STATE OF MAINE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY. AN ACT for a more speedy remedy on Sheriffs' bonds. SECT. 1. Be it enacted by the Senate and 2 House of Representatives in Legislature 3 assembled, That any person or persons or cor4 porations, having suffered, or who shall suffer 5 loss or damage by reason of the default, mis6 feasance or nonfeasance of any Sheriff or either 7 of his deputies of any County in this State, 8 and having, or who shall hereafter ascertain the 9 amount of such loss or damage by a suit and 10 judgment thereon against such Sheriff, may have 11 and maintain on such Sheriff's bond in the name 12 of the Treasurer of the State for the time being, 13 an action of debt, and judgment shall be ren14 dered thereon against such Sheriff and his 15 sureties in the name of the party having before 16 recovered judgment for loss or damage as afore 17 said for the amount of the original judgment 18 against such Sheriff and interest thereon from 19 the time of such original judgment, and costs of 20 suit; and a copy of such bond certified by the 21 Secretary of State shall on the trial of such 22 action be received as evidence of the existence 23 and validity of the original bond; and such suit 24 shall not abate by reason of the death, resigna25 tion or removal of said Treasurer, but in either 26 event the same may be prosecuted to final judg27 ment and execution the same as though he were 28 still in office. SECT. 2. Be it further enacted, That the 2 pendency of a former suit, or the recovery of a 3 former judgment or judgments on said bond, 4 shall not be pleaded in abatement or bar, and 5 the only bar to any such suit or suits on said 6 bond as provided in the foregoing section shall 7 be the record proof of a former judgment, 8 judgments or recoveries on said bond to the 9 amount of the penal sum mentioned in such 10 bond exclusive of the costs. |
