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vers shall contain any writ or process directed to the sheriff, coro-
ner, or other officer, of their respective counties, they shall imme-
diately endorse the time when they received the same, and with
all convenient speed deliver the same to the sheriff, or other officer,
to whom the same may be directed; and shall also endorse thereon
the time when the same shall be so delivered to such officer.
3. And be it enacted, That it shall be the duty of every such clerk,
who shall receive and deliver any writ or process, in manner and
form aforesaid, to transmit by the mail, and in due time before the
session of the court to which such process shall be returnable, a
certificate, under his hand and seal of office, setting forth the re-
ceipt 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 of-
ficer 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.
4. And be it enacted, That the expense of postage incurred by
the said respective clerks and registers, and a reasonable compen-
sation 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.
5. And be it enacted, That every clerk or register who shall ne-
glect 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.
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 returna-
ble, 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 he made on the record of their pro-
ceedings 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
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Dec. Ses. 1817.
On receipt of
process, to ac-
knowledge the
same, &c.
Expense of
postage to be
allowed by le-
vy court.
Penalty for ne-
glect.
-----on sheriffs
and others, for
neglect in not
serving writ,
&c.
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