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Clerk, with the seal of office affixed, shall be evidence in all Courts. and places in like manner as if the original were produced.

Commissioners

Ib., 19.

SEC. 18. The Board of County Commissioners of any County Board of County may adopt a seal, and, when so adopted, the Clerk of such Board may adopt a seat shall cause a description thereof, together with an impression therefrom, to be filed in the office of the Clerk of the Court of Common Pleas and General Sessions of said County, and in the office of the Secretary of State; and the same shall thereupon be the seal of the Board of County Commissioners for such County.

counts.

Ib., § 21.

SEC. 19. No account shall be audited by any Board of County Auditing of acCommissioners for any services or disbursements, unless such account shall be made out in items and accompanied with an affidavit attached to, and to be filed with, such account, made by the person presenting or claiming the same, that the items of such account are correct, and that the disbursements and services charged therein have been, in fact, made or rendered, and stating that no' part thereof has been paid or satisfied: Provided, Nothing in this Section shall Proviso. be construed to prevent any Board from disallowing any account, in whole or in part, when so rendered and verified, nor from requiring any other or further evidence of the truth and propriety thereof, as such Board may think proper. No allowance or payment beyond legal claims shall ever be allowed.

Accounts to he numbered and

Ib., 133, 225.

SEC. 20. Accounts presented in any year to the Board of Commissioners of any County shall be numbered from number one up- entered. wards, in the order in which they are presented; and a memorandum of the time of presenting the same, of the names of the persons in whose favor they shall be made out, and by whom they shall be presented, shall be entered in the minutes of the Board to which they shall be presented; and no such accounts, after being so presented, shall be withdrawn from the custody of the Board, or its Clerk, for any purpose whatever, except to be used as evidence upon a judicial trial or proceeding, and, in such case, it shall, after being so used, be forthwith returned to such custody.

County to pay

fecs of Trial Justices,

Ib., 132, 22.

SEC. 21. All fees and accounts of Trial Justices, and other officers, for criminal proceedings, including cases of vagrancy, when not re- certain covered from the defendant or party complaining, shall be paid by the County wherein the offence shall have been committed: and all accounts rendered for such proceedings shall state when such offence was committed. And the fines imposed and collected in such cases shall be credited and paid to the County Treasurer by the Trial Justice, or other officer imposing and collecting the same. And whenever any criminal warrant or process shall be issued by any Trial Justice, or other officer residing out of the County wherein the offence shall have been committed, it shall authorize the officer

Subpoena fees.

2

executing the same to carry the person charged with the offence before any Trial Justice, resident and being in the County wherein such offence shall have been committed, to be proceeded against according to law; and such officers shall not be allowed any com pensation for any further proceedings in any such case beyond issuing • such warrant or process.

SEC. 22. No traveling fees shall be allowed for subpœnaing a witIb, 19, 23. ness beyond the limits of the County in which the subpoena was issued, or of an adjoining County, unless the Board auditing the account shall be satisfied by proof that such witness could not be subpoenaed without additional travel; nor shall any travel fees for subpoenaing witnesses be allowed, except such as the Board auditing the account shall be satisfied were indispensably necessary.

Notice of meet

ings to be pub

Ished.

§ 6: 1871,

XIV, 602. § 4.

presented.

SEC. 23. The annual meeting of the Board of County Commissioners for each County shall be on the first Tuesday of September, and the Clerk of the Board shall give notice of the time of holding said annual meeting by inserting the same, at least once in each week for four weeks previous to such meeting, in any newspaper or papers published in the County; and if there be no paper published in the County, then he shall post said notice upon or near the door Accounts to be of the court house of the County; said notice shall require all persons having bills against the County to deposit the same with the said Clerk, on or before the first day of September, and in default thereof that such bills will not be audited at said annual meeting. SEC. 24. The books, records and accounts of the Boards of County Commissioners shall be deposited with their Clerk, and shall 1869, XIV, 129, be open, without reward, to the examination of all persons. SEC. 25. The fiscal year shall commence on the first day of September in each year; and it shall be the duty of all persons having claim or demand against a County to have the same made out in items, with dates prefixed, and verified in the manner and form required by law; and to deposit the same in the office of the Clerk of the Board of County Commissioners for the County, on or before the first day of September in each and every year; and the Board pre of County Commissioners in any County may, in their discretion, refuse to audit or allow any claim or demand, unless made out, verified and deposited in the manner herein specified.

Books and records open.

29.

Fiscal year. 16., 132, 24; 1871, XIV, 602,

4.

When accounts must be scuted.

nate secounts.

1868, XIV, 133, 228.

any

SEC. 26. It shall be the duty of the Clerk to designate every Clerk to desig- account upon which any sum shall be audited and allowed by the Board, and the amount so audited and allowed, and the charges for which the same was allowed; and he shall also deliver to any person who may demand it a certified copy of any account on file in his office, on receiving from such person ten cents for every folio of one hundred words contained in such copy.

Cories.

SEC. 27. It shall be the duty of the Clerks of the Boards of

Clerks to make

out a statement.

County Commissioners, on or before the second Tuesday of Septem- — Ib, 3 26; 1871, ber in each year, to make out a statement, showing:

1. The number of days the Board shall have been in session within such year, and the distance traveled by the members, respectively, in attending the meetings of the Board.

2. Whether any accounts were audited or allowed without being verified according to law, and, if any, how much and for what; and such statement shall be certified by such Clerk, and be printed in a newspaper published or circulated in the County, within two weeks after said statement shall be so made out; and it shall be the special duty of such Clerk to see that the same is so published; and for every intentional neglect so to do, such Clerk shall be deemed guilty of a misdemeanor, and punishable by fine or imprisonment, within the discretion of the Court.

XIV, 662. 1.

Statements to

be published.

Publication of

accounts

au

1868, XIV, 133, 227.

SEC. 28. It shall be the duty of the Board of County Commissioners in each County, annually, to publish in one or more news- dited. papers printed or circulated in such County, the name of every individual who shall have had any account audited and allowed by said Board, and the amount of said claim, as allowed, together with the amount claimed.

SEC. 29. Each County shall pay :

Each County to pay

1. The fees of grand and petit jurors, while in attendance upon 1859, XIV,271,22. the Circuit Court.

2. Witness' fees in State cases, for actual attendance on the Circuit Court, and for actual attendance on a Trial Justice's Court.

3. Fees of physicians and surgeons testifying as experts before a Coroner's jury, or at the Circuit Court, after a post mortem examination, ten dollars, and five cents per mile for actual and necessary travel.

4. For dieting and keeping persons confined in the County jail. 5. Fees of the Circuit Solicitors for services in the County, when not collected from the defendant, at the following rates: In a trial before a jury in civil and criminal cases, or before referees, a docket fee of ten dollars; in cases at law, where judgment is rendered without a jury, seven dollars and fifty cents; said fees to be in lieu of all other compensation whatever.

6. Fees of the Clerks of the Circuit Courts in State cases, at the rates allowed by law.

Jurors.

Witnesses.

Post mortem examinations.

For dieting

prison rs, &c. 1839, XI, 47.2 908, § 2.

30: 1861, XII,

Sol citors.

Clerks.

Coroners.

7. Fees of the County Coroners, at the rates allowed by law. Before the accounts of Sheriffs, Circuit Solicitors or Clerks shall be presented to the County Treasurer for payment, they shall be sworn to by said officers, examined and certified to by the Judge Circuit Judge.

Accounts to be sworn to and examined, and crufied to by

Accounts not to be paid in certain cises.

§ 2.

presiding in the Circuit Court in the County, approved and ordered to be paid by the County Commissioners.

SEC. 30. No account of the Circuit Solicitor, the Clerk of the Circuit Court of General Sessions, the County Sheriff, or Trial Jus1571, XIV, 65, tices, for fees, in any criminal cause heard or prosecuted in the Circuit Court, or before a Trial Justice, shall be paid, unless they severally shall declare, on oath, that the costs in the said cause have not been recovered of the defendant, and that he, the defendant, was unable to pay the same; and, further, that all fines and penalties heretofore collected by them have been faithfully and fully paid over to the County Treasurer of the County.

of

Compensation

sioners.

Commi

2 29; 1869, XIV, 274, 81.

Proviso.

SEC. 31. Each member of the Board of County Commissioners shall be allowed compensation for his services in attending the 1868, XIV, 133, meetings of the Board, and for necessary time spent in discharging other duties imposed by law, if any, at the rate of three dollars per day, and five cents per mile for necessary travel: Provided, That compensation shall not be allowed to any member of the Board of County Commissioners for exceeding one hundred days in any one year, except to the members of the Board of County Commissioners for the County of Charleston, who shall not be allowed compensation for exceeding one hundred and fifty days in any one year. An account shall be made out in items, with dates prefixed, accompanied with an affidavit of the member, stating that the items of such accounts are correct and just, and that the services therein mentioned have been rendered as stated, and no part of said account has been paid. The accounts shall be presented to the County Treasurer, who shall audit and, if correct, pay the same, out of funds accruing from taxes laid and collected for County purposes.

Iowance; penalty for making.

1868, XIV, 134, 230.

SEC. 32. No member of the Board of County Commissioners shall No extra al- vote for an extra allowance to any person who is paid by salary, nor shall the Treasurer of said County knowingly pay to any such person any extra allowance. Every offense against the provisions of this Section shall be a misdemeanor, punishable by a fine not less than the amount of such extra allowance, or by imprisonment in the County jail, for a period not exceeding six months, or by both such fine and imprisonment.

Penalty for re

duty.

SEC. 32. If any County Commissioner shall refuse or neglect to fusal to perform perform any of the duties required of him by law as a member of the Board of County Commissioners, he shall, for every such offence, forfeit the sum of two hundred and fifty dollars, and be removed from office.

Ib., 31.

Annual est

mates to be transmitted

SEC. 34. County Commissioners shall, annually, on or before the to second Tuesday of September, prepare and make up the estimate General. for all County charges and debts for the fiscal year then ensuing,

the Comptroller

Ib., 2 33; 1871,

V, 602, ¿ 4.

and of the rate of taxation necessary to raise money to meet the same; the estimates so made up and approved by them shall be recorded by their Clerk, in a book kept for that purpose, and a fair copy thereof, with a statement of the amount of borrowed money due from the County, and of the amount of taxes due and unpaid at the time of making said estimates, signed by the presiding Commissioner, and attested by their Clerk, shall, with the Treasurer's accounts, be sealed up and transmitted by the Clerk to the office of the Comptroller General of the State, to be laid before the General Assembly for approval.

SEC. 35. Members of the Board of County Commissioners shall hold their office for the term of two years, and until their successors are elected and qualified: Provided, If any person elected a member of said Board shall remove from the County without intention to return, be, or become, disqualified, be removed from office, resign or die, the said office, upon proper evidence thereof, shall be declared vacant by the Governor of the State, who shall thereupon, by proclamation, if the vacancy to be filled be for more than one year, call an election in said County to fill the unexpired term of said office, giving at least twenty days' notice thereof in the public prints circulating in the County.

Term of office.

1968, XIV, 124, 374, § 1.

237: 1870, XIV,

Vacancies.

County Com

misst Leis

to

furnish County

Auditor

and

SEC. 36. It shall be the duty of the County Commissioners to furnish the County Auditor and Treasurer of their respective Counties office room, together with the necessary furniture, stationery, Treasurer office &c., for the same.

room.

1869, XIV, 275, 25.

missioners 10

aid for indigent

sick.

SEC. 37. That the County Commissioners of the several Counties in the State are authorized, whenever, in their judgment, it is neces- County Comsary, to appoint one or more physicians, whose duty it shall be to provide medical furnish medical aid to the indigent sick in their respective Counties; and, whenever accounts are rendered for the performance of such duty, the County Commissioners are to examine said accounts, and, if found correct, to audit the same, and give a warrant on the County Treasurer for their payment.

Jont Resolu tion, 1870, XIV, 421, § 1.

County Commissioners

to

accommodations. Ib., 2.

SEC. 38. That the County Commissioners of the respective Counties of this State are authorized and required to provide suitable Provide hospital hospital accommodations in connection with the Poor House, at or near the County seats of their respective Counties, where the indigent sick poor may receive medical and surgical aid, free of charge, and to appoint physicians thereto, except the County of Charleston, where the County Commissioners are authorized and required to cause to be mi soners built, at or near Cordesville, Parish of St. John's Berkeley, a hospi- County to build tal for the indigent sick poor, and to appoint a physician thereto, to pint a phy be paid as herein provided: Provided, That the cost of the said building shall not exceed two thousand (2,000) dollars: Provided,

County Com

Charleston

of

hospital and ap

ciao.

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