Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1874-07-23

be stayed or prevented by any injunction,
writ or order, issued by any court or judge
thereof.
Sec. 141. In any action or proceeding
against any county treasurer in this State, for
the purpose of recovering any property or
money alleged to have been enormously or
illegally assessed and collected as taxes, as
sessments and penalties, unless the party bring
ing such action or proceeding shall make it
appear that notice in writing of the claim on
which such suit may be brought was given to
said treasurer in pursuance of the ninety.sec
ond section of this act, and unless it shall be
made to appear that said treasurer has pro-
ceeded contrary to the provisions Of this act,
the amount recovered in such suit shall not
exceed the value Of the property or money
aforesaid.
Sec. 142. II shall be the duty of the attor-
ney-general of the State to defend any suit or
proceeding against any county treasurer, or
other officer, who shall be sued for moneys
collected, or property levied on or sold on ac-
count of any tax, when the State auditor shall
have ordered such collector to proceed in the
collection of any such tax, after notice as
aforesaid, or suit brought; and any judgment
against said treasurer, or other officer, finally
recovered, shall be paid in the manner provi-
ded in section one hundred apd forty (14o) of
this act
Sec. 143. That all past due and unpaid
taxes, State or county, laid or levied under or
by authority of the late provisional govern
ment, or under or by virtue of military Or
ders, shall be paid and collected by the coun-
IL 1oto al o{D
shall turn over all moneys, books, tax execu-
tions, papers, and other property now in their
possession in the same manner as provided
in this act.
Sec IA. Fees for the actual collection of
taxes only shall be allowed, and no costs or
expenses shall be paid by the county or State
on any executions issued, or hereafter to be
issued, and returned nulla bona.
Sec. 145. The attorney general shall, when
requested so to do, give to the comptroller
general written opinion upon any question
submitted to him by said comptroller-general,
relative to the true construction Of this act, or
any provisions thereof.
Sec. 146. The county commissioners of each
county shall, on or before October 31st in
each year. make report to the comptroller
general, to be transmitted by him to the Gen.
eral Assembly, not only of the amount of
taxes levied and collected in their respective
counties, but a detailed account Of all their
doings as required by law, and said report
shall be made in such form as the comptrol-
ler-general of the State shall direct or prepare
and forward to them for such purpose; and
upon failure so to report, they shall be fined
=. ~ L.,
than five hundred dollars.
Sec. 147. 1t is hereby made the duty Of
each county treasurer, or his deputy, in the
collection of taxes, and for the convenience Of
each taxpayer, that he shall attend at such
polling precinct as the county board of equal
ization may direct in his county, aud at as
many additional public places as in his judg-
ment will be necessary for the collection Of
the same
Sec. 148. That all acts or parts of acts in
consistent with this act be, and the same are
hereby, repealed: Provided, that nothing
herein contained shall be construed to repeal
an act entitled can act to provide for the re-
demption of forfeited lands upon certain con-
ditions therein named" approved February
18th, 1874.
Approved March 19, A. D. 1874.
AN ACT
TO amend an Act entitled "An Act to Incorate the
Spartanburg and Asheville Railroad Company.
Section l. Be it enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As
sembly and by the authority of the same:
That from and after the passage of this act
it shall be lawful for any county, town or city
in this State, interested in the construction Of
the Spartanburg and Asheville Railroad in
South Carolina, or any branch thereof, to sub.
scribe to the capital stock of said company,
or of any company with which it may consol-
idate or unite, such sum, and to be payable in
such manner as the people or the proper au-
thorities of such county, town or city shall
deem best, determine and authorize: Provi-
ded, That the amount ofstock to be subscribed
shall not exceed five per centum of the entire
valuation of the entire property of the county,
town o. city so subscribing: Provided, fur
ther, That the county, city or town subscribing
under the provisions of this act to the capital
stock of the said railroad company, shall have
Issued to the said county, city or town prefer
red stock in said railroad company, to the
amount of said subscription.
Sec 2. That it shall be the duty Of the
county commissioners ofsuch county, for their
respective counties, and the proper authorities
of such town or city, for their respective towns
and cities, interested in the construction Of the
road aforesaid upon the petition of one hun.
dred legal voters of such county or twenty-five
legal voters of such town or city, to submit
the question ofsubscription or no subscription,
and the sum or sums to be subscribed to the
said capital stock, to vote of the qualified
voters of such county, town or city, and to
that end public notice shall begiven for thirty
days previous, of the time and place, where
and when, the vote will be taken upon said
question of transcription or no subscription.
Sec 8. That the county commissioners OF
such countless and the proper authorities Of
the several cities and towns which may vote
for subscription to the capital stock aforesaid,
be empowered, as soon as the said railroad
company shall have complied with the terms
of subscription, to have levied and collected
from year to year on the taxable property of
such county, town or city, sum of money
sufficient to meet the interest accruing on such
bonds as may be issued to meet such subscrip.
ton to the capital stock of the said Spartan.
burg and Ashevlle Railroad company, and
to provide for the payment of said bonds as
they may fall due.
Sec. 4. That no stockholder of said compa-