§ 13703 — Chief deputy and petition

(a) Appointment.--The sheriff of each county shall appoint, by commission duly recorded in the office for recording deeds, a chief deputy. The chief deputy's appointment shall be revocable by the sheriff by a signed revocation recorded in the office for recording deeds. The chief deputy, during continuance in office, may perform any duty incumbent upon the sheriff, which shall have the effect in law as if the duty had been done by the sheriff in person, regardless of the ability or temporary disability of the sheriff to act, while the sheriff continues in office. Nothing in this subsection shall be construed to relieve the sheriff or the sheriff's sureties from liability upon the official bond of the sheriff or the sheriff's sureties.

(b) Petition.--If, during a vacancy in the office of sheriff the duties of the office cannot be discharged in accordance with section 13713 (relating to chief deputy sheriff to act as sheriff in case of vacancy) or any other law, the ranking deputy of the office shall petition the court of common pleas to authorize a deputy to perform any duty incumbent upon the sheriff. Upon a finding that no other individual has the legal capacity to discharge the duty, the court shall authorize the deputy to perform the duty during the vacancy as if the official act had been done by the sheriff.