office he shall deposit the same in the Clerk's office for the County for which he was appointed. SEC. 42. All papers pertaining to the Court of Sessions shall be returned by each Trial Justice to the Clerk, at least ten days before the ensuing term of said Court, except such as may have been issued or received by him subsequent to that time, which shall be returned on the first day of the term, under the penalties in the following Section prescribed; and every such paper shall be of a size not less than half a sheet of foolscap, folded in the manner that writs are when issued, and shall be endorsed legibly with the title of the case, nature of the offence, kind of proceeding, and the Trial Justice's name. SEC. 43. On their failure to return such papers to the Clerk, as directed in the preceding Section, they shall not receive any fee or compensation for issuing or taking the same, unless it shall appear that the offence was committed or the information made subsequent to such day, or by the return of the Sheriff, Constable or other officer executing such warrant or other process, to be made on oath that the same could not be executed by him in time therefor; and they shall be subject to the payment of a fine of five dollars for every such default, within the discretion of the Court, to which a rule thereof shall be made returnable. SEC. 44. That all fines and penalties imposed and collected by Trial Justices in criminal causes shall be forthwith turned over by them to the County Treasurers of their respective Counties, for County purposes: Provided, That when, by law, any person or persons is or are entitled, as informer or informers, to any portion of the fine or penalty imposed and collected, the same shall be immediately paid over to him or them. Failure to pay over fines; low 1b., 656, § 3. SEC. 45. If any Trial Justice shall neglect or refuse to immediately pay over any and all fines and penalties collected by him paris ed. in any criminal cause or proceeding, he shall, on conviction thereof, be subject to a fine of not less than one hundred, nor more than one thousand, dollars, and imprisonment not less than three, nor more than six, months, and shall be dismissed from office, and disqualified from holding any office of trust and profit under the State of South Carolina. My arrest for the United States SEC 46. Any Trial Justice, according to the established forms of proceeding for offences against this State, (at the expense of the offenes against United States, and to be tried by such Court of the United States as may have cognizance of the offence,) may order the arrest, imprisonment or bail of a person charged with a crime or offence against the United States, alleged to have been committed within this State; and a copy of the process shall be returned as speedily Process returna U. S. Court. Offer der to be removed to preper County. 1839, XI, 25, § 14. 1 Brightly's D.. 22. Fees of. as may be into the office of the Clerk of such Court, together with the recognizances of the witnesses for their appearance to testify in the case, which recognizances any Trial Justice may require, on pain of imprisonment; and, if such offender be committed within a County in which the offence cannot be tried, the Trial Justice ordering the arrest shall issue his warrant for the removal of the offender and witnesses to the proper County. SEC. 47. The fees which Trial Justices shall be authorized to 1970, XIV, 398, receive in the several cases herein specified shall be as follows: Oath and warrant, in any criminal case, fifty cents; each recognizance, fifty cents; commitment and release, each fifty cents; administering and certifying oath in writing, other than above, fifty cents; issuing writ of habeas corpus to two Justices jointly, two dollars; issuing summons and copy for defendant in civil cases, sixty cents; issuing summons for witness in any civil case, fifty cents; taking examination of witness in writing in any case, as prescribed by law, one dollar; for giving judgment on hearing litigated case, fifty cents; for giving judgment in case not defended, fifty cents; for issuing execution, or renewal of the same, fifty cents; report of case and taking bond to appeal, one dollar and fifty cents; for issuing attachment returnable to Court or Justice, including all notices, one dollar and fifty cents; for filing return of garnishee and order thereon, twenty-five cents; for proceedings in case of ejectment, five dollars; for approval of indentures of apprentices or servants, one dollar; for proceedings on Coroner's inquest, as prescribed by law, ten dollars; for proceedings on estray of horse or mule, one dollar; for proceedings on all other estrays, fifty cents; for taking and certifying renunciation of dower or inheritance, two dollars; for granting order for special bail, one dollar; for trial of any criminal case or misdemeanor, three dollars; for administering oath, twenty-five cents; for administering oath on affidavit, fifty cents; proceedings in case of bastardy, inclusive, five dollars. Fees for ru'e SEC. 48. Trial Justices shall be entitled to the same fees for issuing against Consta- rules against Constables, and hearing the return thereto, as they are 1946. X1, 361, 5. allowed by law for issuing a summons and trying a small and mean ble. cause. SEC. 49. No account of a Trial Justice, for fees, in any criminal Accounts paid only upon oth cause, shall be paid, unless he shall declare, on oath, that the costs that est cannot defendants, and have been paid he collected of in the said cause have not been recovered of the defendant, and that that fines, &, he, the defendant, was unable to pay the same; and, further, that to County Treis- all fines and penalties theretofore collected by such Trial Justice have been faithfully and fully paid over to the County Treasurer of the County. urer. 197, XIV, 66, SEC. 50. If any Trial Justice shall charge any other fees or for authorized any other services than herein allowed by law, he shall be liable to Penalty for urforfeit to the party injured ten times the amount of excess of fees so charge; how reimproperly charged, to be recovered by suit in the Court of Common 1940, X1,151, § 5. Pleas. covered. SEC. 9. To attend Circuit Courts when 10. To arrest for disturbances of the 11. Service of process. 12. To ret .rn executions within sixty 13. Liability for neglect to enforce or 14. Shall forfeit f sand be subject to 15. Fees. 16. Liability for unauthorized charge. chosen in each County by the How chosen; Where o resice. SECTION 1. Constables shall be qualified electors thereof, in such manner as the General Assembly term of ffice. shall direct, for the term of two years. They shall reside in the con t, ait. IV, County, city or beat for which they are elected. 821. 2, 3. SEC. 2. When any person shall be elected to the office of Consta- How to qualife. ble, he shall repair to the Clerk's office of the County, and, together is 9, XI, 80, 95 with the evidence of his election, he shall lodge his bond, in the form prescribed by law, in the penalty of five hundred dollars, with good sureties, not less than two, nor more than five, to be approved in writing by the Clerk; and, upon taking the oaths herein prescribed, such person shall be entitled to a certificate from the Clerk that he has filed his bond, and taken the requisite oaths, and shall thenceforth be regarded as a regularly qualified Constable; nor shall any person, not so qualified, exercise the powers of a Constable: Provided, That nothing herein contained shall prevent a presiding Judge or a Trial Justice from appointing a Constable to act by virtue of such appointment, only on a particular occasion, to be specified in writing. SEC. 3. Every Constable shall, before receiving the certificate in the last Section provided for, take the following oaths: The oath prescribed by the Constitution for civil officers, the oath against Oaths Ib.; 1829, VI, 384, 24. To act through. out Comity. 1859, X1, 80, 8. To execute all process legally directed to Lim. To make return. attachment. Schedule. Siles. Advertisement. Penalty for deftuit. Punishment. gaming, and the following: "I, A B, swear (or affirm, as the case may be,) that I am under no promise, in honor or law, to share the profits of the office to which I have been elected (or appointed, as the case may be,) and I will not, directly or indirectly, sell or dispose of said office, or the profits thereof; but will resign, or continue to discharge the duties thereof, during the period fixed by law, if I so long live: So help me God." SEC. 4. Every qualified Constable shall be entitled to exercise his office throughout the County in which he may be elected or appointed. SEC. 5. A Constable is authorized, and he shall be bound faithfully and promptly: 1. To execute all processes lawfully directed to him by competent authority; 2. To make return, on oath, to the person issuing the process, to be endorsed in writing on the same, of his proceedings by virtue of it; 3. In every case where he may levy an execution, or serve an Excentions and attachment on personalty, he shall specify, by endorsement on the execution or attachment, or by schedule thereunto annexed, a list of every article so levied on or attached, and forthwith lodge a copy of such list with the person issuing the process under which he acts. In all cases of sale by a Constable, he shall give ten days' notice, by advertisement at two of the most public places in the neighborhood, of the time and place of sales. And in default of 11 wrecovered. paying over the amount of any debt collected, to the party entitled, Ib., 5. or his lawful agent, or to the Trial Justice, upon demand, or in dedere, $$256, 360, fault of returning to the defendant, upon demand, any overplus 1, 286; ., which may be in the hands of the Constable, he shall be liable to 3 Strob, 313, 3 pay, in either case, to the paty in interest and entitled to receive, Rch., 145, 16, the original sum, and interest thereon, at the rate of ten per centum per month, recoverable before a Trial Justice, if not more than one hundred dollars in amount, if greater, before the Court of Common Pleas, besides being liable to be indicted and punished as for a misdemeanor. Cod of Proc 317. 277; Du fley.357, Rich., 62; 12 251. To execute pr. cess of Tral Jus tice Court. Penalty for disc he e c Ib., 81, § 6. SEC. 6. Every Constable shall be bound to execute, when required, every lawful order, judgment and determination of the Trial Justice, and of any Trial Justice's Court; and for disobedience herein he shall be liable to be indicted and punished as for a high misdemeanor. SEC. 7. For oppression in office, whether by undue personal vioFine and im- lence, cruelty, taking an amount of property in unreasonable proportion to the sum to be collected, or for any willful official misconduct, habitual negligence, habitual drunkenness, or fraud, when pri-onment. established to the satisfaction of a jury, upon indictment, a Constable shall be punished by imprisonment not exceeding one year, and fine not exceeding one thousand dollars, at the discretion of the Court, besides being liable to an action by the party aggrieved; but if any such action for damages shall be instituted against a Constable, and the plaintiff fails, he shall be liable to be muleted in double or treble costs, by order and at the discretion of the presiding Judge. Liability to party aggrieved. Costs. lb, 37. 2 Spears, 27. conviction. Ib.. 28. SEC. 8. Upon the conviction of any Constable by indictment, the office vacant on Judge before whom the case may be tried shall have power, by order, to declare the convict to be removed from office, whereupon 2 Spears, 27. his office shall be deemed vacant. SEC. 9. All or so many of the Constables of any County as may be thereto required by the Sheriff shall be bound to attend any of the Circuit Courts, shall be officers of Court, and perform the appropriate duties and services assigned them by the Sheriff and presiding Judge ; and each Constable so attending shall be entitled to receive the compensation of one dollar and fifty cents for each day's attendance. To attend C'rcut Courts when required. Ib., 29. 1816, V1, 29, 82. peace and crimes Mar call out posse comitatus his to obey his summons, SEC. 10. Every Constable shall be a conservator of the peace, To arrest for disshall take into custody and carry before the nearest Trial Justice, turbine sof the any person or persons, who may be, in his view, engaged in riotous committed in bis conduct, or open violation of the peace, and refuse, upon his command, to desist therefrom; and, also, any person who may, in view, commit any felony or misdemeanor; and for the purpose of misdemeanor. preserving the peace, and, also, executing any criminal process, every Constable shall have the power of ordering out such posse comitatus to his assistance as may be necessary to enable him to discharge his duty; and any person refusing to obey his summons shall be liable to indictment and punishment as for a misdemeanor. 1839, XI, 82. 10. Process, how SEC. 11. The service, by a Constable, of all process in the nature of a notice for personal appearance, shall be by delivering to the 1,1 party a copy of the same, or by leaving the same at his most notorious place of residence. To return execution within 184, XI, 60, 2 1. Code of Pro SEC. 12. It shall be the duty of every Constable, with whom an execution is lodged for collection, to proceed forthwith to execute sixty days. the same, according to its exigency, unless ordered by the party in whose favor the same was issued to wait; and every execution shall dure, § 91, ¶ 12. be returned to the Trial Justice by whom it was issued, within sixty days from the date, and the Constable making such return shall set forth the full execution thereof, or the reasons for his failure. Liability for neg ect to SEC. 13. When any Constable fails to do his duty in the enforcement or return of an execution, the party in whose favor the same free may have been issued may apply to any Trial Justice for a rule enог return execut o"8. 10., 82. |