The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-30
CoLUMBlA s. g. TUESDAY MORNING. AUGUST 80
CODE OF PROoEDURE--Concluded

CODE OF PROCEDURE Concluded.
SEC. $50. When such action shall be
brought against person for usnrping
an office, the Attorney Conceal, or pri-
vate party bringing the same, in addi-
ti0n to the statement of the cause of
action, may also set forth in the COM
plant the name of the person rightfully
entitled to the Office, with statement of
his right thereto; and in such case, upon
proof by affidavit that the defendant hus
received fees or emoluments belonging
to the Office, and by means of his usurp-
alton thereof, an order may be grant ed
by Judge of the Circuit or Justice of
the Supreme Court for the arrest of such
defendant, and holding him to bail; and
thereupon he shall be arrested and held
to bail, in the manner, and with tho
snme effect, and subject to the Same
rights and liabilities. as in other civil
actions where the defendant is subject to
arrest.
Sec. 451. In every such case, judg-
ment shall be rendered upon the right
of the defendant, and also upon the
right of the party SO alleged to be cnti-
tied, or only upon the right of the de-
fendant, as Justice shall require.
SEC 452. If the Judgment be rendered
upon the right of the person so alleged
to be entitled, and the same bo in favor
of such person, he shall be entitled, after
taking the oath of Office, and executing
such official bond as may be required ~
law, to take upon himself the execution
of the Office; and it shall be his duty,
Immediately thereafter. to demand of
the defendant i'll the action MI the books
and papers in his custody, or within his
power, belonging to tho office from
which he shall have been excluded.
SEC. 453. If the defendant shall refuse
or neglect to deliver over such books or
papers, pursuant to the demand, ho shall
be deemed guilty of misdemeanor, and
the following proceedings shall be had,
to compel delivery of such books and
l. Whenever any person shall be re-
moved from Office, or the term for which
he shall have been elected or appointed
shall expire, he shall, on demand, deli
yer over to his successor all the books
and papers in his custody, rs such
officer, or in any way pertaining to his
Office. Every person violating this pro-
vision shall be deemed guilty of mis-
demeanor.
2. If any person shall refuse or neglect
to deliver over to his successor any
books or papers, as required in the pre-
ceding Section, such successor NAV
make complaint thereof to any Judge of
the Circuit Court. or Justice of the Sill
preme Court, where the person so re-
fusing shall reside, and if such officer
be satisfied by the oath of the com
plant, and such other testimony rs shall
be offered, that any such books or pa
pers are withheld, he shall grant IN
order directing the person so refusing to
show cause before him, within some
short, reasonable time, why he should
not be compelled to deliver the same.
3. AT the time appointed, or at any
time to which the matter may be ad-
journcd, upon due proof being made of
the service of said order, such officer
shall proceed to inquire into the circum-
stances. If the person charged with
such books or papers shall
make affidavit before such officer that he
has truly delivered over TO his successor
all such books and papers in his custody,
or appertaining to his Office, within his
all further proceedings be-
fore such officer shall cease, and the per-
son complained against shall be dis
charged.
4. If the person COZ. planned against
shall not make such oath, and it shall
appear that any such books or papers
are withheld, the officer before whom
such proceedings shall be had, shall, by
warrant, commit the person so with
holding to the Jail of the County, there
to remain until he shall deliver such
books and papers, or be other wise dis
charged according to law.
s. In the case stated in the last Sec
ton, if required by the complainant,
such officer shall also issue his warrant,
directed to any Sheriff or Constable, COM
manding them in the day time to search
such places rs shall be designated in
such warrant for such books and papers
rs belonged to the officer so removed, or
whose term of Office expired, in his ofll.
cial capacity, and which appertained to
such office, and seize and bring them be-
fore the officer issuing the warrant.
6. Upon any books and papers being
brought before such officer, by virtue Of
such warrant, he shall inquire and ex
anime whether the same appertained to
the Office from which tue person so.refus
ing to deliver was removed, or of which
the term expired, and he shall cause the
same TO he delivered tO tho ooup1o;,