|
|
Unexecuted decrees to be executed by succeeding sheriff.
|
22. The sheriff of every county, county of a city, or county of a town shall within one week after the expiration of his term of office deliver to the succeeding sheriff a correct list under his hand of all decrees and other processes in his possession not wholly executed by him, with all such particulars as shall be necessary to explain to the succeeding sheriff the several matters intended to be transferred to him, and shall thereupon transfer to the succeeding sheriff all such decrees and processes, and all records, books, and matters connected with the civil bill court of such county, and relating to his duties under this Act; and the succeeding sheriff shall thereupon sign and give a duplicate of such list to the sheriff retiring from office, to whom the same shall be a sufficient discharge from the further execution of decrees, processes, and other matters therein contained; and the succeeding sheriff shall thereupon stand charged with the execution and care of the said decrees, processes, and other matters contained in the said list, as fully and effectually as if such decrees and processes had been made over to him by indenture and schedule; and if any sheriff shall refuse or neglect, on the expiration of his term of office, to deliver such list within such period as aforesaid, or shall wilfully make out an untrue or incorrect list, or shall refuse or neglect to transfer such decrees and processes, records, books, and matters, in manner aforesaid, it shall be lawful for the chairman of the county, on complaint made to him in court by the incoming sheriff as to any of the said matters, after notice given to such outgoing sheriff six clear days before such application, and upon proof of such refusal or neglect as aforesaid in any of such particulars, to fine the said outgoing sheriff in any sum not exceeding fifty pounds; and every such outgoing sheriff so neglecting or refusing to perform any of the particulars aforesaid shall be further liable to make such satisfaction, by damages and costs, to the party aggrieved thereby, as he, she, or they shall sustain by such neglect or refusal, such damages to be recovered in the ordinary way by process in the civil bill court, and not elsewhere.
|
