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A. D. 1892.

who shall reside at the principal place of business of the said corporation, and who shall before entering upon the duties of his office take the oaths prescribed in Section 865 of the General Jurisdiction. Statutes of this State. The Constable so appointed shall have

Oath.

jurisdiction in the Counties of Chester and Lancaster to the limit of five miles in each and every direction from the main factory building of the said corporation, and shall have all the powers and duties prescribed in Section 872 of the General Statutes aforeDuty on arrest. said. In any arrest made by the said Constable, he shall carry the party or parties so arrested before the nearest Trial Justice in and for the County in which such arrest is made.

Public Act. When to take effect.

SEC. 13. This Act shall be deemed and taken as a public Act, and shall go into effect from and immediately upon the date of its approval.

Approved December 24th, A. D. 1892.

No. 90. AN ACT TO AMEND THE EIGHTH SECTION OF AN ACT ENTITLED "AN ACT TO PROVIDE A MORE EFFICIENT SYSTEM OF WORKING THE PUBLIC ROADS IN LAURENS, ANDERSON, EDGEFIELD, LEXINGTON, MARLBORO, RICHLAND, ABBEVILLE AND NEWBERRY COUNTIES," APPROVED DECEMBER 22ND, 1888, SO FAR AS THE SAME RELATES TO ABBEVILLE COUNTY, BY ENABLING HANDS LIABLE TO WORK ON PUBLIC ROADS IN SAID COUNTY TO COMPOUND FOR THEIR WORK BY PAYING TWO DOLLARS EACH PER ANNUM, AND TO EXTEND THE PROVISIONS OF SAID ACT TO MARION COUNTY.

20 Stat., 93, amended.

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

A. A. 1888, eighth Section of an Act entitled "An Act to provide a more efficient system of working the public roads in Laurens, Anderson, Edgefield, Lexington, Marlboro, Richland, Abbeville and Newberry Counties" be amended in the third line thereof by inserting at the end of said line after the word "Edgefield" the word "and," and by striking out in the fourth line thereof the words" and Abbeville," and by inserting in the fifth line thereof after the words "per annum the words "except in the County

of Abbeville, where it shall be two dollars per annum." So that said Section when amended shall read as follows:

A. D. 1892.

for work.

Returns by Overseer.

SECTION 8. Any hand in said Counties may compound for his Compounding work by paying to the overseers, and taking his receipt in writing therefor, the sum of six dollars, except in Edgefield and Richland Counties, where it shall be five dollars per annum, and except in the County of Abbeville, where it shall be two dollars per annum, and all sums so received shall be returned by such overseer to the County Commissioners at their next meeting thereafter with a list of the persons paying the same: Provided, That in the County of Abbeville the lists of such persons shall be so returned, but the sums of money so received shall be expended Expenditure by the overseers in repairing the sections of roads which the persons so compounding would otherwise be required to work.

in Abbeville.

Act extended to Marion Coun

SEC. 2. That all the provisions of said Act and of this Act be, and they are hereby, extended to and made of force in the County ty. of Marion as in the case of the County of Abbeville. Approved December 24th, A. D. 1892.

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF
MARLBORO, AIKEN, CHESTERFIELD, ABBEVILLE, MARION,
CLARENDON, LAURENS, OCONEE AND HORRY COUNTIES TO
USE ANY FUNDS OF THEIR RESPECTIVE COUNTIES FROM
SPECIAL OR ORDINARY TAX LEFT IN THE TREASURY TO
PAYING ANY OUTSTANDING CLAIMS AGAINST THEIR RE-
SPECTIVE COUNTIES, AND TO EXPEND THE SURPLUS OF ANY
FISCAL YEAR TO THE EXPENSES OF THE SUCCEEDING YEAR.

No. 91.

funds.

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 County Commissioners of Marlboro, Aiken, Chesterfield, Abbe-Use of surplus ville, Marion, Clarendon, Laurens, Occnee and Horry Counties be, and they are hereby, authorized to use any funds of their respective Counties left in the hands of the Treasurer from special or ordinary tax for the payment of any outstanding claims against their respective Counties, and to expend the surplus funds of any one fiscal year to the expenses of the succeeding fiscal year.

A. D. 1892,

SEC. 2. That all Acts and parts of Acts inconsistent with this Act be, and are hereby, repealed.

Approved December 15th, A. D. 1892.

No. 92. AN ACT TO AMEND SUNDRY PORTIONS OF AN ACT ENTITLED "AN ACT TO INCORPORATE THE CITY OF AIKEN."

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 SecA. A. 1889, tion 12 of said Act to incorporate the city of Aiken be, and the amended. same is hereby, repealed and stricken out, and in place thereof the following shall be inserted. So that said Section shall read as follows:

20 Stat., 438,

Returns for taxation.

SECTION 12, ARTICLE 1. Returns shall be made on oath to the Clerk of the City Council annually of all real estate and personal property subject to taxation under the provisions of this Act, by the persons who may be liable to pay the taxes on the same, and Penalty for any property not so returned shall be assessed by the Clerk and a penalty of 50 per cent. added. The said taxes shall be payWhen payable. able on or before the first day of March then next ensuing.

failure.

Clerk to issue executions.

cution.

ARTICLE 2. That hereafter, immediately upon the expiration of the time allowed by law for the payment of taxes in any year, the Clerk of the City Council of the city of Aiken shall, and he Levy of exe- is hereby authorized and directed to, issue in the name of the city of Aiken a warrant or execution in duplicate against each defaulting taxpayer in said city, signed by him in his official capacity, directed to the Chief of Police of the city of Aiken, requiring and commanding him to levy the same by distress and sale of so much of the defaulting taxpayer's estate, real or personal, or both, as may be sufficient to satisfy the taxes of such defaulting taxpayer, specifying therein the aggregate amount of all his taxes, as well as the amount of each fund, which warrant or execution shall run substantially as follows, (filling the blanks to suit each case,) viz.:

Form.

Clerk of the City Council of the city of Aiken to Chief of Police of said city: Whereas has been duly assessed the sum of ...... dollars for defraying the expenses of the said city of Aiken for the fiscal year beginning the .... day of

.....

18...., as follows, to wit: For defraying the expenses of the city,
$....; for special, .... ; for special, .... ; which
; which ....... has
neglected to pay. These are, therefore, in the name of said city,
strictly to charge and command you to levy by distress and sale
of the personal property, and if sufficient personal property can-
not be found, then by distress and sale of the land of said ...
the sum of ...... dollars, together with ...... dollars,
the charges hereof; and for so doing this shall be your sufficient
warrant.

......

....

......

Given under my hand and official seal, the day of... A. D. 18....

Clerk of the City Council of the City of Aiken.

[L. S.] And after issuing such execution or warrant in duplicate as above stated such Clerk of the City Council of the city of Aiken shall be entitled to charge against such defaulter the sum of fifty (50) cents.

ARTICLE 3. The Chief of Police to whom such warrant shall be directed shall take from such defaulter the following fees and no other in the execution of his office: For serving each warrant, fifty (50) cents; for advertising, fifty (50) cents.

A. D. 1892.

Fee to Clerk.

Fees to Chief

of Police.

veyance.

Application of proceeds.

ARTICLE 4. That after due advertisement of the same by Advertisement. written notices placed in three conspicuous places within the city of Aiken, in a newspaper published in the city of Aiken, for twenty-one days, the Clerk of the City Council of the city of Aiken, or, in case of his death or disability, the Mayor of said city, shall sell and convey the property so seized, or so much Sale and conthereof as may be necessary to pay the taxes, costs and penalties so due, for cash, at public auction, in front of the Council Chamber or the Aiken County Court House in said city of Aiken, and apply the proceeds of such sale to the payment of such taxes, costs and penalties, and turn over the surplus, if any there be, to the owner of the property so seized and sold. And in case there be no bid equal in amount to the taxes, costs and penalties named in said warrant or execution, the said Clerk of the City Council of said city shall buy the property for the City Council Purchase by of Aiken as the actual purchasers thereof, and shall put said City Council of Aiken or its authorized agent in possession of the premises. The property so sold and purchased and delivered to said City Delivery of Council of Aiken shall be treated by said City Council as assets of the city of Aiken in their charge, and be sold at such times and in such manner as by them shall be deemed most advantage

city.

property.

A. D. 1892.

Limitation of

action.

Purchaser to be put into possession.

ous to said city of Aiken. No action for the recovery of said property sold by the Clerk of the City Council of the city of Aiken shall be maintained unless brought within two years from the date of said sale.

And the said Clerk of the City Council of the city of Aiken is hereby authorized, empowered and directed to put the purchaser or purchasers of such property so sold into possession thereof. That for making the sale and executing the deed of conveyance herein directed, the said Clerk of the City Council of said city, or in case of his death or disability the Mayor of said city, shall Fees to Clerk. take from the proceeds arising from said sale the sum of one dollar and fifty cents, exclusive of the cost of advertising when done by a newspaper.

Procedure.

ARTICLE 5. The manner and time of seizing, levying, advertising and selling, making the conveyance, and putting the purchaser or purchasers into possession of the property sold and conveyed under this Act, unless herein otherwise provided, shall, as nearly as may be, conform in all respects to the provisions of 19 Stat., 863. Section 2 of an Act entitled "An Act in relation to forfeited lands, delinquent lands and collection of taxes," approved December 24th, A. D. 1887.

Rights of purchaser.

ARTICLE 6. The purchaser or purchasers at such sale shall have and enjoy all the rights, power, privileges, and the delinquent taxpayer be subject to all the disabilities, requirements and 19 Stat., 882. limitations, set forth in an Act entitled "An Act in relation to forfeited lands, delinquent lands and collection of taxes," approved December 25th, A. D. 1887.

Amendment of Section 13.

Clerk and Treasurer.

Be it further enacted, That Section 13 of said Act to incorporate the city of Aiken be, and the same is hereby, repealed and stricken out, and the following inserted in place and stead thereof, to be as known as Section 13:

SEC. 13. That the said City Council shall have power, and are hereby authorized, to elect a Clerk of the City Council of the said city of Aiken, who may also act as Treasurer of said city, and to Bond and duties fix his bond and prescribe his duties and obligations; and said City Council shall also have power, and are hereby authorized, to elect one Chief of Police and as many assistants as may be necessary, (in addition to the Sheriff of Aiken County, who shall be ex officio a policeman of said city,) to fix their salaries and preTheir powers scribe their duties. They shall be sworn in and vested with all the power now conferred by law upon Constables, and subjected to all the duties and liabilities that are now or hereafter may

Police.
Sheriff.

and duties.

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