Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1873-09-18
VOLUME XXXvIII.-Nss 4 ss9s
An important Decision ~ &

To our County Treasurer Z E !. otanty t cosn=s
missloners, and all persons holding County
Checks or claims against tho County, yves
direct especial attention 10 The following
able and logical legal opinionI rendered Iy
Judge Maher, at Beaufort ia .Ee6rraryt
last: tAndslet the officers alluded ed-tosgoy-
ern themselves accordingly and it viii
be well with them: 8 9
We-State OF South Carolina, lbr. Rela-;
tone, W. j. ,aVcrdier agaizst George
Holmes, County Treasurer of Beaufort
Co,lnty.-ln Common .Pleas.s,.s &. 3 >.
Upon application Of the relators w y.
Verdier, a rule was issued requiring She,
respondent, George Holmes, as treasurer
Of Beaufort county, to show cause.wi,v q
peremptery mandamus shouldnot be on. :
dered, to compel payment of two orders
upon the county treasurer of9said coRIty, 8
held and owned by the srelator- one g foe forg
sixty dollars, drawn by the county AUDI
tor, and approved by the chairman of the {
board of county commissio oners, dated the
10th August 1872, and payable to- AL. I
Hall or order-and the other, fftys'dol-
lars, drawn by the board Of county con-
missioners, dated the 9th October. 1879,
and payable to P. L.. w, or bearer
which said orders were, as it is avowed,
presented for payment to the respondent
or treasurer, on the 9th February, 1873,
and payment thereof refused, although
at the time of the demand there were in {
the treasury funds more than sufficient for
the payment of the sameS e .
|. The respondent, in his sS6rn return Ia.
said rule, sets forth the several grounds
on which he rests his justification fol. re-
fusing to pay the said orders, one only of
which, IN the view taken of the case; it's
deemed necessary 10 notice. ;iltS{ rfeii
Among other things the return states,
that the respondent did not assume the
duties Of treasurer of said county until on.s
or about the 10th day of December; 1877,
after the date Of the-issuing OF said checks,
and that at the time Of the demand efSsr
the payment Of said checks, he had ii his
hands no funds other than such tss were
collected by him under the joint resolution
Of the General, Assembly tolevv a tax for
hefcurrent fiscal year-and that this'r re-
spondent did not receive any funds what I
ever belonging to said county from bis
predecessor in Office; F. E. Wilder. y
1T is proper to add that the two orders
in question were exhibited at the hearing,
and appear to have been drawn on F. Z.
Wilder county treasurer Of said county Z
The return was not trayersed 80 -, !: !.
: The manner in which county funds are III (
to be disbursed is plainly prescribed by
statute The county treasurer is. required :
TO report to the board of county commits
sioncrs, on the fifteenth day Of eachinohth,
The amount of funds collected for and on
account of the county, and the characte::
of such funds. Genl, st. Ch., XIII, Sec q
IL, p. n. The board have power at tIeI :
annual meetings 10 examine, settle and j,
allow all accounts chargeable against the s
county, and to draw orders on the county :
treasurer for the ,same-but with the eS-
press restriction: that. they "sshall not s
draw any order upon the county treasurer. :
until after the monthly return; Of the
treasurer shall have been made, nor Unless,
he has the funds in the treasury to paythe
sapc,' and further, it is made the duty !.
Of the board to. inform the treasurer of the
orders drawn, in whosefavor, and the or. !;
der in which they are drawn GenE. st. !.
Ch. XIX. Sec. 9, p. 135. These, proyis-
ions Of the law are clearly mandatory, and
not directory merely, orders cali be, dtawn
after the trcasurjrs monthly report is in, =
showing funds subject to draft The Teas
urer should hn r-~----.'. 'r-~---!'5. ,1tt;, j 81 fIe.