The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-07-06
TIE LAW NACHI3ERI
Lots OF Acts Eare Passed, but Law
Egforcers Are Kept in Ignorance,
As No Copies Are Available.

/ Columbia. July There has been
! considerable delay in the publication
of the acts passed at the last legisla-
tu-e, but | understand the body OF
them has been printed and that work
is now beng done upon the index. |
hope they can be distributed by ea"ly
fall" says Attorney General Peel 5
in the course of an opinion which lie
rendered to a Newberry magistrate,
citing a law passed by the last gen
eral assembly.
!. Four months have elapsed since the
legislature adjourned and the COM
plant at the delay of the code COM
missioner is general throughout the
state. 1t is absolutely necessary for
those charged with the disbursement
of funds. particularly, TO have copies
OF the acts under which they are
working constantly before hem.
Judges and magistrates and all those
charged with the enforcement of the
law need the acts The only way TO
get the copy of an act desired, until
they are published, is either to call
in person at the secretary Of states
Office and look at the original, or Sc
cure a certified copy from the secre-
tary Of state. If the delay should De
much greater, the laws providing for
the raising of revenue and the dis
bursement OF funds will have expired
before the acts are published.
The legislature of 1916 changed the
method of enrolling acts by providing
, that they should be typewriter IN
duplicate, in order that a carbon cofy
might be furnished the code commits
, sioner in the interest of speedy pub
lication. The desired result, however,
has not been accomplished. 1t has
been suggested that the Office OF code
commissioner should be combined with
! that of supreme court reporter so That
the court might correct any unneces-
sary delay.
! The attorney generals opinion IN
which the delay in the publication OF
the acts is called attention to, states
the law in reference to using an au-
tomobile without the consent of the
/, oner. It is as follows:
Mr.. Charles w Douglas, Magistrate,
| Newberry, S. c.
Dear Sir: Answering your letter
of the 25th inst. I beg to advise that
at the last session of the Legislature
an act was passed and approved or
February 27, 1917, amending Sector
22S of the Criminal Code with refer
ence to using a horse without the
consent of the owner so as to include
anv motor vehicle, bicycle or Other
vehicle along with horses in the, pro
visions OF the act Such use is pun
ishable by fine of not more than sol
or by Imprisonment for not more
than six months or both fine and i'm
pr;sonment in the discretion OF tht
! court.
This act took effect 20 days aftel
it's approval; that is, on the 10Th daj
] OF last March, and if it has been VIC
| lated since that time you should bine
over the party charged with it's viola
! ton to the court of general sessions
if you find upon Investigation that
prima facie case has been made
out against him. 1t is beyond your
jurisdiction as magistrate to try the
case on it's merits and impose punish
ment.
There has been considerable de-
lay in the publication of the statutes
passed at the last legislature, but
understand the body of the work has
been printed and that work is no"
being done upon the index. 1 hope
they can be distributed by early fall.
'syours very truly,
THOMAS H. PEOPLES,