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AN ACT RELATING TO THE REVISION, DIGEST AND ARRANGE-
A. D. 1892.
20 Stat., 1054,
Whereas, this General Assembly has learned with regret, by his own report, that the Honorable John J. Maher, heretofore appointed Commissioner under the terms of an Act entitled "An Act to provide for the revision, digest and arrangement of the Statute Laws of the State of South Carolina," approved Decem- 20 Stat., 296. ber 23rd, 1889, is unable, on account of his ill health, to complete the work allotted to him under the terms of the said Act, and the Act amendatory thereof, approved December 23rd, 1891. And, whereas, it appears upon examination there is due to the Recital of Honorable John J. Maher for work done by him under the terms of the Act last mentioned the sum of one thousand dollars, such sum to cover the balance due by him to Thomas S. Moorman for annotation of the decisions of the Supreme Court of this State required by the terms of the said mentioned Act. And, whereas, it appears that there still remains in the Treasury a balance of of amount un$1,500 of the amonnt originally appropriated under and by the said Acts for the compensation of the said Commissioner, and also the sum of $167 of the amount originally appropriated for clerical assistance for the said Commissioner.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the said John J. Maher is, at his own request, relieved from any fur- Judge Maher ther connection with the said work.
for work done.
SEC. 2. That the sum of one thousand dollars be paid to the Appropriation said John J. Maher out of the amount heretofore appropriated for the work so done by him under the terms of the said Act of December 23rd, 1891, upon condition that the said John J. Condition. Maher do turn over to the Commissioner to be appointed under the terms of this Act all notes and annotations and work done by him under the provisions of the said Acts or either of them. SEC. 3. That the Governor of this State be, and he is hereby, authorized to appoint some fit and competent person to complete Governor to the work contemplated and provided for in the said Acts, includ- missioner. ing proper indices to all parts thereof.
SEC. 4. That the compensation to be paid to the said Com- Compensation. missioner shall be the sum of fifteen hundred dollars, and that
he be further allowed to expend the unexpended balance of one hundred and sixty-seven dollars above mentioned for such clerical Clerical assistassistance as he may find necessary, such expenditures to be
A. D. 1892.
accounted for to the Comptroller-General on proper vouchers : Provided, That the said Commissioner be appointed upon the Condition of condition that the said work shall be entirely completed and be submitted to the General Assembly at its next session in November, A. D. 1893, and that the amount hereby appropriated, to wit, the sum of fifteen hundred dollars, to be taken and received by him as full compensation for all of the said work.
SEC. 5. That the report of the said Commissioner be submitted to the next General Assembly in print, and that the printing thereof be done by the Public Printer.
Approved December 24th, A. D. 1892.
No. 48. AN ACT TO AMEND SUBDIVISION 4 OF SECTION 155 OF THE CODE OF CIVIL PROCEDURE, RELATING TO THE SERVICE of SUMMONS IN CIVIL ACTIONS.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That SubAmendment. division 4 of Section 155 of the Code of Civil Procedure of this State be, and the same is hereby, amended so as to read as follows:
Service of 4. In all other cases to the defendant personally, or to any person of discretion residing at the residence or employed at the place of business of said defendant.
Approved December 24th, A. D. 1892.
No. 49. AN ACT TO AMEND SECTION 186, 187 AND 188 OF CHAPTER XI, TITLE III, OF THE GENERAL STATUTES OF THIS STATE, RELATING TO THE ASSESSMENT AND TAXATION OF PROPERTY.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That Amendment. Section 186, 187 and 188 of the General Statutes of this State be, and the same are hereby, amended so as to read as follows:
A. D. 1892.
State Board of Assessors of
SECTION 186. The Treasurer of the State, Secretary of State, Comptroller-General and Attorney-General of the State, and the Chairman of the Board of Railroad Commissioners of this State, shall constitute a State Board of Assessors, a majority of whom shall constitute a quorum for the transaction of business, who railroad propershall meet at the office of the Comptroller-General on the second Wednesday of May annually, or as soon thereafter as the Comp-Time of meettroller-General shall notify said Board that the returns of the several railroad companies have been filed in his office, and shall determine and assess the value of the property of railroad com- Assessment. panies whose roads are wholly or partially in this State, returned to the Comptroller-General under the provisions of this Chapter, increasing the value of the road and property of such company or companies as shall have been in their judgment returned at too low a valuation, and diminishing the values of such as may have been returned at too high a valuation. They shall keep a record Record. of their proceedings, which shall be signed by all of the members present and deposited with and kept by the Comptroller-General; and a majority of the members present shall be competent to Decisions. decide all questions which may come before said Board.
Changes of valuations.
General to cer
SECTION 187. The Comptroller-General shall certify to the Comptroller County Auditor of each County in which any railroad or part tify to Auditors. thereof may be located the valuations of railroad property in said County as determined and assessed by the State Board of Assessors, with all additions made to or deductions from the valuation of the property of any railroad company in said County by the State Board of Assessors; and the County Auditor shall charge Auditors to the railroad company or companies in the several cities, towns, townships and incorporated villages of their County, for taxation, with the valuations determined and assessed by the State Board of Assessors.
case of no re
SECTION 188. If any railroad company or its officers shall fail Proceedings in to make the returns to the Comptroller and to each County Audi- turn. tor in each County in which such railroad or part thereof may be located, as herein required, on or before twentieth day of February annually, the State Board of Assessors shall proceed to ascertain the value of said companies' road and property, according to the principles prescribed herein, from the best information they can conveniently obtain, and add thereto fifty per centum as Penalty. penalty, and apportion the same to the several Counties, towns, townships, cities and incorporated villages through or into which said road or any part thereof may be located, and the Comptrol
A. D. 1892,
Auditors to be
ler-General shall certify the same to the several County Auditors, who shall place the same on their duplicates for taxation.
Approved December 24th, A. D. 1892.
AN ACT TO REPEAL SECTION 271 OF THE GENERAL STATUTES
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That Section repeal- Section two hundred and seventy-one (271) of the General Statutes of the State of South Carolina be, and the same is hereby, repealed.
Approved December 19th, A. D. 1892.
AN ACT TO AMEND SECTION 996 OF THE GENERAL STATUTES
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That Gen. Stat., Section 996 of the General Statutes of the State be, and the same is hereby, amended by striking out subdivision 5th thereof and inserting in lieu thereof the following:
§ 996, amended.
Subd. 5 as amended.
5th. To prescribe and to enforce, as far as practicable, the use Text books to of a uniform series of text books in the free public schools of the be prescribed. State, except in the city of Charleston and special school districts established by special Act of of the Legislature; to enter into an Contract with agreement with the publishers of the books prescribed, fixing the time of prescription and the price above which the books shall not be retailed during the period of prescription, and a rate of dis
A. D. 1892.
Bond of publishers.
Form, &c., of bonds.
count at not less than that which the books shall be furnished to the retail dealers in this State; to require the publishers, in the discretion of the Board, to establish one or more depositories of Depositories. their books within the State at such place or places as the Board may designate, and where such books may be obtained without delay; and to exact of the publishers a bond in the sum of not more than five thousand dollars conditioned for the faithful performance of the agreement, and with a penalty of twenty-five Penalty. dollars for each violation of the agreement, the form and execution of the bond to be approved by the Attorney-General of the State, which agreement and bond shall be deposited with the State Treasurer, all recoveries thereon to go into the State Treasury for school purposes: Provided, That the State Board of Examiners shall not have power, without permission of the General Assembly of the State, to change a text book within five (5) Proviso as to years from the date of its adoption, except for violation of the agreement entered into by its publisher with the State Board of Examiners, for which cause it may be changed by the said Board and the publisher be liable to forfeit the sum of twenty-five dol- Forfeit. lars for each violation, which amount shall be recoverable from the publisher on his bond.
Approved December 15th, A. D. 1892.
AN ACT TO AMEND SECTION 1002 OF THE GENERAL STATUTES No. 52.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That Section 1002 of the General Statutes of the State, relating to the apportionment of the free public school fund, be, and the same is hereby, amended by striking the word "average" after the words in proportion to the" in the third line of said Section, so as to make said Section conform to the provisions of the Constitution of the State. So that said Section, when amended, shall read as follows:
SECTION 1002. He shall annually, on the first day of February, or as soon as practicable thereafter, apportion the income of
§ 1002 amended.
Section as amended.