coroner of the county, in whose custody he
shall remain, without bail or mainprize, until the payment of the
fine and fees aforesaid. |
On sheriff's land
others, for neglect
in not serving
writ, &c. |
7. AND BE IT ENACTED, That it may be lawful
for every such sheriff,
coroner, or other officer, to return any writ or other process,
so directed to him to be served, to the clerk of the court to which
the same is made returnable, by the mail, in a letter or cover sealed
up and duly addressed; but the non-return of such process, by the
time herein before limited, shall not be excused by any evidence
which such sheriff, coroner, or other officer, may offer, to prove
that such writ or process was deposited in the post-office to be so
transmitted, except the positive affidavit, in writing, of such officer
himself, setting forth substantially the process so transmitted, the
return endorsed thereon, the manner in which the same was covered
and addressed, and the actual time when the same was deposited
in the post-office; and if the justices of the court, before whom such
sheriff, coroner, or other officer, shall appear, or be brought by process
of attachment as aforesaid, shall be satisfied of the facts contained
in such affidavit, and that such process was deposited in the proper
post-office in due time, to be transmitted to the court, to which the
same was made returnable, then and in such case the said justices |
Sheriffs, &c. to
make return by
mail. |
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