A. D. 1912. Counties as proposed to be changed would still meet all the Constitutional requirements, signed by one-third of the qualified electors residing in the area sought to be cut off. Upon the filing of said petition the same procedure shall be had as in the formation of new Counties as provided in Sections 626, 627, 628, 629, 630, 631, 632, 633 and 634: Provided, When there is no established polling place or voting places in the area proposed to be cut off, the petitioners may Proviso as name a voting place or places in their petition, and in such case the Governor shall in his order of election designate the place or places named in the petition as the voting place or places and managers of election shall be appointed therefor, and all electors otherwise qualified shall be allowed to vote at such voting place named in said order as is most convenient as legally as if their registration certificates called for that place by name. to voting place. counties may Civ. '02, 581. Mandamus to compel Governor to order an election refused.-Brown v. Ansel, Governor, 82 S. C., 141; 63 S. E., 449. How two Sec. 638. Whenever the citizens of two or more Counties consolidate. desire to consolidate them into one they shall file a petition with the Governor to that effect, signed by one-third of the qualified electors residing in the Counties, and upon the filing of such petition the same proceedings shall be had as in the formation of new Counties provided for in Sections 626, 627, 628, 629, 630, 631, 632, 633 and 634. At the election ordered upon said petition the electors shall vote for or against consolidation, the name of the new County and the location of the County seat. General Provisions Relating to Public Officers. ARTICLE 1. Official oaths and bonds. ARTICLE 2. Sales of public offices. A. D. 1912. Public officers defined; oath. 754. SEC. 653. Suit on bonds; certified copies 654. Distribution of public moneys 655. Sureties desiring relief; how 656. Proceedings when new bond SEC. 657. Bond of surety company a 658. Foreign companies may write Section 639. It shall be unlawful for any person to assume the duties of any public office until he has taken the 1910, XXIII, oath provided by the Constitution, and been regularly commissioned by the Governor. The term "public officers" shall be construed to mean all officers of the State that have heretofore been commissioned, and Trustees of the various colleges of the State, members of various State Boards. Dispensary Constables, and other persons whose duties are defined by law. Additional oaths for Civ. '02, § 582. Construed to mean "other persons whose public duties are defined by law.” Sanders v. Belue, 78 S. C., 175; 58 S. E., 762. This Act was omitted from the Code of 1902. Sec. 640. In addition to the oath of office now required Sheriffs and by Article III, Section 26, of the Constitution, each Sheriff, others. Deputy Sheriff, Coroner, and their deputies, and every Magistrate and all Constables, shall, before they be qualified to act in their and each of their respective offices, in addition to their respective oaths of office, severally take also the following additional oath: "I, A. B., do solemnly swear (or affirm, as the case may be,) that in the execution of the office to which I have been elected (or appointed) I will, to the best of my 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." Oath. All officers charged with the preservation of the peace shall also take before entering upon the duties of their office, the following additional oath, to be administered in like manner as the said oath prescribed by Article III, Section 26 of the Constitution: "I will, to the extent of my ability, enforce the penalties prescribed by law against duelling, and will not fail to bring to justice all persons offending gainst the said law that may come within my view or nowledge." A. D. 1912. Additional oath required ficers in ing profits. re Sec. 641. Each County officer elected or appointed, shall, before entering upon the duties of his office, in addition to of County of the other oaths required by law, including the oath with spect to sharregard to duelling, take the following oath: "I, A. B., swear Civ. '02, (or affirm, as the case may be,) that I am under no promise, 583. 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." Sec. 642. 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. to be given by ficers. Civ. '02, § “Know all men by these presents, that we (here insert Form of bond the names of the person and his sureties) are held and firmly all public of bound unto the State of South Carolina, in the penal sum of (insert the amount required by law) dollars, to the pay- 584. ment 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 seal, 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. "Sealed and delivered in the presence of: 66 "(Here place name of witness.)" (L. s.) A. D. 1912. Bonds of County Dis Execution of.-Commissioners v. Yongue, 1 Brev., 22; Commissioners v. Muse, 3 Brev., 150: Comptroller v. Waring, 3 Dess., 57. Liability on, for failure of duty.-Commissioners v. Moore, 2 Brev., 51; Treasury v. Mayrant. 2 Brev., 228; Treasurers v. Moore, 1 N. & McC., 214; Treasurer v. Bates, 2 Bail., 363; Treasurer v. Burch, 2 Hill, 519; McCauley v. Heriot, Riley Eq 19: Williamson V. King, McM. Eq., 41; Treasurers V. Oswald, 2 McM., 145; Treasurers v. Clowney, 2 McM., 510; Treasurer v. De Saus sure, 2 Speers, 180; Lowndes v. Pinckney, 1 Rich. Eq.. 155: Me Kenna v. Secrest, 4 Strob. Eq., 160; Reynolds v Timmons, 7 S. C. 486; Greenville County v. Runion, 9 S. C., 1; State v. Baldwin. 14 S. C., 135; Tinsley v. Kirby, 17 S. C., 8; State v. Moses, 18 S. C., 372: I., 20 S. C., 470; State v. Lake, 30 S. C., 43; 8 S. E., 322; Strain v. Rabb. 30 S. C., 342; 9 S. E., 271; State ex rel. Elliott v. Jeter, 59 S. C., 110; 38 S. E. 134. Period covered by.-Commissioners v. Greenwood, 1 DesS., 450; Com missioners v. Boquet, 1 DesS., 599; Treasury v. Mayrant, 2 Brev., 228; Carelina Society v. Johnson, 1 McC., 41; Treasurer v. Lang, 2 Bail., 430; Treas urer v. Harris, 1 Hill, 282; Vaughn v. Evans, 1 Hill Ch., 414: So. Ca. v. Smith, 2 Hill, 589; Posey v. Ramey, 4 Strob., 20; Street v. Laurens, 5 Rich. Eq., 227; State v. Moses, 20 S. C., 470. Action on.-Commissioners v. McKie, 1 N. & McC., 575; Commissioners v. Newby, 1 McC., 184; Treasurer v. Wizgins, 1 McC., 568; Treasurer v. Bates, 2 Bail., 362; Ib., 1 Hill, 409; Williams v. King, McM. Eq., 41; Treasurers v. Oswald, 2 McM., 145; Treasurers v. Rivers, 2 McM., 207; Treasurers v. Buckner, 2 McM., 323; Mitchell v. Larens, 7 Rich., 109; State v. Toomer, 7 Rich., 216; Greenville County v. Runion, 9 S. C., 1; State v. Cason, 11 S. C., 392; Aiken County v. Murray, 35 S. C., 508; 14 S. E., 954. Stat. Limitations.-Williamson v. King, McM Eq., 41 Treasurers v. McPherson, 2 McM., 69; Reynolds v. Timmons. 7 S. C., 486; State v. Lake, 30 S. C., 43; 8 S. E., 322: Strain v. Rabb, 30 S. C., 342; 9 S. E., 271. Judgment on.-Treasurer v. Moore, 1 N. & McC., 214; Treasurer v. Ross, 4 McC., 273; Treasurer v. Burch, 2 Hill, 519; Treasurer v. Munday, 3 Hill, 167; Treasurer v. Buckner, 2 McM., 323: Norton v. Mulligan, 4 Strob., 355; Mitchell v. Laurens, 7 Rich., 109; State v. Moses, 18 S. C., 373. Costs.-Leslie v. Taggart, 2 McM., 71; State v. Wiley, 2 Strob., 113; Rowell v. Mulligan, 2 Strob., 379; Ib., 4 Strob., 349; Strain v. Rabb, 30 S. C., 342; 9 S. E., 271. Generally.-Dunlap v. Bynum, 4 Dess, 646 Treasurers v. Stevens, 2 McC., 107: Treasurers v. Ross, 4 McC., 273: Treasurers v. Burch, 2 Hill, 519; McBee v. Hoke, 2 Speers, 138; State v. Warner, 7 Rich., 225. Sec. 643. County Dispensers shall give bond in the form pensers. prescribed by the preceding Section; and the obligors on the Civ. '02, bonds of County Dispensers shall be liable for all attorney's fees incurred in the collection of any shortage covered by Attorney said bonds. 585. General may employ assist ant counsel to Sec. 644. The Attorney General is hereby authorized, in enforce bonds. case he deems it necessary, to employ assistant counsel in all Civ. '02, cases for the enforcement of said County Dispensers bonds and the collection of the penalties thereunder; the compensation of said assistant counsel shall be paid out of the sums ComptrollerGeneral to recovered in such actions on such bonds. 586. have blank bonds printed ed to Coun forms of Sec. 645. It shall be the duty of the Comptroller General and distribut to ascertain the number of officers in this State from whom bonds are required, and to cause an equal number of said Civ. '02, § bonds to be printed annually, at the expense of the State, ties. 587. |