Physician's fees. further, That no physician, so appointed to any of the hospitals, shall charge for his services more than one-half the usual fees. To provide rooms for Courts and officers, when. â1. To report to General A-sembiy. SEC. 39. That if, at any time, the Court House of any County in this State shall be in course of reconstruction or repair, or from any 1861, XII, 908, other cause shall not be in condition to be occupied, it shall be the duty of the County Commissioners for such County to furnish suitable rooms for the accommodation of the Courts and public officers. SEC. 40. The County Commissioners of each County shall, on or before the fifteenth of December in each year, report to the General 1971, XIV, 607, Assembly all accounts chargeable to their respective Counties; what have been allowed and settled; the number and amount of orders drawn upon the County Treasurer; the taxes levied and collected; the amount expended for rebuilding or repairing Court House, Jail, Poor House and bridges; in fact, a detailed account of all their doings. And upon failure so to report they shall be fined in a sum not less than fifty, nor more than two hundred dollars. Penalty. 3. Coroner to act as Sheriff during a 4. Clerk to act until Coroner takes 5. Coroner to act when Sheriff is in- 6. Sheriff to file bond. 7. Amount of bond, and number of 8. Liability of sureties; proviso. 10. No Sheriff, Depuy or Clerk to b 15. Books writ book, execution book, 16. To turn over books, papers, &c, to SEC. of peace; no female to be arrested; exception. 23. Escaped prisoners may be retaken 24. Power to arrest and take bal. 27. To endorse return on back of pro 35. Sheriff to furnish statement of reasons for failu e to make execution when required. 36. Penalty for purchasing executions. 37 Penalty for permitting prisoners committed by civil process to go at large; proviso. 38. In what cases plaintiff shall be lia SEC. b'e for maintenance of debtor; proviso. 39. To execute writs of habeas corpus. 49. Liable for negligent escape on mesne or final process. 41. Punishable as for escape of criminal. 42. Punishment for accepting bribes. 43 Penalties for purchasing at their own sales 4. To pay over proceeds to prior lien. 45, May make title to property sold by predecessor. 46. Money paid into Circuit or Probate 47. How to be drawn; proviso. conveyance. 49. Proceedings if judg nent creditors object to sale. 50. Endorsement on conveyance. 51. Proceedings if property sold by SEO. Sheriff brings more than when 52. To make sales ordered by Courts 53. Fees for such sales. 55. Sheriff to pay over money to his 56 Retiring Sheriff entitled to half commissions. 57. Liabilities to fine and imprison ment. 53. Personal representatives to pay 61 Sher ff's fees. 62. Liable to forfeit ten times amount Election of SECTION 1. There shall be a general election for the election of County Sheriffs held in each County, on the third Wednesday in Sheriff. October, A. D. 1872, and on the same day in every fourth year şi. thereafter. 1870, XIV, 338, § 26. Ib., 374, 1. SEC. 2. That in the event that a vacancy shall, at any time, Vacancies, occur in the office of Sheriff, in any County of this State, whether how filled. from death, resignation, disqualification, or other cause, the Gover- See Chap. XXII, nor shall have full power to appoint some suitable person, who, upon duly qualifying, according to law, shall be entitled to enter upon and hold the office for the unexpired term of the former incumbent, and shall be subject to all of the duties and liabilities incident to said officer, during the term of his service in said office: Provided, That no such unexpired term for which an appointment is made shall, in any case, exceed one year. SEC. 3. That the Coroner, during the continuance of such vacancy, and until the office is filled by appointment or election, shall assume the office, discharge its duties, incur its liabilities, and be entitled to its fees and emoluments; and shall, for such purpose, take charge of the books and papers of the office, and occupy the apartment allowed to the Sheriff for transacting the business of his office. SEC. 4. That, in case of vacancy in the office of Sheriff, and until the Coroner for such County may take charge of the same, or until a Sheriff shall be elected and commissioned for such County, the Clerk of the Court for such County shall take possession of the jail of such County, and charge of the prisoners confined therein, and, also, possession of the Sheriff's office, and the papers therein. Coroner to act as Sheriff during a vacancy. 1839, X1,78, 42. Clerk to act until Coroner takes charge or Yaen ey filled. Ib., 113, 39. Coroner to act when Sheriff is SEC. 5. If the Sheriff shall be a party plaintiff or defendant in any judicial process, execution, warrant, summons or notice to be interested. served or executed within his County, the Coroner shall serve the same, and incur the liabilities of the Sheriff. Ib.. 78. § 41; 1785, VII,215.§ 9. Sheriff to file boud. SEC. 6. When any person shall be declared duly elected to the office of Sheriff, he shall be bound to file in the office of the County 1859, X1, 37, 7. Commissioners, his bond, duly executed and approved, within thirty days from the time the election is declared. Amount of bond sureties. and number of 1568. XIV. 19. 1: 1839, XI, 37 27. Lia! ility of sureties. Proviso. Ib., 39, 4. To take cath not to share profits of office. SEC. 7. That the Sheriffs of the several Counties, before receiving their commissions, shall enter into bonds, to be executed by them, and any number of sureties, not exceeding twelve, nor less than two, to be approved by a majority of the Board of County Commissioners, in the sum of ten thousand dollars, except in the County of Charleston, where the bond of the Sheriff shall be in the sum of twenty-five thousand dollars. And every Sheriff shall procure other satisfactory security when duly required. SEC. 8. Every surety to the bond of a Sheriff shall be liable for the whole penal sum therein expressed; nor shall any return of nulla bona on any execution against the Sheriff be henceforth necessary before legal resort may be had against his sureties, or any of them: Provided, That there shall be liability to contribution among the sureties aforesaid, as in cases of joint suretyship. SEC. 9. Every Sheriff, before entering on the duties of his office, in addition to the oath required by the Constitution to be taken by every person chosen or appointed to any office of profit or trust, shall take the following oath: "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; 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;" and an oath to enforce the law against gaming, as follows: "I, A Oh to enforce B, do solemnly swear (or affirm) that in the execution of the office of Sheriff to which I have been elected, I will, to the extent of my 1816, V1, 27, 23 ability, enforce the penalties prescribed by law against gaming and the keeping of gaming tables, and will not fail to bring to justice all violations of the same that may come within my view or knowledge: So help me God;" which oaths shall be endorsed on the commission, and shall be taken and subscribed by the Sheriff before the Clerk of the County, and, at the next term of the Circuit Court in the County, he shall produce his commission, which shall be read in open Court, and recorded in the Journal of the said Court. penalties again.st Ib., 38. & 2; No Sheriff, to be allowed to SEC. 10. No Sheriff, Deputy Sheriff, or Sheriff's Clerk, during Deputy or Clerk the time he is in any such office, shall act as an attorney at law, or Act as Attorney, solicitor in equity, in his own name, or in the name of any other Clerk of Court. person, or be allowed to plead or practice in any of the Courts in 1839, XI, 41, 29. this State, nor shall he hold the office of Clerk of the Court of or hold oflice of Common Pleas and General Sessions. Sheriff may 1870, XIV,332,21. SEC. 11. That the Sheriff of any County may appoint one or appoint depumore deputies, to be approved by any Judge of the Court of Com- ties. mon Pleas of such County; and the oath which such Deputy is required to take by the thirteenth Section of this Chapter may be administered by any officer authorized to administer oaths within such County. SEC. 12. That the appointment of every such Deputy shall be evidenced by a certificate thereof, signed by his principal, and shall continue during the pleasure of the principal; and every principal may take such bond and security from his Deputy as he shall deem necessary to secure the faithful discharge of the duties of his appointment, and the principal shall, in all cases, he answerable for the neglect of duty or misconduct in office of his Deputy. SEC. 13. That every such Deputy shall, previous to entering on the duties of his appointment, take an oath or affirmation, as prescribed by the Constitution of the State, faithfully to perform all the duties of his appointment; and, when so qualified, the Deputy may do and perform any and all of the duties appertaining to the office of his principal. Certificate of apnoutment. Ib., 2. To take oath of office. Duties of Ib., § 3. Offices, where kop. SEC. 14. The Sheriffs of the several Counties throughout this State shall keep their several offices in the city, town, village or place 1839, XI, 39, § 5. where the respective court houses are established, and in the court house, if there be one. SEC. 15. The Sheriff of every County shall keep and preserve as public records in his office the following separate books, of good material and strongly bound, each containing not less than eight quires of medium paper, and labelled with its appropriate title, to wit: 1. “Writ Book," in which the Sheriff, immediately on the receipt of any writ of habeas corpus, citation, writ of capias ad respondendum, summons, subpoena writ, subpoena ticket, rule, interrogatories, or notice to be served upon any person, subpoena ad respondendum, writ of ne exeat, injunction, warrant, attachment, or any other mesne process whatever, issuing from either of the Circuit or Probate Courts, shall make an entry thereof, with the date, and indorse on the original the time of such entry in his office. The Writ Book shall be laid off into separate and suitable columns, in which the Sheriff' shall enter the names of the parties, the name of the attorney, the kind of process, the kind of action, or kind of offence, when entered, by whom served, how served, when served, or other return, and Sheriff's costs; and the Sheriff shall make a true index in the said book to all the entries therein. Books. 2 Stob., 150. Writ Book. 11 Rich., 581 2. "Execution Book," in which the Sheriff, immediately on the Execution Book. receipt of any fieri facias, capias ad satisfaciendum, attachment for Sale Book. Strob., 231. not performing decree, writ of habere facias possessionem, restitution, military, or other execution, or any other final process whatever, (which, according to law, may be lodged with him,) shall enter the same, and endorse on such final process the time of such entry in his office. The Execution Book shall be laid off into separate and suitable columns, in which the Sheriff shall enter the kind of process, when lodged, and the time of the original entry, the names of the parties, the debt and interest, and (underneath, in the same column,) the attorney's, Clerk's, Sheriff's, and other costs, attorney's name, the amount received, date of levy or other return, or disposition of the execution, and receipts of plaintiff, attorney, Clerk, Sheriff, witnesses, or others entitled to costs, or their agents or representatives, and the Sheriff shall make and keep correct and double indexes in the said book of the cases entered therein. 3. A "Sale Book," in which the Sheriff shall enter all sales which he may make under any order, decree, execution or final process, sch., 257; 5 of any of the Courts of this State, or of any officer authorized by law to issue such process to the Sheriffs of this State, and he shall transcribe therein all levies which he shall have made, (specifying the property and the date of each levy,) and all advertisements of property levied on; and the parts of the said book in which accounts of sales shall be kept shall be divided into separate and suitable columns, in which the Sheriff shall enter the names of the parties, a description of the property sold, when sold, to whom sold, amount of sale, and, if bond be taken, the names of the sureties thereto, and statement of the time when due, and to what case or cases the proceeds of such sale have been applied, or to whom paid; and the Sheriff shall make and keep correct and double indexes in the said book of the cases entered therein. The Sheriff shall keep the mesne and final processes in his office, in suitable boxes, and in separate apartments. Final process shall be arranged, alphabetically, in the defendants' names, in boxes labelled with appropriate letters. The miscellaneous papers shall be arranged under suitable titles and labels, such as "Attachment Bonds," "Bail Bonds," "Bonds for the delivery of property," "Money Bonds," &c. To turn over books, papers, &c., to successor. 1939, X, 40, 27; 7; 1859, XII,788, SEC. 16. It shall be the duty of every Sheriff to turn over to his successor all the furniture appertaining to his office, the original writ book and sale book, and, also, the original execution book, or 1791, VII, 208, a correct certified copy thereof, and, also, all original bonds officially taken by him, all mesne processes not served, and all final processes partially or wholly unexecuted; and if any Sheriff be dead, his personal representative shall so turn over the matters aforesaid; and the successor shall be bound to execute a receipt and duplicate, to be lodged in the Clerk's office, specifying the matters and things so re 21. 5 Strob., 160. |