South Carolina - Acts on Education Topics

An Act to Define the Duties of County Commissioners, County School Commissioners, and County Treasurers, in Reference to the Auditing, and Payment of Claims, and to Require Annual Reports of all Claims Audited, Allowed, and Paid by Them, to be made to the Court of General Sessions.

February 9, 1882

Acts and Joint Resolutions of the General Assembly of South Carolina 1881-1882, Pages 891-893.

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 the several Counties of said State shall keep in their several offices a “File Book,” in which all claims, presented for their consideration, shall be filed by their Clerk, designating the date filed, by whom presented, and to whom said claim belongs, and the character and amount of said claims. The said clerk shall also number said claims in the order in which they are filed, audited, and allowed, from number one upwards.

SEC. 2. That the County Commissioners shall draw their checks upon the County Treasurers of their respective Counties, in payment of said claims, out of any funds in the treasury applicable to the payment thereof: Provided, That no such checks shall be drawn by the said County Commissioners until they shall have been formally notified by the County Treasurer that there are sufficient funds in the County Treasury applicable to the payment of such cheeks.

SEC. 3. That County Commissioners and County School Comniissioners shall make an annual report of all claims filed, audited, and allowed, and ordered paid by them during each fiscal year, to the Presiding Judge at the first term of the Court of General Sessions for each County, which shall be held after the first day of January in each year, which report shall be submitted by said Judge to the Grand Jury for their examination, with the assistance, if necessary, of some competent persons to be appointed by the Presiding Judge, at a compensation of five dollars per day for each day so engaged, provided that no pay shall be received under this Section for more than four days. After examination the Grand Jury shall report thereon to the Presiding Judge any matter growing out of, or pertaining to, said annual report, which to them may seem worthy of the attention of the Court. The said report shall thereupon be filed by the Clerk of said Court, and kept as papers of said Court for inspection by any citizen desirous of examining the same.

SEC. 4. That the County Treasurers of the several Counties of said State shall not pay any claims against their respective Counties upon orders of County Commissioners except as hereinbefore provided for; and they shall make an annual report to the Presiding Judge, at the first term of the Court of General Sessions in their respective Counties, which shall be held after the first day in January in each year, of the number, character, and amount of said claims paid by them on orders of County Commissioners and County School Commissioners, and to whom paid; which report shall be submitted by said Judge, to the Grand Jury for their examination, and shall be filed by the Clerk of said Court, and kept in his office for public inspection.

SEC. 5. That if after examination of said reports of County Commissioners, County School Commissioners, and Treasurers, the Grand Jury shall find any discrepancies between the reports or any irregularities therein, or any embezzlements of or extravagancies in the expenditures of public funds, they shall present the same to the said Court, and orders shall be taken thereon as shall meet the ends of justice.

SEC. 6. That said reports of County Commissioners, County School Commissioners, and Treasurers, shall be published at least two weeks before the sitting of said Court by said ofiicers or their several clerks in some newspaper published in said County.

SEC. 7. That the County Commissioners of the several Counties of said State shall, on or before the 15th day of November of each year, make a report to the Comptroller General of the number, character, and amount of claims audited, allowed, and ordered to be paid by them for the fiscal year ending on 31st of October preceding said 15th day of November, to be by him submitted to the General Assembly for their information in his annual report; and all claims against a County not presented during the fiscal year in which they are contracted, or the next thereafter, shall be forever barred. They shall also make out in said report an estimate of the amount of money which it will be necessary to raise by taxation in their several Counties for County purposes for the current fiscal year, which shall also be embodied in the Comptroller General's annual report to the Genral Assembly.

SEC. 8. That any violations of the foregoing Sections by the County Commissioners, County School Commissioners, and County Treasurers, shall be deemed a misdemeanor, and upon conviction thereof in the Court of General Sessions, the party so offending shall be sentenced, by the presiding Judge before whom convicted, to pay a fine of not less than one hundred dollars, or be imprisoned in the County jail not less than one month. It shall also be the duty of the several Circuit Solicitors to prosecute any violations of this Act.

SEC. 9. That this Act shall not take effect until on and after 1st November, 1882.

SEC. 10. That all Acts and part of Acts inconsistent with this Act be, and the same are hereby, repealed.

In the Senate House, the eighth day of February, one thousand eight hundred and eighty-two.

John D. Kennedy, President of the Senate.
John C. Sheppard, Speaker of the House of Representatives.

Approved: February 9th, A.D. 1882.
Johnson Hagood, Governor.



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