to be taken and returned wherever such defaults shall have been made. Pay of Census SEC. 9. That the Census Taker employed in taking the census shall be entitled to receive, as compensation for his services, the sum of 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 Commissioner 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. Commissioner may employ as ing returns. 11. Bonds of public officers may be sued 4. Form of bond to be given by all 12. Sureties not to exceed twenty; sufpublic officers. 5. Comptroller General to have blank forms of bonds printed and distribute to Counties. 6. Clerk to receive blanks and give to officers. 7. Place of deposit of bonds of State officers. $ Bonds to be examined by Comptrol ficiency of obligors to be regard- 13 May be referred to Attorney Gene- Additional Oath. 14. Officers to take additional oath not Sales of Public Offices. SECTION 1. That if any person or persons bargain for the pur sellingffices. 1737,111, 468, 1. Penalty for chase or sale of, or sell, any office or offices, or deputation of any 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, for any 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 anywise 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, fee or reward. Sales, &c., of offices void. Ib., 22. Official acts offense, but be fore valid. SEC. 2. That every bargain, sale, promise, bond, agreement, covenant and assurance, as before specified, shall be void to and against him and them by whom any such bargain, sale, bond, promise, covenant or assurance shall be had or made. SEC. 3. That if any person or persons shall offend in anything performed after contrary to the tenor and effect of Section 1 of this Chapter, yet, removal, notwithstanding, all judgments given, and all other act and acts executed or done by any such person or persons so offending, by authority or color of the office or deputation which ought to be forfeited, or not occupied, or not enjoyed, by the person so offending, after the said offence so by such person committed or done, and before such person so offending for the same offence be removed from the exercise, administration and occupation of the said office or deputation, shall be and remain good and sufficient in law to all intents, constructions and purposes. Bonds of Public Officers. 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 of the person and his sureties) are held and firmly bound unto the State of South Carolina, in the penal sum of (insert the amount required 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) Auno 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. Comptroller General to have bonds printed to Counties. SEC. 5. It shall be the duty of the Comptroller General to ascer tain the number of officers in this State from whom bonds are required, and to cause an equal number of said bonds to be printed, blank 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; ., 384, 2. and to distribute to cach 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 for his County, and to deliver one to each person elected or appointed to any such office, whenever called for. Clerk to receive them ib., ¿ 3. Place of deposit officers. SEC. 7. That the bonds of all State officers shall be deposited in of Fonds of State the office of the Treasurer of the State of South Carolina. 1820, VI. 147, 73; 1866, XIII, 381, 1. examined by Secretary surer. of 1866, XIII, 381, 1. Bonds to be SEC. 8. All such bonds, except those of the Comptroller General, 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 and Treasurer of the State; and, if any surety in either of the 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. Certain bonds. by Governor. SEC. 9. That the bond of the Comptroller General, Secretary of to le examined State and Treasurer shall be annually examined by the Governor, b., 3; 1820, and, if any surety in either of the aforesaid officers' bonds should (§ 4, Chap. die or depart permanently from the State, or, if the said Governor VI. 147, 2. 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. Bonds of County corded. Bonds of public officers maybe SEC. 10. That every County officer elected or appointed, who is required to give bond for the faithful performance of the duties of cheers to be n his office, shall be required, within thirty days after such election or 1966, XIII, 382, appointment, to have 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 times be sued on by the public, any corporation, or private person aggrieved by any misconduct of any such public officer; for which purpose the officer or officers, for the time being, with whom such boud may be filed, upon application at his or their office, shall de- 382, §6. 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 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. sued on, and ceas evidence tified copy used 1829, VI. 3×4, 25; 1866, XIII, 12 Rich., 286. Provision as to County officers. Sureties not to 1868, Sufficiency of be XIV, 19, 1. to regarded in the (See Chaps. 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 1⁄2 1, 2; 1866, XIII, 469, disapproval of the sufficiency of the sureties, regard shall be had only to the sufficiency in the aggregate of the obligors on such bond: Provided, That on the bond of Judges of Probate, Coroners, Clerks of Courts of Common Pleas, Sheriffs and County Treasurers, the number of sureties shall not exceed twelve nor be less than two. SEC. 13. That in all cases where the County Commissioners refuse to approve the bonds of any County officers, the said officers may torney refer the same to the Attorney General, and, if approved by him, cases. they shall be accepted by the County Commissioners. Additional Oath. 3: XXII. 5; XXIV, 3.) Bonds may be referred to AtGene ral in certain 1868, XIV, 70, ? 2. Officers to take not to share profits of office. 1829, V1,384 § 4. SEC. 14. Each County officer, elected or appointed, shall, before entering upon the duties of his office, in addition to the other oaths aditional cath required by law, 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, (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.” |