The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-10-21
his hands, Oil account OF hhes and costs

had endeavOred several times to 40 SO,
but could fine no one in the Treasurer's Of.
flee to pay it to; in this we have no doubt
he is correct.
This money we understand he has paid
to the present Treasurer since the above
was written)
We discovered, upon al examination OF
the docket OF Magistrate Stanton, that ne
is due the County tifty-six dollars.
When his attention was called to this
J matter he seemed to be greatly surprised
and insisted hat he owed the County
nothing; but after going over his docket
with us and summing up all Of his collec-
lions in the way of fines and costs, and
taking therefrom what his receipts for
moneys paid the County Treasurer called
for, there appeared this balance OF tifty-six
dollars, which, Of course, he will have to
pay over.
Magistrate Hollingsworth evidently mis-
concelves his duty respecting tax warrants
that are turned over to him by the County
| Treasurer against parties who V falled
to pay their poll AK. The law makes 1t a
misdemeanor for any one, liable to q poll
tax, not to pay 1t.
Instead OF docketing such cases, just as
he does other cases Of mfsdemeanor, ana
entering the amount of the fines which he
is authorized to impose, in case OF conVlc-
ton, collect the same and pay 1t over
/ promptly TO the County Treasurer, as he
| IS required to do, he turns the whole bust
| ness over to the Sheriff who proceeds
| against the party, COLLECTS from him four
dollars and seventy-tive cents to six dol
lars, varying according to the distance
/ the party lives from the court house)
! which sum is largely made up, OF costs
and the portion which is intended for the
| County, is never paid to the County Treas
| urer until the Sheriff has a settlement with
that officer, on account OF tax executions
/ which have been placed in his hands for
| collection, which is usually from twelve 10
| fifteen months thereafter.
The Sheriff, as sheriff, should have moth
| ing to do with such warrants.
! The law makes it his duty to serve all
| processes issued by the Magistrate at Alb
beville G.. H., and when serving tax war
rants he is not acting in the capacity Oh
| Sheriff, but as Constable for the Magistrate
| at this place, and he should proceed just
as he would do in the case Of a person
lcharged with an assault and battery, for
instance, arrest the party, take him before
| the Magistrate and he should impose the
fine, collect it and turn it over to the
treasurer, as he does in other cases Oh
misdemeanor.
MAGISTRATES CONSTABLES.
We have to report that not one OF those
now acting as constable in this County mas
qualified as the new law directs.
| Sec. 1O47 OF the Revised Statutes pro
vides that when any person shall be elect
ed or appointed to the office OF CONSTANCE
he shall file with the clerk OF Court the
evidence of his appointment or election,
and shall enter into a bond in the sum oi
Five Hundred Dollars, with not less than
two nor more than five good sureties, TO
be approved by said Clerk; and upon TAX
ling the several oaths prescribed by Sta
tute, he shall be given a certificate by tne
Clerk that he has filed his bond and taken
the required oaths, and he shall thence
forth be regarded as a regular qualneo
Constable. Nor shall any person not sc
qualified exercise the powers OF a Consta-
bic.
The Clerk informed us that not one Oh
those acting as Constable in this COUNT
had ~camplied with the law in the ABOVE
mentioned particulars, so that any arrests
made or acts done by any one OF these so
called Constables, unless specially p
tized to act in such case, has been unlaw-
fully done.
But we are disposed to regard with leni-
ency the failure on the part OF those VINO
have been appointed to these positions 10
comply with the law, as we do not believe
that such failures is attributable to any
disposition to disregard the law, put
rather to their ignorance Of what the law
requires.
But we do think, however, that the sew
Ieral Magistrates when they appoint their
Iconstables should see to it that sucn ap-
pointee qualities for the discharge OF MS
duties as the law directs; for we presume
that these Magistrates know the law bear
ling upon the subject, Notwithstanding 1t
has been said by a distinguished Judge
that it is a violent presumption to presume
that the average Magistrate knows any
law.
OFEICE GF CLERK OF COURT.
The records and official papers in this
office are not in q very satisfactory condi-
ton, owing largely to the fact no suitable
place could be had for keeping them pend
ing the erection of the new Court House.
In the matter Of the collection and dis
position of fines imposed by the Court, IL
cense fees, etc., it appears that ne has
complied with the spirit Of the law, II not
with the strict letter thereof, especially IN
having over to the County Treasurer all
such fines and licenses.
He Is required by law just as the several
MAGISTRATES are. to make a written report
TO the Auditor and Treasurer, on the first
Wednesday Of each month, or within ten
DAYS thereafter, of all moneys collected by
him, to which the County is entitled, dur
ing the past month, and to pay over to the
County Treasurer promptly, all such
money.
While as before stated, he has paid to
the Auditor and Treasurer all such money
Il IL L. L.. lo han not pnadQ the