their subsistence at the rate established by law for state prisoners, and transmit the same to the United States marshal for this district for payment. expiration 35. And be it enacted, That every sheriff shall, at the expi- Sheriffs at ration of his office, turn over, in writing under his hand and of term to seal, all writs unexecuted to the succeeding sheriff, who shall turn over execute and return the same. unexecuted writs to successors. 36. And be it enacted, That no person shall exercise any sheriff not other civil office during the time that he holds and exercises to exercise the office of a sheriff; and that by acceptance of the latter civil office. office, his commission for any other civil office shall be null and void. any other ing of any curring in of Sheriff otherwise. 37. And be it enacted, That whenever the sheriff of any Providing county, before the expiration of his term of office, shall die for the fillor remove out of the jurisdiction of the state, or otherwise vacancy ocbecome disabled by law to execute the office, and as often as the office the office of sheriff in any county shall become vacant, it by death shall be the duty of the judges of the court of common removal or pleas of the said county, or any three of them, forthwith, as soon as may be, after information or knowledge of the happening of such death, removal or other disability, or of such vacancy, to direct the clerk of such court to certify such death, removal or other disability, or the fact of such vacancy to the governor; and the clerk of such court shall immediately certify the same under his hand and the seal of such court, to the governor, who shall forthwith, on the receipt of such certificate, fill such vacancy by appointment, and the commission of the person by him so appointed shall expire when a successor is elected and qualified, which successor shall be elected, at the next ensuing general election, for the full term of three years. Governor cancy shall 38. And be it enacted, That every person appointed by the person apgovernor, pursuant to the provisions of the foregoing sec-pointed by tion, to fill a vacancy in the office of sheriff shall, before he to till vaproceed to execute such office, give the bond and take and give bond subscribe the oath or affirmation in manner and form as is &c. prescribed by this act, for a sheriff elect; and such person shall, upon receiving information from the governor of his appointment, give notice thereof to the judges of the court of common pleas of his county, assigning a time not less than three days from the giving of such notice when he will be ready to qualify for such office; and the said judges are hereby required to attend at the office of the clerk of said Where Coroners shall duties of court, at the time so assigned, on the penalty for default as is prescribed in the second section of this act; and every person so appointed to fill a vacancy shall, in all respects, comply with the provisions and requirements of this act, and be subject to all regulations and restrictions herein prescribed, and shall be subject to the same penalties, suits and amercements for any violation thereof, or for any neglect of duty, as he would have been subject to in case such person had been elected to the office of sheriff. 39. And be it enacted, That whenever the sheriff of any perform the county, before the expiration of his term of office shall die the office of or remove out of the jurisdiction of the state, or otherwise sheriff. become disabled by law to execute the office, and as often Proceedings when ecution by and the ing the or become law, it shall for the court in as the office of sheriff in any county shall for any reason become vacant the coroners of the county or either of them shall serve and execute all writs and process and shall have full power and authority to execute all the other duties of such office of sheriff, until another sheriff shall be appointed and qualified to act; and the coroner or coroners executing such writs, process and powers shall be answerable for the due execution of the same during such interval in like manner as the sheriff would have been. 40. And be it enacted, That whenever any sheriff or corwrit of ex-oner, or other person to whom any writ of execution by fieri fl. fa. has facias hath heretofore been directed, or shall hereafter be been levied directed hath levied or shall levy the same execution on the party serv- goods and chattels or on the lands and tenements of the same shall party named therein, and such sheriff, coroner or other perdie, remove son hath died, or shall die, or hath or shall become disabled dissabled by by law to discharge the duties of their respective office or be lawful appointment, or hath removed or shall remove himself or themselves out of the jurisdiction of the state, and continue which judg- to reside thereout discharging the duties of their respective shall be had office or appointment, by a sale of the property or estate so special levied on, then, or in either of the said cases, it shall and against the may be lawful for the court, in which judgment is or shall party be had, to award a special scire facias against the party such execu- named in such execution or the lawful representative of such party, according to the circumstances in the case, to show cause why the property or estate so levied on should not be sold, or such part thereof as may be sufficient to satisfy the whole or the residue of the moneys contained in the said execution; and if the said scire facias be returned ment is or to award a Scire facias named in tion. to be re no service made, be as writ com sheriff to served, or if no service thereof can be made, be published scire facias as prescribed by law, and the said party should not appear turned at the time at which such scire facias shall be made return- served or if able, and within ten days after such return day plead or can be show sufficient matter to the contrary, the said court shall published thereupon award a writ, to be directed to the sheriff or cor- a prescr oner, for the time being, of the county where the levy was Court may made, commanding the said sheriff or coroner to sell the award a property or estate so levied on, or so much thereof as may manding be sufficient to satisfy the whole or the residue of the moneys sell, &c. due on said execution; which sale the sheriff or coroner is Sheriff to hereby authorized and required to make, in as full and as if said ample manner, to all intents and purposes as if the said ex- had been ecution had been originally directed to such sheriff or cor- originally oner, and shall be entitled to the same fees for services done, him. and liable to all the penalties and consequences of law for neglect of duty, as if the said execution had been originally directed to such sheriff or coroner. make sale execution directed to justice of issuing order Sher oner for the of the writ or process, &c. 41. And be it enacted, That it shall be lawful for any Judge or judge or justice of any court out of which any writ or pro- any court cess has been or shall be issued, upon application made upon writ of pronotice to the other party, where notice can be given, the cess may facts being verified to the satisfaction of said judge or jus- iff or cortice, to make order that the sheriff or coroner, for the time time being, being, of the county, proceed to execute any writ or process County to which shall have been directed to any sheriff, coroner or execute other persons who hath died or shall die, or hath or shall become disabled by law to discharge the duties of his office or appointment, or hath or shall remove out of the jurisdiction of this state, and continue to reside thereout, without discharging the duties of his office or appointment in relation to the command thereof, and upon such order being made, and upon a memorandum thereof signed by such judge or justice being endorsed upon said writ or process, such sheriff or coroner for the time being shall proceed to execute the same or complete the execution thereof, and to do and complete all other acts in the premises, in as full and ample a manner as the said sheriff or other officer might himself have done had such death, removal or disa bility not occurred, subject to the same regulations and restrictions, and to the same penalties, suits and amercements, for any neglect of duty thereon. 42. And be it enacted, That any sale to be made by such sale to be good and the law, &c. effectual in sheriff or coroner for the time being, in virtue of this act, of any estate, real or personal, and any conveyance to be made by such sheriff or coroner of any real estate so sold, shall be as good and effectual in the law, to all intents and purposes, as if the writ or writs of execution on which such property or estate was levied, had been originally directed to such sheriff or coroner. ment of un Appoint- 43. And be it enacted, That the appointment of any under der Sheriff. sheriff hereafter to be made shall be by writing under the hand and seal of the sheriff; and further, that every under sheriff, before he intermeddles in such office, shall take and subscribe, before one of the judges of the court of common pleas of the county, an oath or affirmation well and faithfully to execute the office of under-sheriff, according to the Certificate best of his skill and judgment; which appointment, with the certificate of the oath or affirmation thereupon endorsed with clerk. and attested by the said judge, shall be by such under sheriff carefully filed, and securely kept in the office of clerk of the court of common pleas in and for the same county; provided, that nothing in this section contained shall be construed to prevent the sheriff from removing his under. sheriff at pleasure. and oath to be filed Proviso. Acts of persons as un oath, &c. 44. And be it enacted, That if any person shall proceed to der sheriff execute the office of under sheriff before he shall have rebefore filing ceived an appointment as aforesaid, and taken the oath or to be void. affirmation of office, and filed the same appointment and certificate of such oath or affirmation in the clerk's office as aforesaid, then all such his acts and proceedings done under color of office shall be absolutely void. 45. And be it enacted, That this act thall take effect immediately. Approved March 15, 1876. CHAPTER XXV. An act relative to the state library. WHEREAS, the extension to the library room, built in eighteen Preamble. hundred and seventy-one, has never been completed, and books are now crowded upon shelves which have been set up temporarily for their use; and whereas, the furniture, carpets and matting are worn out, ragged and unsightly; therefore, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That a sum not exceeding two thousand Appropria five hundred dollars be, and is hereby appropriated, for ishing and finishing and re-furnishing the library room. tion for fin re-furnish ing. 2. And be it enacted, That the secretary of state, treasurer Commisand state librarian shall be and are hereby appointed com- sioners. missioners, without compensation, who shall superintend and conduct said finishing and furnishing as to them shall seem for the best interests of the state. account to 3. And be it enacted, That the said commissioners shall Copy of cause all their accounts in relation thereto to be accurately be filed kept and stated; they shall deliver a copy thereof, with their with the vouchers, to the comptroller, to be filed in his office and er. audited according to law. 4. And be it enacted, That this act shall take effect immediately. Approved March 15, 1876. Comptroll |