The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-06-09

| cohstaole lie snail repair to the
clerks office and qualify himself as
prescribed by the statute.
"Thc appointment Of the deceased
IS under section 38 Of the dispensary
law, and is as follows: 1T shall be
the duty Of the sheriffs and their de-
putles, magistrates, and so on, to ell
force the provisions Of The dispcn-
sary law
cit having been shown above that
the execution of Il search warrant
not being function Of the dispen-
sary law, but originating from the
magistrate who issues the warrant, IT,
only remains to determine the mode
OF appointing the officer to execute
the same. My conclusion, therefore,
IS that the general law cited in the
statute prcscribcs two modes: First,
when constable has been appointed
or elected to the Office Of constable
I" the court whose process he is to
execute; and, second, by special APP
polntmcnt in writing under the sta
tutc for a particular occasion bv a
presiding judge, Il trial justice (now
maglstratc) or Il coloncr Those are
tw" modes by which a constable is
appointed. Now the question comes
up, IS Il 'llSpcnsary constable, appoint
cot under section :}S cf the dspcnsarv
act. t" 1ualifv under such commits.
sion, to take the place of this sta
fu'"ry proceeding? | think not. |
ct" not think the act itself contcn,~
plated it. that conStablcs should be
appointed bv the executive Of TIE
State to execute Il magistrates war;
rant.
'Illrrr were two modes of dctcr~
INNING who should be constable: one
was the magistrate could appoint hin,
and have him qualify and the other
was that the vicinagr. the citizens,
could eject him and have him qualify,
ard ia" ether was that the ;',nsistratc
i>~hu'" the process could ;~,ur the
appointment in writing specifying
the person to execute the warrant for
a particular purpose and on the par
tlrnlar occasion specified.
'My conclusion is the appointment
shown here does not come up to the
requirement of the general law. That
is one reason for my conclusion, and
tn" second is on the bond itself. Even
c"nrrding that the commission of the
governor would authorize and quality
the dispcnsn,y constable to be ii con-
stable under contemplation of the
general statutes. has he complied with
that requirement. as shown here by
the Statutc?'
(Src. l0l7 quoted abovc.)
''Nnw what does the proof show
with reference to the qualification? ?
The commissions before us Of Gov.
Anscl are in these words:
- llavin" appointed }. E.. Far
mrr as Il constable for Richland cnun-
tH under the lispcnSary law on Jan.
:. l9oS, and havin" limited his term
|" 80 days from said date. do now
and hereby rrapp"int him as const-
able for Rirhland county for the term
"f 30 days from this date under the
same conditions as my former ap-
pointmcn;
~ need not read the former APP
pointmcnts, they were in succession.
"\ow, the condition of The bond
that he executed is in these words:
Now, the condition Of the above
obligation is such, that if the above
bound j. p. Farmer shall well and
truly perform the duties Of said office
as now OF hereafter required by law,
during the whole period lie may con-
tinue in said Office, then the above OBJ
legation to be void and of none effect,
or else to remain in full force and
virtue
"Thc condition Of the bond, there
fore, executed under the first ap-
pointment, is for faithful perfor-
nance of the duties Of such office dur
ing the whole period he may continue
in Office. My conclusion is that this
condition only applies to tho term of
office under the appointment and
commission existing at the time Of
execution of such bond and does not
cover a period subsequent to such ap.
pointment, or term of service un-
der Il new and different appointment.
In other words, when Il new appoint
mcnt was made it was necessary to
4,