shall exhibit the inf. court of the county funds. 6. Sec. III. It shall be the duty of the clerks of the superior and Clerks of sup. inferior courts of the several counties in this State, to lay before the and in court inferior court of their respective counties, at the first annual session of annually to the said courts, a correct statement of the several sums of money a statement received for county rates or taxes, or fines, forfeitures, impositions, license, or otherwise, in such method, as that the net proceeds of the whole revenue of such county, and the amount of the several disbursements in discharge of the several demands against such county, may distinctly appear;* and if any of the said clerks shall divert, misapply Forfeiture of or conceal any of the money belonging to such county, he shall forfeit and pay to, and for the use of such county, double the money he shall embezzlebe found so to have diverted, misapplied, or concealed, to be recovered before any court having jurisdiction of the same; and it shall further Statements be the duty of said clerks, to record such statement of county funds in funds to be proper books, to be provided at the expense of such county. An Act to compel Clerks of the Inferior Courts in this State to pay over money deposited in their hands.-Approved Dec. 19, 1816. Vol. III. 155. double the amount for ment. of county recorded. the inferior against de clerk. 7. Sec I. From and after the passage of this act, it shall and may Justices of be lawful for the justices of the inferior court or a majority of them, court may in each county, respectively, of this State, when any clerk of the infe- issue fi. fa rior court, may or shall refuse, or neglect to pay over any money or faulting moneys belonging to the county funds, deposited or paid to him for the use of the county for which he is the clerk, to issue an execution against such clerk and his security or securities, directed to the sheriff, or officer authorized to execute the same, commanding him to levy the same on the estate both real and personal, belonging to the said clerk and his security or securities, as the case may be, or so much thereof as will be sufficient to satisfy such execution and costs thereon, and such other proceedings shall be had thereon as are usual on other executions issued upon judgments. An Act, to authorize the Inferior Courts of the several Counties in this State to transcribe the Records of the Superior Courts and Inferior Courts, and of the Courts of Ordinary of said Counties; and more fully to define the duties of the Clerks of the Superior Courts and Inferior Courts; and to provide a remedy for the non-performance of such duties.-Approved Dec. 22, 1829. Vol. IV. 227. 8. Whenever it shall be made known to the Inferior Courts of the Infer'r courts persons to the records. several counties in this State that the records of the superior courts may employ and the inferior courts, and courts of ordinary, or of any of said courts transcribe in their respective counties have become .obliterated, defaced, or mutilated, it shall and may be lawful for said inferior courts to employ some fit person or persons to transcribe such records into new books and such other papers as his excellency may think expedient, appertaining to their several offices, and have the said schedule filed and recorded in the executive office. And the said several officers shall annually at the end of each political year, make out a like schedule of the increase of the records and other documents belonging to their several offices, to the then executive officer, to be filed and recorded as above mentioned. [Resolution of Nov. 30, 1815, Vol. III. 1148.] *The same duty enjoined by act of 1823. See County Officers, Sec. 39. And with the view (as expressed in the preamble) of providing for cases of uncommon intricacy; and also it is presumed for cases of default in the clerk, the resolution of 27th Nov. 1802, directs the judge of the superior court to appoint three commissioners in any county where, from the presentments of the grand jury, the accounts of a substantial nature; and such records, when so transcribed, and approved by said inferior court upon their inspection, or upon the examination of any person or persons whom they shall appoint for the purpose, shall have all the validity and authenticity of the original records. Or may have 9. Sec. II. Whenever it shall appear to the inferior courts aforethem brought said that the clerks of the said courts hereinbefore mentioned have up when incomplete. failed or neglected to copy into a book of record all the proceedings in all civil cases in said courts respectively, or that the said proceedings have been partially and imperfectly copied, it shall and may be lawful for the said inferior courts to employ some fit and competent person or persons to copy the said proceedings into a book or books of record; and the said books of record shall, when approved by said inferior court, or by the person or persons by them to be appointed for the purpose of examination, have the same force, validity, and authenticity as if the said proceedings had been fully copied by the clerks aforesaid, within the time prescribed in the 34th section of the act of the general assembly, passed on the 16th day of Feb. 1799.* Shall offer them to the lowest bidder. Bond to be given. Suits against defaulting clerks. Damages. Or may be ruled Proviso. 10. Sec. III. The said inferior court, in the employment of a person or persons to transcribe the records, and to copy the proceedings as hereinbefore directed, shall offer the same to the lowest bidder, due regard being had to the competency of the several persons proposing, and shall require bond with approved security, payable to the justices of the inferior court of the county, and their successors in office, in a penalty to be fixed by them, or any three of them, for the completion of the contract at such time or times as shall be stipulated, and for the safe keeping and return of the books, documents, and papers that may be intrusted to him or them for the purposes aforesaid. 11. Sec. IV. The inferior courts shall be authorized to institute a suit or suits in the superior court upon the bond or bonds of any clerk, who has failed or neglected to copy into a book of record all the proceedings in all civil cases in said courts respectively, according to the true intent and meaning of the said 34th section of the act aforesaid, or who shall hereafter fail or neglect to record the proceedings of said courts as hereinafter required; and shall recover damages for the neglect or failure of such clerk in manner aforesaid, according to the rates for recording said proceedings, in all the cases which such clerks shall have failed, or shall fail to record, or which he shall have imperfectly recorded, or shall imperfectly record; and in case there be no valid bond of said clerk, it shall and may be lawful for said superior court to cause said clerk, by a rule or order of said court, to pay into the hands of the county treasurer such sum or sums of money as it shall appear to said court that such clerk has received, or shall receive, as fees for recording of proceedings in cases which he has or shall fail or neglect to record, or has or shall imperfectly record, and to enforce such order by process of attachment; Provided, when it shall appear that said clerk has not received the recording fees in any case or cases, the amount of such fees shall not be included in the damages appear to be in an unsettled state. These commissioners are empowered to call for such documents and other testimony as in their judgment may tend to explain and elucidate the accounts; and shall make a full report to the next term of the superior court, which shall be laid before the grand jury for their decision thereon. The commissioners shall be reasonably compensated by the inferior court out of the county funds. And any vacancies in these appointments to be filled by the judge. And (3d resolution) the inferior courts shall annually lay before the grand jury a statement of the receipts and expenditures of the county money. [Vol. II. 676-7.] * See title Judiciary, Sec. 31. herein required to be collected, nor in the sum herein directed to be paid. 12. Sec. V. The proceedings in all cases, criminal as well as civil, All judicial hereafter determined in the several courts of law and equity in this to be fairly proceedings State, shall be fully and fairly copied by the clerks of such courts copied. respectively into record books of a substantial nature, previous to the next term of such courts, after the adjournment of the court in which such cases shall be determined. to inspect the to present 13. Sec. VI. It shall be the duty of the grand juries in the several Grand Juries counties in this State, from term to term of the superior court, to records, offiinspect and examine the offices, papers, and records in the superior ces, &c. and inferior courts of their counties; and if the said proceedings shall Grand Jury not have been copied into a book or books of record according to the delinquent true intent and meaning of this act, they shall cause the clerk or clerks clerks. who shall have failed or neglected to do his duty as required by this act, to be presented for non-performance of official duty; and the said superior court shall order the bond of such clerk to be prosecuted, and recovery shall be had thereon as directed in the aforesaid third section of this act; and if there be no bond, said court shall proceed against such clerk as in such case is therein directed. Sec. VII. All laws or parts of laws militating against this act are Repealing hereby repealed. An Act to compel all County Officers holding public monies to keep books of record of the receipts and expenditures of the same.— Approved Dec. 26, 1831. Pam. 90. 14. Sec. I. As the public money is the property of the people, they have a right at all times to know how it is expended: all clause. cers shall receipts and Be it therefore enacted, That from and after the passing of this act, County offiall county officers in each county in this State, in whose hands any keep a record money belonging to the county or State shall come, shall prepare and book of all keep a fair, good and substantial leather bound book, in which they payments. and each of them shall enter in a regular and distinct manner, monies, by them received on account of the State or county, or from any other public source, in such a way, as may be seen how much and at what time the said money was received, and in like manner how the same has been expended or disbursed, with the items of each expenditure, and at the expiration of every three months, the debit and credit side of such account shall be struck, so that the state of the account may be known. lay an ab 15. Sec. II. It shall be the duty of the county treasurer, or if none And annually has been appointed, then the clerks of the superior or inferior courts, stract before acting as such, shall at every second term in each county, lay before the G. Jury. the grand jury a fair abstract from said book. $20. 16. Sec. III. In case of neglect or failure of any of the aforesaid on pain of persons to perform the duties hereby assigned them, then and in such case, they shall be liable to a fine of $20 for each offence, to be recovered in any court of record having competent jurisdiction: the whole penalty to go to the person prosecuting the party offending. to public inspection. 17. Sec. IV. During the legal office hours, all persons shall have Books open access to and a right to inspect the aforementioned books, and to take extracts therefrom, and the person keeping the same shall be entitled to receive twenty-five cents for each inspection: and should any of the aforesaid officers refuse any citizen an inspection of said books, such officer so offending, shall be liable to the penalty and prosecution as prescribed in the above named section. 176 How remov fice. COUNTY OFFICERS. An Act for the appointment of County Officers.-Approved Feb. 16, 1799. Vol. I. 201. Sec. I. and II. [Repealed. See Sec. 9, and amendment of the constitution, Vol. II. 515.] 1. Sec. III. On the representation of two-thirds of the justices of ed from of the inferior court, and of the county, or by sentence of impeachment, his excellency the governor be and he is hereby authorized to remove any of the aforesaid sheriffs from office; and he shall and may remove from office any coroner or county surveyor, on like representation of two-thirds of the justices of the inferior court and of the county; the governor shall and may also remove any of the aforesaid clerks, county surveyors, or coroners from office on conviction of the offender or offenders, for mal-practice in office. Elections of County officers to be by the free citizens. Vacancies how filled. * An Act supplementary to the foregoing.-Approved Dec. 4, 1799. 2. Sec. II. In future, all elections for county officers, to wit, the clerks of the superior and inferior courts, sheriffs, coroners, and county surveyors, shall be by the citizens of the respective counties, who are entitled by law to vote at elections for representatives, or members of the legislature of this State; and shall be opened, conducted, and closed in the same manner, that elections are for members of the legislature of this State. 3. Sec. III. If a vacancy should take place in one of the aforesaid offices, it shall be the duty of the justices of the inferior court, or any two or more of them, to give notice in one or more of the public gazettes, or at the court house, and three or more of the most public places in the county within which such vacancy may happen, twenty Continuance days previous to the election for filling up the said vacancy: and the person so chosen shall continue in office no longer than his predecessor would have done.† And where any two or more candidates for any county office shall have the highest and an equal number of votes, the presiding justices shall certify the same to his excellency the governor, who shall be, and he is hereby authorized to appoint one of the persons so having an equality of votes. in office. In cases of tie, the governor shall appoint. Judges of the superior, and justices of the inferior court, to take sheriffs' bonds. An Act to amend the Judicial Act.-Approved May 11, 1803. Whereas doubts have arisen respecting the proper persons authorized, or intended by law to take the bonds or obligations of the sheriffs of this State: for remedy whereof, 4. Sec. I. Be it enacted, &c. That every judge of the superior, or a majority of the justices of the inferior courts, of the respective counties throughout this State, is and are, and by intendment of law, "Clerks," &c. "of the respective counties," are the words in the first section here referred to. † But see Sec. 7. But as to filling vacancies in the office of sheriff, clerk of the superior and inferior court, see Sec. 21. ought to have been taken, held, deemed, and considered as competent in law, to take the bonds or obligations of sheriffs, and to qualify them as by law directed. An Act to compel the Clerks to keep their offices at the Court House of their respective Counties, or within one mile thereof.-Approved Dec. 7, 1807.* Vol. II. 404. Whereas great inconvenience has hitherto been experienced by the citizens of this State from the great distance at which many of the clerks keep their offices from the court-house, many records and other papers being frequently necessary to the fair investigation of a cause in court, that are lodged in the office, and their absence necessarily delaying justice, and sometimes utterly defeating it; for remedy whereof, offices within the court 5. Sec. I. Be it enacted, &c. That from and after the first day of Clerks to June next, it shall be the duty of the clerks of the superior and infe- keep their rior courts, and the clerks of the court of ordinary, to keep their one mile of offices, books, and papers, at the court-house of their respective coun- house. ties, or within one mile thereof, except the counties of Glynn, Ef- Exception. fingham, Bryan, and Bulloch, and except the county of Wilkinson, until the public buildings be made permanent. 6. Sec. II. Each and every of the said clerks, except as before Penalty for excepted, shall forfeit and pay the sum of $30 for every month they, this act. neglect of or either of them, shall fail to comply with the requisitions of this act, to be recovered in the superior court, on motion of the attorney or solicitor general, by attachment as for contempt, and to be considered as a part of the county funds. An Act to authorize the Clerks of the Superior and Inferior Courts, Clerks of the Courts of Ordinary, Sheriffs, Coroners, and Surveyors, to hold their offices during the intervention between the election and commissioning of their successors, and to regulate the transfer of papers and moneys.-Approved Dec. 13, 1809. Vol. II. 541. Whereas considerable evils may result from the suspension of duties incumbent upon the clerks of the superior and inferior courts, clerks of the courts of ordinary, sheriffs, coroners, and county surveyors; for remedy whereof, ficiate ad 7. Sec. I. Be it enacted, &c. That the aforesaid officers shall County offiperform all the duties of their respective offices during the time cers to of intervening between the election and commissioning of their succes- interim. sors, with all the responsibilities to which they were liable, previous to the said election. Sec. II. [Repealed, and see Sec. III. superseded. See Sec. XIII. For Sec. IV. and VI. see Records.] for their 8. Sec. V. It shall be the duty of the officers elected, as afore- shall apply said, to make application to the executive for their respective com- commissions missions, within twenty days after their having been elected to either within 20 of the said offices.t *So many counties have been exempted totally or partially from the operation of this act, that it can now hardly be regarded as a general law. ↑ And see Sec. 11. days. |