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may take such bond and security from his deputy as he shall deem necessary to secure the faithful discharge of the duties of his appointment; and the principal shall, in all cases, be answerable for the neglect of duty or misconduct in office of his deputy.

Coroner not to act as Jailer,

&c.

SEC. 8. No Coroner shall act as Jailer, Deputy Sheriff, or under any appointment by a Sheriff; and if any Coroner shall accept, or Deputy Sheriff, shall act under the appointment of the Sheriff of his County, hist office shall be vacated, and the same shall be filled in the manner provided by law in case of vacancy from any other cause.

SEC. 9. The Coroner shall keep an office at the court house in his County, which shall have proper fixtures, and in which shall be kept his book of inquisitions, which book shall be public property, and shall be turned over to his successor in office.

SEC. 10. Any Trial Justice of the County is authorized and required to exercise all the powers, and discharge all the duties of the Coroner in holding inquests over the body of deceased persons, and taking all proper proceedings therein, in all cases when the Coroner of the County be sick or absent, or at a greater distance than fifteen miles from the place for such inquiry, or when the office is vacant.

1839, XI, 71, 7.

To keep an office at court

house. To keep tion in his office.

Bock of Inquisi

Ib., 78, 238.

Trial Justice

to act as Coroner; in what ca

ses

Ib., 33, 29.

inquests

To view body of person dying

tesnake.
1766, 11, 275, 10.

Coroner to act sex in which the

as Sheriff in ca

SEC. 11. Every Coroner, within the County for which he has Cooner to take been elected or appointed, is empowered to take inquests of casual Ib., 72, §. or violent deaths, where the dead body is lying within his County. SEC. 12. That if any person shall be bitten by a rattlesnake, and shall die suddenly and immediately of such bite, such death byte of a ratshall be deemed a violent and untimely death, and the Coroner shall have a view of such body, and make enquiry thereon as of any other body that came to any other violent or casual death. SEC. 13. If the Sheriff shall be a party plaintiff or defendant, in any judicial process, execution, warrant, summons or notice to be served or executed, within his County, the Coroner shall serve or execute such process, execution, warrant, summons or notice; in the discharge of which duties he shall incur such liabilities 1 Speer, 168. as would, by law, attach to their performance by the Sheriff himself. SEC. 14. That in the event that a vacancy shall occur in the office of Coroner in any County of the State, whether by death, be filled by the resignation or otherwise, the Governor shall, by proclamation, designate some Trial Justice of the County wherein the vacancy occurs, to act as Coroner until, by order of the Legislature, an election shall be had to fill the vacancy.

Sheriff is inter

sted.

841

1839, XI, 78,

in

Vacancy office of Coroner

Governor, tem1733; 1870,

porari y.

XIV, 324, 1.

Coroner to erter in a suitable his proceedings as Ste

SEC. 15. The Coroner, while discharging the office of Sheriff, shall provide a suitable book, in which he shall enter such exe- ho k cutions or other papers as he may be directed to enter by competent riff. authority; and also all new writs, processes, executions or other 1859, XI, 79, ¿43.

Book to bleft

in Sheriff's office papers, proper to be entered by a Sheriff; and also all his proceedings as Sheriff, in manuer and form Sheriffs are required by law to do; which book, or a certified copy thereof, he shall leave in the Sheriff's office, as a record.

Not bound to

act. except spe

&c.

SEC. 16. The Coroner shall not be bound to act upon any papers cally instructed, in the Sheriff's office, except he be specially instructed; nor shall he be bound to embrace, in his return to the Clerk's office, any execution found in the Sheriff's office which is not entered in his book, or upon which he may not have taken any proceedings.

Lo., ¿ 44.

To

make

a

list of prisoners

on duties of She

SEC. 17. As soon as the Coroner shall enter upon the duties of when entering Sheriff, he shall, in the presence of the Clerk of the Court, or Jailer of the County, if there be one, make a list of the prisoners in the jail, signed by himself and the Jailer, entered in the Coroner's book, and the original lodged in the Clerk's office.

r ff.

Ib., 45.

To turn over papers, &c., to

ritf.

SEC. 18. Upon retiring from the Sheriff's office, he shall turn succeeding She- over the papers of the office, and the prisoners in jail, to the sueceeding Sheriff, in manner and form as Sheriff's may be required to execute the same duty.

Ib., ¿ 46.

Book of Irquisitions,

Ab., 77 31.

Inquisitions,

&c, to be return

ed to Clerk.

10., & 32.

Endorsement

on return.

SEC. 19. Every Coroner shall keep a book, to be called "The Coroner's Book of Inquisition," into which he shall copy all inquests found within his County, together with the evidence taken before the jury, and all proceedings had before or after their finding.

SEC. 20. The original inquisition and evidence, as taken by him, shall be returned by the Coroner, within ten days next after the finding thereof, to the Clerk of the Court of General Sessions for the County in which it was found.

SEC. 21. The Coroner, before he returns such inquisition and evidence, shall endorse the same in this form :

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Fees

allowed to Coron r.

24.

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Coroner for said County, entered and recorded in Coroner's Book of
Inquisitions, page this

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A. D. SEC. 22. The Coroner shall be entitled to the following fees: For 1870, XIV, 399, every inquisition, ten dollars; for mileage going and returning, per mile, five cents; for each warrant issued, fifty cents; for each commitment, fifty cents; for each recognizance, seventy-five cents; for each body disinterred, three dollars; for recording proceedings in each inquisition in his book, per copy sheet of one hundred words, fifteen cents; for performing the duties of Sheriff, the same fees as are allowed Sheriffs for like services.

CHAPTER XXII.

OF THE CLERK OF COURT OF COMMON PLEAS AND GENERAL

SEC.

SESSIONS.

1. Clerks of Sessions and Common Pleas; Deputy Clerks.

2. Special oaths to be taken; commission to be read in Court and

en ered in Journal.

3. Deputy's oath of office. 4. Certificates of appointment of Deputy Clerk.

5. Clerks to give bond before receiving commission; of sureties; amount of bond.

6. Office cays and hours; duties, &c. 7 Cler cal regulations of office; cases for papers; seal; record books. have charge of conrt house; penalty for keeping open at night.

8. Clerk to

9. To file original paper of records, & Fring of original papers in the ressions; endorsement of

other papers, and manner of filing. Labes; endorsements to be made upon the record; on bills of indictment; on Sessions papers; on executions. Original papers in dower-how filed 10. Books to

be used by clerks: 1. Court of Common Pleas Journal; 2. Court of General Sessions Journal; 3. Indexes to Journals of common Pleas and General Sessions; 4. Rules; 5. Dockets; entries in, made by Clerk; es sions Docket-ro contain what; Contingent Docket, to contain what; 6. Abstract of Judgments; What contains; 7. sessions Index; 8. Pleadings and Judgments; 9 Confessions of Judgment before Clerk; 10. Fines and Forfeitures; Trial stices' and Constables' Roll; 12. Estrays; 13. Book of Orders appointing Judgment laneous Index; names of aliens who have taken steps toward naTuralization persons conceni g whom Proceedings de lunatico inquirendo may be instituted, aliens naturalized, and certifi cates, &c., concerning co.pora

Receivers

of Debtors; 14. Miscel

tions, &e., to be entered in.

11, Size of books required to be kept

by Clerks.

12 To read inutes to Judge before

#djournment daily.
records not to be re-

13. Books and

moved from Clerk's office; pleadings may be inspected by parties, attorneys, during pen

or their

dency of suit.

14. Abstract

decrees

SEC.

Of lost judgments and to be kept by Clerks where public records were lost or

dest oyed.

20

15. C'e kay administer oaths. &c., Sign orders of reference-when; take renunciations of dower and inheritance.

16. Act as attorneys. &c.

17. Not to act as Sheriff or Deputy

Sheriff.

18. To enforce jury laws.

19. Tomke roll of Jurors and Con

stables, showing

amount due

each, &c.; copy to be turnished

County

nish

Commissioners; to furcertificates to Jurors and

Constables; form of certificate; certificates to be signed by the Judge, or Sheriff in his absence. To adjourn Court in the absence of the Judge.

21. To issu executions, bench warrants, and all other processes; to sign all judgments officially.

22 To judge of sufficiency of security for costs when ordered to be given; directions as to undertaking.

23. To grant writs of dedimus potestatem for what purposes.

24. Satisfaction of judgments

and

mortgages to be entered of record.

25. To advertise for election of certain officers, &c.; liable to indictment for willful neglect

26. To act as Judge of Probate when the office is vacant.

27. To act as Sheriff when that office is vacant.

28. Renewal or satisfaction of executions to be appropriately entered in abstract book.

of office to Trial Jus ices; to transmit list of those who have qualified to Secrtary of State

29. To administer oath

30. Oaths, bonds and sureties of Constabies. Clerk 0 furnish Constables certificates or qualification. 31. Clerks to render accounts under oath.

32. Accounts to be examined by Judge, and approved by County Commissioners.

23 Official certificates to be furnished certain officers by Clerk. 34. To farnish certificates of liens on property of persons offered as surety on bonds of public officers. 5. To keep weights and measures; same to be purchased by Gov

ernor.

36. Clerk to render annual accounts to County Commissioners; penalty for neglect.

37. Responsible for furniture and papers in his office; penalty for not to his successor; Transferring liable for damases to same. 38. Fines. &c., to be turned over forthwith; to pay over annually taxes received from plays and shows. 39 Penalty for not paying over funds. 40. Penalty for not paying over fines and forfeitures. Penalty for not giving notice to County Commissioners.

41. To account for moneys at each session.

42. Bill of costs to be attached to exeentions.

43. Fees allowed to Clerks. 44. Liability for overcharges; how recovered.

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173

Clerks of Sas. sions and Common Pleas Deputy Clerk. 1868, XIV, 10, 717; 1870. XIV;

SECTION 1. The Clerk elected in each County, under the provisions of Section 27 of Article IV of the Constitution, shall be Clerk of the Courts of General Sessions and Common Pleas, and may 332,222, 3; appoint a Deputy, to be approved by the Court of Common Pleas, Code of Proce- a record of whose appointment shall be made in the Clerk's office; and in case no Clerk exists, the Judge shall have authority to appoint a person, who shall perform the duties of Clerk, and be required to give the usual bond before entering upon the duties of the office.

dure, 2 33.

Special

to be tiken.

oaths

1816, VI, 27, 23; 1839, XI, 99, 22.

SEC. 2. Every Clerk aforesaid, before entering on the duties of his office, in addition to the oath prescribed by the Constitution for persons chosen or appointed to any office of profit or trust, shall take the following: "I, A. B, do further swear (or affirm) that I am under no promise, in honor or law, to share the profits of the office to which I have been elected, (or appointed, as the case may be,) and I will not, directly or indirectly, sell or dispose of said office, or the profits thereof, but will resign or continue to discharge the duties thereof during the period fixed by law, if I so long live: So help me God;" which said oaths shall be endorsed upon the commission, subscribed by the officer, and attested by two Trial Justices of the County for which the said Clerk shall have been elected or appointed; and at the opening of the first term of the Court which may be held thereafter, the said Clerk shall produce his commission, Commission to with the endorsements aforesaid, and after the same has been published, by being read in open Court, shall make a fair entry thereof in the Journals of the Court.

be read in Court and entered on journal.

Deputy's oath

of office

1870, XIV, 332,

ૐ ૐ.

Certificates of Appentment of Deputy Cork.

1b., § 2.

Clerks to give

ceiving com'nission.

Of suret es.

SEC. 3. That every such Deputy shall, previous to entering on the duties of his appointment, take the oath or affirmation prescribed by the Constitution of the State; and, when so qualified, the Deputy may do and perform any and all of the duties appertaining to the office of his principal.

SEC. 4. That the appointment of every such Deputy shall be evidenced by a certificate thereof, signed by his principal, and shall continue during the pleasure of the principal; and every principal may take such bond and security from his Deputy as he shall deem necessary to secure the faithful discharge of the duties of his appointment, and the principal shall, in all cases, be answerable for the neglect of duty or misconduct in office of his Deputy.

SEC. 5. That the Clerks of the Courts of Common Pleas and bond before re- General Sessions of the Counties in this State, before receiving their commissions, shall enter into bond, to be executed by them, and any Isus, XIV, 19, number of sureties, not exceeding twelve nor less than two, to be approved by a majority of the Board of County Commissioners, that is to say: The Clerk of the Court of Common Pleas and General

21.

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Sessions for Charleston County, twenty thousand dollars; the Clerk of the Court of Common Pleas and General Sessions for each of the other Counties, ten thousand dollars.

SEC. 6. That every Clerk shall give constant attendance, either by person or by deputy, in his office, (Sundays, Christmas Day, and Anniversary of American Independence excepted,) to be kept in a room to be provided for that purpose, in the court house, and shall discharge all the duties required by law, or the rules of Court, from time to time, or that may be incident to the office; make a full, fair and correct entry and record of the proceedings of the Courts, and other matters pertaining to his office, in the various books required to be kept, conforming to the mode prescribed by law, order of the Court, or usage of the office; file, in their proper order, all original papers, in causes instituted, or other authorized proceedings, and preserve with care all papers, books and furniture pertaining to, or connected with, his office.

SEC. 7. The office of every Clerk shall be furnished with suitable cases, with proper partitions for filing papers, under appropriate labels, well secured from dust by means of shutters filled with glass, to slide on rollers, with labels painted on the outside, indicating the kind of records; and on the case, inside, label the number roll (or, if in session, the term) of the papers contained within each partition; the lower part of which cases shall be divided into convenient apartments for the books of the office, with doors secured with proper fastenings, with labels painted outside indicating the particu lar descriptions of records contained in each division, that is to say: "Journals," "Dockets," "Records After Judgment," "Miscellaneous Records" and "Register's Department." Each office shall be furnished with a seal of office, with the proper device, a screw, and such blank books for the various records as may be needed, from time to time, to be procured by the Clerk, the expenses thereof to be defrayed by the County Commissioners.

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Clerk to have, charge of court house. Penalty for

SEC. 8. Every Clerk shall have charge of the court house within his County; open the same, when required for public use, and at all other times keep it closed; and for every night any court house keeping open at shall be kept open, the Clerk shall be liable to a penalty of five dollars, for the use of the County, to be recovered by indict

ment.

night.

Ib., 101, 6

To file original papers of record,

Ib., 2 7.

SEC. 9. The original papers of record in each cause wherein judgment may be signed or confessed, or decree may be entered, e shall be filed, according to the number of enrollment, in the book of abstracts of judgments, or of decrees, placing all the papers in each cause together. Original papers in the sessions shall be filed according to the term at which they were disposed of, alphabetically the Sessions.

Filing of original papers in

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