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REPORT OF CERTAIN MEMBERS 
 
 OF \'HE 
 
 COMMISSION' ON . TrmiHl].!^ CODE 
 
 OF THE 
 
 STATUTE; LAW OF SOUTH CAROLINA, 
 
 PREPARED BY THE LATE 
 
 JAMES LOUIS PETIGRU, COMMISSIONER. 
 
 COLUMBIA, S. C: 
 
 STEAM POWER-PRESS OF^". G. DeFONTAIXE A CO. 
 
 1864. 
 

REPORT 
 
 OF CERTAIN MEMBERS OF THE COMMISSION ON PETIGRU'S 
 CODE OF THE STATUTE LAW OP SOUTH CAROLINA, PRE- 
 PAR'ED by THE LATE JAMES LOUIS PETIGRU, COMMIS- 
 SIONER. 
 
 The undersigned respectfully dissent from the Report of the *Majoritjr of 
 the Commission, and submit the following Report : 
 
 In the year 1859, an Act was passed providing for a Code of the Statute 
 Law of the State, entrusting the work to a single Commissioner, with the aid. 
 of assistants of his own selection, and attaching a higher salary to the oflBce 
 than that received by any other State officer. These and other provisions of 
 the law, as well as the importance and difficulty of the work, indicate that a 
 person of extraoraiaary capabilities was contemplated for, the placfe of Com- 
 missioner. The choice of the Legislature fell on Mr. Petigru, of whose 
 eminent talents, reputation as a jurist, rare scholarsihip, general learning,, 
 high character, and indomitable industry, it is needless to speak. 
 
 The Act placed no restriction as to time on the work, but provided for au 
 annual report of its progress, and the annual election of the Commissioner. 
 
 At the session of December, 1860^ the Commissioner made his first Report, 
 accompanied by a printed volume of 270 pages, containing "a Redaction of 
 the Statute Law, under the heads of Territorial Rights, and Political and 
 Civil Divisions, as far as Courts of Common Pleas and General Sessions, in- 
 clusive," and disclosing fully his plan, as " borrowed from Blackstonc's 
 Commentaries." 
 
 This Report was referred to the Committee xtxi the Judiciary of each 
 Branch of the Legislature, neither of which Committees expressed a word 
 of disapproval of the plan of the work or the manner of its execution. And 
 Mr. Petigru was re elected Commissioner. 
 
 With this implied sanction of his plan, the Commissioner devoted himself 
 with renewed energy to the prosecution of the work, and in December, 1861, 
 submitted his second Report, and a second printed volume, both of which 
 were referred to the same Committees, with the same result. 
 
 ^ ^ 4 
 
 * The Commission consists of seven members. Only five attended the meetin<Tg. 
 Three of them unite in the iteport here called the Report of the Majority. They con- 
 stitute a majority of those present, but not of the entire Commission. ' 
 
Mr. Petigru was continued as Commissioner, and in December, 1862, 
 made his third Report, accompanied by a, printed leolume completing the 
 work — in which he remarks that "some errors have probably escaped him, 
 for even in Dr. Cooper's compilation [of the Statutes at Large of the State] 
 omissions and mistakes have been detected, which are much more likely to 
 occur in a Digest involving the exercise of selection than in a mere compila- 
 tion. Many such errors have, been corrected in the progress of the work, 
 and form the subject of an Apperfdix. No inconsiderable share of that part 
 of the present number is occasioned by contemporary legislation, and he (thtf 
 Commissioner) is somewhat consoled for the bulk of this part of his work, 
 [filling 2G pages,] by the consideration that the Corrigenda & Addenda 
 to Chitty and Beavan's Statutes of Practical Utility occupy one hundred and 
 twenty pages of their last volume. With a grateful sense of the confidence 
 of the Legislature, and an earnest desire that his work may^be found worthy 
 'of their approval, it is submitted to their judgment." 
 
 The entire wo|j£ was then referred to a Commission of seven persons, 
 composed of members of the Judiciary Committees of the two Houses, who, 
 with one or two exceptions, had been members of those Committees from the 
 time the, Commissioner received his first appointment. The Commit^sion 
 were to " examine and report on the icork" at the next session, and the time 
 ■ was afterwards extended to the present Session. 
 
 Mr. Petigru was justly anxious to appear before the Commission. For 
 more tiian two years, disease, in no degree dimming his bright intellect or 
 hindering his great energy, had been making steady inrpads on his bodily 
 frame, and death, now palpably before him, was the subject of calm contem- 
 plation. There was no record of his unsurpassed forensic efforts. This 
 work was to be his monument, as well as a legacy to his native State, which 
 he loved with a devotedness that no differences of opinion, and no outside 
 attractions or enticements could extinguish or diminish. There might be 
 apparent imperfections in it, which he could explain. One opportunity, and 
 another, was cheerfully accorded to him. But it was too late-, and his earthly 
 career of gr^at usefulness, and of priceless example to his young countrymen, 
 was terminated in March, 1863. 
 
 This statement is necessary to the consideration of the first subject which 
 will be noticed in the Report of the Majority. It is that which recom- 
 mends that the plan of the work be entirely changed, and another substituted 
 in its place. 
 
 Without discussing the merits of the plan proposed, whicli is unscien-tific 
 and comparatively easy of accomplishment, it is respectfully submitted that 
 the substitution of it would involve injustice to the memovy of the Commis- 
 sioner, if not a breach of good faith, unless it be demonstrated that his plan 
 is clearly defective and insufficient for the object designed by the Legisla- 
 
u 
 
 ture. The worli: would cease to be his, and become that of the Majority of 
 the Coinmigsion — by the appropriation o£ his faithful labor, searching analy- 
 sis, and tasteful condensation. His plan was set forth at the outset, and its 
 examination solicited ; and he was permitted to continue the work to its 
 ooiiiplction, according to that plan, without criticism or objection, although 
 the ^ct of 1859, provides that " such action as shall seem proper to the 
 Legislature may. be taken" upon the portions of the work pri.pared and an- 
 nually reported, "according to the plan and method' adopted by him." 
 
 But the plan is, in truth, an excellent one, and peculiarly appropriate. 
 The Act provides for the preparation of "such a code. of Statute Law as, if 
 enacted, might, in connection with the portions of the Common Law that 
 would be left unaltered, constitute the whole body of law in this State." It 
 was thus made the office of the Commissioner, to interweave his work with 
 the Common Law. But what more approved trea'iseof the Common Law is 
 there»than Biackstone's Commentaries? What arrangement of its topics so 
 'familiar to the Legal Profession, and even to lay- men, as his, which the 
 Commissioner "borrowed" as jie modestly, remarks? During the delibera- 
 tions of the Commission, it was objected that the plan is too scientific for 
 ordinary minds. Without at all conceding this to bo so, the Commissioner 
 doubtless believed, and properly, that his appointment called for a work of 
 the highest scieutitic character — not a popuhir one. But whatever be the 
 arrangement of such a work, a general index is a necessary and easy guide 
 to its contents, and the same index would serve under the plan pursued by 
 the Commissioner, and that proposed by the Commi.ssion. The important 
 point is, that it contain all the law, and that it does contain all, except what 
 is set forth in the Report of the Majority as omissions detected by them, is 
 implied in the fact that their Book is to be compo.sed of the matter in the 
 Commissioner's, "as altered and amended" by them. 
 
 The undersigned make no objection to the recommendation of the Majority; 
 that certain topics in the Code shall form a separate volume, and concur 
 with them in the necessity of appointing an Editor — not, however, to re- 
 arrange the work — but to ijoUate the several parts as they may be amended 
 hy the Le<jfi'i'a(ure, and "prepare a complete general index of the whole." 
 In the language of the late Commissioner — "The work cannot bo comn)itted 
 to the press until it has received your sanction ; and the finishing hand of 
 an Editor will be needed to incorporate the additions and corrections in the 
 body of the work, to number the sections and paragraphs for the purpose of 
 reference, and reduce the several indexes to one table of contents." 
 
 These preliminary matters being disposed of, the undersigned approach, 
 the heavy task of considering the voluminous " alterations ami amendments" 
 recommeude 1 by the Majority. Aud, at the out.set, thoy protest against those 
 which imply that the Commiision was invested with power to introduce new 
 
law — a power which it will be se^n has been lavishly exercised by the Ma- 
 jority, This delicate- power, involving the highest confidence, was entrusted « 
 to the Commissioner, who, as before remarked, was to be a person of extra- 
 ordinary capabilities. It was done very cautiously, too. He was admonished, ^ 
 that " adherence to what is established, where the reasons for change are not 
 decisive, should be a governing principle; but, al his dhcreiiun, regulatfd 
 by this principle," (and others laid down in the Act) "repeals and altera- j 
 tions of existing law, acd additions to it, might be introduced." The Act 
 also contemplated that such repeals, alterations and additions, as he might 
 suggest, should be first scrutinised by eomniittecs, according to the rules of 
 thd Legislatujc', before being acted on by that body. The " Reports of the 
 Commissioner," (Rrj^or/s on J Resolutions of \%Q2, p. 173,) not the prepara- ' 
 tion of a Code of its own, was referred to the Conimisbion. And it is 
 respectfully submitted that the true office of the Commis^sion was to examine 
 the Commiss. oner's work, and report whether in its judgment his digest of 
 the old law retained ..is correct, and his modifications and repeals of it, and 
 suggestions of new law are judicious. Such is the plain import of the Reso- 
 tion of reference. And to suppose that it conferred the power which has 
 been assumed, would be to suppose that the Lcgislatiire intended new law 
 introduced by the Commii-sion, (in'whose abilities it^ cannot be imagined 
 that higher confidence was reposed than in the Commissioner's,) to be -acted 
 on by them immediately, without the previous scrutiny to which his sugge.*^- 
 tions were to be subjected. 
 
 The alterations and amendments, then, may be classified, as follows : 
 
 I. Those wiich contain modifications of the statutes— substantial additions 
 thereto — (iiew law') — or repeals of substantial parts thereof, which the Com- 
 missioner, in the discretiou vested in him, did not think fit to recommend. 
 
 II. Those which restore statutory enactment.-^, which the Commissioner 
 has wisely recommended to be reftealed or modified. 
 
 III. Those which reject new law, wisely recommended by the Commis- 
 sioner. 
 
 IV. Those which mar the tasteful style and condensation of the work, by 
 restoring the words of the statute", or otherwise changing those of the 
 author. 
 
 V. Those consisting of matter, which is, in fact, already m the Book, or 
 Was noted by the Commissioner, and omitted in the Addenda <& Corrigenda. 
 
 VI Those that^oint out omissions of words or matter which, in the judg- 
 ment of the undersigned, should be retained— or changes that are rendered 
 necessary Ly recent legislation. 
 
 To notice all would swell this Report into a volume. The undersigned 
 will therefore confine themselves to a few in each class, and simply point 
 
u 
 
 out the rest, and invite the examination of them by members for them- 
 selves : * 
 
 I. On page 31,* paragraph 3, the duties of Constables are set forth in the 
 execution of orders, &c;., "■'relating to the trial of slaves." The Majority 
 have added, after "slaves," "and persons of color." These words are not 
 ii>>the statute, and are therefore liable to the objection of being new law 
 introduced by the Commission.' Moreover it is submitted that they are un- 
 called for, as the effect would be the same without them. 
 
 In the fourth paragraph on the same page, the power of a constable in 
 doing execution on a slave or free negro is stated. The word "Sheriff-" 
 instead of "Constable" is inserted by the Majority. This mars the sym- 
 metry and propriety of'.the existing law, the Constable, not the Sheriff, 
 . being the executive officer of the Justice's Court. 
 
 On page 32, paragraph 4, the Code states the reward provided by the 
 existing law to persons who may be maimed in apprehending a runaway, or 
 slave who is a fugitive from justice. The Majority have interpolated or 
 " slave charged with any criminal offence," and struck out " or slave 
 who is a fugitive from justice." An(! in the same paragraph they have 
 substituted "distributees" for the word "heirs," which is used in the 
 Statute, and followed ia the Code. 
 
 On page 34, paragraph 3, the Code states, in accordanca with the Statute, 
 ihat a fine may be substituted for corporal punishment on the conviction of 
 a free person of cjlor. The majority add "In ca.«e3 not capital," new law, 
 and unnecessary,^cause death, not corporal punishment, is the penalty in 
 capital cases. 
 
 On page 76, paragraph 6, the Code gives the Constilutional provision that 
 the Governor shall not be re-eligible until after four years, and the Majority 
 strike it out, thereby altering the Constitution ! 
 
 On page 35, paragraph 4, the allowance of half the fine for trafficking 
 with slaves, made to the informer by the existing law, is struck out by the 
 majority, and struck out in like manner in almost every ease in the Statutes 
 where such allowance occurs. And in paragraph 6 of same page, the 
 allowance of damages to the owner, for the unlawful beating or imprisonment 
 of his slave, is struck out. 
 
 On page 106, paragraph 7, the Code follows the Statute as to the penalty 
 of the Bond of the Tax Collector for St. Philip's and St. Michael's Parishes, 
 which was established as lately as 1859. The Majority change it. So on 
 page 117, paragraph 4, ab to election day in Pickens Disjtrict, established by 
 Act of 1859. ' 
 
 •When only the latter part of a paragraph is printed on any given page, it is desig- 
 Q&ted as paragraph I. in these references. « • 
 
.8 
 
 On page 304, the Majority propose to interpolate new law of a very impor- 
 tant character, by making it penal for Railroad Companies to fail to furnish 
 every passenger who purchases a ticket, with a comfortable seat throughout 
 the entire journey for which it calls, or a supply of good drinking water for 
 passengers, or to keep cars occupied by passengers well lighted at night, and 
 subjecting them to a fine of $1,000 for every ofifence. 
 
 Other amendments belonging to this class, occur at pages 26, par. 1; 28^ 
 par. 1 ; 32, par. 2 and 3 ; cS, par. 8 ; 35, par. 2, 3 and 6 ; 36, par. 4 ; 38, 
 par. 1; 39, par. 3; 40, par, 2; 44, par. 4j 45, par. 5; 47, par. 1; 48, 
 par. 2; 55, par. 3; 56, ppr. 5 and 6; 61, par. 3; 63, pai'. 3; 74, pfir. 6j 
 78, par. 10 ; 80, par. 4, 5 aiid 7 ; 82, par. o and 5 ; 94, par. 3 ; 99, par. 
 2 ; 102, par. 6; 103, par.' 1 ; 106, par. '6 and 5; 115, par. 4; 116, par. 
 2 and 3 ; 117, par. 4; 123, par. 3 ; 124, par. 4; 127, par. 1. 
 
 II. On page 33, paragraph 9, as to the trial of slaves. and free persons of 
 color. According to the existing law, the consent of the Magistrate (Jus- 
 tice) is required when only a majority of the freeholders agree, not when 
 they are unanimous. The Code modifies the law by making the concurrence 
 of the Justice necessary ia both cases. The Majority restore the provision 
 of the Statute. It is submitted that the modification in the Code is proper. 
 
 Page 39, paragraph 4. The law against the intrusion of free negroes into 
 the State. The Majority restore the statutory exception in favor of " Free 
 American Indians, free Moors or Lascars". — properly omitted in the Code, 
 because those persons are not embraced "'n the prohibition and penalties of the 
 Statute. ^ 
 
 On page 59, paragraph 5. OflSce to be regarded as vacant whtfn the 
 'oflScer fails to furnish additional security required. The Majority restore 
 the words of the Statute, "the original bond not to be cancelled, or at all 
 impaired thereby" — properly omitted in the Code, because entirely unneces- 
 sary. The requirement contemplates additional, not substituted security. 
 
 The same remarks apply to page 60, paragraph 1. 
 
 On page 98, paragraph 6. One hundred copies of the Act and Resolu- 
 tions of the Greueral Assembly, to be subject to the order of the Governor. 
 The Majority add the words of the Statute, "for interchange with other 
 States." The Code properly leaves out the restriction as to the purpose for 
 which they are to be used, because there were only thirty-one other States 
 when the law was passed, and less than one-third of that number now 
 
 On page 104, paragraph 1. Persons removing from the State without 
 paying their taxes, although not yet payable, to be dealt with as defaulters. 
 Tho Majority restore a proviso of the Statute excepting those who give secu- 
 rity for payment at the appropriate time — a cumbrous provision very properly 
 left out of the Code. It is only reasonable to require such persons to leave 
 the money 'with an agent. 
 
Other amendment^ belonging to this class occur at pages 34. paragraph 
 .4; 40, par. 5; 95, par. 2; 126, par. 3. 
 
 III. On page 47, paragraph 1. Privilege from arrest in going to elections. 
 The Code supplies a palpable defect in the law by providing for the prompt 
 discharge of persons illegally arrested, without which the law is nugatory, 
 and gives the power of discharge to the managers, the Majority annul the 
 amendnjent, and leave the law as it is.- 
 
 On page 93, paragraph 6. Penalty against Tax Collectors restricted by 
 the Statute to the offence of failing to make returns. The Code extends it 
 to the offence of not paying over moneys collected according to law. The 
 Majority annul the amendment. 
 
 On page 121, paragraph 7. The Code provides, as new law, for surveys 
 of lands adcording to old lines and actual possession, which shall be prima 
 facie evidence of the right of possession. It is carefully guarded, calculated 
 to prevent litigation, and if litigation ensue, to simplify the proceedings, 
 present the real questions between the parties, and ensure justice. The 
 Majority disapprove. 
 
 On page'lol, paragraph 2. The Majority restore the provision of the 
 existing law, empowering a Justice to hear and decide appHcations for the 
 benefit ef the Prison Board- Acts, which is left out in the Code. Difficult 
 questions often occur under these applications, which are beyond the capacity 
 or learning of the general run of Justices. It is sufficient that- the Clerks 
 of Court possess the power. 
 
 And on the same page, paragraph 4, the Code re.ctricts the appointment 
 of Constables to one by each Justice, according to the Statute, but omits the 
 proviso as to his appointment of Special (Constables for particular occasions. 
 The Majority restore the proviso. If there be good reasons for the general 
 rule, the proviso is so loose as to render it nugatory. 
 
 Other amendments belonging to this class occur at pnges 33, paragraph 9 ; 
 36, par. 4 ; 39, par. 4 ; 40, par. 5 ; 44, par. 4 ; 45, par. 5 ; >59, par. 5 ; 61, 
 par. 1 ; 95, par. 2 ; 98, par. 6 ; 111, par. 2 and'3j 119, par. 6; 123, par. 
 2 ; 124, par. 4; 125, par. 3 ; 127, par. 3 and 5; 128, par. 5. 
 
 IV. On page 28, paragraph, 5. Unlawful meetings of negroes for reli- 
 gious worship. The Code expresses it, " before the rising of the sun." The 
 Majority add the words of the Statute, "or after the going down thereof" — 
 unnecessary, and therefore properly omitted. Before the rising of the sun 
 embraces all the time after sun-set. 
 
 On page 60, paragraph 2. " The party" used in the Code, struck out, 
 and the words of the Statute, "any such public officer," restored. They 
 mean the same thing, and the former is in better style. 
 
 So, on page 63, paragraph 2 — "Shall be," substituted for "is," in the 
 Code, which properly uses the latter word, as it is deciariag what is the law. 
 2 
 
19 * 
 
 And on page 88, paragraph 8, the words "on or" unnecessarily interpolated. 
 
 On page '*^9, paragraphs 2 and 3. The Majority change the order of two, 
 paragraphs. The Code follows the arrangement of the existing laws, which is 
 plainly the proper one. 
 
 On page lOi, paragraph 8. The Majority change "begins" into "shall 
 begin," when the Code is declaring what is the law. They also strike out 
 "and the era dates from the first (^ay of October, 1788," and injscrt " in 
 every year," which is inappropriate for the same reason. 
 
 On page 103, paragraph 3, the Majority strike out the word " incompe- 
 tency," which is entirely appropriate, and substitute for it " non-compliance." 
 And in paragraph 6, on same page, they strike out assets "in his hands," 
 and insert "which carae into his hands," which means 'the same thing. 
 And they add "if sufficient," which is superogatory, as that is the very 
 import of the term asset — asaez, enough. 
 
 Other amendments belonging to this class occur at pages 26, paragraph 8 ; 
 28, par. 5; 34, par. 8j 102, par. 4; 104, par. 1; 127, par. 4 and 5; 128, 
 par. 2, 3, 4 and 7 ; 129, par. 2. ' 
 
 V. On page 26, paragraph 1. The Majority substitute " are punishable 
 with death" for " amount to felony without henejit of clergy^ A change 
 became necessary when the Commissioner decided to recommend the abolish- 
 ment of hp.ne.fil of clergy, and he noted it in liis copy of the "work in the 
 word^ "that amount to capital felonies," (a better phrase than that used by 
 the majority) but omitted it in the Addenda & Corrigenda. 
 
 On page 64, paragraph 5. The amendment made by the Majority in 
 relation to the salaa'ies of '•' public officers on the civil list," is in the Code at 
 its proper place, page 228. See Addenda & Corrigenda, page 745. The 
 Faculty of the College do not fall under that designation.' 
 
 On pat,e 67, paragraph 1. As to census for apportioning Representatives 
 in the Legislature. The Code had it " an enumeration, &c., shall be made 
 in the year 18fc>9, and in the course of every t,enth year, &c.," following the 
 language of the old Copstitution. The Constitution was altered in 1861, 
 after this part of the 6ode was printed, and the Commissioner noted the 
 following amendment in his copy, but omitted it in the Addenda & Coj'ri- 
 genda, viz : " toaa made in the year 1859, and shall be made in the course, 
 '&c." This is exactly correct. The Majority amend the clause so that it 
 shall read, "an enumeration, &c., shall be made in the year 1869, and in 
 the course, &c.". 
 
 On page 70, paragraph 4. Election day changed since this part of the 
 Code was printed. The Majority note the change, and it is also noted in 
 the Commissioner's copy. 
 
 On page 71. -rn6 Majority insert, after paragraph 2, a paragraph which 
 is already in the Book at page 67, paragraph b. 
 
11 
 
 On page 88, paragraph 6. The Majority insert an enactment in relation 
 to Reports of Railroad Companies, which was' passed after this part of the 
 Code was printed, but is noted in the Addenda & Corrigenda^ to be printed 
 in its proper place. 
 
 In like mariner, on page 94, paragraph 5, the Majority insert a provision 
 in relation to annuitants, which is in the Book, at page 96, paragraph- 4. 
 
 Also on page 125, paragraph 2. The words, " in case of felonies," which 
 are in the Book, for the same object, at page 126, paragraph 3. 
 
 VI. In this class all, except those rendered necessary by recent legisla- 
 tion, are of comparatively small importance. 
 
 On page 25, paragraph 2. Tax returns of free persons of color. After 
 " free negroes," the words of the Statute " mulattoes and mestizoes," omit- 
 ted in the Code, arc restored. The omission was probably caused by the 
 opinion that such persons are embraced in the term " free negroes." And, 
 moreover, at page 33, the Code states that the terms " free negroes," and 
 " persons of color," are to be deemed convertible. To prevent all uncer- 
 tainty, however, it is perhaps better .to restore the words. 
 
 On page 43, paragraph 1. Exception to the requirement of vhite men 
 on plantations, extended to plantations whose owners reside in the vicinity, 
 and regularly perform patrol duty, according to the Act of 1842, omitted in 
 the Code. « 
 
 On page 55, paragraph 11. Ofl^ers appointed by the Grovernor. " Reg- 
 istrar of Births, &c.," struck out. * The office abolished .since the Book was 
 printed. The same remark applies to the ameuduents at pages 83, para- 
 graph 9, and 90, paragraph 3 ; and on page 98, paragraph 8, as to Licenses 
 to Itinerant Tradesmen.. 
 
 On page 57, paragraph 2. Date of Official Bonds. Independence of the 
 United States \)f America, changed to that of this State. The change ren- 
 dered proper by the secession of the State from the United States, since the 
 printing of the Book. 
 
 And on the same page, paragraph 5, the Code omits to state that the form 
 of pro6a(e %hall be endorsed on blanks for official bonds. The omission is 
 supplied. ^ 
 
 On page 58, paragraph 5. The Code requires that a surety shall be worth 
 the amount of the bond. The words of the Statute, the "amount for which 
 be offers ^imself," are restored. 
 
 On page 67, paragraph 3, Amended to correspond with th^ Constitution 
 of 1861, established since this part of the Book was printed. And the same 
 remark applies to the amendment on page 71, after paragraph 6. 
 
 On page 73, paragraph 6. Election of certain State officers. "Commis- 
 sioner of Locations" struck out.. Rendered proper by subsequent recom- 
 mendation of the Commissioner to abolish that office. 
 
On page 80, paragraph 9. Powers and duties of the Governor. He ia 
 President of the Board of CouiiuissioDers of Jthe Deaf and Dumb, and the 
 Blind. . Omitted here, though it is stated at page 238, paragraph 1. 
 
 On page 104, paragraph 3. Marginal title, "capitation tax," inserted. 
 
 On same page, paragraph 3. " At the present session or hereafter," un- 
 necessary, and properly struck out. 
 
 On page 129, paragraph 3. The form of* bond on appeal from judgment 
 of Justi€e"s Court, omitted in Code. Omission supplied. 
 
 On the same page, paragraph 6. Jurisdiction in cases of trover and de- 
 tinue given to the Board of Magistrates within the Parishes of St. Philip's 
 and St. Michael's, to the extent of twenty dollars, " between the inhalilan/s of 
 the said. Pa fishes." The words in ?7a//cs omitted in the Code, but the opin- 
 ion that they are implied, is probably correct. 
 
 This Report reaches only to the latter part of the Commissioner's first 
 volume. It was the design of the undersigned that it should contain an ex- 
 amination and classification of all the "amendments and alterations" made 
 by the Majority. But the time, since the last adjournment ot the Commis- 
 sion, has been insufficient for the full accomplishment of their intention. It 
 is believed that the remaining "amendments and alterations" are of the same 
 general character as those herein not'ced, and that enough has been brought 
 to the view of the Legislature to show that the Majority have not been happy 
 in appfohending the proper character imd style of a Code, or the spirit of 
 the distinguished author, whose work they have scrutinized with commenda- 
 ble industry. 
 
 If the Legislature think fit to postpone action on the subject, the under- 
 signed will avail themselves of the opportunity to submit a Supplemental 
 Report. Otherwise, they respectfully recommend the adoption of the follow- 
 ing resolution.: ' . 
 
 Resolved, That the Code of the Statute Law of the State, prepared by the 
 late Mr. Petigru, a^d the Reports of the Majority and Minority of the Com- 
 mission on the same, be referred to an Editor, to be appointed by the Legisla- 
 ture, whose duty it shall be to supply the omissions mentioned in this Report 
 and others of a like character in the remainder of the work, to incorporate the 
 additions and corrections in the body of the same, to number the sections or 
 paragraphs fpr the purpose of reference, and prepare a general index of the 
 whole. 
 
 Respectfully submitted, 
 
 . HENRY D. LESESNE. 
 ' WILLIAM WHALEY. 
 Columbia, November 28, 1864. 
 
18 
 
 At several preliminary meetings of the Commission, I expressed my ap- 
 proval of the plan o'^ the Code, and its execution. ' I now concur generally 
 in this Report, and recommend the adoption of the above resolution. 
 
 , B. F. PERRY. 
 
 Columbia, December 2, 1864. 
 
 •Note. — During 'the examination- of the Code, each member noted the 
 changes that were determined on in his copy of the Book. The writer was 
 hindered by illness from attending two meetings of the Commission, and the 
 foregoing Report was prepared from the onfy copy of the Book which was 
 accessible to him. It is now discovered that there are some discrepancies 
 among the several oopies. For example, the Chairman's does not contain 
 the change on piige 76, paragraph 16, above noticed, which occurs in 
 two. of the other copies. 
 
 The change on page 31, paragraph 4, noticed above under class I, belongs 
 properly to class II. 
 
 Mr. Perry having signed this rcpt^rt, as above, each of th*e reports is nojw 
 concurred in by three members — one by Messrs. Moses, Arthiirand Williams 
 — ;the other, by Messrs. Lcsesne, Whaley and I'erry. The remaiiiiug mem- 
 ber of the Colli mis-ion, Mr. Dawkins, is in ftivor of this report, or of the 
 resolution appended thereto, but declines signing it for reasons which he will 
 explain in his place. 
 
 Columbia, December 2, 1864. 
 
 JSoTE — One of the two members who noted the change on page 76, par. 
 6, explains that it was intimated to denote his individual recommendation, 4^/1 
 not the decision of the majority. 
 
 Columbia, December 3, 18d4. / 
 
peumAlife* 
 
 pH8.5