The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1847-03-31
sUMTERvlLLE, SOUTH CAROLINA, MARCH g. 1a4z

so subject 10 distribution, shall MOI in ll,c
whole exceed the sum OF three thousand
dollars; such Guardian or Guardans To b,.
appointed only upon petition to the Ordi-
nary in writing, by the mn"r. If Of the
age "i choice, or ifthe be not uf such upe.
Then ny ihn person or persons desiring The
appointments. Providcd, that nothing
herein contained, shall he so construed ms
I" restrain the Ordinary in the exercise of
any "l the powers now vested in him, ,n
pronounce DEGREES for the distribution and
settlement Of estates, or To appun, Guard
ians nd lHem. And the sai, Ordinary shnIl
require ali Guardians. so appointed by him.
aforesaid. 10 enter into bond, will, go,1l
and sufficient surcties, for the ruithri,I dis
charge of the duties Of their appointment.
and To requi'c additional sure,irs 10 ,ucl,
bond, when he may deem the snme nec.s.
sary; and the said Ordinary shall have p,w.
"r |" call my Guardian appointed by him.
or by any OF his predecessors in Office. Ia,
accnunt for the cstate committed 10 him
| and upon such uccoun, to pronounce a de-
| cree against such Guardian. which dccr,o
shall auth"rize such proceedings mains,
the snre.irs Of such Guardian, ms may he
had in like cases against The administrator.
III. That an appeal shall lie from The ,le. .
c'si"n of the Ordinary, upon any matter
arising out "i the jurisdiction confcrredup.
on INN by this Act, in The same manner, and
tn the Court Of Common Pleas, or Courl of
| Equity, us the case mny be-, us is now pro-
vided by law in relation to appeals from
the Ordinary.
AN ACT TO AMEND THE LAW NRELAr,os
TO SHEnIFFs.
BE ii enacted, by the Senate and House
"i Representatives, nnw met and s,tinp in
Gc"eraI Assembly and hy the au,hori,y nl
ll'c same, Thalif any Sheriff shall, upn,,
'he de"nnd "lnny Plaintiff, or his Attorney
or within one day thereafter, wiIlfuIly re.
'use, (and not have nutire, bona fide. tu
rrtuin HE same, from some one claimiup
'he money! to pay over any sum nf,nrnry
collected inr such Plaintiff, The Sheriff in
default, brsdcs being liahIc, as now pruvi
dcd by law, shall be liable to pay the sun
withheld aud interest thereon, nj the rate
! oi 1--we per cent. per month for The time h.
may wilhh"Id such sum 'nftcr demand. an,
. upon recovery had for such default. III,
s"rellcsnf such Sheriff shall be liable e.,
the entire amount as for other ncuIcct q
official duty.
H. That ifany Sheriff shall fail or refus,
|" execute or return final process in nny
cIrli suit, or pay over the money, us nforc
said. when demanded, thu, has come inn,
his hands us Sheriff, to the party entitled
s"ch purity may suggest to the Court IL
winch such final process is returnablc, b,
leave "i the Court, that with due ,iliucnc,
Tie same could have been executed, or hay.
III. been collected that the money has moi
been paid over on demand, il shall be III.
duty Of HE Court forthwith to cause an L.
sue To be made up /" try he facts, aud if il
shall bc found by the Jury trying the issue
thar the said final process could have bee,
executed, with due diligence, or ,ha. the
money naving becu collected has no, been
paid over on demand. judgment shall b.
rendered agains, The said Sheriff aud hi,
s"rr'leS, for HE debt, interest aud Gusts, to-
s'thrr WIN tive percent. damages as above
provided: Prorided. That three DAYS no.
Ilcr shall he bcgivrn to The Sheriff nllry, d l..
be III default, and also to such Of his sure
nrs or their representatives. is may be Enund
III The District where The issue is to be tried.
oi such application rnr leave to file snn
grStlon: Proridcd also, that the prcvisinns
OF this ACT lie deemed cumulative, and moi
/" bar or effect any ghl Of action or other
proceeding now authorised by law,
AN All TO DiMlNIsH THE NUMBER OF
MAGISrRATES