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Salary of, sistant.

Civ. '02,

Section 699. The Attorney-General shall receive a salary and of his as at the rate of nineteen hundred dollars per annum; and the Assistant Attorney-General, who shall be appointed by the Attorney-General, shall receive a salary of thirteen hundred and fifty dollars per annum.

Sec. 700. Before entering upon the duties of his office, Bond of. the Attorney-General shall execute a bond, with two good Civ. '02, $ sureties, to the State of South Carolina, in the sum of ten thousand dollars, for the faithful discharge of his office.

639.

for the State

in the Su

preme Court.

Sec. 701. He shall appear for the State in the Supreme Shall appear Court in the trial and argument in said Court of all causes, criminal and civil, in which the State is a party or inter- Civ. '02, § ested, and in such causes in any court or tribunal, when 640. required by the Governor or either branch of the General

Assembly.

formation

sons who in

Sec. 702. He may, when, in his judgment, the interest of May file inthe State requires it, file and prosecute informations or other against perprocess against persons who intrude upon the lands, rights, trude on pronor property of the State, or commit or erect any nuisance State. thereon.

State v. Columbia Water Power Co., 82 S. C., 192; 63 S. E., 884.

erty of the

Civ. '02,

A. D. 1912.

Sec. 703. He shall consult with and advise the Solicitors the Solicitors in matters relating to the duties of their offices; and when, in

Shall advise.

and

the Jury.

attend

Civ. '02, §

642.

Protect pub

and prosecute

643.

his judgment, the interest of the State requires it, shall assist them by attending the Grand Jury in the examination of any case in which the party accused is charged with a capital offence; and when, in his judgment, the interest of the State requires it, he shall be present at the trial of any cause in which the State is a party or interested, and, when so present, shall have the direction and management of such prosecutions and suits.

Commissioner v. Rose, 1 DeS., 461; ex parte Dunn., in re. Hand v. R. R. Co., 8 S. C., 207.

Sec. 704. He shall enforce the due application of funds lic charities given or appropriated to public charities within the State, corporations. prevent breaches of trust in the administration thereof, and, Civ. '02, when necessary, shall prosecute corporations which fail to make to the General Assembly the return required by law. Sec. 705. He shall, when required by either branch of the General Assembly, attend during their sessions, and give Civ. '02, his aid and advice in the arrangement and preparation of legislative documents and business, and shall give his opinion upon questions of law submitted to him by either branch thereof, or by the Governor.

Shall advise the General

Assembly.

644.

Shall advise the State officers.

Sec. 706. He shall, when required by the Secretary of State, Treasurer, Adjutant and Inspector-General, the Civ. 02, Comptroller-General, Railroad Commissioner, or other State officer, consult and advise with them, respectively, on questions of law relating to their official business.

645.

ally report to

sembly.

Civ. '02, § 646.

Shall annu- Sec. 707. He shall annually make a report to the General General As Assembly of the cases argued, tried, or conducted by him in the Supreme Court and Circuit Courts during the preceding year; with such other information in relation to the criminal laws, and such observations and statements, as, in his opinion, the criminal jurisdiction and the proper and economical administration of the criminal law warrant and require. Governor to Sec. 708. On his representation, the Governor may draw on his repre-his warrant on the Treasury to an amount not exceeding defray ex three hundred dollars in one year, for the contingent tain civil ac- expenses of civil actions in which the State is a party or has an interest, for which sum he shall, annually, in October,

draw warrant

sentation

to

penses of cer

tions.

Civ. '02, §

A. D. 1912

Neither he nor the Solic

itors to take a

ccount to the Governor; and he shall state the amount so xpended in his annual report to the General Assembly. Sec. 709. No prosecuting officer shall receive any fee or eward from, or in behalf of, a prosecutor, for services in any prosecution or business to which it is his official business prosecutor, to attend, nor be concerned as counsel or attorney for either a civil case party in a civil action depending upon the same state of of facts. facts.

fee from a

nor appear in

on same state

Civ. '02,

648.

Attorney

Sec. 710. The Attorney-General shall account with the Treasurer of the State for all fees, bills of costs and moneys General to acreceived by him by virtue of his office.

count to the Treasurer.

Civ. '02, §

Sec. 711. The Solicitors, before entering upon the duties of their offices, shall, respectively, give bond, with two good 649. sureties, to the State of South Carolina, in the penal sum of Vacancies five thousand dollars, for the faithful discharge of the duties bonds of. of their respective offices.

in office of;

Civ. '02. $ 650; 1876,

In case any Circuit Solicitor shall cease to reside in his XVI, 152. circuit, his office shall become vacant. In case any vacancy shall occur in such office by death, resignation or otherwise, the vacancy thereby created shall be filled by the Governor, by and with the advice and consent of the Senate. The Judge residing in the Circuit of the Solicitor, whose office shall thus become vacant, shall certify such vacancy to the Governor.

Tenure of office.-State v. Jeter, 1 McC., 233; State v. Butz, 9 S. C., 156.

Attorney

advising the

the State of

of in criminal

Sec. 712. Solicitors shall do the duty of the Attorney- Shall do the General, and give their counsel and advice to the Governor same duty as and other State officers, in matters of public concern, when- General in ever they shall be, by them, required to do so, and assist the Governor and Attorney-General, or each other, in all suits of prosecution ucers: duty in behalf of this State, when directed so to do by the Gov- cases. ernor, or called upon by the Attorney-General. They may Civ. '02, § defend any person brought to trial before any criminal court of this State, when their duty shall not require them to prosecute such persons, or their assistance be not required against such person by the Governor or Attorney-General.

651.

Sec. 713. The Circuit Solicitors of the various Judicial 1906, 120. Circuits of this State shall each receive an annual salary of seventeen hundred dollars ($1,700.00), payable monthly; such salaries to be in lieu of all charges against the State and the Counties.

A. D. 1912.

tion of Solic

ing General

All costs from defendants shall be paid over by the Solic itor to the County Treasurer for the use of the State. Compensa- Sec. 714. Whilst in attendance upon the sessions of the itors attend- General Assembly, Solicitors shall receive as compensation Assembly. the sum of five dollars per day for each day of actual attend1910, 755. ance, and mileage at the rate of ten cents per mile one way. for necessary travel in the discharge of their official duties, the same to be paid upon the certificate of the Solicitors as to number of days in attendance, and actual necessary miles traveled, said certificate to be approved for payment by the Attorney-General of the State.

To be called in by persons

the State to

rights, else

Sec. 715. In all cases wherein the right of the State may holding under be involved, it shall be the duty of the persons claiming defend their under the State to call on the Attorney-General, or Solicithe State not tors, in their respective districts, to defend the right of the State; on failure whereof, the record of such case shall not be adduced as evidence to substantiate any claim against the State.

bound.

Civ. '02,

652.

To sue for penalties.

Civ. '02, §

653.

Sec. 716. It shall be the duty of the Attorney-General and Solicitors to sue for the penalties incurred by any public officer or board of public officers.

For authority to employ assistant counsel in actions on Dispensers' bonds, see Section 649, ante.

Attorney- Sec. 717. The

General and

examine the

County officers.

654.

Attorney-General and Solicitors are Solicitors to required, annually, at such times as they may deem expeoffices ofdient, to examine into the condition of the offices of the Clerk of the Court of Common Pleas and General Sessions, Civ. 02, of Sheriff, and Register of Mesne Conveyances, in their respective Counties, and to ascertain if the said officers have discharged the duties which now are, or shall be, required of them; and they shall make a report of the condition of the said offices, and of the manner in which said officers have discharged their duties, to the Circuit Court in each County, respectively, at the fall term in each year, and also to the General Assembly at its annual session.

Solicitors to

Sec. 718. The Solicitors shall attend the Courts of GenCourts of eral Sessions and Common Pleas for their respective Cir

attend Circuit

their respect.

ive Counties, Cuits.

Civ. '02, §

Duties in Court.-State v. Barrantine, 2 N. & McC., 553: State v. Addison, 2 S. C., 365; State v. Coleman, 8 S. C., 237; State v. McNinch, 12 S. C., 95.

A. D. 1912.

To furnish

Civ. '02,

Sec. 719. It shall be the duty of the Solicitors, on the last day of October, in every year, to furnish the Comp-report to the troller-General with a statement of all debts due to the State Comptroller. in their several possessions, showing the names of the debt- 656. ors, the amount of debts, the interest, the payments made, and the balance due to the State; and if any of said officers fail to furnish the Comptroller-General with such statement, he shall forfeit and pay the sum of two hundred dollars, to be recovered by action in any court of law in this State having competent jurisdiction.

Comptroller.

to

Sec. 720. It shall be the duty of the Circuit Solicitors, To furnish duplicate rein making their returns to the Comptroller-General, as by turns law directed, to make out and deliver to him, at the same time, fair duplicates thereof.

Civ. '02,

657.

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compensa

point depu

Section 721. The Governor, whenever any public emer- State Congency shall require it, or when it shall become necessary to pointment: the due execution of legal process, shall appoint an officer tion: may ap to be known as the Chief Constable of the State, who shall ties. receive as compensation, when actually engaged in the public Civ. 02, § service, five dollars per day and five cents per mile for each mile actually traveled in the performance of his duties, which duties shall be especially prescribed by the Governor.

The Chief Constable is authorized to appoint Deputy Chief Constables, not exceeding two for each County, who shall receive two dollars per day when actually on duty, and as many Deputy Constables as may be necessary, who shall serve without pay.

658.

Civ. '02, § 659.

Sec. 722. The Chief Constable of the State, and the Duties of. Deputy Chief and Deputy Constables in the Counties, shall exercise all the common law and statutory powers of Constables, and all authority given to the police or watchmen

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