Macoy v. Curtis

Citations

• 14 S.C. 367
• 1880 S.C. LEXIS 139

Syllabus

<p>1. Quere: If an office is forfeited by reason of failure of tbe officer elected to qualify within the time prescribed by law, could such forfeiture be avoided by an act of the legislature, passed after the time limited ?</p> <p>2. A clerk of court, elected his own successor at the general election, November 7th, 1876, gave bond, December 18th, which was approved January 1st, 1877, but he did not receive his commission until May 3d, upon which he endorsed the usual oaths June 20th, 1877. Another person was elected clerk at the general election, November 2d, 1880, and qualified and was commissioned in December following. Held, that the term of the first clerk was four years from the general election in November 1876, and until his successor, then elected, was qualified.</p> <p>3. The commission, which is only evidence of the election, may affect the time of actual enjoyment, but it cannot affect the constitutional term of office, which is for four years from the election.</p>