taking greater fees, &c.

Penalty for than such as are allowed by the ordinance of the city, he shall, upon conviction in the Court of Wardens, be removed from office, and be rendered incapable of ever hereafter serving the City Council in any capacity whatever; and moreover, shall be liable to make such reparation to the party injured, as in the discretion of the Court of Wardens shall seem just and proper.

Passed, April 14, 1802

Fees of the Sheriff-For an arrest, bail bond and return, four shillings and eight pence; for serving a process, where no bail or copy is left, three shillings and six pence; for serving an attachment on the body, three shillings and sixpence; for serving a summons or order of court, and making a return thereof, to be paid by such person, three shillings and six pence; for serving a scire facias and return, two shillings: for returning any process, not to be found, one shilling; for serving a subpoena on each witness, six pence; for serving the warrant of a city magistrate, two shillings; for apprehending any person for contempt of court, and commitment to prison, three shillings and sixpence; for levying an execution on the goods and chattles, three shillings; for commissions on the true debt and costs, five per cent. for serving an execution on the body, (arrest) four shillings and eight pence; for commissions on the true debt and costs, five per cent. for an assignment of bail bond, one shilling; for every search, the party demanding the same, of above a year's standing, one shilling; for every days attendance on a prisoner to find bail, three shillings and six pence; for selling fugitive slaves, ten shillings for each slave; advertising property for sale in the gazette, under execution, and other necessary charges in conveying the same to sale, and charge of maintenance of negroes, while in his custody, to be allowed him out of the proceeds of sales.

1. That whenever, and as often as the said office shall become vacant, the Sheriff of the said city shall be elected by the City Council, by ballot, and be * Now triable in the Inferior City Conrt.

66

66

and be com

to give.bond

&c.

Oath to be

:

في

commissioned by the Intendant during good behaviour,* and before he enters upon the duties of his of fice, shall give bond, with one or more security or City Sheriff to securities, to be approved of by the City Council, hold his office in the sum of ten thousand dollars, conditioned for missioned by the due and faithful discharge of all the duties of his the Intendan office; and the person so elected, shall take in coun- &c. in $10,00 cil, the oath of allegiance to the state, and also, the following oath, viz: "I do solemnly promise and swear (or affirm) that I will well and faithfully serve the city of Charleston, in the office of Sheriff, according to the best of my skill and ability; that I will do equal right to all persons, high and low, rich and poor, without malice, favour or affection; that I will well and truly return and execute all process, writs and executions directed to me, according to any act of the Legislature, or Ordinance taken by him." of the City Council; that I will not take any fee, gift or gratuity, except as may be allowed me by law, for any thing to be done by me, in virtue of 66 my said office; and that I will justly and faithfully CC render a stated account of all monies received by me on account of the corporation, to the Intendant, or City Council, once in every month, and pay "the same into the treasury of the city-So help "me God." And the said Sheriff shall receive two hundred and sixty dollars per annum, payable in Salary and quarterly payments, in full of all services to be performed on behalf of the corporation, and enjoy all the perquisites and emoluments, heretofore enjoyed by the city Sheriff; and the Sheriff of the city shall from time to time, have power and authority to appoint an under Sheriff, and deputy Sheriffs, to trans

66

emoluments

as the Sheriff.

act and perform the business of the said office; and Sheriff to ap the said Sheriff shall be answerable for the conduct who shall take of the person and persons, so to be appointed; and the same oath the said under Sheriff, and deputy Sheriffs, shall take the oath before prescribed to be taken by the Sheriff, except the latter sentence of the same, previously to their acting under their respective deputations.The Sheriff shall make all proclamations, issued by

* Now elected annually.

Their duties. order of the Intendant, which concern the interest of the city, without any extra fee or reward; and the said Sheriff, under Sheriff, and deputy Sheriffs, shall be liable to all such other duties, and invested with all the powers and authorities, within the jurisdiction or the limits of the city, that Sheriffs, under or deputy Sheriffs, by the laws or customs of this state, have Persons oppo- usually been liable to, or have exercised. And if any or his deputies person shall resist or oppose the Sheriff, or any under to be fined. or deputy Sheriffs, in the lawful execution of the duties of his or their office, every such person shall, upon conviction in the Inferior City Court, be fined Deputy Sheriff in any sum not exceeding eighty dollars. And every deputation. under or deputy Sheriff, shall produce his deputation, whenever the same shall be lawfully demanded by any person whomsoever.

sing the Sheriff

to produce his

Sheriff's duty as to keeping. accounts.

1

2. That the City Sheriff shall keep a book, wherein he shall enter an account of all monies received by him in the execution of his office, for the Corporation, and shall at the expiration of every month, lay an attested statement thereof, before the City Council, and pay the same to the City Treasurer; and if the Sheriff shall neglect so to do, he shall forfeit and pay the sum of forty dollars for every such neglect, to be sued for, and recovered in the Inferior City Court; Shall preserve and the said Sheriff shall carefully preserve all pathat come to pers whatever, which may officially come into his his hands. possession, and file the same in his office.

Penalty.

public papers

Preamble.

3. Whereas in and by the second clause of the act of the Legislature of this state, passed on the 19th day of December last, entitled, "An act to establish 66 a court of inferior jurisdiction in the city of Charleston, and to extend the jurisdiction of magistrates "throughout the state, except those resident in the "city of Charleston," it is enacted, that the said court thereby erected, directed and established, shall be called the Inferior City Court, and be held by the Recorder of the city of Charleston, and that the City Council shall fix, and provide such compensation for the Recorder, as may be fit and proper, and proportioned to the importance of his station, and which compensation shall not be increased, nor diminished, during his continuance in office, to be paid by the

city tax, and the said Recorder shall hold his commission during good behavior.

commissioned

5. That the Recorder shall be commissioned ac- Recorder to be cordingly by the Intendant, and shall receive as a full by the Intendcompensation for his services, an annual salary of ant fifteen hundred dollars, payable in quarterly payments Salary, out of the City Treasury, to commence from the second day of March in the present year.

giance, and of

6. That whenever, and as often as the office of Recorder shall become vacant, a Recorder for the Vacancy-how city of Charleston shall be elected by the City Coun- to be filled. cil by ballot, and be commissioned by the Intendant, for the time being, during good behaviour, and the Recorder so elected, before he enters upon the execution of his office, shall, in the presence of the City Council, take the oaths of allegiance to the state, and to the United States, and also the following oath of oaths of alleoffice, to wit: "I, A. B. do solemnly swear that I fice, to be ta"will well and truly discharge the trust reposed in ken by him. (6 me, as a Recorder of the city of Charleston, by "administering justice, according to law, and the or"dinances of the City Council in the Inferior City Court, wherein I am appointed to preside, according "to the best of my knowledge, judgment and ability, "without malice or partiality; that I will not take any fee, gift or gratuity, except such as may be allowed "me by law, or ordinance of the City Council, for any "thing to be done by me, in virtue of my said office, " and that I will, without being influenced by fear, "favour or affection, do equal justice and right to all "manner of people, both high and low, rich and ແ poor, without any distinction whatsoever; and that "I will, likewise, during my continuance in the said "office, truly, faithfully and impartially discharge all "other the duties thereof, prescribed, or to be pre"scribed by any of the city ordinances, or resolves "of the City Council, So help me God"-Which several oaths shall also be taken before the City Council, by the present Recorder, within fifteen days after the ratification of this ordinance.

7. That it shall be the duty of the Recorder of the His duties city, for the time being, to report to the Corporation or to the Intendant, when required by them or him,

K

absence va

his opinion in writing, as to any point or points of law submitted, which relate, or may relate to the interest or concerns of the city; and also to sue for and recover in the Superior Court of the state, all sums of money due and owing to the city, whenever the bonds, notes, accounts or contracts upon which the same may arise, shall be placed in his hands for that purpose; and to prosecute and defend in the Superior Courts, all suits (except in any cause which may have been argued before, or adjudged by him in the Inferior City Court) in which the Corporation shall, or may be, in any wise concerned; and to draw all contracts, leases, conveyances, and other legal instruments of writing for the said city, and also to do and perform all such other duties, as are, or from time to time may be enjoined, or required of him, by any ordinance or resolve of the City Council.

8. That if the Recorder shall absent himself from the city, or neglect to attend the Inferior City Court Three months for the space of three months in any one period togecates his office ther, without leave of the City Council first had and obtained, such absence or neglect shall absolutely vacate his office, and the City Council shall proceed to elect another person as Recorder in his stead.*

One dollar to

11. That there shall be paid to the City Sheriff, for the use of the Corporation, towards defraying the exbe paid Sheriff traordinary expences which the city may incur by for every cause reason of the establishment of the Inferior City Court in Inferior City aforesaid, the sum of one dollar on each cause to be Court. docketed in the said court, or on which an order for

docketed, &c.

judgment may be given in the said court; and the Clerk of the said court is hereby authorized and required, and enjoined, to refuse to docket any cause or causes, or give, or endorse on any process or proceeding in any cause in the said court, or enter in the minutes or books thereof, any order for judgment, until the plaintiff or plaintiffs, his, her, or their agent or attorney, shall produce to the said Clerk, an acknowledgement, in writing, either by indorsement on the process, or otherwise, from the said Sheriff, that the sum of one dollar has been fully paid and satisfied,

* 9th and 10th Clauses obsolete.