To pay proceeds to prior lien. SEC. 44. The Sheriff shall pay over the proceeds of sale of any 180X1,65,60. real estate sold by him to any judgment having a prior lien. 2 Bil., 412; 9 Rich., 186; 3 thereon. Rich., 1; 4 to property sold 1829, VI. 394; 1839.X1,55.261. SEC. 45. In all cases where any Sheriff shall have, heretofore, May make title legally sold, or, hereafter, shall legally sell any real or personal by predecessor. estate, and such Sheriff is now dead, resigned, or otherwise out of 1803. V,457,225; office, or shall hereafter die, resign, or otherwise go out of office 3 Strob.. 213; 10 before he shall have executed titles therefor to the purchaser, it shall be lawful for any subsequent Sheriff' of the same County, upon the terms of sale being complied with, or satisfactory evidence produced that they have been complied with, to make and execute good and sufficient title to the purchaser, for the property so sold. R ch.. 38; 2 Moneys paid or Probate SEC. 46. All moneys which shall hereafter be paid into the Cirinto the Circuit cuit or Probate Courts of the State, or received by the officers Courts to be de- thereof in causes pending therein, shall be immediately deposited in 1868, XIV,16,210 some incorporated State Bank or National Bank, within the Circuit, posited. drawn. How to be Ib., 11. Proviso. debtors selling proceeds to Sher it. 1871, XIV, 604, 21, 2, 3. of good credit and standing; or, if there be no such bank within the Circuit, then in such bank nearest to the place of holding the Court, in the name, and to the credit of the Court. SEC. 47. No money deposited as aforesaid shall be drawn from said banks, except by order of the Judge of said Courts, respectively, in term or in vacation, to be signed by such Judge, and to be entered and certified of record by the Clerk; and every such order shall state the cause in, or on account of, which it is drawn: Provided, That money paid into Court to be immediately paid out, need not be so deposited, but shall be paid upon order of the Court Judgment SEC. 48. The entire proceeds of a sale or sales of property, subproperty to pay ject to levy and sale, made by the judgment debtors, are to be paid over by said judgment debtors to the Sheriff in whose office such judgments, executions or decrees are lodged, to be applied by said Sheriff towards the satisfaction of the same; and, provided no objection shall be made in writing by either of the judgment creditors, and filed with said Sheriff, as to the price at which the said property are may have been sold, within three months from and after the time such payment shall have been made, the sale or sales shall thereupon be considered confirmed; and the said Sheriff shall make the following endorsement on the back of the deed or deeds of conveyance, Sheriff's en- viz: "No objection having been filed in my office to the within deed of convey bargain and sale, within the time prescribed by law, this bargain and sale is therefore confirmed;" the same to be dated and signed officially by the said Sheriff. When and how such sales confirmed. dorsement on atce. Proceedings f judgment crediobject to sale. Ib., 605, 22. SEC. 49. Should either of the judgment creditors object to the prices at which any of the said property may have been sold, and r file such notice with the Sheriff within the time before mentioned, the Sheriff shall immediately proceed to levy upon and offer for sale said property, proceeding, in all respects, according to the law in regard to levy and sale by the Sheriff; and if the highest bid made for said property shall not be more than the amount of the indebtedness which had been cancelled by the sale made by the debtor, the Sheriff shall withdraw said property from sale; and the creditor or creditors who may have filed their objection shall be required to pay all costs and expenses that accrued in consequence thereof. SEC. 50. The Sheriff shall make the following endorsement on the Endorsement on back of the conveyance made by the debtor, viz: "Objection having been filed in my office by judgment creditor, I levied upon and exposed for sale the property within named; and failing to receive a higher bid than the amount of indebtedness cancelled by the proceeds of the within bargain and sale, this sale is therefore confirmed," and signed as directed in Section forty-eight of this Chapter. conveyance. 1b. Proceedings if property sold by Sheriff brings sold by debtor. Ib., ¿ 3. SEC. 51. In the event that the property, when so exposed for sale by the Sheriff, as provided for in Section forty-nine, should bring more than when more than the amount of the indebtedness cancelled by the proceeds of the sale made by the debtor, the purchaser from the debtor shall be refunded the amount paid by him, with interest from the time of payment, and the bargain and sale made by the debtor rescinded, and titles executed by the Sheriff to the purchaser at his sale; and, after deducting the costs and expenses by reason of the levy and sale, the remainder to be applied, according to law, towards satisfaction of the judgment or executions in his office. SEC. 52. That all sales of personal or real estate, or other interest, hereafter ordered to be made by the Courts of Common Pleas or Courts of Probate, shall be made by the Sheriff of the County in which said real or personal estate or other interest is at the time said sale is ordered. SEC. 53. That in all sales by said Sheriff, under the order of Courts of Common Pleas, or under the order of the Courts of Probate, the fees of said Sheriff shall be the same as now fixed by law for sales by Sheriffs under executions issuing from the Courts of Common Pleas. To make sales ordered by Courts of Com mon Pleas and Probate. See Cap. sal Fees for such Ib., § 2. Shall forfeit fees be subject and to fine of $5 for SEC. 54. If the Sheriff shall neglect or delay to return any warrant or other process pertaining to the Court of General Sessions, default issued by a Trial Justice, ten days before the meeting of the Court, rants, &c., he shall forfeit his fees, and be subject to a fine of five dollars, for turning warof Trial Justices. 1836, VI, 352. Sheriff to pay over oney to his successor within one every such default, if, upon a rule to show cause, he shall fail to excuse himself to the satisfaction of the Court. SEC. 55. That it shall be the duty of every Sheriff, on the expiration of his term of office, to turn over to his successor all money remaining in his hands as Sheriff, within one month from the time 1859, XII, 788,21. his successor shall have entered on the duties of his office, and in month. Retiring Sheriff entitled to half commissions. Ib. Liabilities, fine and unprisoL ment. Ib. Personal representat ves to pay neys in nire Scriff's death. Ib., 789, ? 2. the same manner as he is required to turn over to his successor the furniture, books, bonds, processes and other papers; and the successor shall receive and be responsible for the money so turned over to him, in the same manner as he is liable for other money received by him as Sheriff. SEC. 56. The retiring Sheriff shall be entitled to retain only onehalf of the commissions allowed by law on moneys collected and so turned over, and his successor the other half, for paying out the same. SEC. 57. That the retiring Sheriff, or his successor, neglecting or refusing obedience to the requisitions herein contained, shall, respectively, upon conviction by indictment, be liable to a fine of one thousand dollars and imprisonment not exceeding twelve months; and he and the sureties to his official bond shall be liable to pay to the party entitled to receive such money, the amount due to such party, with interest thereon from the time his successor shall assume the duties of his office, at the rate of five per cent. per month, until the whole amount shall be paid, to be recovered by action. SEC. 58. That, upon the death of any Sheriff, his personal repreover official mo- sentative or representatives shall likewise pay over to the successor in ths after the office of such deceased Sheriff all moneys which such deceased Sheriff had in his hands, officially, at the time of his death, within nine months after he, she or they shall have assumed the administration of such estate; and upon his, her or their neglect or failure so to do, the estate of such deceased Sheriff, and the sureties upon his official bond, shall be liable to pay to the party entitled to receive such money, the amount due to such party, with interest at the rate of five per cent. per month thereon, after the expiration of such term of nine months, to be recovered by action. Civilproceedings against Sheriff. lb., 23. Col'ection of moneys. Ib., 24. Sheriff's fees. SEC. 59. That the provisions of the two preceding Sections be deemed cumulative, and not to bar or affect any right of action, rule, or other proceeding authorized by law. SEC. 60. That, whenever a Sheriff shall collect moneys in cases that have been entered in the books of his predecessors, he shall enter the said cases in his own execution book, with an account of the said moneys so collected. SEC. 61. The fees of Sheriffs, in cases herein specified, shall be as Rice, 301 follows: For entering every writ, process, warrant or execution, 1870, XIV, 400, Ż8. and making endorsements thereon, fifty cents; for serving every writ or summons, besides mileage, one dollar; for bond in any case, one dollar and fifty cents; for commitment and release, each fifty cents; for serving each venire for grand jury, ten dollars; for serving each venire for petit jury, twenty dollars; for serving each bench or other warrant in the sessions, attachment for contempt of Court, besides mileage, each one dollar and fifty cents; search for person or goods not found and returned on the execution non est inventus or nulla bona, besides mileage, one dollar; levy, attachment or other execution, besides mileage, one dollar and fifty cents; dieting persons, per day, forty cents; executing convict, including all charges for burial and other expenses, twenty-five dollars; bringing up prisoner under habeas corpus, to be paid by the prisoner, if able, (if not, by the County,) besides mileage, two dollars; conveying prisoner from one place to another, besides all necessary expenses, and returning, ten cents per mile; each guard for Sheriff, in conveying prisoner, two dollars per day; commissions on all moneys collected by him, if under three hundred dollars, two per cent., over that sum, two per cent. on the first three hundred dollars, and one per cent. on balance; one-half of one per cent. on all moneys paid out of office on all executions lodged; advertising defendant's property, in addition to printer's bill, one dollar; drawing deed or mortgage, three dollars; bill of sale, one dollar and fifty cents; each notice served on set of Commissioners of Election, besides mileage, one dollar and fifty cents; in case of ejectment, and ejecting tenant or others, five dollars; summoning Coroner's jury and witnesses, to be paid by the County, five dollars. SEC. 62. If the Sheriff shall charge any other fees or for any other services than those allowed by law, he shall be liable to forfeit to the party injured, ten times the amount of excess of fees so improperly charged, to be recovered by action in the Court of Common Pleas, in which no imparlance shall be allowed, or by rule. Liable to forfeit ten times amount fexcess of improper f-es. How recovered. 1840. XI, 151, 88. 2 McM., 275. Election of Cor oners. 1870, XIV, 338, ? 1. Coroners to perform duties SECTION 1. That there shall be a general election for the election of County Coroners, held in each County, on the third Wednesday of October, A. D. 1872, and on the same day in every fourth year therafter. SEC. 2. That the County Coroners shall continue to perform the of ffice until duties of their respective offices until their successors shall be elected and duly qualified. successors shall quality. Ib., § 2. To enter into and amount of SEC. 3. That the County Coroners, before receiving their commisbonds. Sureti sions, shall enter into bonds, to be executed by them and any numbond. Where ber of sureties, not exceeding twelve nor less than two, to be ap1868, XIV, 19, proved by a majority of the Board of County Commissioners, that lodged. To take oath to enforce law against gaming, is to say: Of the Coroner of Charleston County, ten thousand dollars; of the Coroner of each of the other Counties, two thousand dollars. Said bond to be lodged in the office of the County Commissioners of their respective Counties. SEC. 4. That every Coroner shall, before he is qualified to act, in addition to the oath of office, take an oath to enforce, and, to the 1516, VI, 27, ¿ 3. extent of his power and ability, carry into effect the law against gaming, and, in all cases, to bring to justice violations of the same, whenever such violations shall come within his view and knowledge. Governor comin-sion. Const., to Art. SEC. 5. When a person has been elected, or designated for ap pointment, to the office of Coroner, and has taken and subscribed 2. 330; Art. 4. the oath of office and given bond, as required by law, it shall be the duty of the Governor to issue a commission to him accordingly. § 30; Art. 3, 17; Coroners may appoint deputies 21. SEC. 6. That the Coroner of any County may appoint one or 1870, XIV, 32, more deputies, to be approved by any Judge of the Court of Common Pleas of such County, who shall take and subscribe the oath prescribed in Section 30, Article II, of the Constitution prior to entering upon the duties of said office. Said oath may be adminis tered by any officer authorized to administer oaths in the County. SEC. 7. That the appointment of every such deputy shall be eviappointment of denced by a certificate thereof, signed by his principal, and shall Ib., 2. continue during the pleasure of the principal; and every principal Certificate of deputies. |