The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-07-28
Important Act to County Officers.


Legislature:
An Act to provide for the Qualification of certain
Officers recently elected under the provisions Of
the Constitution of North Carolina.
Section l. The General Assembly of North Caro-
lima do enact That it shall be the duty of the County
Commissioners eject in each County respectively to
meet Immediately and designate of their number
who shall at once go before Judge of the Supreme
or Superior Court, United States Commissioner
any other officer of the United States authorized to
administer oath, and be qualified by taking the
oath prescribed in section four, article six ofthe
Constitution of this State and the County Commits
sioner thus qualified shall forthwith proceedto quail
fy in like the other four Commissioners elect
Sec. 2. That the Board of County commissioners
being thus constituted, shall, without delay, proceed
to qualify in like manner aforesaid each and all
the County officers elected appointed including
Justices of the Peace and Constabes and shall take
the bonds required by law, specified in the Revised
Code for the due discharge of their duties from such
of these officers may be required by law to
give such bonds, and shall the said bonds to be
recorded by the Register of Deeds in a separate book
to be known as the Registry of Official Bonds, and
the original of said bonds shall also be filed in the
office of the Clerk of the Superior Court, except the
bond of said Clerk Of the Superior Court which
shall be filed in the Office of Register of Deeds, and
officer shall be surety any bond required to be
filed in his office: Provided, The Sheriff shall
three several bonds payable to the State of
Carolina one in the of twice the amount of the
County and poor taxes for the preceding year. con-
ditioned for the collection, payment and settlement
of the County and taxes required by law; one
in the sum of twice the amount of the public taxes
paid by the County for the preceding year, condi-
toned, for the collection, payment and settlement OF
the public taxes required by law: Provided fur
ther, That neither of the aforesaid bonds shall ex
coed the amount required by existing law. And
the third in the of five thousand dollars cond
toned follows: s'the condition of the above obi
cation is such that, whereas, the above bounden--
is elected and appointed sheriff of---county,-
therefore, he shall well and truly execute and due
return make of all process and preceps to him d-
rected, and pay and satisfy all fees and sums Of
money by him received, or levied by virtue OF any
process into the proper office into which the same by
the tenor thereof ought to be paid, to the person
persons to whom the same shall be DUE his, her.
or their executors, administrators, attorneys, or
agents. and in all other things well, truly and faith
fully execute the said Office of sheriff during his
tinuance therein, then the above obligation TO
be void otherwise to remain in full force and effect
Provided, Those commissioners and other county
officers who have heretoforeb been qualified by other
means than those prescribed in this Act, shall re-
qualify according to the provisions Of this Act; but
all official acts done by such officers heretofore in
good faith, shall be deemed valid in all respects.
Sec. 3. That ma jOrity of the Board of County
Commissioners shall have power to perform the du
ties imposed by this act upon said Board The sui
cheney of any bond required by this act, shall be
certified by endorsement of such bond by each MEM
Der Of said Board asserting thereto and if any bond
with insufficient suretes be taken of any officer by
said Board, or by majority acting for them, each
and every member of the Board asserting to such
| a surety on such bond, and subject to suit such
by any person entitled to on said bond, but the
Commissioners shall be liable if they act in good
! faith, and the bond is sufficient when taken.
Sec 4. That if any Of the aforesaid county officers
elected appointed shall fail to give a sufficient
bond or bonds required by this act, within twenty
days after receiving notice from the aforesaid Board
to appear and qualify it shall be the duty of said
Board to declare the office of the said officer elected
or appointed, vacant, and to take such action at
once may be necessary to have said vacancy filled
in the prescribed by the Constitution and laws
| of this State
Sec. s. That the solicitor in each judicial district of
the State shall be qualified by the Judge Of the SUI
perior Court of said judicial district by taking the
oath aforesaid and if there be Judge in the judi
cal district, then the solicitor may be qualified by the
Judge of other judicial district; and if any So
licitor elect SHALL for insufficient reasons, fail to
qualify within twenty-days after notice from the
Judge of said district to appear and qualify, it shall
be the duty OF the Judge aforesaid to declare the
Office of said officer elect, vacant, and to report the
| said vacancy to the Governor.
Sec. 6. All officers herein mentioned, including
| the County Commissioners when they qualified
herein directed, shall be furnished by the author
| ity qualifying them with certificates duly signed,
stating the fact of their having been qualified and
the date when, together with the office to which each
has been qualified which certificates shall be
ded in the office of the Register of Deeds, who shall
endorse upon each certificate the book and page Of
| the book on which the same is recorded.
Sec. 7. That ali persons holding Offices of
demand is made and the aforesaid certificate of quail
ifcation is exhibited to them by their successors,
chosen under the present Constitution of this State,
turn to their said successors, all moneys, books
papers, processes, executions lists of taxes collected
and uncollected County and State forthe year 1863
and all other effects whatsoever pertaining to their
respective Offices, taking receipts for the same but
such officer is hereby authorized to retain the fees
and commissions accrued up TO the time of transfer:
Provided, that within the meaning of this section,
the Register of Deeds shall be deemed the
OF the late County Register, and the County Treas
urer shall be deemed the successor of the County
Trustee.
Sec. 9. No person prohibited from holding office
under any State, by section of the Amendment to
the Constitution of the United States known as arti-
Gle IA, shall qualify under this act, hold Office in
this State.
Sec. .. That any person now holding an Office of
trust profit who shall wilfully fail refuse to
comply with the requirements of section Z, in rea
ton to turning over the appurenances of his Office
to his successor under the present Constitution of
this State, shall violate section of this act, shall
be liable to Indictment for high misdemeanor and
conviction, shall be fined not less than thous
end dollars five thousand dollars impris
oned not exceeding two years, both at the discre
ton of the court.
Sec. TO- That all laws and part oflaws inconsistent
with the provisions of this act hereby repealed
Sec. H. That this act shall take effect from and
after the date of its ratification.
An Act in Relation to Marriage License.
Section /. The General Assembly of North
Carolina do enact, That the duty of issuing Mar
siage License in each county respectively, and
fees allowed by law for the performance of said
duty, shall appertain to the Register of Deeds.
Sec 2. That the Register of Deeds shall be
liable to the same penalties for failure or refusal