Orangeburg news and times. [volume] (Orangeburg, S.C.) 1875-1877, 1877-01-20


The clerk of court, is conclusive on
this point, and is equally applicable
to the illegality Of these elections for
sheriff and coroner held in this coun-
ty on the 7th Of November last. But
question is raised here. 1t
is said that although that may be
truc-that the elections for county
officers held on the 7th of November
last are void yet Mr.. Livingston is
in full possession Of the sheriff off ce,
and that all the papers, records, &e.,
Of that Office have been turned over
to him; and that, being thus in pos
session, he is dc .tacto sheriff, and is
entitled to exercise its duties until
some final Judgment in the matter be
made. | had thought Of that point,
but | am not prepared to say what
force there may be i'll the argument
without hearing the question more
fully discussed. l will state, howcv
rthat | could mako no decision
now which would touch Mr.. Livinys-
tons right to the Office, or Il cprivc
him OF any Of the privileges, or pro
pcrty as i: has been termed, attach
ing to the same, because the Court
has decided that he has 10 oHice. and
hence he has no rights or property in
connection with that Office which
can be int'ringcl or taken away.
am not prepared to say, however,
that being in possession ofthc sherifl"s
Office he is not authorized az f;,c;o to
exercise The duties Of .hc same. THAT,
is 4 question which counsel would
have to argue more fully. The latter
portion Of the oder proposed provides
that the shcrii's Office shall be turned
over 70 the clerk Of the court. The
statute i'll relation to this point pro
yidcs that ''in ease ola vacancy in the
Office Of sheriff, Or until the sheriff be
elected aud commissioned, : e
the clerk Of the court shall take
possession Of the jail Of such county
and the prisoners therein" &a, and
"also the sherill's Office, with the
papers, records, &c, appertaining and
belonging to the same 1t will be
seen by the act that whilst it does
provide that the clerk shall take
charge Of the sherili"s office, and the
records, papers, DC, and the Jail, to-
gcthcr with the prisoners, &c, it does
not provide that Ii shall be sheriff.
as to whether ho would be sheriff,
whether he would have the power to
arrest Il prisoner, serve writ, sell
Pi"puit,, &C is ",..tlui .unuclning
which | have great doubt. There is
something ut least il The argument
tha; Mr.. Livingston is lc /acio sheriff.
/ 90 not, however, consider this point
material, and, therefore, without
celebrating it, | will sign this order So
far rs II relates TO tie Judgment made
by me in Charleston in reference to
the clerk of the court Of that county.
| will, however, make no order turn
ing the office of sheriff over to the
clerk Of the court If the sheriff's
Office is vacant, the law makes it the
duty OF the clerk to take possession Of
It, II it is not vacant, then whilst
the claimant may occupy it, it is my
advice to him that he seek legal coun-
sci as to the proper course Tor him to
pursue. l will leave this matter to
the clerk ofthe court and Mr.. Living
ston TO settle between them. The
following is the order, rs signed by
the Court:
SrATE or sourlI CAROLINA, In the
CouHi'Y oFOKANGEEUEG. ! Sessions.
Whereas, it appears to the Court
that there is nc lawful sheriff or cnro-
ncr for this county, by reason Of the
election for said Offices having been
held on the 9TH day Of November last,
instead Of the third Wednesday in
October last, MS prescribed By law.
Now, therefore,
70 is or'lc'ca, That this Court Of
General Sessions do adjourn from day
TO day until tho 29th day Of January,
1877, at which time all Jurors and