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to be taken and returned wherever such defaults shall have been made.
Sec. 9. That the Census Taker employed in taking the census Pay of Census shall be entitled to receive, as compensation for his services, the sumof five dollars per day, and his assistants four dollars per day, while actually employed, and no more. Such compensation shall be paid monthly out of any moneys in the Treasury not otherwise appropriated, upon warrants to be drawn by the Comptroller General whenever he shall have received satisfactory proof that the services of the claimant have been faithfully rendered. And the Commis- Commissioner sioner of Agricultural Statistics is hereby authorized to employ sistants in makclerical service to assist him in collating and making his returns, such service to be paid for out of the contingent fund of the Bureau of Agricultural Statistics, and not to exceed the sum of three hundred dollars.
may employ ar
GENERAL PROVISIONS RELATING TO PUBLIC OFFICERS.
ler General, Secretary of State Sales of Public Offices.
9. Certain bonds to be examined by 1. Penalty for selling offices.
Governor. 2 Sales, &c., of offices void.
10. Bonds of County officers to be re3. Official acts performed after offense,
corded. but before removal, valid.
11. Bonds of public officers may be suer
on, and certified copy used in Bonds of Public Officers.
evidence; provision as to County
officers. 4. Form of bond to be given by all | 12. Sureties not to exceed twenty; sufpublic officers.
ficiency of obligors to be regard5. Comptroller General to have blank
ed in the aggregate forms of bonds printed and dis 13 May be referred to Attorney Genetributed to ('ounties.
ral in certain cases. 6. Clerk to receive blanks and give to officers.
Additional Oath. 7. Place of deposit of bonds of State officers
14. Officers to take additional oath not 8 Bonds to be examined by Comptrol- i to share profits of office.
Sales of Public Offices.
Penalty for chase or sale of, or sell, any office or offices, or deputation of any 1:37,111, 465, 21. office or offices, or any part or parcel of any of them, or receive, have
or take any money, fee, reward or any other profit, directly or indirectly, or take any promise, agreement, covenant, bond, or any assurance to receive or have any money, fee, reward, or other profit, directly or indirectly, forany office or offices, or for the deputation of any office or offices, or any part of any of them, or to the intent that any person should have, exercise or enjoy any office or offices, or the deputation of any office or offices, or any part of any of them, which office or offices, or any part or parcel of them, shall in any. wise touch or concern the administration or execution of justice, or the receipt, control or payment of any public treasure, money, rent, revenue, account, auditorship, or surveying of any public lands, tenements, woods or hereditaments, or which shall touch or concern any clerkship to be occupied in any Court of record wherein justice is to be ministered, every such person or persons shall not only lose and forfeit all right and interest in or to any of the said office or offices, deputation or deputations, or any part of any of them, but shall immediately, by and upon the same fee, money or reward given or paid, or upon any such promise, covenant, bond or agreement, had or made for any fee, sum of money or reward, to be paid as aforesaid, be adjudged a disabled person in the law, to all intents and purposes, to have, occupy or enjoy the said office or offices, deputation or deputations, or any part of any of them, for the which any such person or persons shall so give or pay any sum of money, fee or reward, or make any promise, covenant, bond or other assurance to give or pay any sum of money, tee or reward.
SEC. 2. That every bargain, sale, promise, bond, agreement, corSales, &c., of offires void. *** enant and assurance, as before specified, shall be void to and a gainst
him and them by whom any such bargain, sale, bond, promis!, corenant or assurance shall be had or made.
SEC. 3. That if any person or persons shall offend in an thing performed after contrary ta the tenor and effect of Section 1 of this Chapter , yet, fore removal, notwithstanding, all judgments given, and all other act and a ts ex
ecuted or done by any such person or persons so offending, y authority or color of the office or deputation which ought to le forfeited, or not occupied, or not enjoyed, by the person so offe ding, after the said offence so by such person committed or done, a d before such person so offending for the same offence be remove from the exercise, administration and occupation of the said of ce or deputation, shall be and remain good and sufficient in law to ll intents, constructions and purposes.
Bonds of Public Officers.
2 Bail., 362.
SEC. 4. That the bond given by any person elected or appointed to any office for which bond is required, shall be of the form following: “STATE OF SOUTH CAROLINA. “Know all men by these presents, that we (here insert the names Form of hond
to be given by all of the person and his sureties) are held and firmly bound unto the public offi ers.
1829, VI, 383, State of South Carolina, in the penal sum of (insert the amount re- a 1.(sce 1795; quired by law) dollars, to the payment of which, well and truly to : be made, we bind ourselves, and each and every of us, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this (insert the day) day of (insert the month) Anno Domini one thousand eight hundred and (insert the year) and in the (insert the year) year of the Independence of the United States of America.
" Whereas, the above bound (insert the name of the person appointed or elected) hath been appointed, (or elected, as the case may be,) to the office of (insert the office.)
“Now, the condition of the above obligation is such, that if the above bound (insert the name of the person appointed or elected) shall well and truly perform the duties of said office, as now or hereafter required by law, during the whole period he may continue in said office, then the above obligation to be void and of none effect, or else to remain in full force and virtue.
- [l. s.] “Sealed and delivered, in presence of:
“[Here place names of witnesses.]”
Comptroller General to hare
Sec. 5. It shall be the duty of the Comptroller General to ascertain the number of officers in this State from whom bonds are required, and to cause an equal number of said bonds to be printed, bank forms of annually, at the expense of the State, having thereon the blank and distributed forms for the proper officers to approve securities, and for probate; Ib., 384, * 2. and to distribute to each County, annually, a number of said bonds equal to the number of officers from whom bonds are required in said County respectively.
Sec. 6. It shall be the duty of each Clerk to receive the bonds Clerk to for his County, and to deliver one to each person elected or ap- them pointed to any such office, whenever called for.
Clerk to receive
Place of deposit
Sec. 7. That the bonds of all State officers shall be deposited in of ronds of State the office of the Treasurer of the State of South Carolina.
1820, VI, 147, 23; 1866, XIII, 381, 21.
Bonds to be Sec. 8. All such bonds, except those of the Comptroller General, examined by
Comptroller, Secretary of State and Treasurer, shall be annually examined by a State and Trea- Board, to consist of the Secretary of State, Comptroller General
ui and Treasurer of the State; and, if any surety in either of the 381, 21.
aforesaid officers' bonds should die or depart permanently from the State, or, if the said Board should, at the time of their examination, or at any other time, be of opinion that either of the said sureties is not worth as much, clear of debt, as his proportion of the obligation to which his name is affixed, the said Board shall cause the said public officer, whose surety has departed this life or removed from the State, or is objected to for insufficiency of estate, as aforesaid, to be notified of such exception; and the said officer shall, within thirty days after the service of such notification, procure other satisfactory surety to the said Board for such as have departed the State or died, (but shall not cancel or at all impair the original bond,) or produce satisfactory evidence to the said Board that the surety objected to as owning insufficient property, as aforesaid, is worth as much as his proportion of the said obligation, clear of debt, or else the said public officer shall procure such additional and sufficient surety or sureties as the said Board shall approve of; and in default of compliance with either of the said requisitions, within the said thirty days, the office of the said defaulting officer shall be regarded as vacant.
Sec. 9. That the bond of the Comptroller General, Secretary of to le examined State and Treasurer shall be annually examined by the Governor,
ib., 3; 1820, and, if any surety in either of the aforesaid officers' bonds should 370 5 4 Chap. die or de part permanently from the State, or, if the said Governor XVI.)
should, at the time of his examination, or any other time, be of opinion that either of the said sureties is not worth as much, clear of debt, as his proportion of the obligation to which his name is affixed, he, the said Governor, shall cause the said public officer, whose surety has departed this life, or removed from the State, or is objected to for insufficiency of estate, as aforesaid, to be notified of such exception; and the said officer shall, within thirty days after the service of such notification, procure other satisfactory surety to the said Governor for such as have departed the State or died, (but shall not cancel or at all impair the original bond,) or produce satisfactory evidence to the said Governor that the surety objected to as owning insufficient property, as aforesaid, is worth as much as his proportion of the said obligation, clear of debt, or else the said public officer shall procure such additional and sufficient surety or sureties as the said Governor shall approve of; and in default of compliance with either of the said requisitions within the said thirty days, the office of the said defaulting officer shall be regarded as vacant.
VI. 147, 22.
Bonds of County
lic officers muybe n sued on, and cei.
tified copy used
1829, VI, 324, 25; 1866, XIII,
Sec. 10. That every County officer elected or appointed, who is required to give bond for the faithful performance of the duties of officers to be rihis office, shall be required, within thirty days after such election or 1866, XIII, 382, appointment, to bave his said bond recorded in the office of the % 4. Register of Mesne Conveyances for the County in which such officer resides, and the Register shall keep a separate book, properly indexed, for the purpose of recording such bonds, which book shall be provided by the County Commissioners; and he shall be entitled to exact a fee from the public officer of one dollar for recording his bond.
SEC. 11. The bond of any public officer in this State may at all Bonds of pubtimes be sued on by the public, any corporation, or private person sued on, and ceraggrieved by any misconduct of any such public officer; for which as evidence." purpose the officer or officers, for the time being, with whom such , 5.586x314; boud may be filed, upon application at his or their office, shall de- 382; $. liver to any person applying therefor and paying the fees for doing the same, an exact and certified copy of the bond of such public officer there deposited; which copy so certified shall be good and sufficient evidence in all suits to be instituted in any Court of this State: Provided, That if any person be aggrieved by the default of Provision as to any County officer, and desire to sue upon the bond of such officer, a certified copy of such bond from the Register of Mesne Conveyances where said bond is recorded shall be sufficient.
Sec. 12. The limit to the number of sureties allowed upon an exceed twenty. official bond shall be not more than twenty, and in the approval or
o 1866, XIII, 169, disapproval of the sufficiency of the sureties, regard shall be had > only to the sufficiency in the aggregate of the obligors on such bond: obligrant Provided, That on the bond of Judges of Probate, Coroners, Clerks aggregate. of Courts of Common Pleas, Sheriffs and County Treasurers, the xx, 7; XXI.? number of sureties shall not exceed twelve nor be less than two. XXIV, 23.)
Sec. 13. That in all cases where the County Commissioners refuse Bonds may be to approve the bonds of any County officers, the said officers may torney Generefer the same to the Attorney General, and, if approved by him, they shall be accepted by the County Commissioners.
1868, XIV, 70, Additional Oath. Sec. 14. Each County officer, elected or appointed, shall, before entering upon the duties of his office, in addition to the other oaths additional caih required by law, take the following oath: “I, A B, swear (or affirm, profite of office. as the case may be,) that I am under no promise, in honor or law, 18 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.”
Sureties not to
regarded in the
3: XXII.2 5;
referred to Al
ral in cases.
Officers to take
1829, V1,331, § 4.