The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1874-06-17

evidence and reasons for his action,
and the name Of the person so desig e
mated to perform the duties Of such
Office; and if the Senate shall concur
in such suspension, and advise. and
consent to the removal of such officer,
they shall SO certify to the Governor,
who may, thereupon, remove such
officer, and by and with the advice
and consent Of the Senate, appoint
another person to such Office; but, if
the Senate shall refuse to concur in
such suspensions, such officer, so sus-
pended, shall forthwith resume the
functions Of his office, and the powers
Of the person so performing it's duties
in his stead shall cease, and the official
salary and emoluments Of such Office,
shall, during such suspension, belong
to the person so performing the duties
thereof, and not to tho officer so sus-.
pended: Provided, however, that the
Governor, in case he shall become
satisfied that such suspension was
made on insufficient grounds, shall be
authorized at any time before report
ing such suspension to the Senate, as
above provided, to revoke such sus'
pension, and rcinstate such officer IN
the performance of the duties Of his
office.
Sec. 1876. That if any person shall,
contrary to the provisions Of this act,
accept the Office Of county auditor OF
treasurer, or shall hold or exercise, or
attempt to hold or exercise any such
Office, or fail, when application is
made to him by his successor TO turn
over all the books, papers and proper
ty, of all kinds whatsoever pertaining
to said Office, he shall be deemed, and
is hereby declared to be, guilty of a
misdemcanor, and upon trial and con-
vic:ion thereof, he shall he punishable
therefor by fine not exceeding five
thousand dollars, or by Imprisonment
not exceeding FIVE years, or both said
punishmcnts in the discretion of the
court.
Sec. 1877. Tho comptrollersgcncral
of the State, shall, as often as once a
year, either in person, or by some
authorized agent Of his Office, exam
inc all the books, papers and accounts
pertaining 10 the office Of the auditors
and treasurers of the respective coun'
ties of this State, with q view of pro-
tccting the interests Of the State, and
rendering the said officers such aid
and instruction as, in The discharge Of
their several duties, they may need
to make their advice the most eff
cicnt.
Sec. 1873. Tho treasurer Of Charles
ton county is authorized to appoint
four deputies, whose duty if shall b.
10 assist in the collection Of taxes il
said county. Said deputies shall eacf
receive, as compensation for thei'
services, the same commissions as are
paid for the collection Of taxes to The
county treasurer: Provided, That Tho
total amount paid to each deputy, il
any current year, shall not exceed
the sum of five hundred dollars: Ant
provided, further, That the duties o
said deputies shall be confined to THO
collection of the simple tax, and shal
not include the collection of take!
with penalties attached. Said deputie:
shall give such bond for tho faithfu
performance Of their duties as sait
county treasurer shall require.
Sec. 139. That whenever the Ger
cral Assembly shall fail TO make thu
annual levy Of take, or the collection
of the samo may be in any way de
laycd, it shall be the duty of The
comptrolcr-scncral to notify cacl
county treasurer that the penalty fol
non-payment shall not attach unit
after the expiration of sixty days
from the date Of his public announce
meut Of his readiness to collect th|
said taxes.
Sec. 140. The collection Of taxes
shall not be stayed or prevented by
any injunction, writ or order, issuet
by any couat or judge thereof.
Sec al. In any action or proceed
ing against any county treasurer il
this State, for the purpose of recov
cring any property or money alleged
to have bccu enormously or illegally
assessed and collected as taxes, as
scssmcnts or penalties, unless th'
party bringing such action or pro
cceding shull make it appear that
notice in writing of the claim OF
which such suit may be brought wa
given to said treasurer in pursuance
Of the ninety-sccond section Of thi'
act, and unless it shall be made t
appear that said treasurer in pursu
ance Of the ninety-second section O
this act, and unless it shall be made
to appear that said treasurer has pro
cecded contrary to the provisions O
this act, the amount recovered in sucl
suit shall not exceed the value of tho
property or money aforesaid.
Sec. l42. 1t shall be tho duty of the
Encouragement Of the State to de-
fcnd any suit or proceeding against
any county treasurer, or other officer
who shall be sued for moneys collect
cd, or property levied on or sold on
account Of any tax, when the State
auditor shall have ordered such COL
lcctor to proceed in the collection Of
any such tax, after notice rs afore'
said, or suit brought; and any judg.
ment against said treasurer, or other
officer, finally recovered, shall be paid
in the manner provided in section
one hundred and forty (140) Of this
act.
Sec. 143. That all past due and un
paid taxes, State or county, laid OF