The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-10-21
90, aud Oh reaching Daiville found that II
was the wrong man again,

But nevertheless he brings In q bill
the County for some forty odd dol
lars.
Fortunately for the County, the Super:
visor had the nerve and tirmness to stand
by what he had told the Sheriff at the out
set and so far has refused to allow this
claim.
We understand, however, that the Sher-
if has not abandoned the matter, but
threatens to take the case into the Courts
il these two accounts amounting in the ag-|
gregate to some fifty or tifty-ive dollars,
are not paid.
But while in the above cited cases the
Sheriff over-did his duty, there are other
cases wherein he has failed in that respect.
For instance, Section 428 Of the Revised
Statutes makes it the duty OF the Sheriff
to make return to the Treasurer OF all tax
executions put in his hands for collection
by that officer, within ninety days from
the date of issue thereof, designating such
as may be nulla bona and such as may
have been collected by distress or other
wise; and within thu same time to- pay
over to said\ Treasurer all penalties and
taxes collected by him; and it further pro-
vides that in case any Sheriff shall make
default in paying over within the time
aforesaid, any moneys collected on said
executions, it shall be the duty OF the
County Treasurer, and he is hereby re-
quired, Immediately to bring suit against
such defaulting Sheriff in any Court Of
competent Jurisdiction, in which suit such
sheriff shall be liable, totreble the amount
for which he has defaulted.
1t will he seen from the severity Of We
penalty attaching to q failure to comp
with the law in these particulars that the
Legislature regarded the same US quite
important.
But while this is so, We are sorry to have
to say that no regard has been paid there
to, as it is a fact that the executions issued
for the fiscal year Of 1906, were still in the
hands of the Sheriff when we examined
mis- Office, Notwithstanding more than +
teen months had expired since the date oI
their issue. 3D..
The Sheriff is required by law, just as
are the several Magistrates Of the County,
to make monthly reports in writing to the
Auditor and the Treasurer Of Ill moneys
collected by him on account of-fines and
penalties during the last month and to
promptly pay over to the County Treasu-
rer all moneys so collected. This he has
failed to do. ''.~. -.
In the act providing for the appointment
'of Magistrates and their Constables in this
County, it is stated that the Sheriff shall
serve all processes issued by the Magis-
trate at Abbeville Court House, and he
shall receive the same fees as are now or
may hereafter be allowed for such service.
At that time the Sheriff was paid entire
ly by fees, since then the law has been
changed and he is now paid a salary Of
Eleven Hundred Dollars, in lieu Of fees for
services rendered the County in criminal
matters.
His Interpretation of the law is that he
is entitled to the Eleven Hundred Dollars
and also to all the fees for serving pro-
cesses issued by the Magistrate at this
place which he was accumtomed to collect,
when he was paid nothing in the way Of q
salary.
In this liberal construction of the law We
understand he is sustained by some Of the
Circuit Judges.
This may be a proper construction OF the
law, but if so, We are at a loss to know for
what service he is paid the Eleven Hun
dred Dollars,
But while conceding that he. may be en-
titled to, costs and fees for serving papers
issued by the Magistrate at this place, we
do insist that he is not entitled to collect
costs and fees for serving processes issued
by other Magistrates of the County, which
1t appears he has been doing.
Section SO Of what is known as the Cary
Gotham Act, makes 1t the duty Of the Sher-
if and his, deputy to enforce the provis-
ions Of that Act.
This duty it seems to us, he should be
to perform, as O partial, return, at
least, for the Eleven Hundred Dollars
which the County pays him, even though
it were not made his special duty to do So;
but not so, as it appears that in a half
dozen cases wherein he arrested parties
for violating the law as laid down In that
act, and took them before Magistrates
Sanders and Stanton, respectively, who
fined said parties fifty dollars, and costs,
the latter amounting to seven or eight dol
lars in each case, the Sheriff collected and
retained the costs and only the fifty dol
lars fine was paid to the County.
Now we have no hesitanty in saying
that he was not entitled to these costs. to
which probably he would have been, had
these parties been arrested and taken be-
fore the Magistrate at this place.
II we are correct in this opinion, then he
Is due the County, on that account, some
forty-five dollars which he should be re-
ouired to pay over to. the County Treasu-
rer for the use Of the County.
There seems to be considerable COM
plant, which we are disposed to regard as
we'll founded, that the most of our County
officials absent themselves too frequently
from their offices.
The compensation Of these officers, espe-
cially those who are paid by salaries in
stead of by fees, has been largely increased
within the past few>years, and while the
duties required Of them are pretty exact
ing, and such as would require a large
portion Of their time II fully discharged,
still we think that In view of the liberal
salaries paid them, the public has a right