REPORT 
 
 OF THE 
 
 COMMISSIONER OF THE CODE 
 
 BOOK II 
 
PORTION OF THE CODE 
 
 OF 
 
 STATUTE LAW 
 
 OF 
 
 SOUTH CAROLINA. 
 
 SUBMITTED TO THE GENERAL ASSEMBLY, AS REQUIRED 
 BY A. A., 1859, XII, 762, §4. 
 
 BY 
 
 J. L. PETIGRU, 
 
 COMMISSION KR OF THK rODF 
 
 No. 2. 
 
 CHARLESTON: 
 
 8TF,AM-POWER PRKSBKS OF KVAN8 k COGSWKLL, 
 3 Broad and 103 KaMi Bay 8treet<. 
 
 i86r 
 
To THE Legislature: 
 
 The luidorsigncd hus the honor of submitting to your en- 
 lightened judgment, a report of his progress in the com])il:i- 
 tion of a Code of the Statute Law. lie regrets that tlie work- 
 was not sufficiently forward to enable him to lay his rejiort 
 before jow at tlie opening of the session. He hopes that 
 allowance will be made for circumstances which have deprived 
 the printers of their workmen, and himself of his assistants 
 A considerable portion of the third book has been retained in 
 manhscript, owing to scarcity of hands in the publisliei-'s 
 office ; and the absence in the camp of all those on wliose co- 
 oi)Ci'alion he depended, has retarded his own labors. The two 
 fu-st books now completed, comprise the legislation on th'> 
 ])(»iitical and civil organization of the State and the rights of 
 proi)erty. Nearly one hundred pages of the preceding report 
 have been reprinted, and incorporated in the present collec- 
 tion, to remedy defects of arrangement and compilcteness in- 
 cident to a new undertaking. It is hoped that few errors of 
 omi.ssion have been allowed to remain, and such as may b« 
 detected on a careful examination will be open to correction on 
 the completion of the work — which, it is hoped, will not l>e 
 protracted beyond the coui-se of another year. 
 
 The survey of the boundaiy line between this State and 
 North Carolina, whieh was confirmed in ]sir>, is necessary to 
 the completeness of our records. Copies proi>crly certified 
 iiave been obtained and deposited in the office of the SccVetary 
 of State ; and trusting to the implied sanction of the Legisla- 
 ture, it is hoped that the moderate exp«'nse incurred will bo 
 provided for. 
 
 It will be seen upon e.xaminatiou of the work, that few liber 
 tics have been taken with the sense of what has been enacted, 
 
exropt when called for by reasons of consistency ; and that 
 brevity and clearness of cxjiression have been sedulounl}- stud- 
 ied. The design has been to reduce the Statute Law to a brief 
 and readable compendium ; and if the object has not been 
 attended with success, it is onh' because the desire of the Edi- 
 tor exceeded his ability. 
 
 All which is most respectfully submitted by, 
 
 Your obedient servant, 
 
 J. L. PETIGRU. 
 
 December 10, 1801. 
 
INDEX. 
 
 Appeals : 
 
 Court of 458 
 
 Librarian of 465 
 
 Clerk and messengers of lb. 
 
 Assignee of Chose in Action : 374 
 
 Assignment for Payment of Debts : 
 
 Creditors entitled to appoint agents to act with the assignees. . . 506 
 The assignees to call a meeting of creditors for the purpose ... lb. 
 
 Duties of assignees and agents 607 
 
 Commissions 608 
 
 Attachment, Foreign : 
 
 Definition 375 
 
 Of the writ 376 
 
 Of the garnishee lb. 
 
 Of the assignee 377, 379 
 
 Of the declaration 378 
 
 Of the issue between plaintiff and garnishee lb. 
 
 Attachment, how dissolved and how prevented 379 
 
 Judgment lb. 
 
 Magistrates in Hamburg, their authority in proceedings lb. 
 
 Domestic attachment 380 
 
 When it issues lb. 
 
 Sheriff's duty 381 
 
 Proceedings in , 382 
 
 Attachments for sums within justice's jurisdiction lb. 
 
 Attorneys and Solicitors : 
 
 Qualification and admission 427 
 
 Graduate of a college, citizen of another State may be ad- 
 mitted on three years study and practice Ih. 
 
 If not a citizen or practising attorney, four years study neces- 
 sary lb. 
 
 Attorneys of Georgia or North Carolina admitted without 
 
 preliminary examination on the certificate of a judge. . .428 
 
 All attorneys and solicitors shall be sworn and enrolled, and 
 
 for malpractice may be struck off the roll Tb. 
 
 Banks 
 
 Not bound to pay part of a bill 804 
 
 No bills under one dollar to be i.ssued by any individual or 
 
 company except the Bank of the State lb. 
 
viii INDEX. 
 
 Clerk ok thk CorRT of Common Pleas and General Sessions: 
 
 Qualifi«ation 409 
 
 Bond lb. 
 
 Deputy 410 
 
 Duties, clerical 410 — 417 
 
 Duties, f>ni< ial 417 — 425 
 
 Penahieii for otTicial misconduct 426 
 
 Columbia : 356—361 
 
 Common Pleas and General Sessions, Courts of: 
 
 Juriwlirtion 368 
 
 Shall not hi^ar cases where the matter in dispute does not ex- 
 ceed twenty dollars 392 
 
 Circuits, districts Appendix. 
 
 Privilcpes of jniitors 370 
 
 Appeals from 869 
 
 Seals of office lb. 
 
 How held when two jndpes attend 370 
 
 How htl<l when court-house is burnt lb. 
 
 Special courts lb. 
 
 Power to change names 371 
 
 Practice 372 
 
 Process — How issued, how returnable lb. 
 
 To try title or q. c. f. served in any district, and 
 
 tried where cause of action arose 373 
 
 Apainst railroail, may be served on the president 
 in any district, and tried where cause of action 
 
 arose lb. 
 
 Writs of attachment, summons in dower, and par- 
 tition, to issue of course lb. 
 
 Final j)r{XH'SS returnable to the court from which it 
 
 issues, may be servetl anywhere 373 
 
 Service on executors gooil if served on those in the 
 
 State lb. 
 
 In all cases of joint contra<'t,s, service on those within 
 
 the State poo<i 374 
 
 Form of process lb. 
 
 No witness rc(iuired to .service of scire facias lb. 
 
 Process served after return-day pood for next term. .375 
 liail — None but transient persons to be held to bail for less 
 than thirty dollars sixty-one cents, nor without affi- 
 davit of debt 383 
 
 When not demandable of course, may be granted by 
 
 a judge, the clerk, or a conimi.ssioner of sj)e(i;il bail. . Fb. 
 May be had on same terms at any stage of the pro- 
 ceedings 384 
 
 Bail to sherifl' entitled to the rights and subject to the 
 
 liabilities of special bail lb- 
 
 Commissioners of special bail lb- 
 
INDEX. 
 
 IX 
 
 In what cases bail for dobt not due allowed 385 
 
 Exemption from, of persons on militia dutv 336 
 
 Persons called into service exempt from all process lb. 
 
 Proceedings before trial— Appearance due at the term to 
 
 which writ is retuniable 337 
 
 Declaration to be filed by the next term J}j_ 
 
 One month allowed «lcfen(Iant to plead lb. 
 
 In actions for land, survey may be ordered Jb. 
 
 Examiners may be ap))ointed to view the premises in dispute. . lb. 
 Commissioners to examine witnesses may be granted upon ten 
 
 days notice and affidavit 3^8 
 
 Trial— In actions on liciuidated demands, after an interlocu- 
 tory judgment, no proof necessary, but the case 
 
 shall be referred to the clerk 39O 
 
 On bonds conditioned for performance of covenants, 
 
 plaintiti" shall submit the condition to the jury lb. 
 
 Handwriting may be. proved without the attesting wit- 
 ness Tl^ 
 
 Under the general issue, evidence may be given to 
 
 show that the bond was void ab iniiii lb. 
 
 All disputes, except where the title of land is iu ques- 
 tion, where the amount does not exceed one hun- 
 dred dollar.s, shall l)e heard on petition, and jilaced 
 on the summary process docket, and tried without a 
 
 jury, unless desired by either party 392 
 
 On tlie call of the sunnnary j)rocess docket, no proof 
 of handwriting required, unless defendant denies 
 
 the signature on oath Jb. 
 
 No costs, where the verdict is under tliirteen dollars, 
 except where the right of projierty is in dispute, in 
 
 which case four dollars shall carry co.«ts lb. 
 
 Xo abatement after interlocutory judgment 393 
 
 Nor after death of joint plaintiif if action survives. . . lb. 
 A bill of exceptions may be tendered before verdict, 
 
 and if correct, shall be signed by the jud-je 302 
 
 Judgments— Powers of attorney to confess before action 
 
 brought, void 303 
 
 All judgments bear interest lb. 
 
 No lien beyond the district in which it is entered 
 
 up, except where execution is lodged lb. 
 
 Judgments before clerk 394 
 
 Lien of decrees on sum. pro lb. 
 
 Satisfaction 421 
 
 Executions— May issue within three years after signing judg- 
 
 rai'»t 396 
 
 Articles exempt from lb. 
 
 .SJiall Ihj rcturnAblc iwcording to law lb. 
 
 Shall run four years lb. 
 
 R 
 
%• INDEX. 
 
 Duty of <oroner or shoriiT as to returns of 397 
 
 May be exefut«<l l)_v a pi'i-son appointed by the 
 
 tourt 39K 
 
 Judicial Sale* — TLo associate judge? of the court of coranion 
 picas to direct tin- places where slierifT 
 
 shall sell |)roperfy taken in execution 40.*» 
 
 All sales to 1h' on the first Monday and Tues- 
 day of omh mouth, between 11, A. M., and 
 S, p. M., in Charleston ; in other plat-es be- 
 tween II. A. M., and j. p. M lb. 
 
 Mort;iai:til property to be sold at the same 
 limes and places lb. 
 
 COTRT OK SKSSION8: 
 
 At the first term the pris<mer m.Tv demand trial. If not 
 indicted at the s('<-ond term, he shall be bailed : and if 
 not tried at the next term. <lischar<xed 4U6 
 
 Challenpes allowed lb. 
 
 Copy of indictment an<l benefit of counsel to prisoner lb. 
 
 Al!«o ]»rwe«« for witness<'s 407 
 
 Not recpiired to app<*ar in person bofi^re thi' court of appeals. . lb. 
 
 Not to Ix" detained for fees lb. 
 
 No habea.'< «'orpU8 necessary to bring jjrisoner into court as a 
 
 wilnefls lb. 
 
 Duty of the elerk as to execution*, ete lb. 
 
 Of c(uit«'inpt8 in presence of the court lb. 
 
 Of rea<ling over the daily entries lb. 
 
 C0MMI8810NKK IN Equity: 
 
 In districts where there is no master, his duties, rights timl lia- 
 bilities devolve on tlie commissioner in ecjuity 444 
 
 How elected lb. 
 
 Commissioner in ecjuity shall give bond in twenty thousand 
 
 dollars '. lb. 
 
 Pra<tic» — Gcner.d rules 44.*) 
 
 PrfK-ess 446 
 
 Plea, answer or «Ien>urn r 44 7 
 
 ' c 
 Sul»se<iiicnt pHK-eedings lb. 
 
 Testimony 44H 
 
 InjtnK-tions 449 
 
 Decree* 4;il 
 
 Api)eaU lb. 
 
 Final process . ' lb. 
 
 Costs 4 ■")2 
 
 CoMMIS8IO.NK.RS: 
 
 To ajiprove securities ... 28G 
 
 To take proof of deeds lb. 
 
 llow appointi'd and commimioood lb. 
 
 Their powers lb. 
 
INDEX. XI 
 
 Common Law: 
 
 Estates of inheritance not afiected by Stat, of Westminster the 
 
 Second 479 
 
 Tenures lb. 
 
 Warranty of tenant for life without assets, void. Jit K-:t.JlC>?iilW 
 Collateral done away .-.Cvi'} lb. 
 
 Contracts: 
 
 Parol lea.«es shall have the force of estates at will only 510 
 
 No leases or estates of freehold shall be granted or assigned 
 
 by parol 511 
 
 No special promises in the specified cases binding, without 
 
 some memorandum thereof in writing lb. 
 
 Nor contract for sale of goods of the value of fifty dollars or 
 
 upwards, without delivery, earnest or writing Ih. 
 
 Nor contracts for sale or purchase of slaves lb. 
 
 No trust of real estate, except resulting trusts, created or 
 
 assigned, without writing 512 
 
 Estates pur auler vie devisable Tb. 
 
 Judgments bind from date; fi. fa. from delivery to the sheriff . lb. 
 Parol gifts lb. 
 
 COKPOKATIONS, MUNICIPAL: 
 
 Who are corporators, and how governed 297 
 
 The intendant and wardens, how elected lb. 
 
 The charter-day lb. 
 
 Qualifications of voters lb. 
 
 Of lutendant and Wardens, their powers 2(tH — 300 
 
 Cross Roads on Charleston Nkck, Commissioners ok: 
 
 Election, organization '.\ .'. .' 212 
 
 Clerk and treasurer, his bond, compensation. lb. 
 
 Marshal, duty of board to report 213 
 
 Assessments lb. 
 
 Powers 214 
 
 Justices of the jieace ex-ofllcio lb. 
 
 Exemption from militia duty lb. 
 
 Qualification of commissioners Appendix. 
 
 Cuts, Commissioners of: 
 
 The scope of their authority 214 
 
 How appointed 2M> 
 
 Fines for refusing to serve lb. 
 
 Their duties lb. 
 
 Jurisdiction over laljorers and inhabitants 216 
 
 Penalty on defaulters 217 
 
 May let out the work and lay a-ssessments 218 
 
 Duty of tax collector in respect of assessments lb. 
 
 Fines, how eollecteil lb. 
 
 Dams : 
 
 llegulation of them in rice fields ,....«.«•..• 261 
 
xn INDEX. 
 
 Deak, Di'Mit AM) Hlind: 
 
 Trm<tcos of 2.T 7 
 
 Deer : Si-i- Game Lawn. 
 
 Deutob and Cueditor : 
 
 Rights of creditor against heir and <lt'vis«'p .i08 
 
 Interest at 7 per cent lb. 
 
 Beyond 7 per cent., usurious lb. 
 
 Interest allowed on tlie whole sum reeovered on judgment. . ..")09 
 
 Borrower goo<l witness to prove usury lb. 
 
 ^o interest allowed on usurious demands lb. 
 
 Recovery without costs lb. 
 
 L)E LA Howe: 
 
 I Trustees of his charity 245 
 
 Dower : 
 
 Married womnn eloping, not entitled to 496 
 
 Nor to thirds in real estate of husband .'Jl 7 
 
 Not to have dower and jointure too 4 96 
 
 Nor thirds and dower 517 
 
 How dower may bo renounced 488 — 191 
 
 If evicted from jointure, right to dower revives 496 
 
 Jointure after marriage may be waived lb. 
 
 Writ of admeasurement of dower and proceedings 495 
 
 Return, division into lots, and if division into lots be impracti- 
 cable, a sum to be assessed to the widow in lieu of dower. lb. 
 
 Surveyor may be calletl in 496 
 
 Dower forfeited by adultery of wife lb. 
 
 The value of land at the time of alienation by the husband 
 
 and interest, the mea.sure of widow's dower 496 
 
 Drainage: 
 
 Associations for draining swamps iiuorjioralcd 258 
 
 Their privileges lb. 
 
 May take private pro})crty, paying for it 259 
 
 ( Individual allowed to drain through swamp at his own expense . lb. 
 
 Eminent Domain : 484 
 
 Escheator: See Lands. 
 
 Equity, Court of: 
 
 Shall consist of three judges, styled clianci'llors ; their elec- 
 tion, salary and oath of oflice 429 
 
 Circuits, duties of chauecllors 430 
 
 Suitors may do their own business 4.31 
 
 Court always opeu, and any rules may be uiade iu vacation.. . lb. 
 The solemn hearing of causes in the several districts on the 
 days aj)j)(iiiite(l by the legislature at the court-houses, or 
 if the court-house be burnt, iu a neighboring building ... lb. 
 
 Special courts r ■ • • ^ 
 
 Jurisdiction extends to all subjects 6f equitable cognizance . . .432 
 
INDliX. 
 
 XIU 
 
 In quL'stions of la'w, e(iuity shall follow tho law lb. 
 
 May hear applications to change name lb. 
 
 Shall hear appeals from ordinary which relate to accounts lb. 
 
 Eruorm, Court ok : ^^„ 
 
 ESTATKS OF InIIKKITANCK : 
 
 Not aft'ected by Stat. West. 2 479 
 
 ESTRAY.S : 
 
 May be taken up In- any freeholder 256 
 
 To be first advertised by the taker lb. 
 
 Then tolled and advertised by the justice lb. 
 
 If no owner appears, to be sold 267 
 
 Duties of justice and clerk Jb. 
 
 Evidence: 
 
 Commissions to take evidence from abroad, how executed 388 
 
 Fences : 
 
 Lawful fence defined 270 
 
 Every planter to keep his stock from breaking lawful fence. . . lb. 
 
 Cattle trespassing may be distrained 271 
 
 Penalty for injuring cattle for trespassing on a field not en- 
 closed by lawful fence Jb. 
 
 Fish : See Game Laws. 
 
 Fire Hunting : See Ganu* Law.s. 
 
 Fbaudulent Deeds: 
 
 Deeds to hinder or delay creditors or purchasers, void .510 
 
 Penalties on those setting them up - lb. 
 
 Conveyances with power of revocation void against creditors 
 and subse<|uent purcha.sers lb. 
 
 Free Schools, Commissioners of: 
 
 Organization of boards 21 X 
 
 Annual meetings on fourth Monday in January, and quarterly 
 
 meetings on fourth Monday in April. July and October . .220 
 
 Treasurer's bond and duties Jb. 
 
 Secretary, his duties . jb 
 
 Three hundre<l dollars annually ajiprojiriatcd to ca.li s<iir>ol . .221 
 
 One commissioner and three trustees to every wbool lb. 
 
 One school to every member Jb. 
 
 No school tinless inhabitants supply school-hounc lb. 
 
 Schools may l)e removed from one part of the di!>itnct to 
 
 another jjj 
 
 Branches taught 222 
 
 Oj)en to all, but preference to orphans and ehildrpti of indi- 
 gent ])arent« Jb. 
 
 Powers of coinmis*iinner« ||, 
 
 Teachers to undergo examination. . . ... lb. 
 
 Probationary teachers ... lb. 
 
 Regulations peculiar to St. Philip and St. Micha*! 25W 
 
xiv rxDKX. 
 
 Commissionprs may lay an assi'Sgrnent of thirty per cent, on 
 
 till' giMHTcil tax II). 
 
 Tlieir juri.<dirtion Ih. 
 
 Normal school lb. 
 
 Mutual flutit'8 of connnissioners and the treasurer 225 
 
 Rtturtis to lie matlo lb. 
 
 IVnaltit'.-i for refusing to serve 224 
 
 For ncgk-ctinp to attend lb. 
 
 For abuse of power lb. 
 
 For not niakiup returns lb. 
 
 For not aecountinp for money lb. 
 
 See Lauds, vacant. 
 
 Game Laws : 
 
 No doe or fawn to be killed between 1st January and 3lBt 
 July, nor buck between Ist September and la.st Friday 
 in October, nor between 1st March and 3()th April 265 
 
 Penalties, how recovered lb. 
 
 Proviso in favor of persons in want of meat lb. 
 
 Saving in favor of any person hunting on his own land lb. 
 
 Fire hunting 2G7 
 
 Hunting on land of others more than seven miles from home 
 
 forbidden 268 
 
 Nonresidents forbidden fnini liunting II). 
 
 Fish not to be poi.soned 269 
 
 Nor taken out of another's trap lb. 
 
 Not lawful to fish within eighty yards of a ])ublic dam lb. 
 
 Fine of one hundred dollars for obstru<!ting fish sluice lb. 
 
 (lEOBGETOW.N : 344 — '^f)\ 
 
 Gifts. Parol : 512 
 
 guakdians: 
 
 To account annually, and furnish a complete schedule and be 
 charged with all sums detained more than si.x months as 
 
 defaulters 440 
 
 Chancellor may order any balance in guardian's hands to be 
 
 invested forthwith lb. 
 
 Uawkkks an'u Pkdlkks: 
 
 No person shall follow the business without a license 268 
 
 License granted by the boanl of commissioners of roads lb. 
 
 To none but a citizen a resident, and if a man a voter; not 
 a.ssignable nor confer any privilege beyond the district or 
 parish lb. 
 
 Pedler must produce his license when required by a justice 
 
 of the peace ; consequences of refusal 209 
 
 Transient dealers to make returns lb. 
 
 Not to prevejit free sale of corn, peas and grain in Charles- 
 ton, nor merchandize in any jtublic market 210 
 
 HujfTiNO — By nonresidents: See Game Laws. 
 
INDEX. XV 
 
 I]UhBANI> AND WxKK: 
 
 A married woman may ajjpoint an attorney tio prosecute her 
 claim to land or any othi-r action, and the Imsband shall 
 have no power to discontinue or release without her con- 
 sent in o])en court 278 
 
 No married woman shall be ontitletl to the rights of a sole 
 trader without publishing notice, which shall include the 
 name and jirof'cssion of her husband. If there is no 
 newspaper in the district, the notice must be posted at 
 the court-house door and in two other places of ])ubjic 
 resort in the district «... .279 
 
 Sole trader may sue and be sued, naming the husband for 
 
 conformity lb. 
 
 1nti:statks' Estates: 
 
 Primogeniture abolished, estates of which the deceased had 
 
 a beneficial interest, distributed as follows CAH 
 
 Between widow and children: one-third to widow, two-thirds 
 
 to children lb. 
 
 Representation unlimited in the descending line lb. 
 
 Between widow, father and brothers and brother's children : 
 widow one-half; father and brothers and brother's chil- 
 dren the other ; mother in father's place if he be dead . . . lb. 
 
 Children of brother or sister of whole blood represent the 
 parents, but no representation among collaterals beyond 
 the second degree lb. 
 
 Between half brother and nephews, distribution per capita... ..516 
 
 Between widow and ancestor, in moities 517 
 
 Between widow and more distant kindred: two-thirds to 
 
 widow, the rest to next of kin lb. 
 
 Widow's share in lieu of dower ; if shv has forfeited her 
 dower, shall also forfeit her distributory share of her hus- 
 l)and's land lb. 
 
 In reckoning the degrees of kindred computation begins 
 with intestate, continued through rommon ancestor to 
 claimant lb. 
 
 If intestate leave no widow, father or mother, their shares go 
 
 as the rest lb. 
 
 Married woman's estate distributed by same rules lb. 
 
 If she leave no husVjand, his share goes as the rest 51 M 
 
 The estate by the curte.'!)- al»olished lb. 
 
 Real and i»er?onal distributed alike lb. 
 
 So estates pur auter vie and for years lb. 
 
 Portions advanced to be brought into botch pot lb. 
 
 After-accjuired lands shall not pa,ss, unless the will be repub- 
 lished lb. 
 
 Estates in joint tenancy disfributabli •''•19 
 
 No escheat if husband or wife b<' left lb. 
 
 Alien widows entitled to the widow's share lb. 
 
XVI INDBX. 
 
 The estate of a niore tnistot- desconds according to the com- 
 mon law Ih. 
 
 A posthumous (rhild shall take undtr a limitation to children. .520 
 
 Natural-born citizens may inherit throii<rh an alien lb. 
 
 Itinerant Sai.ksmkn, ktc: 
 
 Itinerant salesmen required tn take out lieense from one of 
 
 the treasurers 21 <i 
 
 I'enalty for infraetion of the law III. 
 
 Conditions on which sueh license pranted lb. 
 
 Account of all such licenses to be kept 217 
 
 Insolvknts and Poor Prisoxkr.-* : 
 
 Entitled to the benefit of the jirison rules ."J'.tH 
 
 Sureties for the rules ■'^I^I' 
 
 Forfeiture of tlu' privilejre lb. 
 
 Insolvent debtor may surrender his property in diseharpe of 
 
 his debts on petition and notice lb. 
 
 His oath 400 
 
 Articles allowed him lb. 
 
 As.si<rnment and its effects 401 
 
 Duty of assignee lb. 
 
 Persons excluded from tin- l)enefit of the insolvent's oath 402 
 
 Opposed by creditors, how tried 403 
 
 Penalty in ca.se of conviction lb. 
 
 Poor Prisonkrs : 
 
 May file a schedule and move for summons 40i 
 
 Pro])erty in schedule assigned and prisoner enlarged if no 
 
 opposition lb. 
 
 Of trial in case creditors oppose (lie discharge 10') 
 
 Effects of discharge lb. 
 
 Joint-Stock CoMPAMiis : 
 
 How organized, scale of voting 311 
 
 Elections -513 
 
 Joint Contracts •"^"4 
 
 Joint Tenant.s and Tknants in Common : 
 
 Compelled to make partition 4!>2 
 
 Death of joint tenant severs the joint tenancy lb. 
 
 Proceedings in partition where lands or negroes are held in 
 
 joint tenancy 11^- 
 
 Tenancy in common or coparcenary lb. 
 
 Writ of partition to five commissioners 493 
 
 A sj)ecial return in case the estate cannot be divid(^d lb. 
 
 Sale for partition to be made by sheriff or master lb. 
 
 Commis.sions in nature of writs of partition may be granted by 
 master, subject to the approval of the court lb. 
 
 Judiciax> Dicpartment — Judges : 
 
 The judicial power vested in such superior and inferior courts 
 
 of law and ecpiity as the legislature may direct 3(j(; 
 
INDEX. xvii 
 
 Judges of'eacli to hold during good behavior lb. 
 
 Qualification, election 367 
 
 Not to leave the State, salary 368 
 
 Law judges' power at chambers 389 
 
 JcuiKS : 
 
 Their power and dignity 457 
 
 Qualifications Ih 
 
 Exemptions from jury duty lb. 
 
 Organization 4^8 
 
 Challenges 462 
 
 Compensation 463 
 
 Fine for neglecting to serve 464 
 
 AMiere the term exceeds a week, jurors to be drawn for every 
 
 week 464 
 
 AVho liable to serve in the city court Tl). 
 
 Lanpi.ord and Tenant: 
 
 Replevin bond shall bind the parties for payment of the debt, 
 
 as well as the return of the goods 497 
 
 PlaintiflT shall declare in one month lb. 
 
 Defendant may avow or make conusance generally lb. 
 
 Further ])roceedings 498 
 
 Parol leases Jl,. 
 
 Leases foi more than three years to be recorded lb. 
 
 Tenant holding over may be ejected by justices and free- 
 holders lb. 
 
 Tenants shall forfeit lease by waste 500 
 
 Lani).s : 
 
 Waste or vacant, and escheated and derelict property, shall 
 
 be appropriated to edu<ation 480 
 
 Commissioners of free schools re<juired to take care of the in- 
 terest of the public in such lb. 
 
 Duty of attorney-general and circuit solicitors lb. 
 
 Inquisitions of escheat and vacancy lb. 
 
 May be traversed 481 
 
 Costs of the traverse to the victorious party; appeal lU 
 
 Final judgment, sale, etc lb. 
 
 Oflice of locator and esdieator abolished Tb. 
 
 If trust fails for want of cestui que trust, land escheats 428 
 
 Real estate assets for payment of debts Tb. 
 
 Ivand covered by water lb. 
 
 (irants for land on SullivanV island, or any land appropriated 
 
 to public use, void lb. 
 
 Possession five years before 4th July. 1 77fi. n good title lb. 
 
 (irants good without great seal lb. 
 
 Obtained by deception, void Ih. 
 
 Land ok thk CATAwnAs: 
 
 Note on derivation of title . .48.1 
 
 Grants to be issued to lessees 484 
 
XVlll INDEX. 
 
 Eminent Domain — How to proceed •when private property i« 
 
 to be taken for publie use U». 
 
 Petition to be fileil. ami notii-e to tlie opposite party 48o 
 
 Tlie eourt, or a judjre in cliambers. to hear petition; and. if 
 
 satisfied, to a]>point conimissioiu rs to value tin- property. . Jb. 
 Commissioners, tin- principles on which they are to proceed. . lb. 
 
 Their return if a<-quios<-ed in, to be confirmed 486 
 
 If either party desire it, a trial by jury to be pranti?d lb. 
 
 , Security to be piven by the petitioner if he appeals, in wliiih 
 
 case the appeal shall not suspend the work lb- 
 
 Locations, Commissioxku ok: See Lands. 
 
 Main Roads, Commissioxkks of on Chari.kston Nkck : 
 
 Oripin of the Hoard 211 
 
 How appointed lb. 
 
 Their power*' and duties lb. 
 
 Mandamus: 
 
 May 1h' prantcd at clianibers 3«'J 
 
 MASTKK and Al'I'KKNTICK : 
 
 How inlunt may be bound '2\)0 
 
 Indenture may be assigned lb. 
 
 Complaints to be heard by two justices of tiie peace, with 
 
 appeal to the judge 20"J 
 
 The binding of paupers and bastards belongs to commissioners 
 
 of the poor lb. 
 
 Military Schools: 
 
 Organization 221i 
 
 Hoard of visitors, their authority lb. 
 
 'J'lie schools at the arsenal in Columbia, and citadel in Charles- 
 ton, to constitute the South Carolina military academy. . .230 
 
 The officers and students to constitute the battalion of State 
 
 cadets lb. 
 
 Graduates eligible to any commissioned office in the military 
 
 organization not higher than colonel 231 
 
 MoXKY : 
 
 Money of account ; consists of dollars, dimes, cents and 
 
 mills • Appendix. 
 
 MoUTGAGKS : 
 
 Mortgagee not entitled to possession while the mortgagor is in 
 
 piissession 504 
 
 ^■, May take a release of the eijuity of redemption lb. 
 
 ,f| Sale oi" mortgaged property under judgment, at suit of mortga- 
 
 gee 
 
 .505 
 
 Discharged by entry of satisfaction lb. 
 
 First recorded mortgage to have priority lb. 
 
 Double mortgages lb. 
 
 Of poods delivered fb- 
 
INDEX. XIX 
 
 Time of redemption lb. 
 
 Sales, whore made lb. 
 
 NoitMAL School : , 223 
 
 Ordinary : 
 
 Mode of appointment and (lualification 4fi.') 
 
 Powers and duties 4fifi — 1 73 
 
 Penalties 473 
 
 Partition: See Joint Tenants. 
 
 Parent and Child: 
 
 The father ])y his will, e.\ecutc<l, in presence of two wit- 
 nesses, may appoint a puardian, who shall have all the 
 powers of a guardian in .socage 278 
 
 Partners : 
 
 How sued when absentees are partners 2"2 
 
 Limited partner.'ships allowed lb. 
 
 How constituted lb. 
 
 The memorandum to be signed 273 
 
 Affidavit to be made lb. 
 
 Memorandum and affidavit to be copied into a register by llu- 
 clerk of the district, and entered in a register in every 
 district in which the partners trade lb. 
 
 Publication to be ma<lc 274 
 
 Ceremonies at every renewal and every alteration lb. 
 
 General partners to manage lb. 
 
 Names of the special partners not to appear lb. 
 
 What special partner may do 27.j 
 
 Liabilily of the partners to the public and one another lb. 
 
 Partners shall j)ost the names of tiie firm at the door 27* 
 
 Pilots : 
 
 To be licensed, kinds of licen.se 28H 
 
 Duties of pilots 2H9 
 
 Powder Kf.ceivkr and Arsenal Keeper: 29.1 
 
 May be removed by the governor Apj>cndix. 
 
 Poor : 
 
 Five commissioners of the poor for each election district to 
 be elected by the voters for member.'* of the general a--- 
 
 sembly, and at the same time 1 74 
 
 Special authorities for the care of the poor 1 75 
 
 To appoint secretary and treasurer . . ... lb. 
 
 Duties of rb- 
 
 Jurisdiction of the commis.sioner9 176 
 
 ]\Iay lay assessments 177 
 
 Shall report to the court of common plra.« at fall term, an- 
 nually I • ... 1 78 
 
 Reports to be published ... lb. 
 
 Penalty on treasurer for r)mitting to publi.«ih — ........ lb. 
 
XX INDEX. 
 
 Fines on ooinmissioners for refusal tn serve or neplect 17!' 
 
 How recovered lb. 
 
 A resident for twelve months in a parish to he considered an 
 
 inhabitant 281 
 
 If it is fi'ar«'(i that a jwrson comiiiir into a parisli will hecome 
 
 chargeable, he may be returned to the jiroper parish lb. 
 
 Lame ami im]iotent ])er8ons prohibited from entering the 
 
 State 2H'2 
 
 Penalty on masters infringing this regulation lb. 
 
 Exceptions lb. 
 
 Poor sick persons resortingf to Charleston for assistance of 
 
 physicians, how cared for 2X2 
 
 May sue in forma pauperis 283 
 
 For authority of commissioners to bind out orphan children 
 
 with consent of the next friend, and children of paupers 
 
 and dissolute jioor independent of such consent. See 
 
 appendix. 
 
 Presidkxt ani> Dirkctohs ok thk Bank ok tiik State ok Soitii 
 Carolina : 
 
 Twelve directors and a president 24 7 
 
 Salary of the president lb. 
 
 Jioard of directors, appointment and term of service 248 
 
 Qualification and security 249 
 
 (Quorum, yeas and nays 250 
 
 Branches 251 
 
 J'owers lb. 
 
 To furnish information Appendix. 
 
 Not to subscribe to railroads, etc., without leave." lb. 
 
 Prohiiution : 
 
 May be granted at chambers 389 
 
 Physicians AND Apothecaries: 
 
 No person cpialified to j)ra(ti<c witliout a diploma 293 
 
 The medical college authorized to grant licenses to apothe- 
 caries lb. 
 
 Thompsonian jjractitioners, who are graduates and confine 
 themselves to Thompsonian practice, may sue for their 
 fees lb. 
 
 Physicians' fees for post-mortem examinations 204 
 
 Quarantine: 
 
 Duties of governor, city co\in"il ami jjort ])liysi(ian 252 
 
 Duty of pilots 255 
 
 Fines and penalties lb. 
 
 Quo Warranto: 
 
 May be granted at chambers 389 
 
 ]B,AlLROAD.s : 
 
 To be organized as charter fliay direct; where charter is silent, 
 
 according to the rules of joint-stock companies 300 
 
INDEX. XXI 
 
 Powers of president and directors lb. 
 
 How to proceed when lands arc to be adjurlicatcd 301 
 
 The road bed lb. 
 
 Penalties for injury to railroad 302 
 
 Ciiarters liable to modification 304 
 
 Previous notice of apj)lication required lb. 
 
 Recording : See Mortgajres. 
 
 Regei^ts ok Lunatic Asylum: 
 
 IIow elected 239 
 
 Their powers and duties 240 
 
 Lots vested in them lb. 
 
 Lunatic or no lunatic, how tried 241 
 
 Admission to asylum 242 
 
 Stipendiai'y patients Ih. 
 
 Pauper patients 245 
 
 Strangers lb. 
 
 Negroes lb. 
 
 Register in Equity: 
 
 Grant orders for taking bills pro confesso or attachment for 
 
 not answering, rule for publication 433 
 
 Shall file all bills, etc., lb. 
 
 Attend the sittings of the court 434 
 
 His clerical duties 434 — 436 
 
 Shall not practice law 437 
 
 In all the districts except Charleston, the commissioner in 
 
 efpiity shall discharge the duties of regi.ster 437 
 
 Master in P2quity: 
 
 Elected by the legislature for four years 437 
 
 Two masters in Charleston, ea<h to give bond in thirty thou- 
 sand dollars , lb. 
 
 Governor may appoint, in case of vacancy, until election by 
 
 legislature lb. 
 
 Office to be kept where courts are held lb. 
 
 Shall attend the sittings of the court 438 
 
 Authorized to grant all motions of course lb. 
 
 May make orders of reference lb. 
 
 May appoint guardians lb. 
 
 May grant injunctions lb. 
 
 Mav grant writs of partition 430 
 
 Take depositions lb. 
 
 Compel attendance of wiliii!Sses lb. 
 
 Attendance to examine witnesses shall be considered as a 
 
 reference .140 
 
 Shall call guardians to account . ... lb. 
 
 Report on the state of their accouuU*. and whether they arc 
 
 indebted to their wards lb. 
 
 Shall make an annual report of funds in their hands lb. 
 
 Shall deposit all money of suitors in Bank of the State 441 
 
XXll INDEX. 
 
 His clerical duticjs 4-13 
 
 Shall enforce bettlcment on his prtileci'si«or lb. 
 
 The duties of master to l»e enforced on the. comuiis.sionei-s in 
 
 equity 444 
 
 Rkoistku <»k Mk.snk ("onvkyancks: 
 
 Manner of appointment 4 74 
 
 Duties 4 75 
 
 Registuak ok Births, Dkatiis and Makuiauks: 
 
 Ajipointment ami dntien '2H4 
 
 Duties of other oflicers 295 
 
 Rknts: 
 
 Distress lies where rent is certain 500 
 
 Wiiat may l)e taken lb. 
 
 ^lay be sold if not replevied lb. 
 
 Proceedinjrs in distress 501 
 
 In ease of fraudulent removal lb. 
 
 Action for use and occupation 502 
 
 Proceetliiijifs w»'re i)reniises are dcscrti'd lb. 
 
 llemedies against tenants holding over 503 
 
 Persons sued for distraining may plead the general issue lb. 
 
 Shall not be deemed a trespasser ah initio Tb. 
 
 In St. Philip and St. Michael, no distress without warrant. . . .504 
 No goods or chattels on any promises held in lea.so. shall be 
 taken in execution till the monc}- owing to the landlord 
 not exceeding one years rent he ilnst paid Appendix. 
 
 Rkportku : 45«? 
 
 RiVKRS : 
 
 Penalty for ob.«tru(tiiig 264 
 
 Authority of commissioners to improve rivers lb. 
 
 KoADs, Bridges and Fkrries, Com.missioxers ok : 
 
 Organization 1 79 — 183 
 
 Fine for refusing to serve 183 
 
 Fine for neglect of duty lb. 
 
 Di.s.«olution of board by neglect 184 
 
 Number required for a (piuruni in certain jjarishes lb. 
 
 Duty to report annually lb. 
 
 Penalty for neglect 185 
 
 Saving of the commoti law and statute, remedy for suppression 
 
 of nuisance lb. 
 
 Power to punish for contempts lb. 
 
 Every board entitled to coi)y of acts 186 
 
 No dinners at public expense lb. 
 
 Jurisdiction over roads 18G — 191 
 
 As to assessments 191 
 
 New roads not to be established unless sanctioned by tlicm. ... 192 
 
 Nor oi)cned by them without authority lb. 
 
 Old roads, their authority as to lb. 
 
INDEX. 
 
 XXlll 
 
 Discontinuanro of roads j. 
 
 New Imdgvs over ditehes and canals 193 
 
 Powei's jin.I duties as to tlio preservation of roads .19.3—196 
 
 Jurisdiction over owners of l)rid{re.s and ferries 197 198 
 
 Tolls and turnpikes ' L 
 
 Exemptions from tolls 2oi 
 
 How to proceed wi.en turnpikes, toll l.ridges or ferri.-s are out 
 
 o*' "'••''''• 202 
 
 ruiiislinu lit for injuries to roads, et<' Jb 
 
 Savin<r the remedy by indictment 203 
 
 Juri.sdietion of «-ommissioncrs over retailers and billiard tables. lb. 
 
 Savnijr in favor of distillers 205 
 
 Over tavern keepers '.'.'.'.'.'.'..'. i!0o-208 
 
 Over hawkers and j)edlers 208 
 
 If any tavern keeper shall sell licjuor on credit he shall be 
 disabled from suing for the same, and any .security taken 
 
 for the debt shall be null and void ." " 208 
 
 No person shall travel as a hawker or pedler without a license. "lb. 
 
 License in the power of commissioners of roads -21 o 
 
 Price of license, and penalty for dealing without license lb. 
 
 Satisfaction: 
 
 Entry of satisfaction on a mortgage, discharges the same with- 
 out a reconveyance -,,- 
 
 How to ))rocure satisfaction on judgments or decree 42;i 
 
 Skamen : 
 
 Not to contract debts 2Sj 
 
 Entitled to certificate, when ]l, 
 
 Penalty for employing without jl, 
 
 Deserters, how dealt with jl, 
 
 Harboring .seamen 28" 
 
 Certain persons prohibited from going on board vessels in har- 
 
 ^o'' 28« 
 
 Such persons may be arrested |j, 
 
 Kidnaj)ping j. 
 
 Witnesses may be examined 28 7 
 
 In trials for ofTcnces in relation to .seamen, no traverse allowed . lb. 
 South Carolina Colleok: 
 
 Trustees, official and unofficial— the latter elected by the legis- 
 lature for four years 226 
 
 The stated meeting, Wednesday after the fourth Monday in 
 
 November 227 
 
 Their powers [^ 
 
 The head of the college, president, ma^^m, profonnors : jiro- 
 
 fessor not eligible as trustee 22H 
 
 Faculty, their powere jj, 
 
 Expulsion of students J]^^ 
 
 Lots ceded to the college lb. 
 
 Beneficiaries, appropriation for 22* 
 
XXIV INDEX. 
 
 Tit'r»«jjrer. his duty lb. 
 
 AutlioriJy of'tlh* board to <oinjH>l att«'nilanri' of witnesses .... lb. 
 
 SUBKTIKS : 
 
 Ilipht to be substituted .509 
 
 Tknant I ok Likk a.M) Kkmaindkhman : 
 
 Any person having an interest after the death of another enti- 
 tled to the aid of tlie court, to asn-rtain if tliat other be 
 livinj; 494 
 
 A chancellor may j^rant an order that the j>er!«)n named pro- 
 <luce the individual Fl). 
 
 ll' the order hv (lisrejiarded, rule to issue lb. 
 
 If the rule be disrepardefl, the party shall be taken to be dead . lb. 
 
 Commission may be sent abroad at expense of claimant lb. 
 
 If the party entitled for life be livinj;, complaint dismissed, 
 
 witli costs 495 
 
 Tenurks: 
 
 By what, lands are held in this State 4 79 
 
 Trespass to thy Titi.k.s : 
 
 Rules of proceeding in 391 
 
 Tkovkk: 
 
 Im actions of, security for the safety of the proj)L'rty as well as 
 
 bail 384 
 
 Adidavit to obtain security lb. 
 
 IJoiid to be given by plaintifl' 385 
 
 Alti'rnative verdict lb. 
 
 Uses and Tictisrs: 
 
 When one pennon stands seised to the use of another, the 
 
 party entitled to the use shall be seised of the estate 48G 
 
 If several be seised to the use of one, the seisin shall be in 
 
 the one lb. 
 
 If one person be seised to the inti'nt that the rent be paid to 
 another, the party entitled to the use in the rent shall 
 be deemed as seized of the rent, and may distrain in his 
 own name 487 
 
 AH estate, real or personal, held in trust, may be sold by 
 sheriff under exeeution against him entitled to the trust, 
 and be assets for payment of his debts, and not liable for 
 debts of trustee lb. 
 
 Usl'UY: See Debtor and Creditor. 
 
 Wakuan lY : 
 
 Of tenant for life without assets, void 4 79 
 
 Collateral done away with lb. 
 
 What is covered by the general warranty 491 
 
 Weights and Mi;asi'I{i:s: 
 
 Standard to be kept in the treasury in Charleston 314 
 
 Governor shall furnish the clerk of every district with a set. . lb. 
 
INDEX. XXV 
 
 Wills : 
 
 Shall W iu writing; shall not be revoked but bv writing or 
 destruction ; shall be executed in the presence of three 
 witnesses; and any legacy or i)ower to a witness or his 
 
 wife, void rj2o 
 
 Probate 521 
 
 In common or in solemn form, proceedino-s lb. 
 
 Foreign probates jb. 
 
 Letters of administration 523 
 
 Duties of executors and administrators 527 
 
 Accounts to be rendered annually by executors and adminis- 
 trators to ordinary, or no commissions allowed 528 
 
 Commissions to those who comply lb. 
 
 Xot allowed to sell without permission from the ordinary or 
 
 court of equity jl, 
 
 Executors in their own wrong, liable as trespassers; also to 
 
 account .r,2;) 
 
 Executors of executors in their own wrong, liable to be sued 
 
 for their dereliction 52'J 
 
 Same rule as to executors of executors of right 530 
 
 Executors may purchase the property of the testator lb. 
 
 On what conditions Jb. 
 
 Order of payment of debts Jb. 
 
 Growing crops assets lb. 
 
 Lands and negroes of tenant for life retained by executors till 
 
 the end of the year Jb. 
 
 Provision for after-born and posthumous children 531 
 
 For restraint of illicit connexions lb. 
 
 For the issue of children dying in lifetime of testator lb. 
 
 Derelict estates, administration of granted to master in chan- 
 cery Jb. 
 
 Duties of such acLiiinistrator 552 
 
 Lett(TS ad bona colligendum Pb. 
 
 Exposition of Words — No words of limitation required to 
 
 pass a fee Jb. 
 
 Dying without is.sue to be deemed 
 
 dying without issue living lb. 
 
 ITt'ir as a word of purchase lb. 
 
c o N T p] :n^ t s . 
 
 CHArTKlJ IV. 
 
 Economical Dkpaktment : 
 
 (.'oiiuni.ssioncr.s of Poor, continuoil 177, 179 
 
 Commissioners of Boads 179 to 211 
 
 Commissioners of Main Koads on Charleston Neck. ..211 
 
 <'ommissioners of Cross Roads 212, 214 
 
 Commissioners of Cuts 214, 218 
 
 Commissioners of Free Schools 218, 226 
 
 Trustees of vSbuth Caroliua College 220, 229 
 
 Military Schools ? 229 
 
 Commissioners of Public Duildings 2.'31, 23G 
 
 Commissioners to Approve Bonds 23G 
 
 Commissioners to take Proof of Deeds 23G 
 
 Commissioners of Deaf, Dumb and Blind 237 
 
 Regents of the Lunatic As3^1um 239, 245 
 
 f)e la Howe Trustees 245 
 
 President and Directors of the Bank of the State 
 
 of South Carolina 247, 252 
 
 (^uarantin e 252 
 
 Estrays 25G 
 
 Drainage 258 
 
 Dams 201 
 
 Canals 204 
 
 Rivers 204 
 
 Game Laws.. . . ; 205, 270 
 
 Fences 270 
 
 CIIAPTJai V. 
 
 TuK PKOi'LK IN Tui:rd Private Rklatjoxs : 
 
 Partners 272, 277 
 
 Parent and Child 278 
 
 Husband and Wife 278 
 
 Bastards 279 
 
 The Poor 281 
 
 Seamen 284, 288 
 
 Pilots 288 
 
 Master and Apprentice 290 
 
 Powder Receiver and Arsenal Keeper 292 
 
 Physicians and Apothecaries 293 
 
 Registrar of Births, Marriages and Deaths 294 
 
CONTENTS. XXvii 
 
 CHAPTEE VI. 
 
 The People in their Corporate Eelations: 
 
 Corporations, Municipal 297 
 
 Railroads 300 
 
 Banks 304, .309 
 
 Insurance Companies 309 
 
 Joint-Stock Companies.i 311 
 
 Charleston 315, 339 
 
 Beaufort 339, .344 
 
 Georg-etown 344, 351 
 
 Camden 351,3.56 
 
 Columbia 35G, 361 
 
 Chcraw 361 . 36;') 
 
 CHAPTER VII. 
 
 Judicial Dkpahtmknt : 
 
 Judges 366,368 
 
 Courts of Common Pleas and General Sessions.. .368, 408 
 Protlionotary : or, Clerk of Court of CV)mmon 
 
 Pleas and General Sessions 408, 427 
 
 Attorneys and Solicitors 427 
 
 Court of Equity 429, 453 
 
 Court of Errors 453 
 
 Court of Appeals 453 
 
 Reporter 456 
 
 .luries 457, 465 
 
 Ordinary 465, 474 
 
 Register of Mesne Conveyance 474, 476 
 
 Registrar 294 
 
 BOOK 8KC0ND. 
 
 K 1 (J ITT S O F T TT IN (i .s . 
 
 (^IIAPTLU I. 
 
 Common Law 47! • 
 
 Estates of Inheritance lb- 
 Warranty lb 
 
 Tenures lb. 
 
XXVlll CONTENTS. 
 
 Chapter U. 
 
 Lands 480 
 
 Vacant Lands lb. 
 
 Catawba Indian Lands 483 
 
 Eminent Doniai n 484 
 
 Takinsx Private Property for Public Use lb. 
 
 ciiAi'TEu in. 
 
 Uses and Trusts 48C» 
 
 Conveyances 487 
 
 Joint Tenants and Tenants in Common 492 
 
 Chapter IY. 
 
 Tenant for Life and Jiemaindennan 494 
 
 Do Av e r 495 
 
 Landlord and Tenant 497 
 
 Ecnts 500 
 
 Chapter V. 
 
 Debtor and Creditor 508 
 
 Assignment for Pa3"nicut of Debts 506 
 
 Fraudulent Deeds 510 
 
 Chapter YI. 
 
 Contracts 510 
 
 Bills of Exchange and Promissory Notes 513 
 
 JVIoney , . . . ApjDcndix . 
 
 Weights and Measures 514 
 
 Chapter YII. 
 
 Intestates' Estates 515 
 
 Wills and Testaments : 
 
 Execution of. 520 
 
 Probate .* 521 
 
 Letters of Admini strati on 523 
 
 Duties of Executors and Administrators 527 
 
 Exposition of Words 532 
 
 Appendix 533 
 
The said Commissioners aiv autliorized, out of tlie money 3[','.;;.^^^:, ,a„,e,., f,, 
 arising from the poor tax of tlie district or ]>;irisli, \o ]»ur-"'"'''- 
 chase the necessai-y provisions and eh)tliinir for tlie eomfort 
 of tlie poor of their respective districts and ]>arislies: and 
 they shall further have power to impose on such poor as are 
 relieved hy the poor tax such reasonahle labor as may be 
 deemed proper and necessary for their support. 
 
 They shall have iiower, and thev are hereby required, to V.'-^*- , 
 
 •' 1 ^ ■ . 1 ' >l,i,v Miinn) p.'iiiporH witli 
 
 make appropriations for the annual sujtjtort of the poor of ""'''■ •''""'"""'• 
 their respective districts and ]»;irishes, aecordini:; to their 
 peculiar circumstances, and, at discretion, to board them 
 out ^vitll their relations and friends. 
 
 They sliall have full i^iwer to adopt all necessary rules v>..^,t,. 
 and regulations to carry into com])lete efl^'cct their po\versan'>'"i'e"i"''ws- 
 and duties, as prescribed by huv. 
 
 The i)oor of the election districts, respectively, shall be a. a.,iv!i]. v. ucp. 
 
 i » 1 «/ ' AsspxRincnts may l>e 
 
 relieved and educated out of all such money, goods or ]''''"" ;^''' "';'■'"""*'''• 
 
 • ~ I)equc8t8. etc. 
 
 things, and /)ut of such tines, mulcts and forfeitures, as 
 shall be given t(» the use of the poor. And in case tlie 
 same shall not l>e sufficient for the relief of the jioor, and 
 the education of their children, and of poor orphan diil- 
 dren. it shall be hnvful for the said Commissioners, in tiie 
 election districts res[»ectively, once in every year, within two 
 months from the first day of .lanuary, to assess sucli sum 
 or sums as shall be sufficient for that juirpose: the .said 
 assessments to be made e(piiilly u]ion the estates, real and 
 pei-sonal. of the inliabiiants. owners and ocen|iiers of the 
 lands, tenements and ]tersonal estate, witliin the several 
 districts. J)Ut the iidiabitanfs shall be assessed only <mi proviso. 
 
 , . . Ill- 1 ' 1- A. A. 1737, TII. 4«6. 
 
 -ucli estate, real or, personal, as is situate oi- lield in the dis- 
 trict or parish where the assessiiieut is laid. 
 
 Tlie I'oards of Commissioners shall furnish the Tax C(»l- A.A..i««.XT.2w.jifi. 
 
 . . . . . Tn furtiifli Tax Collw- 
 
 lectors of their respective distrnts with notn.'cs, in writing, tom with notice ..famiow. 
 of the assessments to be collected by him, specifying the 
 amount to be paid by each person liable therefor, or the 
 rate i)er centum of the last general tjix. which is to be col- 
 lected by him. - 
 
 *SVt' la.rfdloH ((ltd T<i.r Colkcfor.". 
 12 
 
178 
 
 A. A.. 179C. V. 287. s 1. ^liG Coiiiiiiissioncrs of the I\)or are aiitliorizcd aiul em- 
 
 Mhv liiy .■itKfs^iiii'iits til 
 
 piiy tiie .u-i.tH of th.ir yiowored to assess and eolk'ct taxes, for tlie ])un)ose of 
 discliari^iiii:; del)ts and demands inenrred or due for the 
 support of the jtoor of tlieir respeetive parishes or counties 
 previously to their ai>pointnieut, in tlie same manner as 
 they are to assess and eolleet taxes for the payment of 
 the like dehts and demands incurred and due after their 
 appointment. 
 
 A.A..1S44.XI 295. ?2. The Boards of Commissioners of the Poor, in the several 
 
 To report to tlie Court •••.•. ■< • i in i. • • i.' i. j.1 „ ,. , „^:,1 
 
 of CK.mmon Pleas. districts aud parislics, shall report m writin<>: to the prcsicl- 
 
 ini>- Judge of the Court of Common I'leas, on the first day 
 of each Fall Term, in their district, or if no Court is held 
 at the Fall Term, or if there he no Fall Ter^n, then at the 
 next Term succeeding the month of October, in each year, 
 an exact account of all moneys assessed and received, and 
 all dishursemeuts made during the past year, specitying the 
 names in full of all persons who have been relieved by the 
 funds under their control. The presiding Judge shall 
 cause the report to be read in open Court by the Clerk on 
 the first day of the Tei-ni, laid before the Graiid Jury, and 
 filed in the Clerk's office. 
 
 lb.. H- If the Commissioners of the Poor neglect to make the 
 
 penaityfor not making report rcqulrcd by law, the Clerk shall note the omission in 
 the Journal of the Court, and the note shall be signed by 
 the Judge, and the Board shall be served with a rule to 
 show cause why the}* should not be attached, and on failure 
 to show cause, shall be attached by their Chairman, till he 
 complies with the requisition of the law. 
 
 ib..g3. It shall be the duty of the Treasurer of the Boai'd to 
 
 Tre^urcr to imbiisii liavc tlic Said rcport printed and jmblished in the nearest 
 newspaper of the district, within one week from the ad- 
 journment of the Court to which the report was made, but 
 if there be no newsi)aper in the district, it shall be his duty 
 to aflix one copy of the said report to the Court-house 
 door, and three copies at three other conspicuous places 
 Penalty for not pub- withiu tlic district oi- parish; and on failure to make publi- 
 '*"'"^' ■ cation, as herein directed, he shall pay a fine of twenty 
 
 dollars, to be recovered by a warrant of a Justice of the 
 Peace, as in cases small and mean. 
 
179 
 
 If any person elected a Commissioner of the Poor shall '^itoi-ed"^^"^"^"''"^'^ 
 refuse to serve without a sufficient excuse, by reason of '•'"■'">■ *■•"■ '•'^<""''«' '" 
 
 ' .' serve. 
 
 intirmity, absence or public duty, he shall be fined in the 
 sum of twenty-five dolhirs. and his faibiro to meet or send 
 a written excuse to the Commissioners at the next meetin<>: 
 after his election, if Ue have notice of it, shall be deemed a 
 refusal to serve, and the fine shall he charged against him 
 in the minutes of the Board — subject, however, to he re- 
 mitted at the next meeting of the Board, upon his appear- 
 ing and taking his seat, and accounting satisfoctorily for his 
 absence at the former meeting, or paying the fine for non- 
 attendance. But no person shall be required to serve as 
 Commissioner of the Poor more than two years in six. 
 
 If anv Commissioner shall fail to attend a regular or Xfw. 
 
 Ill" • o ^ T^ 11- 1 1111 11 reiialt.vfor non Rtt<ii,I- 
 
 callcd meeting ot tlie LJoard, Ins al)sence snail be recorded ance at nieetiiif<K. 
 hy the Secretary, and he shall be charged with a fine of five 
 dollars, subject to be remitted at the next meeting of tlie 
 Board on liis giving a satisfactory excuse, otherwise it shall 
 be paid to or collected b^' the Treasurer. 
 
 All fines imposed on Commissioners of the Poor shall be ^v^w. 
 
 '■ Penalties, how recov- 
 
 recovered in the manner prescril^d for the recovery of fines "red. 
 against the Commissioners of Roads. {See that Tide.) The 
 fines recovered shall l)e paid to the Treasurer of the Board 
 for the use of the poor. 
 
 II. — Commissioners of I^oads, Bridges and Ferries. 
 
 I. — Commissioners of Koads. 
 
 II. — Commissioners of Main Roads for Charleston Xeck. 
 III. — Commissioners of Cross Roads for Charleston Neck. 
 IV. — Commissioners of Cuts. 
 
 I. — Commissioners of Roads. 
 Orr/anization. 
 The Commissioners of Roads, Bridires, Ferries and Cuts, a.a.. iim xi.jcj. 
 
 \ '- , Udw Hppointed. 
 
 of the several parishes and districts, shall be appointed by 
 joint resolution of both branches of the General Assembly, 
 for four years, from the first Monday in February succeed- 
 
180 
 
 ing their ai»}iuiiitiin.'nt, oil wliicli day it shall he their duty 
 to meet and ovgnwiza their several Boards.* 
 
 onei^m!^i!;Tv*ndi.- Tlicrc sliall he a Board of Coniniissioners of Koads, 
 ftna\i.Vh"fv.no«'iii.''a^^^^^ '^'^'^ Ferries in every district, county or parish, and 
 
 """'■ there sliall he a separate l)()ar(l for eacli division, in the 
 
 following cases, that is to say: 
 
 A.A..is2o,ix.503.?n. Ahhcville District — Four: one for each hattalion. The 
 four Bl)ards arc i"e(|uired to meet, to make assessmeuts. 
 
 A.A..]S2:i,ix.o29.gi!>. Chester District — Two; one for each regiment. 
 
 A.A..i8>2.ix.r)is.§ii. Edgefield District — Six; one for each battalion. 
 
 A. A.. 1816. IX. 4S7: Grcenvillc District- — Two; one for each regiment. 
 
 1822. IX. 518. ? 10. ' ^ 
 
 A. A.. 1803. IX. 410. Clarion District — Two; one for the east and one for the 
 west side of Great Pee Dee river. 
 
 A. A.. 1841. XI. 157; Pickeiis District — Two; one for each regiment. The 
 
 1 SJ^* V 1 ''"1 
 
 two Boards shall constitute a General Board, for the pur- 
 pose of assessing the roacLtax and authorizing the exi)cndi- 
 tures there.of. 
 
 A.A.. i8i4,ix. 477; Richlaud District — Two; one for each hattalion. The 
 
 ]82o. IX, 530, g24. 
 
 tAvo Boards shall meet annually to make assessments. 
 A. A. i8io,ix,44s,2]r. St. Bartholemew's — Two. 
 
 * There is no record of the fir.st appointinent of Coiniiii.<sioners of Roads; 
 probably they were first appointed by the Proprietors or tlieir deputies, under the 
 fjeneral powers contained in their charter. Soc Stat, at Large, I, 24, § 0. The 
 Koad Laws, passed l)efore 171)3, are said by Dr. Cooper to be illegible and ol)liter- 
 ated. Stat, at Large, IX, 1. It seems from the remaining Act.s that, in early times 
 whi'n a new road was granted, Commissioners were appointed to open it and keep 
 it in repair, so that every road had its own Commissioners. The first law appoint- 
 ing Commissioners of the roads for the parishes and districts, was passed iu 1783. 
 IX, 274. It directs elections to be held, annually, on Easter Monday, in the several 
 parishes and districts, for Commissioners of Roads, Bridges and Ferries : but, for 
 the number to bo elected, refers to the number hitherto allowed by law. 
 
 In 1785, County Courts were established, and by the 55th Sec. the Justices of 
 those Courts were invested with all the authority previously exercised by the 
 Commissioners of Roads, Rivers, Bridges and Causeways. A. A., VII, 237. 
 
 In 1788, a change was made in those parts of the State where County Courts 
 were not established, and a general law regulating the jurisdiction over the roads 
 
181 
 St. Georice, Dorchester— Tw.-.. No Gonoral Board. istkYr^J/Vifiv^i^^ 
 
 IX, 575. §•.'!. ' 
 
 St. John's, Colleton — 'Pliree: one for Kdisto, one for a.a.. is4.-i. \i.:)4o.^iv 
 Wadnialaw, and one for John's Island. 
 
 The General Board of Goninn.«*sioners of Uoads and Guts <"■"" i'>i »"«">• 
 for tlie Parish of St. John's, Golk'ton, shall consist as here- 
 tofore of the Commissioners of l-ioads for Edisto, Wadma- 
 law and John's Island, and tlie Commissioners of New 
 Town Cut, Haul-over Cut and Watt's (^it: Pmridnl, that 
 no Commissioner of New 'J'own Cut, when an inhahitant 
 of dames Island, shall he a member of the (lenci-al Board 
 for St. John's, Colleton. 
 
 St Potpr'<; Throe A. A., isoa. IX. 4U: 
 
 or. 1 tici s — inict, 1S-21. ix.oii: iH;i7. IX. 
 
 •ilO. J M. 
 
 Prince William's — Two. A.A..is-.'7.ix.r.7.'..?i7 
 
 St. Luke's— Two. A.A..1S-2.%IX .W2.?2, 
 
 Kingston— Two. . -^- a- i-^u i-x- 4i.y .-. 
 
 In St. Paul's and St. John's, P>erkle,v, the P.oards of Com- a. a..is->7.ix..^7.i.?i« 
 missioners are authorized to dixidc tlicii- I'cspective Boards. A.A..isiJ. ix,.-.2s.gis 
 
 f M special Board aj)pointe<l a a.. 185.% xii. 470 
 
 ,., . .., ^j. for Sandv Island. 
 
 Prince George, VVinvaw. . "• 1 i> 1 +■ . t .... 1 •, . * k.,- iv -ra 
 
 * ' - A siici'ia iJoard tor Jjvncli s a. a., i^ii. i\. ^.w; 
 
 .-, 1 ^ 1(«4. IX. fi<»0: 1R4;). XI. 
 
 l^ Causeway. -m. 
 
 Prince Georfi^e, AVinyaw. ) . .ncci-il P.o-.rd for Bl-u-k a. a..i744.ix.135: 
 
 1 I iY spec i.u jxMKi Toi i>'a< K,.^^ ij; ,.j„. ,m,s ,x 
 
 AA-ir 1 ' I M- + • + ( Minj?o Creek Bridge. «»"• ,o.„ vi «i8 
 
 \\ nnamshuriili District. ) '^ ^ a. a., mo.xi.eie. 
 
 was passed. A set of Cominisi'ioners was to be elected, once for all, on the first 
 Moinljiy in May ensuing, for every flistrict ami parish where County Courts were 
 not established, and all .subsequent vacancies filled by the several Boards. But 
 Ibis Act. like that of 178.''., is silent as to the number to be elected, merely referring 
 to the number already rcijuircd by law or usually ajipointed. IX, '.W~ . 
 
 When County Courts were abolished in ISOO, the jurisdiction of the .Tuslices 
 over roads was transferred to Commissioners. In some districts, as Kershaw, 
 York. Fairfield, -Chester and Union, this was effected by Act IX, .392. and the Com- 
 missioners jdaced on the same footing as by the y\ct of 17SS. In other district, it 
 is sup|)Oseil that it was done by resolution. 
 
 In 1H25. .an attempt was ma<lc at a digest of the legislation on this subject ; but 
 this ,\et treats of the several Boards of Commissioners as then existing without 
 ilefiiiing the number of members. IX, .I.JS. 
 
 In 1S1.1. the constituent law was changed by the Act at the head of this arti- 
 cle, the term of office limited to four years, an-i the appointment transferred to n 
 joint resolution of the Legislature. XI, 269. 
 
182 
 
 A A.. 1825. IX. 060: Every Board sliall iniitoiiit a Chainiian, Seerctarv, and 
 
 1820. IX. 570. §25; 1831. "^ ' ' _ • ' _ 
 
 IX59S. ?3o. .Treasurer, wlio sliall hold their several offiees durinfi: 
 
 Officer.s to be Bpi>oiiiteii, 
 
 pleasure. 
 
 A. A. 1825. XI. 565, It shall hc the duty of the Chainiian to iireside at all 
 
 i 2li. . ' . . 
 
 Duty ..f chairiiKin. mcetiiigs of the Board, and to si<i;n all warrants issued 
 against defaulters for tines or penalties. 
 
 "'"■^'*i826 IX .570 ^^ *^''^" ''*^^' ^^'*^' *^''^^' "^ ^^^^ Secretary to keep a regular 
 ^t'-.'^^h'-'^-f'*"^*' Jonrnal of the iM-oceedings of the Board, to issue all 
 
 Duty of Secretary. 1 '^ ' 
 
 licenses granted by the Board to retailers, tavern-keepers, 
 and keepers of billiard tables, to draw and countersign all 
 warrants or executions ordered by the Board against any 
 defaulter. 
 
 V'\^"^coft TV ^-n The Treasurer shall not enter on the duties of his office 
 
 A. A., 1p26. I.v, 0(0; 
 
 788^V''^' ^^^' ^^''^' ''^"" ^^'^^^^*^^^"^ i^i^'i'^2^ bond, with approved securities, if required 
 Duty of Treasurer. by the Board, ill sucli suiii as the Board may direct, and 
 « such bond shall l)e tiled with the Clerk of the Court of the 
 
 district. Tlic Ti'easurer shall keep and disburse all moneys 
 belonging to the Board, according to their directions, and 
 shall safely keep all bonds and evidences of debt belonging 
 coinponsation. to tlic Boiird, and for his services shall be allowed a com- 
 
 mission, to be iixed l)y the Board, on all sums received and 
 paid away; but no commission or other fee sball be 
 allowed on the transfer of funds from the Treasurer to his 
 successor; nor shall the commission allowed to the Treas- 
 urer in ail}' case exceed the rate of two per cent, on moneys 
 received, and two per cent, on moneys paid away. 
 
 A. A.. 1H59. XII, 754. ^]i bonds taken bv the Board shall be in the name of 
 ^'2^iiit!-wi. '^^'' '^^ tiie Commissioners of Roads, and their successors in office, 
 K!"'an!rwherc'Xi.''""^'''<^f the disti'lct, parish or division, and filed in the office 
 of the Clerk of the Court of Common Pleas of tlie dis- 
 trict. 
 
 y.,'^.; l.^'^"'"^"''''^'?^- If from any cause a vacancj^ shall happen in any Board, 
 such Board shall have power to fill such vacancy by the 
 appointment of another Commissioner for the remainder of 
 the term. 
 
183 
 If a Commissioner in any of the Boards of tliis State a.a..i835.ix.604,ji5. 
 
 *j Ovoisi'or suDstitutea tor 
 
 shall be absent at any time from bis district or pa i-i sb /'"'""' ^"'"""^'"*""^'- 
 
 so that the public roads in bis division be neglected or 
 
 badly repaired, it sbalTbe the duty of the Chairman of the 
 
 Board where sneb nesjlect occurs, to a])]>oiut some fit and 
 
 pro])er person as overseer of said division, and to cause the 
 
 roads of the absent Commissioner to be put in proper 
 
 order. 
 
 Any person refusina; to accept the appointment of a. a. a.. i825, tx, 059. 
 Commissioner of Koads, after due notice of his appoint- iv'son refusing to 
 
 ' 1 serve. 
 
 ment, without a sutticient excuse, by reason of infirmity, 
 absence, or public duty, shall be fined in the sum of fifty ivmiity. 
 dollars: and if he have notice of his aji])ointnient. failure 
 to attend the raeetino; to- oro-anize the T'oard, or send a 
 written excuse, shall be deemed a refusal to serve, and the 
 fine shall be charc:ed against him on the Minutes of the 
 Board, sul)ject, however, to be remitted at the next meet- 
 ing, upon his appearing and accepting a seat at the Board, 
 and accounting satisfactorily for his previous absence, or 
 paying the stated fine for non-attendance. 
 
 But no person, after servins; one term, or fhe balance of a. a.. 1859, xn, 7S3 
 
 1 ' , r" ' No person rompelU'd {n 
 
 an unexpired term, shall be liable to serve again against bis |''j'';y'j.'^y^"^'"'' »'''*"''"'■''■'''" 
 w^ll, until after the expiration of another term. 
 
 If any Commissioner shall fail to attend at the rcijcular or ti... h- 
 
 '' • Altrreil. 
 
 any called meeting of the Board, bis absence shall be Kiner,.rnon-atten.iam. 
 
 •^ c at meetings. 
 
 recorded \y^ the Secretary, and he shall be charged with a 
 fine of six dollars, subject to be remitted at the next meet- 
 ing of the Board upon rendering a satisfactory excuse. 
 
 If any Commissioner shall neglect or fail to perform any „,.. ^s. 
 act within the scope of bis duty, required of him by the Kinrf..'rnegu^:iof.iiii.v. 
 regulations of the Board, he shall for each instance of non- 
 obedience or neglect, be fined the sum of six dollars, and it 
 shall lie the duty of the Secretary to record the same in the 
 Minutes or Jourmd of the Board. 
 
 If the Commissioners of the Roads for any district, parish '^';; J^2«. «. 
 or division shall not form a Board to transact business Un ^^^^^^^^^'^^''^^'^'-^'^'^ 
 one whole year, the said Board shall be considered as dis- 
 
184 
 
 solved. And it sliall be the duty (tf tlio Secretary of the 
 Board to enter (»n the Journal of the Board the omissions 
 to attend as tliev occur, and irive notice to tlie niend)ers of 
 tlie (jieneral Assembly i'ov the district or jtarish; and also to 
 the 'Clerk of the Court of the district, tluit the Board is 
 
 sni.stiti.ti..,,. dissolved by non-attendance. The Members aforesaid, or a 
 
 nuijority of them, on rcceiviui^ such intimation, shall ap- 
 }>oint fit and projier persons to serve for the unex|)ired term. 
 
 ivnaiiy nn difa.iitors. ^Vnd cwTv ( 'oinniissioncr of tiic former Board who tailed 
 to attend all the stated meetini::s of the Board dnrini^ the 
 last year shall incur the penalty of fifty dollars; and the 
 same shall In' rei-onU'd aii-ainst liini in the .Journal or Min- 
 utes of the lioiird tlius appointed. 
 
 lb.. j2. a. T]\v (.'oinniissioncrs >liall meet to form a JJoai'd Icn* tlicir 
 
 undThero*'""' ''""*^'^'' respective parishes, districts or divisions at least twice in 
 every year, on the days and at the places lieretofore used, 
 and a majoi-ity shall always bi- necessary to constitute a 
 legal i|iioniiii : but every Uoard, or a majority (»f such 
 Board, shall have jiower to change the time and place of 
 meeting to siu'li time and place as they may ajiiioint. 
 
 A. A.. 1825. IX, 566. For St. Paul's and St. John's, Colleton, twelve members 
 shall i'oi*m a (pioiMim. 
 
 A. A., 1845. XI, 319. 
 
 A.A.,i842.xi.22.s. ^-211. Evcrv JJoai'd shall rcjioit, in writing, to the })residing 
 
 Ain-mr"''^''"^'*'^^" Judge of the Court of Common Pleas of the district in 
 imri"."^^""^' '"'°"'' "which such Board exists, on the first da}' of each Fall Term, 
 or if there be no Fall Term, then the next Tei-m succeed- 
 ing tlie month of October, an exact account of all moneys 
 assessed and received by them from term to term, and all 
 
 Reports to 1.0 .-.•ad ;„ disbursements nnide. And the presiding Judge shall cause 
 
 '''""'■^- said report to be read in o]ien Court on the first day of the 
 
 Term, and given out to the (Jrand Jury f\)r their cognizance 
 
 wheif niid. and consideration, and tilccl in the Clerks office, and a note 
 
 thereof shall be ciitcrc(l in ilic proc-eedings of the Term; 
 and if no i-cjiort be made, the omission shall be eijtered b}' 
 the Clerk on the rFonrnal or Minutes, and signed by the 
 Judge. 
 
 Proceedings in case ..f And iu casc of tlic failure of any P>oard to nuike their 
 report, as aforesaid, and on such omission being verified 
 
185 
 
 hx tlio signature of the Judge, as aforesaid, the said Board 
 shall he served witli a rule to show cause why they should 
 not l)e attached: and, on failure to show cause, may he 
 attaclied, hy their Chairman or iii-csiding nicnihcr until the 
 re([uisitions of the law are compruMl with. 
 
 The reports for All Saints' Parish shall he made to the a. a..ir47.xt.4:.5. ?ii'. 
 
 ^s, r- /^-i T-.' • Ki'ports for All !*aint". 
 
 Court lor beorgetown District. 
 
 The Commissioners of Koads, Bridjxes and Ferries shall a.a.. is44..\i.2or,. 
 cause tlie reports made hy them to he printed and nuhlished Ait.r<-.i. 
 
 ■^ " . ^ * , ' Tlic n'porfs to be 
 
 in the nearest newspaper, if -any he printed in the district, i" '"♦<■''• 
 
 immediately after tlie adjournment of such Court; and if 
 
 tliere he no newsjiaper, then one copy of the said report 
 
 shall he affixed to the court-house door, and three copies 
 
 at three other conspicuous places within tlie district or 
 
 parish, as the case may he; and it shall he the duty of the ivnaity on xmanum- 
 
 T, J. J.1 1 T i* 1 ^2. /.for Milt publishing, 
 
 reasurer to carry out the publication under jienalty ot 
 
 twenty dollars. 
 
 All the fines aforesaid, not exceeding twenty dollars, A.A..iR25.ix.5fi4. jw. 
 shall he recovered hy warrant of a Justice of the j*eaco, as kiiuh. ik.w recovcro<i. 
 in causes small and mean, and all other fines shall he recov- 
 ered in the Court of Common Pleas by scire faeias, as in 
 cases of estreat, the entries in the Journal of the Secretary, 
 and in the Clerk's office, holding tlie place of a record for 
 the purposes of said proceeding. And it sliall be the duty riork of court to i8».ur 
 of the Clerk, in all cases brouc:ht to his view or knowledge, snn.onn contingent 
 to issue such process and place the same on the Contingent 
 Docket, to be heard and disposed of at the same time, to 
 whii'li the jirocess is returnable, saving to all jiersons inter- 
 ested the right to traverse, and to a trial by jury, if require<l. 
 
 Nothing in these enactments sliall interfere with tlie J,:'^„,„„„ ,^,, .„,,,„,. 
 Common Law or Statutory remedy of the public for t'<»r- ;;;;;i> JXt'«7no."'^'"*' 
 rection of nuisances. 
 
 The several 'Boards of Commissioners of Roads, while a.a iK.mix..sKs «ii.. 
 
 noorilK to piini»n Tor 
 
 sitting in the discharge of tl'eir <bities, shall have tliC'">.t<mpt. 
 l.ower of a Court <A' Justice to preserve order and to 
 punish for contenqits committed in tlx'ir ]>resence. 
 
186 
 
 Everv^^^rd'^i,^.**; Evcrv BouihI of ConunissioucTs of Roads shall l>o fiiniisli- 
 &"bi.*"* "'"'"^"'ed, on application, with a copy of the Acta of the General 
 Assembly, annually. 
 
 A.A.iMi.ix.i«».fi|. Jt shall not he lawful for anv lioanl nf Coniniissioners of 
 
 ."JhIdc™"* '"''"*^ ^"""^ "^ ' ^^""*^''' "^ '^** resjular semi-annual meetinsr", or at any other 
 time, to have dinner provided, to he paid for out of the 
 ivnaitv. oio. fun<ls of tlic Board: and uiton the Treasurer, or any other 
 
 men)her or memhers of any Hoard so |iayin<r for any dinner 
 out of such fund, he or they shall he liahle to he fined tifty 
 dollars, whii-h may Ik- reeovere<l hy any one who will sue 
 for till' same, in iK'ht on sumniarv proeess. one-half to the 
 use of the informer, the other half to tlu' (Nunmissioners 
 of Tuhlic liuildiny-s for the district in which such B(»ard 
 shall be. 
 
 Their Jtiris(/ii/tii)i over Jiixfif.t, etc. 
 
 n...n :..?:■. 9. Everv Hoard shall have authoi'itv to keeit in i-eiiaii- the 
 
 Ke|>airi<iirr<in<)ii,1jri<l|;<'K * ^ . ' . . 
 
 and caiiKiwavK. roads, hridi^es and causeways within its hounds, and for 
 
 that purpose shall have jtowi'r to call out all the male in- 
 habitants, between the aires of sixteet'U and fifty years, 
 within their ri'speelive bounds, to work upon the roads, 
 bridifcs and causeways, wheiievi'i' tlu'V recpjire I'ejiair: and 
 every Board sliall ha\-e authority to direct Imw far the 
 hands shall lto. and on what roads they shall work. But 
 no person shall be comi»elIed to work on the roads more 
 tlian twelve days in the year; m>r shall any pi'rson be ctun- 
 pelled to work on any road more than ten miles from home 
 or from tlu- plantation where tiic liaiids that are called out 
 belonir. 
 
 >!'■•?"• The several Boards shall assiirn to everv Commissioner 
 
 U<iur<lH Klinll iiKKl);!! ' 
 
 •livuioirt. ],ig ,,^y|, |,.i,.j ,,f f],(. |-(,j|(|s to be kept in (U'der liy him, ami 
 
 the members of tlic Board shall be se\t'rally liable tor the 
 good order of the r()ads or parts of roads iindi-r their con- 
 trol respectively. And in ca.-M' of m-irlect of duty, the 
 Commissioner in charifc shall be t'xclusively liable for the 
 state of the road, either by indictment, at the suit of the 
 jMiblic, or by action in all cases in which an action may lie. 
 
187 
 
 at the suit of an individual, against the ]>rrpetrati()n of 
 what might amount to a public nuisance. 
 
 The followino- i)ersons, and no others, shall be exempt a a.im;.. i\ .-..io itii): 
 
 ^•^ _ _ ^ is:,-,, MI 477. ;iltfirl. 
 
 from the oblitration of Avoi-kinu. on hi<>'hroads and bi-idti'cs, , ^■^'•|"l■li""- fi<""> i'«>'i 
 that is to say: All ministers (»f tlie Gospel, millers and fer- 
 rymen, and students in schools ;nid colleges. 
 
 The hands liable to work on Little Pee Dee river sliall {^.^to'^.^-^' 
 not be liable for road dnty. 
 
 Every (Commissioner shall be authorized to aiiiioint a ,V'?^-*: , 
 
 11 Ti) ii|i]iuint warncr.x. 
 
 Warner for his road division. 
 
 It shall be the dutv of the warner to give notice to the I''- , 
 
 ~ Kilty of «-»iiier«. 
 
 inhabitants to make their retnrns, and notify them of tlie 
 time and place for working on the roads and biidges or 
 causeways, and of the tools which they should l)e ])i-ovided 
 with, and two days notice shall be given of the time and 
 place for working. 
 
 And if any person a])pointed a warner sliall refuse to act n... ?i4. 
 
 , '' . I'T 1 •! iiicf- 1 I'iMiiillv for ncglort of 
 
 as such, or neglect his duty therein, he shall lorteit an(i pay 'inty a- warner. 
 a sum not exceeding twelve dollars, to be imposed l)y the 
 l)oard, and recovered by warrant under the lumd and seal 
 of the Chaii'man of the Board. Unt no j)erson shall be 
 com})elled to serve as warner moix' tlian one year in three. 
 
 l!i|iinis. liuvv inaili' 
 
 Ffiriii of Uoluni" 
 
 The inhabitants shall, at the reouisition of the warner, J,'.?" 
 make a return to the Commissioner in charge, of all their 
 male slaves, between sixteen ami fifty years, within that 
 division. And such return shall be to effect following, viz: 
 "I, A B, do swear, or affirm, that the retnrn now made by 
 me of the lunnber of male slaves between sixteen ami fifty 
 years, owned by me, or under my mamigement and <lirec- 
 tion in this road division, belonging to C ]). is trne, accord- 
 ing to the best of my knowledge;" and such retnrn sliall 
 bo sworn to if required. 
 
 And if any ijihabitant shall refnse or neglect to make n... jiz. 
 sucli return when rccpiired, the B>oard in or for the division 
 
188 
 
 in wljicli siuli (k'iault iiiav «K-cMir, sliall be authorized to 
 jisscfis the (U'raiiltcT oii liis male shives in tlie division, ae- 
 cordinir to sut-h information as thi v may possess, in the 
 sum (tft'our (hdhiiv per In-ad. 
 
 Ivarmitonttp.i.i '^'''*^' waiMKTs shall also sumnion all defaulters to ai>poar 
 
 '"■'""-"■'^ ""•""•■"''■ at the next mectiuic of the Board, and answer to the charire 
 
 oi' neglect or failure. The warncr shall also attend the 
 
 meeting of the Board, in oidor to prove the notices and 
 
 summonses. 
 
 III., i 14. 
 
 To :il>|>uiiit Ovcu-ccrs. 
 
 Every C'(»nnnissi(iner shall lie authdri/.id -to aiijioint an 
 overseer, or overseers, over tlie roads, or any ]»art of the 
 roads under his chartre, to superintend the jtrogrcss of the 
 work in hand. 
 
 I'utv ,.f ovcisecrb. Aud sucli ovcrseers are emjiowered moderately to correct 
 
 all sui-h slaves as may refuse to obey orders, or may be 
 negligent in ]ierforming the work re(juired; also, to report 
 all white }iersons who fail to attend according to notice, or 
 refuse to work, or neglect their duty, and to furnish the 
 Warner with the names of all defaulters to be summoned 
 by him before the Board at its next meeting. And if any 
 overseer shall refuse to serve as overseer, or neglect to do 
 his duty as such, he shall forfeit and jiay a sum not exceed- 
 ing twelve dollars, to be levied by the rxianl. Ibit no per- 
 son shall be compelled to serve as such overseer more 
 than one year in three, except in the Parishes of St. dohn 
 , Berkley, 8t. dames Santee, St. 'fhoinas and St. Dennis, 
 
 St. Steplien, St. Paul, and St. Andrew. 
 
 iviiaii.vnii.icniuitfis. K\-ery pers(»n refusing oi- neglecting to attend when called 
 on to work on the roads as aforesaid, and to do his duty 
 according to his place, shall be liable to be lined for his 
 default in the sum of two dollars lor llu' lirst day of his 
 default, and toi do! I. us if the olleiice be repeated. 
 
 A..\..iR25.ix .wL^ia. All iiersons shall be bound to send all their nude slaves, 
 
 IVimlty fur .Icnmlt . ^ . ' 
 
 uiicnimii.isaiesuMi- betw^eeu thc ages or sixteen and tiftv vears, to work on the 
 roads when required as aforesaid, and every person making 
 default herein shall forfeit and pay for every hand so with- 
 
180 
 
 held one dollar per day for every dayg default. But the 
 al)sence of waitingnieu and house servants shall be excused, 
 if for every house servant so detained an able bodied female 
 accustomed to field work be substituted. 
 
 It shall be the dntv of the ii\habitants and the hands to ti... ?i.-,. 
 bnng the tools required ten' working on the road; and tor 
 iiegkH't in this behalf a tine of fifty cents for every tool 
 withhekl shall be incurred by the owner of the hands or 
 other party, to be excused niion showing that the owner or 
 party had no such tool: in which case any suitable im[)le- 
 ment may be substituted. 
 
 If any free negro, receiving notice to work on the roads, u... 229. 
 shall refnse or neglect to obey such notice, he shall be liable " ' '?"""■ 
 to l)e fined as in case of any other })erson ; and in case of ''<■"■''•> 
 default in jiayment of such fine, he may, l)y warrant of the 
 Chairman, be committed to the common jail for as many 
 days as the warrant may direct, not exceeding twelve days. 
 
 In case of emergency, as when a bridge is out of repair, 11... ?i3. 
 or a tree fallen across the road, or when any other obstruc- 
 tion re([uires removal, the Commissioner in charge of that 
 part of the road may require the attendance of such a num- 
 ber of his hands as may be re(piisite to rejtair the damage 
 immediately, and in such case two days notice shall be dis- 
 pensed with. And the work done on such occasions shall a.a.. isji. \1.15s. 
 be credited to tlie hands that are so called out, when the 
 labor of the iidiabitants is equalized. 
 
 AVhcn anv iniblic road is injured bv the breaking of a a.a., 1^21.1 x.r.u.j.u. 
 •II 1 • ' i- 1 ^i.- " it- i. r isi5. IX. :.(-.;:. 
 
 mill dam, or m consequence of letting oft water from a itoa.i injnr.-<i i..v i.imk- 
 
 mill pond, the owner ot the mill shall repair the dannige 
 within a reasonable time after notice so to do by any mem- 
 ber of the Board of Commissioners foi- the district or parish, 
 under penalty of a tine of not less tlu-.i twenty dollars, nor Li.ii.nitv ,.f ..«n.i ..t 
 more than one hundred dollars, upon conviction before the 
 Court of General Sessions of the district where such otfeiice 
 may occur. 
 
 And it shall be the duty of the Board to hear the evidence a. a., isab. xii 75;.. 
 against all the parties reported as defaulters, and to decide 
 
100 
 
 in ovorv case wlu'tlicr tlic tine lias Itocn iniurrod or not. and 
 the amount tor wliiili cadi (U'taultci' is liahli-, and to make 
 an enti'v of" tlu'ir judL'^nu-nt and decision in tlieir Journal : 
 ami in all eases in Mliieli the tine does not exceed twenty 
 di»llars, to issue a warrant ai::ainst tlie defaulter, under the 
 hand and seal of the Chairman, eonntei'siofneil hy the Secre- 
 tary, which warrant ma_\" he in the fojlowinir form: 
 
 K,..in..r>v<imii.i. Tni: St.\ti-: of Soi tm ('ai;oi,ixa. 
 
 7'// the Sheriff's of (he said ,Sfaie, or ainf JmrfnJ C-i/isfuh/e of 
 Distnet : 
 
 Whereas^ was, on the day of , 
 
 A. J)., IS , filled in the sum of for : These 
 
 are, therefore, to chariiv and c<uiimand you, ami each of 
 yon, that of the g-oods and chattels of the said , 
 
 you levy the said fine so adjudged against him. as w»'ll as 
 all cost*! wliich shall accrue thereon, and jiay the fine so 
 levied to the Treasurer of the Board of Commis- 
 
 sioners of J{oads for 
 
 AikI you arc further authorized and required, if the said 
 shall refuse to pay tiie fine and costs aforesaid, 
 or to show sufKcicnt personal id'operty to satisfy the same, 
 to take him aixl lodu'c him in the common Jail of your 
 district, there to remain for the term of as many days as at 
 the computation of seventy-five cents per day shall make 
 the sum of the fine imp(,)sed. 
 
 (iivt'ii under my hand and seal, this day of 
 
 A. L., 18 . A. li. 
 
 \.A. 1S35. IX .•.o:,. It shall he the dutv ot all ^hei'ifls and ( onstahles to 
 
 \ .A.. ISuo Xn. 477. 
 
 \it.i.-.i. 
 
 Sli.TifVs iinil CoiiMtiil.l. 
 
 A.A.. isuo xn. 477. , , , 1 r f 1 1 r 1 .. 
 
 Ait.i.-.!. wliom such warrant may oe directed or delnered, to exe- 
 
 .■•fiiTins linn i.oiiHCitiiii'K , , , . .... 
 
 t..txi(iit.- waimiif. cute tlic same umier tiie same sanctions as are provided in 
 ease of executi<»ns emanating from the C(Uii-t of Common 
 Pleas, and to pay over to the Treasurer of the Board of 
 Commissioners all money collected, and to make a return 
 of the wai'rant: and thi' same costs shall he allowed as in 
 case of (^ther executions. 
 
 A. A.. is.V), XII. 477. If tlie dcrcudant against whom such execution mav issue 
 
 Default (Ts, wliPii com- i ,, ,. ., • ' i .-, •/«. /i> • ' i 
 
 iiiitti.i to i.riw.n. sliall fail to jKUiit out to tiic Micritt sutTicient pro})erty, tiie 
 
 Sheriff, hv virtue of such execution, shall seize and commit 
 
191 
 
 him to close confinement, there to remain nntil the fine and 
 costs are paid: Provided^ that in no case shall such })erson 
 he contined in prison more than ten days, if at the end of 
 that time he will make oath before a Justice of the Peace 
 that lie lias no means to ]ia_v the sum for which he stands 
 committed. 
 
 And when the amount of the tine imposed by law is over a. a. issp. xii, 755. 
 twenty dollars, and the Board are of opinion, on the cvi- ■nviki, am.mnt ..fnncii. 
 
 KT twiiitv (l(>ll:n> 
 
 deuce, that the (k'fnult has hoi'u incurrcMl, it shall he the 
 duty of the Secretai'v to transmit a copy of the entry to the 
 Clerk of the Court. And the same proceedings shall be 
 had for the recovery of the tine as in case of tines ini]»osed 
 on the mend)ers of the ln)ard wlierc that amount exceeds 
 twenty d(dlars. 
 
 All fines, forfeitures and iienalties, as also all such sums a.a. 1825 ix..-.r.4 i!-24. 
 
 _ ' _ FiiK'K Hiiil fiiifi-itnies. 
 
 of money as may arise from the granting of licenses, oi-ii"« iiisiMis.d or. 
 from the sale of estrays, shall belong to that Board of Com- 
 missionei's within mIiosc limits the same may occur, and • 
 constitute a fund to be apjilied to the re}!airs of the roads, 
 bridges and causeways in that division. 
 
 The Commissioners ot Ixoads in the several districts and, ^,^.;\;,\^^"'-'^'-^''''- i'l'- 
 parishes shall have power to make contracts for the building j;';3^';;j."''*''''"'''-^'"> 
 of bridges, and where a river or creek divides two parishes »■■"• '"i'lg"- 
 or districts, whenever either set of Commissioners shall 
 require it, the Commissioners of both parishes or districts 
 shall meet for the i)ur[»ose of raising, by assessment, on the 
 inhabitants of both districts or jtarishes, a sufiicient sum 
 for the purpose. And where tliere are more divisions than 
 one in any district or parish, the Commissioners of all the 
 divisions shall meet on the first Monday in January in 
 every year, at the Court-house of tin- district, or some con- 
 spicuous ])lace in the jiaiish, for the jiurposc of making 
 assessments, rejtorting the condition of the funds of eacli 
 particular JJoard, and ajiplying any remaining surplus to 
 the order and direction of the General Boanl. 
 
102 
 
 J,''--^^'^ Assessments may l)e laid for tlie Iiuildiuir <>i' ivpairiiiir of 
 
 roads and cansoways. 
 
 Aii..^>.--ni<rit«i..i..i.. All asse»imhi> sliall l)e laid liv a rate in i»r(>]»orti(M) to 
 «"" tlie last general tax paid Ity the distriet or parisli. lor wliieli 
 
 l>urpose the Conimissioners of tlie Roads shall he furnished 
 hy the sevi'ral Tax Collectors with the amount of the last 
 _i;eneral tax of sneh distriet or parish, and the assessment 
 shall he paifl. when eollecfed, to the 'rri'asnrt'i' of the Hoaid. 
 when there is hut one lioaid. or to the Treasurer of the 
 CJeneral lioard. when there an* more sets of Commissioners 
 in the distriet or parisli than one. {Sec Tax Collector.) 
 
 A. A.. 1707. IX. HT'j. Xo ]»etition shall he liercafter received l>y the Leu'islaturc 
 
 jii'ayiniT for the estnhlishnient of any road, unless ajiplica- 
 tion he ih->\ made to the Commissioners ot" IJoads. unless 
 tlu' same sliidi cxUmkI throULiii more than one i-ounty or 
 )»arisli. 
 
 A.A. iR2.=). ix,%.:t. Xo Hoard of Commissioners shall have power to open 
 
 Nrwrui-iK. any new r(»a<l. unless three months notice he u'iveii hy ad- 
 
 vertisenuMiTs in the st'tth'ment throuiih which the intended 
 road is to lie opeiK'<l. as well as in the maix'st ne\vs[»aper. 
 Xor shall a new road he oju'iied over ilie lands of any j)er- 
 son aii'ainst his consent, if siixnititwl in w ri(inu\ except alter 
 such notice and with tlu' pcrnii>sinii of llu' ( Jem-ral .Vs-cm- 
 hly. Xor shall the(ieneral Assi'mhly <irant any new road 
 unless ujion the representation of the Hoard of Commis- 
 sioners that the road is ri'<(iiircd hy the wjinis of the piiMic, 
 an<l (hat three months pre\ ions notice has ln'cn i^iveii to the 
 parties interested, to enahle them to make their olijcction^, 
 if any they lia\e. 
 
 A. A., uor.. IX .171. '^I'he authoi'itv of Commissioners ajipointed to layout and 
 
 Xi'W romls. Cimiiiii:- i i- i ' i i o i i •' i- l 
 
 «iuiu.r-< t.i iiMMiimc I'stahlish a new road shall cease upon the coniiiletion oi the 
 
 same, and the I'oad ht'come suliject to tlu' authority ol the 
 lloard within whose jurisdiction it may lie. 
 
 A. A.. 1797. ix,:i7'.'. All}' ]>iil)lic I'oad or liiuliwav that has heeome unnecessary 
 
 ei.^ing'ioii.is. I'iiiy he discontinued hy the authority of the Commission- 
 
 ers, provided thi'ec months notice he o;iven in the setllement 
 
193 
 
 through whicli it passes — saving to tlie parties interested 
 the remedy by prohibition, in ease of any legal objeetion. 
 
 No pul)lie road or highway shall be elianged witliout the a. a., itot. ix. ar-.t. 
 presentment of the Grand Jury o^'the district witliin wliicli riianging r.nuK 
 the road hes, after three montlis ])nl)lic notiee in one or 
 more of the nearest gazettes. And it shall be the (bity of 
 the Solicitor of the district to [)roseeiite any person wlio 
 may liave altered or diverted any road from its original 
 course without authority, and the party otiending sliall he 
 com})elled to restore, at his own expense, the road to its 
 proper course, as established l)v law. 
 
 A. A.. 185r,. XII. 507. 
 New liriilnes. 
 
 It shall l)e lawful for any inhal)itant of this State to cut a 
 ditch or canal across any public highway, i'oi- the pnr])ose 
 of draining his lands: Proridcd, that a sutHcient bridge, 
 to the satisfaction of the Commissioners of the Roads, be 
 built over sucli ditch or canal ; and it shall be the duty of 
 the party to keej) sucli bridge in good repair for one year, 
 after wliich time it shall be under the charge of the Board 
 of Commissioners. 
 
 Reguhttions with rcr/ard to the preservation of Roads, Bridges 
 
 and Ferries. 
 
 If any person shall wilfully stop up or obstruct any road, a. a. itsr. ix. .,11. 
 bridge or causeway, by gates, ditches, fences or any o])struc- ivnaiiy f..r ob^tmctinK 
 tion not autliorized by law, or shall hinder, lorbid orciurB. 
 threaten any traveller from passing along any pul)lic road, 
 he shall, on conviction of the said offence, be fined the sum 
 of fifty dollars. 
 
 Bridges constructed and repaired by Commissioners of a.a..]t»6 ix.aat. ^i« 
 Roads shall not be exposed to collision by the onrmary 
 navigation of the stream. An<l all vessels, boats and rafts, 
 before they come to any such bridge, shall droji anchor and 
 drag through under the same. And if any vessel, boat or iv„ait, r. ......,,„. 
 
 raft sliall pass or attempt to pass under any such bridge with- 
 out dragging as aforesaid, such vessel, boat or raft shall 
 be liable to a fine -of fifty dollars, and may be seized by 
 warrant from one of the Commissioners to answer to an 
 13 
 
information to }>c filcMl in the Court of Common Plon;* of 
 tin- district for tlu' rccovcrv of tlic said tine, and detained 
 until suftieient seeuritv Ik- l^vcu for tliejmvment of the tine 
 ami eosts, in ease judirnuMit Ite <riven t>n tlie liearini; of the 
 case, against sueli \(<<(1. lio;it or raft, or tlie owner thereof. 
 
 A. A. i:ss.ix :n.;.§i4. Wlicii au\- i-oad shall he hii*! out. aht-rrd oi' rciiairt'd. tlie 
 Commissioners of sueli roads shall, if lliev think tit. irivc 
 directicuis \'oy leavinu: such trees standing; as shall i)e most 
 
 i'«'imn.v. e(»n\i'nicnt for shade: and if anv ]icrson sliall wilfully cut 
 
 (h)wn <»r kill any ti'ce i;rowin«i^ within ten feet of tlie road 
 lai<l out as aforesaid, witliout ]>ermission of the Commis- 
 sionci-. every such person sliall, for each tree cut down or 
 killed, forfeit the sum of fifty dollars. 
 
 A.A..i8iM.\:i82r.. IX. Tlic scvcral Commissioners, within their i-esnective divis- 
 •"""*'' «' '•'• «"''"'<*"« ions, shall have full powi r and authority to use any timber, 
 
 on line of iikkI. ' _ .' .' ' 
 
 eartli or stone alouif the line of the road and near the same, 
 for rejiaiiiui:; the I'oad, l)iid«i:es or causeways that may 
 ai»pear to tliem to he necessary, and for that iiurpose to cut 
 down and fell such trees as may he fit for such use; and if 
 any jterson sliall hinder, or threaten forc-ihiy to hiiidei', a 
 Commissioner fi'(Uii duly exeic-isiiii;- his power in this ht'half, 
 he shall he lialile to he indicted for obstructing the Com- 
 missioner in the discharge of his duty, and (Ui <'ouviction 
 shall be fined in a sum not exceeding fifty dollars tor the 
 tirst ott'enee, and for. a second or subsetiuent olienee shall be 
 fined at the discretion of the Court: Pmrklnl, ncrcrf/Klcs.s, 
 that nothing herein contained shall authorize the cutting 
 down oi' (h'sti'oying of any trei-s jihnited or reser\i'd by the 
 owner for shade or t)rnameiit, nor the needless cutting down 
 of rail timber when othei* tinibei-, ade(|uate to the purpose, 
 can be had witliiii couveiiieiit distaiict'. iior to take earth oi" 
 stone, witlxMit necH'ssity. from within the c-ultix'atcd lit'lds of 
 the owner. 
 
 A.A..is2f>.ix..')t«,g2i. All iiublie roads leading from any pai-t of the State 
 directly towai'ds Chnrlesion. Columbia, Hamburg, Camden 
 or Cheraw, shall be made thirty feet wide. And if any 
 such roads are less than thirty feet wide, it shall be the 
 boundeii duty of all Commissioners thronu'li whose bounds 
 
195 
 
 siicli roads may pap?> to open and clear tlie same to the full 
 widtli of thirty feet tlironirliont tlieir respective bounds. 
 And it shall be their duty, in like manner, to open and 
 clear all otlier public roads to the full widtli of twenty feet. 
 
 Every Commissioner of Roads, in his respective division, a a. im^. m.jto. 
 shall cause all the roads in his division to be ]»osted and Mii<p»MK. 
 numbered, and at the forks of said roads a iiointer to be „ . , 
 placed, deelariny; the direction of the several branches. 
 And if any C'Ommissioner shall for one whole year neirlect v.-uMiy. 
 to have his roads |)ostcd and ]iointed as aforesaid, he shall 
 be lined by the Jioard in the sunj of ten dollars, and the 
 fine recorded l»y the Secretary and levied on the jiroperty 
 of the delinquent, as in other cases t)f official default by 
 a Commissioner of l^oads. 
 
 If any ]terson shall cut <lown, burn or deftK-e any mile A.A..is2r,.ix..-,fi3.jij 
 post or stone, or pointer, erected by the Commissioners of 
 Roads, he shall, on conviction, forfeit and pay tlie sum of 
 ten dollars, to be recovered by warrant under the hand of 
 the Chairman of the Board. 
 
 The several Boards of Commissioners shall have jiower, a. a. iv.^r. xii.-.w.^i. 
 
 ,1 • 1 T A • i. "1 1- • • J .J Aiitliwrity iif OinmiiN- 
 
 m their several districts, jiarislies or divisions, to contract »>i-'n.r(.ini.-tiin)t.., it r.mdf. 
 tor tiie re]»air ot the roads within tlieir jurisdiction, or any 
 part of them, and let the contract to the best bidder. Tlie 
 letting ma}' be for one or more years, but not beyond their 
 tenn of office. The contract<)r shall enter into i)ond for the 
 faithful [•erformance of his duty. The recital of the l)fuid 
 sliall specifv the road or roads let to the contractor, and 
 how such road or roads shall be wf)rked and kept in re]tair, 
 and the hands to whose lal»or he shall be entitled, and for 
 how many days, and the rate at which their labor may be 
 commuted. But no person who is a Commissioner shall be 
 comi»etent to become a contractor for r<']iairing or construct- 
 ing any road, bridge or causeway within the bounds of the 
 Board of wliich he is a member. 
 
 The Commissioners, in letting out a road, shall fi.\ the n... ^4. 
 rate of commutation for h'ibor, which Hhall not exceed »ev-th«- nJir^'^lmmiiliu'u 
 enty-fivc cents per day for a white man, (»r fifty ceiit« per 
 
196 
 
 (lay for a slave, nor bo allowed for more than twelve days 
 in tlie year. 
 
 A. A.. 1856. XI I. .1(17. They may commute with any incorporated railroad com- 
 ' To commute with niii-l'«"y (<>i* tlioir employees), at the rate of fifty cents per day, 
 tor the lalK)r (»t any othcer, en<i:ineer, assistant engineer, or 
 other person, in the actual employment of such railroad 
 company, for the district, parish, or division wherein such 
 olticers, engineers, or other pers(»ns are liable to do road 
 duty : Provided, such p(»wcr of coniniutatioii shall not be 
 intended or construed tt) extend to any railroad, or un- 
 iinishod part thereof, while in course of construction. 
 
 A.A..i859.xn.754.?.\ Every coii t Tact or shall have the same riijhts and remedies 
 
 Ki({htn of roiitraitoi-H. .■^\^ • ■ ,■ -i T> 1 i \ 1 1 
 
 as the C oniniissioners or the Koads to whom he succeeds, 
 over the subject of the contract ; and the inhabitants, for 
 neijleetin<r, when suniiiioned, to turn out or send their 
 liands, shall be liable to the same i)enalties as herein jmv- 
 scribed for the same default at the call ot" the Commission- 
 ers ; to be recovered, \\ hen not exceedinti; twenty doihu's, 
 before a Justice of the Peace ; and when exceeding that 
 sum, by petition, as in case of sunnnary }irocess, with the 
 right of trial by jury, if either party require it. 
 
 n... K'- p]verv Commissioner shall bo bound to see that the con- 
 
 Comiiiisdicinpr In Fiipcr- '.,.,... ■, i • i i i 1 
 
 vmoooninutor. tractor 111 lus divisiou docs Ills duty, and the contractor and 
 
 his sureties shall be li.ilile Ibr neglect of duty to the Com- 
 missioners, or to the jiarty griexcd, for sjteeial thnnagos; 
 and the Comniissioiiers, Ibr neglect of duty in bi'inging 
 the contractor to Justice, shall be answerable to the public 
 for a iiiisdeiiieanoi'. 
 
 ''••■?■• Each contractor for the workinu' of anv section of road 
 
 Coiitrnctor mnut iir- • ^ 
 
 roiint with Board. j,],,j]] faitlifullv accouut to tlic Ticasurcr of the lioard for 
 
 all sums ri'cei\ed Ity liim as coiniiiutation ; and upon his 
 failure or neglect to do so within the fiscal year, his bond 
 shall become forfeited, and he and his sureties liable to pay 
 to the Treasurer of the Board double the amount so re- 
 ceived. 
 
197 
 
 Duties of Owners of Ferries and Bridges. 
 
 No own'er of a ferry shall liiiuler any passenger from a. a., mi. ix, 330. 
 fording the river if he pleases ; nor shall toll he exacted of 
 the passenger if he does not nse tiie hoat. 
 
 The rates of toll allowed hv law shall l)e posted in some a. a., itsw. tx, 3or.. 
 
 1 • • 1 i. ' x- x1 A. ?lfi; 1S07, IX. 429. g 22. 
 
 conspicuous i)lace, m sight ot tlie passengers, at every • uatcs of tuii to uc 
 bridge and ferry, otherwise it shall not he lawful to exact '""*^ 
 any toll whatever for pas.sing such bridge or ferry. 
 
 The limits of the iVancliise of every ferrv, wlicrc not a. a.. is(mi. ix. -.m. 
 otlierwise expressed, shall be three miles, measured l)y the ' hu,u\s„{{,;ry. 
 course of tlie river. 
 
 It shall l)e the dutv of everv owner or keei)er of a fcrrv,.-^- ^- ^^-^ '•'^- -'^^ 
 to pr.^vide and keep attached to each end of his flat or b()at ■,;j;^:;,;;;'fl;;;; |;;';;i;iJ;^^^^^^ 
 a good and sutflcient apron ; or, not having such a]>rons, to 
 keep at every landing-place a good and suflicient abutment 
 or inclined plane for ease of landing, under penalty of in- 
 dictment at the suit of the public, and of an action for 
 damages at the suit of the party that may be aggrieved in 
 consequence of neglect in that behalf. 
 
 It shall be the duty of every oAvner of a bridge to enclose a. a., 1823. ix. .5iv 
 the sides of the road at each end of the bridge, by a suflicient t.'. <nrio8.- ki.iph „t the 
 
 . IT /. /• 1 ' 1 .road near a liridgc. 
 
 railing, to the distance ot twenty teet, under penalty ot 
 indictment for neglect of duty, and of an action for dam- 
 ages at the suit of the party that may be aggrieved in con- 
 sequence of such neglect. 
 
 For demanding or taking excessive toll at a bridge or a.a..i7s.xix.it4. ?3 
 ferry, the oft'ender shall forfeit to the party aggrieved ten i\. ■o2ii.g'20:i8i3. ix! 
 dollars, to be recovered with full costs before a Justice of " Ait.r«i. 
 the I'eace. *oii. 
 
 If anv i>crs(»n shall meet with unnecessary delay at any a. a.. i7r«. ix. 312. 
 
 '. - 1 1 1 • 1 1 * * !• ' IViialty for rallying dc- 
 
 public icrry, toll-bridge or causeway, he may recover trom la.v. 
 the ]ter.sons keeping the same, for every hour of such uiiiie- 
 cessary delay, the sum of ten d(»llars, to be recovered by 
 warrant and execution from any Justice of the Peace. 
 
198 
 
 A. A.. is<J7. IX. 43«« \x i.rivate ferries am] bridiros toll shall not bo rofeived 
 
 f «w. ' 
 
 fr^w'"'*'""""' ''"'""^'''^'" persons who are exempt fVoni ]»aying toll at those 
 which art' chartercMl. 
 
 A.A-iR2i.ix.52H.>ifl. Yhe penaltv of exaetinir *^r «lenian<liiiir toll of persons 
 
 I'ennltv fur ••xnrlinK I . r> .— I 
 
 . ji fn.m I1..-.C- .x,!,,,.!. exempt hy law shall ho ton dollars, to ho rotovoiod for the 
 nse of the party <rriovod, hoforo any Justioe of the jtarish 
 or district where tlie offence is committed. 
 
 The Tax Collector of Ahhcvillo district shall divide 
 At.N^viiirTiiKirict. equally tlie money arising from the road tax of the said 
 district amoni^f^t the four Hoards of CoiiniiissioniTs of the 
 said district. 
 
 ^.'*"'^^''?'^•'V« . The Board of Commissioners of TJoads for the Parish of 
 
 K<lii-t<i..I<>liii »Hiiil \\ lul- 
 
 uuinw iKiand-.. <^^ Jidin's, Colloton, sluill assoss the inhahitants of Edisto 
 
 Island for the rojiairs and construction of roads and 
 bridjjes on said island, and the inhaltitants of .lolm's and 
 "Wadnialaw Islands for the repairs and consti-nction of 
 roads and hrid^os on either of the said islands; and the 
 iidialiitants of Edisto Island shall be exomi)t from any 
 assossniont for tho roj^airs and construction of roads and 
 bridtfos on Johns and AVadmalaw Islands; and tho inhab- 
 itants of Jolni's and Wadmalaw Islands shall bo exempt 
 from any assessment for the repairs and construction of 
 roads and brid^jfcs f)n Edisto Island. 
 
 A K iw« XI .w.) ^^'''*^' ^'•""I'li^^i""*^'''"^ <'f Roads for tho I'arish of St. 
 
 u^rAtay'ilTi. *" '"''John's, Colloton, or a majority of thoni, are hereby author- 
 ized to lay ami collect assessments, from time to time, for 
 the purpose of buildinj:; and keepiui!; in rejiair the brids^es 
 (HI the liay lioad : which assessnuMits shall bo paid by each 
 liouseholdor in tho villaii:o of Edini^sville, accordini,' to a 
 rate which will be in proiiortitui to the general tax of i-ach 
 individual ros[)Octively. 
 
 A A.isiT ix .^77 1^ ^\rA\\ bi' lawful lor the Coinmissioiu'rs of the Roads, 
 
 poK''''' '''''"'''''' ''"^^ :iii(l Vrn-'w^ in the District of Kdnctlel.l. to appoint 
 
 a fit and proper })oi"son to i-olk'ct all fiiu's which shall be 
 
 imposed by tho said Commissioners for noirloct of ]iorform- 
 
 ance of road duty, when roijuired by the Commissioners to 
 
A. A.. 184S, XI. JOJ. 
 State Hoad. 
 
 100 
 
 perform tho same. And the said Coinniissioners sliall take 
 bond and sntHciiMit secnrity ot" said Collector, lor the 
 faithful })erfornianee of his <lnt_v. 
 
 The State Ivoad from CMiarh'ston to (^olnmhia, aixl also 
 the brancli to Camden of said road, toovther with the 
 causeways and bridges tliereon situated, shall 1)e ]>ut under 
 the charge and management of the several lioai'ds of Com- 
 missioners of TTigh lioads and l>ri<lges for the districts and 
 })arishes in which said roads, bridges and causewavs are 
 situated; and the said IJoards be required to kerp tlu-m n}» 
 and in good order as public highways. 
 
 Gates are allowed on all the nublic roads on the sea a. a., is2i. ix, 50!t. 
 
 ' (iatps, wlien Hlloweil. 
 
 islands. It shall be the duty of all passengers to close such 
 gates behind them; and any person passing through such 
 a gate and leaving it open, shall pay to the proprietor 
 of the field a tine of twenty dollars, to be recovered with 
 costs before an^- Justice of the Peace in the parish. 
 
 The proprietors and owners of lands along the road lead- a. A.isost, xii, sn. 
 ing from the north-east corner of Wantout to Tiverton 
 Lawn gate, in the Parish of St. John's (Berkeley), are 
 authorized to erect gates across said road, under tlu- direc- 
 tion of the Board of Commissioners of Roads for said 
 parish ; said gates to be ke[»t in good repair, and to con- 
 tinue until further directed by the IjCgislature. 
 
 Whenever the word "Commissioner" is used in this 
 title, the words are to l)e understood as referring to CV^m- 
 missioners of Roads, Bridges and Ferries. 
 
 Tolls (ni<{ T((riiii!hcs. 
 
 The rate of toll receivable at any bridge, ferry or Inrn- a.a.,ik27. vi-.^s.^m. 
 pike gate, when not otherwise laid down, shall be as 
 follows : 
 
 For every carriage with four wheels, for conveyance of "' 
 persons (except stage coaclies running regularly on tlie 
 road) — 
 
 Drawn by four horses or mules KM) cents. KHt<-. 
 
 Drawn by three liorses or mules 7r) " 
 
 Drawn bv two horses or mules 50 " 
 
200 
 
 For every wajfon with four wheels — 
 
 Drawn liy six horses, mules or oxen, or more 75 eents. 
 
 Drawn hy i\\v horses, mules or oxen GO " 
 
 Drawn hy r«iui' horses, mules or oxen AO " 
 
 J)rawn hy three horses, mules or oxen l].') " 
 
 Kvery earriaire with two wheels, lor the eonveyanee of 
 persons — 
 
 Drawn hy two horses or mules, or more 50 eents. 
 
 Drawn hy (»ne horse or mule '^>5 " 
 
 Every earriaii^e, other than lor the eonveyanee ol" persons — 
 
 Drawn hy four horees or mules 50 cents. 
 
 Drawn hy three " ii.') " 
 
 Every other earriaLT^', inelndini;' statues, rnnnin<i' 
 
 reij^ularly 25 " 
 
 Every person on horsehaek, K-adinir or driving; a 
 
 horse or mule 10 " 
 
 Every led horse oi ninle aeeomjianyiiiir a man on 
 
 horse) lack 5 " 
 
 Every horse or midi- in di-o\i' 4 " 
 
 Every head of cattle 'A '' 
 
 Every hoii;, sheep or i;oat. 2 " 
 
 Every animal for show, in addition to tlie ear- 
 
 riage in whieh it is eoifseyed 50 
 
 Every foot passenger at hridge or Ferry 3 '' 
 
 I, 3,0. ,4 ^^ toll-gate may he erected for every twenty miles of 
 
 T..ii-j,'ate fv.T.v iwiniv tni.„j,ii^(. ,vit), ^1,^. aliovc rate of toll, excei)t toot nassen- 
 
 gers, who shall pay one cent for jiassjng the toil-gate, and 
 
 no nioi'e. 
 
 ToiiTh.-."mi.i '^'*'" "'"^' he paid, if iiMpiired, before the passage. If not 
 
 jtaid hi'foie, and reliised after j)assing, the toll-keejier nn»y 
 disti'ain the carriage, hoi'se or animal i'or which toll is due, 
 or aiiytliiiig ciu'ricd in tlii' carriage oi' on llu' animal, and 
 jirocecd to deal with it as in case of distress f(»r ix'iit. 
 
 '.''• , , The toll-keeper shall make tin' chaii<r«.' loi* coins tendered 
 
 • lalf^Kcfpcr to rn.iKc ' 
 
 •'"'"'■''' him in jiayment of toll not exceeding oiu' dollar, except the 
 
 tolls of live eents ami three eents, for which the i>assenger 
 shall find chauire. 
 
201 
 
 Exemptions from Toll. 
 Tlie following persons are exempt from pavino; toll at any it,.. 31 n. pa. 
 
 . •! ia.ji'1 X' • Kxi'inntiinis fiuiii loll. 
 
 turnpike or chartered bridge or leriy, viz: 
 
 Kegular ordained ministers of the Gospel of every de- \h. 
 nomination. 
 
 Members attending the Legislature, in going and re- ii>. 
 turning. 
 
 Persons attending divine service, going and retui'iiing. "j- 
 
 Persons travelling in performance of public duty, civil or \h. 
 military, foi" which no reward is received. 
 
 Every person in the discharge of a public duty, examin- ib. 
 ing the road, bridge or ferry, himself, his carriage, servant 
 and two liorses. 
 
 And in time oi" war or insurrection, troops in the service ii). 
 of the State shall pass any bridge, ferry and turnpike at 
 one-half the established rate of tolK 
 
 Everv turnpike shall be so jjraduated that no part shall it).. sio, ?i6. 
 
 • "^ . ' Koad bed. how gra«lu- 
 
 rise above the horizon at a greater angle than three degrees, »"^''- 
 or one foot of elevation for nineteen feet of horizontal ex- 
 tension. * 
 
 The bed of everv turnpike road shall be not less than H'. ■•nn. jis. 
 
 / _ _ Wiiltli of r(>a<I. 
 
 thirty nor more than forty feet wide, exclusive of the 
 ditches, except on the toj> of a causeway three teet high or 
 more, or in cuts more than three feet below the surface, in 
 which case it shall not be less than twenty-four feet wide. 
 
 Every bridge on a public road shall be as wide as the bed ib. 
 of the road, except where the bridge is more than twelve 
 feet long, and then it shall be at least twenty -two feet wide, 
 and have side-railings at least three leet liigh, or jtroper 
 walls. 
 
 The Commissioners of the Poads, in their several divis- ik. .-jii.jan. 
 
 SliKhlly Hlt<TP<1. 
 
 ions, shall have the superintendence and oversiirht of all Dm.v .-r (•.■mminKionor- 
 
 '_ _ to exHniinc road*. 
 
 roads, bridges and ferries; and when any tuiiii>ike, toll- 
 bridge or W'rvy is out of order, it shall be the duty (»f tlie 
 Commissioners in charge of the jiublie roads in that divis- 
 
202 
 
 ion to doiionnco tlio state of siuli tunii>ike, toll-hridijo »>r 
 fl'iTv, and post an onlor at tlio lni(l«ro, forrv <u' toll-j;ato, and 
 jiuhlisli it in the nearest i^azette, to forbid the takinir of toll 
 there until (»tlier\vise ordered. 
 
 i'r..i.rici-.r ix...ii..w|in>- Aiid after the jiostinij of siieh order, and as loiii^ as it 
 tii<ini.ri!.di-v..iiiiiiu.-<i. eontiiiues ni toree, the pr(»j»rietor oi tlie hridire or turnpikt' 
 shall allow iiassc'nu;ers to pass, and tlu' owner of the ferry 
 shall jiut over ami convey all passengers, that are willinjx to 
 inetir the risk, gratis. And in ease of a violation of tiiis 
 order, sneh pro}>rietors sliall incur the peindtics (»f unlawful 
 detention, or of takiuir illciral tolls, as tlu' case may he. 
 
 c!'mniU«iorior» t.. n - AimI It shall hc tln' (luty oj' the Coiiimissioners to repeal 
 
 P^i<«nier«i...ncHusoi.jj,^. Order suspci 1 . 1 i n^' the ri-ht of takinir toll, when the 
 
 cause is removed. And in ease of their relusal to do so, 
 
 after notice that the cause has been removed, tliey sludl be 
 
 liable to a mandanius. 
 
 !'lwfm'!n"of injur- ^^iniy jK-rsou shall williilly injuiv or destroy any |.art 
 i7idiJ;rf[;rrL.'"'''''*' of ''".^' l'"l'l'"' '■":"! «"■ hrid-v. ..r any toll-house or toll-<,'ate 
 thereto belonn-iuii;, or the boat, ropes or tackle of any pub- 
 lic ferry, he shall, on 7'onviction. be imprisoned not more 
 than three months nor less than one month, and pay a tine 
 of not less than twenty nor more than live himdred dollars, 
 besides beiny; lialde for all the expense of repairs caused by 
 his wrong doing. 
 
 T('"koc|M.n tii.-riKbi. Everv persoii travelling on any highway, juiblic road, 
 causeway or bridge, shall kt'cj) himself ami his carriage, 
 liorses and attendants on the right hand, so as not to molest 
 any person on the other sidi', or his hoi-se, carriage (U- ani- 
 mals. And any person oifending herein shall be considered 
 tlie aggressor in case of collision. 
 
 lb., 314. §5. vr , ,, , ,. 
 
 No fire to be cirricMi on ^o iiersou siiall carrv ovcr or place an\' tire on any 
 
 a bridge. ii-i i-i*^! ' i-i''/> 
 
 wooden brnlge, or bridge the sujierstructure ot which is or 
 wood, on pain of bi'iiig held liable tMiM'\ei'y damage that 
 may ensue. 
 
 No' ^i^fjJieii building ^"'* woodeii building, or building co\-ered with coiiibusti- 
 •withinfifty fcctof bridge. ^^j^ uuitcrials, sluUl bo crected within Httv feet of aiiv 
 
203 
 
 Avooden bridg-e tliat is more tlian fifty foot loiio;: and the 
 owner of the bridge, or tlie Coniniissioners of tlie Roads, 
 may cause any sneli building to he removed as a nuisance. 
 
 It shall be the duty of the keeper of every bridge, tei-rv n... .lu. ?7. 
 or toll-gate to prevent the passage ot slaves without a""t iMunnii. 
 ticket, and to coiumit such slaves as atteiu])! to jiass with- 
 out a ticket, to jail as runaways. 
 
 The proprietors of a toll-bridge, turnpike road or ferry, ii,..3i5.^9. 
 shall be liable to indictiucnt for nuisance at common law, ,,,'i7|;.';;"kTfno!?UM-.''^^^^ 
 in case of their neglect to keep them in proper order. 
 
 Strife Bond. 
 
 The whole of the State road has been thrown open to 
 prouiiscuous use, except the iSaluda turn[>ike, for which sec 
 A. A., 1855, XII, 412. 
 
 Orcr Bctailcrs. 
 
 .\.A..1S01. V.3M. 
 A. A.. 1843. XI. 262. 
 
 The exclusive jurisdiction over licenses to retailers of 
 spirituous liquors, tavern keepers and keepers of billiard 
 tables, and hawkers and pedlers* is vested in the Com- 
 missioners of Roads in the several districts and parishes. 
 
 They shall receivt; all applications to retail sjtirituous 
 li(pu)rs, or to keep tavern, at their stated meetings, and at 
 no other time: and they shall grant or reject such ai)plica- ib. 
 tions as to them shall seem meet and jn-ojier. and no license 
 shall he granted for more than (»ne year. 
 
 Xo license to retail s])irituons li(piors shall be granted a. a.. is:}.\ vi.528. 
 withoiit a recognizance previously entered into 'by the tiol""*"'"'""" """'"''' 
 retailer and two sureties, conditioned for the observance on 
 the part of the retailer of all laws api)licable to the retail- 
 ing of spirituous liquors, and the sureties in the recogni- 
 zance shall be substantial freeholders, residents of the 
 district or }>arish ; and the recognizance shall stand as a 
 security for all fines inijjosed for violati(»n of any laws 
 ajiplicable to retailers, and may be estreated npon the con- 
 viction of the party for any oii'ence jigainst said laws. , 
 
204 
 
 2*:ioV.ii«-n.r. '''''^' 1»«'><^'^' of a license to retail si»iiitiiuiis liquors shall 
 
 Ik- tiftv (lollnrs. 
 
 HctMilcr iiiuhl M-ll 
 openly. 
 
 Flnt for claDtliwtitK- 
 
 KviTV ri'tailer of sjtiritiious Ijcjiiors sliall st'Il tlu' rKjiKU- 
 wliifli In- kiTjis tor saK' o|iriily : ami il" aiiv n-taiU-r shall 
 '^'*' eIaii(K'sliiu'ly l»t'liiii<l a scriH-ii, liootji. or otiirr foiitrivanee 
 
 for c-oiieealiiK'iit. irive, sell, (lisposc of. or retail aiiv spiritu- 
 ous li(|Uor, he shall, on convictioii. In- tiiicd in a sum not less 
 ♦han fifty, nor more than two linndrrtl dollars, aeeording to 
 the discretion of the }»residin4; dndire. 
 
 Li.-.rif^.- lo ri-uiriiot lo ^<» license to retail shall authorize sellini,^ in less than 
 iou..itt.i.ko„ti.,.|.r,m-<>»>e quart, or sellmi^ Inpntr to l)t' drunk on the jiremises 
 
 Im-n nr ill iiiiHiititiitt l<i»H I 1 J A il !• A A 1 
 
 than a .jiiart. .-xci.tion wlicrc solu, cxccpt tlic liceuse to tavern keepers. 
 
 of tavvni kcx.-jKTH. \ I. II. 
 
 A. A..iw;i.xM.!>j:i Xo license to retail siiirituous TKiuors shall he ijranted 
 
 •"^o- Without the re<'omniendation in writinir <»f two suhstantial 
 
 freeholders ot' the vicinity wlieiv the i-etailinir is in-oposed. 
 
 yot^oil;^mr.. ^*" ="'.\ 1'^''"'^"" ^''-'l' '■•''='•' -i''"'it»on> ]i,,uors witlM.ut a 
 
 **a."a. 1842. xi.225. 1*''"|"^''" lit-'tMisc, lie shall, oil conviction, forfeit aiul pay the 
 
 sum of one hundred dollars, or in the diseretiim of the 
 
 Judge sentenced to imjirisonmeiit not exceeding six months. 
 
 B;ilior,l TnhUs. 
 
 ".';,. ,,„,, The price of a license for keciiiiiLT a puhlic liilliai-d tahle 
 
 Billiard Tiililc. ' I .~ I 
 
 Price of LiceiiHc. gi^n ]„. (i|',^. ,h,llars, to tlic Cliairniaii. for the use of the 
 
 lioai'il. aihl two dollars to the ('lerk. 
 
 Penalty f.,r kfrpintr "^I''"' penalty for kei-piiiiT a puhlic hilliaid tahle without 
 
 5:^{h!:;..ti:^. '■"''''• license shall lie thiv.> hu. .d.vd <lollars. 
 
 of. 
 
 iinu i..-i.i.iiii-rt.iiNi...M-d All the penalties tor hreach of tlu' law res|>ectiiig lici'iises 
 shall he disposed of; one-half to tlic infonucr for his own 
 use, and the other h;;lf to the Commissioners of the Koads, 
 for the use of the Hoard: l*ri)ri(li<l, that any ri'gulations 
 anTotLVr Tu^^^^^^^^^ i":'<J'' ^ '.v <''*' ^""'.v "'' ( 'liarlest . .11. and the other iiicorj.or- 
 Sict." '''*''"'"''■ ""■ i>tcd towns, in conformity with their powers on the suhject 
 of licenses to retail, to kt'cp tavern, or to keep hilliurd 
 tables, shall he good and valid. 
 
 8uviii(j 1.1 till' Cilv 
 
205 
 A7ul prori(h'd, also, That it shall he lawful for anv itlantcr i''-gT. 
 
 ,■, i 11 •! • • T ." . •*">■ I'liiiiter or other 
 
 or other person, to sell or retail spirituous liquor in quanti-pp"^"" i";».vK,.iiin ,,„„„. 
 
 / T .,1 1 , . tity licit less tliaii a iiuart. 
 
 ties not less than one quart, aistilled on his own plantation, 'W«""- •ii'itiiio.t ..f native. 
 
 ^ 1 ' niatoriHls. 
 
 of the gmwth and produce of this iStatc ; if such li(|Uor he 
 sold, to he carried away from the }»lace of sale. 
 
 Ocer Tavern fvcrpcrs. 
 
 No license for the sale of s])irituous liquors, in tiuantities f-A-isw. xi.nsT. 
 
 i 1^1 Licenses fur sale of 
 
 less than one quart, or for the sale of litiuor to he drunk on '''''■""""'' "''""™- 
 the preniises, shall he granted except to tavern keepers; 
 nor to thcni for more than one year. 
 
 11... ?2. 
 Tavern licenses. 
 
 No person shall he licensed to keep a tavern, hut such 
 as shall he recommended hy at least three respeetahle free- 
 holders of the neighhorhood where said tavern is proposed 
 to he kept, who shall certity that the person so recom- 
 mended hy them is of good repute for lionesty and sohriety, 
 and is known to the }tersons recommending to liave at 
 least two s[>are hcds and neccssaiy hedding more than are 
 required for the family of the said applicant, and is well 
 provided with house room, stahling and provender; and 
 thereupon the Commissioners of Koads, to whom such 
 application shall he made, may, in their discretion, grant 
 the license prayed for, which shall continue for the term of 
 one 3-ear and no longer. 
 
 No license shall issue to any i)erson whatever to keeji a n... ?3. 
 
 , ,, . ' . , <» 1 1 ■'"'" ''<'<■"'"'' cliall issue 
 
 tavern, rteiore a recognizance m the sum oi one thousand ""tii tiie applicant have 
 
 111 -1 ' 1 1 r\' • -111 .1 '"'''' •'"cote'l a recogni- 
 
 dollars, with two good and suincient treeholders of the "-'""• 
 district, ap[)roved of as sureties hy the Commissioners of 
 Roads granting the license, sliall have heen executed hy 
 the applicant in the presence of two witnesses, and deliv- 
 ered to the Secretary of the Board. 
 
 Such recognizance may he in the following form : 
 
 South C^AUOLIXA : Porm of recopni^anre. 
 
 Distrk'i, Dirisio}}. 
 
 Know all men hy these presents, tliat we. A IJ, C D, and 
 E ¥, of the District of , ackiiow Icflgc ourselves 
 
Condition. 
 
 200 
 
 to <»\vi- the St-.itt- <tf S.iiitli Carolina tlu* sum of one tliou- 
 sainl (lollai-s. to wliicli iiayiiic'iit, well and tiiilv to l)C uiadc. 
 we liind oni-si-lvcs and cveiv of" us. earli and ovorv of our 
 lu'ii's. (.'xcriitois and administrators, jointiv an<l si'ver.dly, 
 l>y tilt' luvscnts. 
 
 Witness our liands and stals this day of , 
 
 tlif year of oiii- Lord : Whereas the ahove hound 
 
 A B, has received fri»m the Commissioners of l{oads. for 
 the <listiiet (here insei't division) aforesaid, a lieense to keep 
 
 a taveiii in the house oeeujtied hy , in (deserihe the 
 
 j)rennses). which liciiise is to coiilinuc for one year friun 
 this date. 
 
 Now. the condition of this recognizance is sucli that if the 
 aho\e hound A H shall n(»t, durimrlhe term aforesaid, kcip 
 a disoi'dci'jy house, nor sutler or jti'rmit any uidawful ii'aminu; 
 in or ahout his said house, nor violate the laws concernin<^ 
 the tratHc in sjiirituous li(juors, hut shall, duriuir the said 
 time, in all thiii<rs use and maintain ii:()od order and rule, 
 and tin<l and provide i^ood. wholesome and sutHeient 
 lodijini;, diet and entei'tainnient for man, and stahliuir and 
 ])i'ovender for horse, and observe the directions of the law 
 relatini^ to slaves and free persons of color, and the keep- 
 \\\<j; (»f tavciMis. then this rt'coiiuizanci' to he void: other- 
 wise to li'maiii in full force ami \irtue. 
 
 Kl'-n^'iini/i!i?'.t..i,.ii!,-,i ''''"^' '"•'"^ recognizance shall he liK'd in the olii<'c of the 
 (tuHnlMiu'^iisinvi/'''"^'!^''"^ ^'<"»'"t of Common I'lcas an.l (u-iicial ^<es- 
 
 i.r.mTof''thVT(m.itii..iiSi'*iis for the district; and in casi- of the hrcach of the 
 condition tlicn-of, any pcj-son may lih' an .itlidaxit with the 
 Cli-rk ol" the Court of (Jeneral Sessions in the district 
 where such reco<r||izance was i^iven, statin^' the hreach; 
 and till' (Icik shall theix'Upon issue a si-in fm-ias on said 
 reeognizance, rc(juiring tlu' principal and his stireties to 
 show cause, at the next Court of (Jeneral Sessions, why 
 their recognizance should not he t'streated; and if the 
 parties, u|ion due iKtticc, fail to show cause as aforesaid, 
 Judgment shall he given against the conusors, and the 
 dcht and costs le\ied of thi'ii' lands, tenements, goods and 
 chattels; one half the deht tor the use of the infoi'iner. and 
 the othei" half for the use of tlu' l>oai"d of Commissionei's 
 taking such recognizance. 
 
207 
 Every lieoiised tavern keeper sliall \\-avo and keel) in his "'■' o-"'S- ? -t- 
 
 t . 1 1 AilLMpiatc |ir')Visiou for 
 
 house so licensed at least two «;-ood feather heds or niat-;;;:;;;':^'^;;'';*;"^^^^^^^^^ 
 trasses for guests, with good and sutHeient hed clothes for;;;:;;'^l'-;;„;;*"j;'g^^^^^^^^ 
 the same, and })rovide and keep good, wholesome and suth- 
 cient diet for travellers, and stahling and j>rovender for 
 four horses more than his own stock, u[)on })ain of forfeit- 
 ing Ids license and recognizance, and heing subject to the 
 like penalties as for selling without license. 
 
 No license shall entitle anv pei-son to keep a tavern in ii... go. 
 
 I , i ,.',.,. r>i • -^ license sliall ajijilv to 
 
 any other place tlian that in winch it was first kejit hv vir- ■"" i'i="<<'i>i.v- 
 tue of suc-h license ; and such license with regard to all 
 otliei' places and jtersons sliall he void. 
 
 No license to keeii a tavern shall authorize the i>ers(»n ii'..§f>. 
 
 _ _ A liii-nsf til kpoji n tav- 
 
 receiving the same, or anv iterson hv his authoritv or iier-'"' ">'•>" '"•' ""tiion/.- 
 
 " * " • _ ' the Kiik' of Hpiritiioiis li- 
 
 mission. to sell or to keei) and exiiose for sale, si»irituous'i"'"-^ •" "".v i'iiife..\it,.r 
 
 i 1 i tho l;iV( Til liiiuse. 
 
 li(piors in any store, shoj) or other place Avhei'C goods, 
 wares or merchandize of any kind or description are sold, 
 or in any har, stand or other place out of the said tavern 
 house, foi- which license shall liave been granted according 
 to law; and any person ofiending against the provisions of ^ ,!*|jj)f,'|);i/",'; „,^^V^^^^^ 
 this section, shall forfeit his license and recognizance, and 
 shall Ite liable to all the penalties imposed by law for sell- 
 ing without license. 
 
 The i>rice of a tavern license shall he tifty dollars, and ii<» n,.. g;. 
 such license shall be granted until the said sum shall have, ,..•!.•'.' 
 been paid to the C'ommissionei's of Koads by the person 
 a}»i)lying for the same. 
 
 Ever}' license to keep a tavern may, in tlie discretion of n... ?«. 
 
 , .. pTii i-'iii 1 Honcwal of license-". 
 
 tiie C ommi.ssioners of Koads authorized by law to grant the 
 same, Ik; renewed yearly, upon the like recommendations, 
 ju'ovisos and penalties, and in the same manner in every 
 rcs]iect as when sudi license was originally granted. And p.naiiy f<.r rontinninc 
 
 ,. , ... , , • . • i- 1 • r to wll HpiiituoUR liqnom 
 
 lurther, it any person who, at the expiration of his h cense,. -xfirr expiration of n- 
 
 sliall neglect or reiuse to renew the sjniie in manner atore-thewwiK-. 
 
 said, shall, notwithstanding, sell and retail sjiirituous 
 
 rKjuors, then such person shall be subject to tlie penalties 
 
 for selling without license: Provitfcd, that no person oiice vi<'te.i of unUwhiTtraffi." 
 
^l.all ever thereafter h<- oonviotcMl llV IIIIV CollPt (»f COinnOtCIlt j llHsdictioil ill tllis 
 entitlol to receive n li- • • i .' 
 
 cense to keep n tavern ..r j<tate of 11 violiitioii ofjiMv hiw iu»w of foiTO, oi* hcreut'ter to 
 
 to retail N|iiritui>ui( li- > ^ 
 
 ••'"*"• 1(0 jiassetl rosjiCH-tinjj: tlie trnffic in s|)iritii<>iis litjuors, or the 
 
 uiilawlul trattic witli slaves and free persons of color, or of 
 any of the provisions above mentioned, shall ever thereaf- 
 ter receive a license to keep a tavern or to retail spirituous 
 liipiors in any manner, jdace or (piantity. 
 
 Tf any tavern keej»er shall <rive ci'edit. or sell on time 
 I''-?"- anv spirituous li(|Uors whatever, he shall lose the deht, and 
 
 Sale oil creilit of hpir- « • i 
 
 itiiouK ii.|uor8 fori.Mdeii. 1)0 fopover (lisahlcd tVoiii suiii":: lor oi- recoverinij the same, 
 or any part thereof; and any note, hill, hond or other seeur- 
 
 ^SeK-«ritieHfor«u.l..lel.t«j^^. ^^.j^j^.j, j,^.^^. ,,^ ^j^.^.^^ j.^^. ^j ,] ,.i^,„ ,„^ li,,UOrS Sold aud 
 
 drank in or at his liouse, shall he void; and if any tavern 
 keeper sliall sue for any such debt, the person sued may 
 ]»lead the special matter in bar thereof. 
 
 Orer Hawkers and Pcdlers. 
 
 A. A.. 1-37. III. 487, Xo iiersoii sliall travel from t(»wii to town, or from itlace 
 
 184;J. XI. •2IV2. ... . . 
 
 Not to trade witiiout a to idacc, witli articles of trade or tratiic, oi- follow the husi- 
 
 Liceii«e. ^ 
 
 ness of a Hawker and I'edler ■without a license. 
 
 lb. All ajijilications for Lici'iises to cany about, from })lace 
 
 Appiiratiot. to i.e ma.ie |.() p|;,(.^., ailiclcs of tradc aud trafHc for sale or barter shall 
 
 to the lioai'il. I 
 
 be heard by the IJoai'd of Commissioners at their stated 
 mectiii_<i;s, an<l at no other time. 
 
 A A 1K4.T XT, 2.VJ ^o licciiso to deal as a Hawker or I'cdi.i- slmll be 
 
 CumlitioiiH on which li- 
 
 .-ense-s may be piante.i. irninted, witliout a recouii izaucc ju'cviously entered into by 
 the pedler and two good sureties, the ])e(ller in one thou- 
 sand dollars and the sureties in live hundred dollars each, 
 conditioned that the pcdlci-, while the license lasts, sliall 
 ])e of good behavioi'. and not \iolate any of the laws of 
 this State against tiading with negroes, or against seditious 
 liubru-atioiis and conduct, or against gaming. Nor shall 
 "'• sucli license be j^ranti'd to anv but a citizen of the district 
 
 Available only in the. , . , , . ^ , . ,.' , , . , , 
 
 .iiKtrictorpariHh. ni wliicli it IS granted, residing tiiere during tiie last ten 
 
 years, and il" a man then (|ii:ililif(l to vote for iiK'nibei-s of 
 the Legislature. And no license shall be assignable nor 
 avail, or confer any [jrivilcge l)eyond the district or parish 
 in which it is granted: Provided, that if the district or 
 
209 
 
 parish contains more than one Board of Commissioners of B,rrdMicen87from''Z^ 
 
 Roads, a license from one Board sliall enure and l)e good ''""''^"'"*' 
 
 for the whole district or })arish. And the recognizance 
 
 shall stand as a secnritv for all tines imposed for violations 
 
 of the law applicahlc to Hawkers and Pedlers, and may he 
 
 estreated upon conviction of the party of any t)ftcnce 
 
 against said laws. 
 
 Any Justice of the Peace may dennind of a Hawker or g;„^is Iff^^^fer^'^.-efus. 
 Pedler the inspection of his license, .and on his refusal may sXai'u-.''''''" ''"' '"^''""'" 
 issue his warrant and distrain his goods, and the vehicle in 
 which they are transported; and if not redeemed in ten 
 days by taking out a license and paying the costs and 
 expenses, they may be sold in pursuance of the Justice's 
 order by the iSheritt" or a constable, giving ten days notice. 
 And the price of a license and the expenses being RiRht to replevy, 
 deducted, the balance shall be paid to the owner — saving 
 to the owner the right of having his property returned to 
 him upon giving security for his appearance at the next 
 Court of Sessions in the district, to answer to an indict- 
 ment for his otfence. 
 
 The price of License to deal as a Hawker and J*edler a. a.. 1.S35. vi. 529. 
 shall be one thousand dollars. 
 
 If any person shall undertake to follow the business of a a. a..is3o yi. 529. 
 
 •^ ^ _ _ Jim- fiir unlicenHcil 
 
 Hawker or Pedler without a license, he shall forfeit and ''""'''• 
 pay the sum of five thousand dollars. 
 
 Transient persons, not resident in the State, who sell in ^- -^■- i^-''- vi, 295. 
 any house, stall or public place, in every year shall, within ^5;. a.. 1822. vi. 107. 
 ten days after commencing business, nnxke a return to the ^„'''." '"'''^'" '^'^•""'^ »"""- 
 Tax Collector of the district or i)arisli of the trade set up • 
 and the stock at the commencement of the business and 
 pay the amount of taxation thereon within live days. And 
 if they fail to do so, they shall be liable to be indicted, and, 
 on conviction, fined in a sum not exceeding one thousand 
 dollars. Provided^ that this shall not extend to them ihat 
 have a license for Hawking and Pcdling. 
 
 One License will not cover iiartnership dealings, l>ut in a. a. no-. v,.to8. 
 
 '■ ... . liirenoe good for one 
 
 such case each of the parties mu.st exhibit his own license, party ..nij. 
 14 
 
210 
 
 ,-:V ;V; l!!;!\,y." '"■ XotliiiiLC in ivlatioii to transii-iit itersoiis or Pedlcrs sliall 
 
 ifii' III -i-^y. ^ IV. *^ * 
 
 be eonstrucM] to liindcr aiiv jK-i'sdU from selliuii: corn, peas, 
 imitation oats and other irrain ottc-rtMl tor t«ale in Charleston. Xor 
 
 sliall anythini^ in relation to Hawkers and Tedlers he con- 
 strued as forhidding the sale or exposure to sale of any 
 sorts of goods or nierchandi/c in any iiuhlic market or 
 fair within this IState. 
 
 IthicrmU Salesmen. 
 A.A.. is69.xii.709. All Petty Chapnu'n, Itinerant Salesmen, Travelling 
 
 LicfiiHi- riMiuir<Mi af ^ . \ n 
 
 itiniTant sui.snicii otr. Agciits, or otlKM' jtcrson iiot luiviiig a permanent place oi 
 business and stock of goods within the State, are required 
 to take out a license to cany on trade, or make contracts 
 for sale by sample or otherwise, iVom one of the Treasurers. 
 
 p.. Any person attempting to carrv on such business with- 
 
 I'nialtj for rnrryiiiKcn . i^ n i i' i -i ,■ • i 
 
 ^ucllb^lHiIK■ss^vitIl<>ut li- out a previous license shall be deemed guiltv ot a miscle- 
 meanor, and, on conviction, shall be liable to a tine of not 
 more than two thousand dollars, and in default of payment 
 to imprisonment for not more than six months. 
 
 II,. Sm-h license shall be granted on condition only, that the 
 
 Ciiiiditions on wliicli . , ' , ' /• . i 
 
 Riich liccnsfB may be oi,- name aiul resideiice (->t the ap|incant, the nature ot the mer- 
 chandize in which he deals, and a recommendation ironi 
 two citizens of the State, be submitted to the Treasurer, 
 with the bond of the party and two sufficient sureties, free- 
 liolders and residents of the State, in tlie sum of three 
 thousand dollars. The condition of the bond shall be that 
 tlie a|iplieaiit will make a true return of the amount of his 
 sales, for one year from the date of the license, at the end 
 of the year, and then })ay the amount of the State tax on 
 such sales to the Tax Collector of tiu' disti'iet whei'e the 
 sales were made, and that he will not infringe or interfere 
 with tlie laws or regulations of the State, or any municipal 
 authority for the government of slaves or free persona of 
 color. 
 
 Ji'- ()ii e(iniiil\inir with these conditions the Treasurer shall 
 
 Lironse for one year. i . .-> 
 
 Fees. grant him a license for one year; for which the api)licant 
 
 shall pa}- twenty-five dollars for tlie use of the State, and 
 five dollars as a fee to the Treasurer. 
 
211 
 It shall be the duty of all Justices of the Peace to iusti- ib- 
 
 ^ All Justices bound ti' 
 
 tiite proceedinti's aijaiiist any person dealino: as aforesaid, p"»*pcute for infI•a(•li<m^ 
 without a license; and, on conviction, the informer shall be 
 entitled to onc-luilf the fines imposed on the oft'ender. 
 
 It shall be the duty of the Tax Collector to sue the said n*. 
 bond if any of the conditions be broken; and if any breach tiie liond i.. suit, 
 be proved, the full amount of the ])cnalty shall be received. 
 
 It shall be the duty of the Treasurer to keep an account ii.. 
 of all licenses so granted, and of the a]»[>lications uik)ii Trrasnm- (.r aiMiV.'n^rl 
 which they were granted, and the names of the persons that 
 recommended the applicant. 
 
 n. — Commissioners of Main Roads on Charleston ISTeck. 
 
 This Board derives its origin from the Act of 1788, by a. a., nss. ix. :^.n7 
 
 . " ' ./ Origin of Bonnl. 
 
 which Commissioners were appointed for High Koads, Pri- 
 vate Paths, Causeways, Passages, and Water Courses, in 
 the several parishes and districts where County Courts 
 were not established. That part of St. Philip's without 
 the incorporated limits was intended in this description, 
 and under that Act the Members of the Board tilled all 
 vacancies in this Board by their aiipointment. By the Act 
 of 1795, VII, 109, the City Council of Charleston were 
 authorized to fill up auch vacancies. The Commissioners 
 of Cross Roads for Charleston Neck date from 1811, IX, 
 459. Many of the duties which devolve on Commissioners 
 of the Roads are, by the Act of 1811, comiiiitted to the 
 Commissioners of Cross Roads on Charleston Neck. Since 
 1811, the Board which sits as the successors of the Board 
 elected in 1788, has been called the Commissioners of Main 
 Roads on Charleston Neck. It has been held that thisvaoanciw. i.owfiiied. 
 Board is exempt from the regulations made by the Acts 
 of 1825 and 1843, and they continue to be renewed wiien 
 vacancies occur, by the appointment of the City Council 
 of Charleston, and to exercise jurisdiction over the Meet- 
 ing street and King street Roads, from the city line to the 
 parish line, with the power of taxation over the iidiab- 
 itants of the Parishes of St. Philips and St. Michael's, for 
 the maintenance and repair of said Roads. 
 
t)atli. 
 
 212 
 
 TTI. — Commissioners of Cross Roads on Charleston Xeck. 
 
 A. A.. 1855, XII, 435. Qii tliG sgcoikI Moiulav ill .Iiiiiuarv of every second voar, 
 an election, by ballot, tor Five Comniissionors of Cross 
 Koads for Cliarlcston Neck, shall be held at the corner of 
 the main road and the road leading to Magnolia cemetery, 
 to be managed and conducted by three persons, to lie nom- 
 inated and aji{K)inted by the Commissioners of Cross Roads, 
 in the same manner as by the Managers of Election for 
 
 Qoaiifiraiion of vnten.. meRibers of the Legislature; at Avhich election all persons 
 
 A. A.. IMl. IX. 459. 2. -52: , ,, , ^. , i . *" , i -i , ,. , ,i , 
 
 isi:;. IX. i>,^: 1791. V. shall be-entitled to vote who are residents ot Charleston 
 Xeck, and qualified to vote for members of the Ceneral 
 A8seni]>ly. 
 
 A.A..i85ft.xn.43.'i. j2. Thc Commissionci's of Cross Koads so elected, shall meet 
 
 Orj.'niiizatii'ii of Uiinnl. . i -v^ i 
 
 at some convenient i)lace on the JSeck, on the Monday I'ol- 
 lowiiig their election, at sucli liours as may l)e detcimiiied 
 ujioii by them, and elect from tlieir numl)er a Chainiian, 
 and shall take tlie following oath: "As Commissioner of 
 Cross lioads for Charleston Neck, I will equally and imjiar- 
 tially, to the best of my skill and ability, exercise the trust 
 reposed in me, and will use my best endeavors to carry 
 into effect the jturposes for wliich I have been appointed; 
 So helji nie (lod;" and in case of the deatli, resignation, 
 or iH'iiiovai from the said Neck, of any Commissioner, 
 the said Board of Commissioners, oi' a majority of thciii, 
 sliall have pOAver to fill such vacancy by aii]K>intment, or 
 by ordering a new election to fill such vacancy, until the 
 next general election for Commissioners shall lake place; 
 
 Timp niidplareof iiipct- , , • i /-i • • i ii <■ i 
 
 inR. and the said C ommissioiiers sliall meet lor tlie transaction 
 
 of lousiness, at such place on Charleston Neck as they may 
 agree u]toii, at least once a hkhiiIi, and oftener if neces- 
 sary: and a majority of said Jioard shall constitute a ([uo- 
 riiiii I'of tlie transaction of business. 
 
 II'.. ?ie. It shall be the dutv of the (Commissioners of Cross Roads 
 
 Altered. i*^ i • • 
 
 for Charleston Neck, at their first general meeting after 
 
 Clerk and Treasurer, their clectiou, to clcct a (Mei'k aiid Treasurer, \\ho sliall 
 
 enter into Ijoiid, with approved security, i)ayable to the 
 
 Commissioners of Cross J\oads for Charleston Neck and 
 
 Bond. their successors in office, in such penal sum as the Coniinis- 
 
 V.'icincies. 
 
213 
 
 sioners shall deem sufficient for the faithful discharge of 
 the duties of his office, which bond shall be deposited with wboio depositee. 
 the Clerk of the Court of Coiuniou Pleas for Charleston 
 district; and the said Treasurer shall receive for the [)er- compon^ati,.!). 
 forniance of his duty such compensation as the Commis- 
 sioners may agree upon. 
 
 The Commissioners of Ch'oss Koads may, at their discre- ii... gn. 
 tion, elect a Marshal or Marshals to perform such duties as 
 said Commissioners may direct, to enforce the Police Kegn- 
 lations of Charleston Neck, with such compensation as the 
 said Commissioners may deem reasonable; which said 
 Marshal or Marshals may appoint such numl)er of depu- 
 ties as lie or they may choose and the Connnissioners 
 approve, to aid him and them in enforcing Police Regula- 
 tions. 
 
 The P)oard of Commissioners of Cross Roads shall reiK)rt '';-^''\ 
 
 i Altcrcil. 
 
 and publish their report in the same manner and at the ■\""'""' K'poit>'- i'^" 
 sanie time as the several Boards of Commissioners of Roads 
 in Charleston district. And the Board shall be liable to 
 the same penalties, and the Clerk and Treasurer to the 
 same fines, for the neglect of this dut}', as are prescribed 
 for similar neglect on the part of the Board of Commis- 
 sioners of Roads and their Treasurers. See Commissioners 
 of Ro'culs. 
 
 The Commissioners of Cross Roads shall have power to J,''-?^:- 
 
 1 Power to assesti. 
 
 assess any sum not exceeding twenty-five per cent, of the 
 general tax upon the iiroi)erty within that part of St, 
 Philip's parish, lying out of the jurisdiction of the City of 
 Charleston. 
 
 All the taxes assessed by the said Commissioners, in V'-^i^. 
 pursuance of their powers, shall be collected by the Tax'""''''""^- 
 Collector of St. Philip's and St. Michael's, as in other 
 cases of taxes laid l)y a local board. 
 
 All collections on account of the Board of Commission- KuMfkwv appii.,!. 
 ers of Cross l^oads, shall be applied to keejiing in rejiair 
 the streets and cross roads within the limits of Charleston 
 
■2\4 
 
 Xeck, and such othor imrposes as may ho uccoaanry to pro- 
 ,niote tlie health, safety and good government of the inhab- 
 itants. 
 
 lb.. ?is. Tlie Commissioners of Cross Roads shall have and exer- 
 
 cVimmiMionontof till- c\so all tlie powers and duties ot ( ommi.-^.^^ioners ot the 
 
 I'fvir. -, ^ ,.. 'Til 
 
 loop, and the f^nww ]»o\vers as C omnnssionors ot Hoads 
 over all the roads on the Ni'ck. except tlie main roads, and 
 over licenses, within the said limits. 
 
 Wli.irvis anil Jiiprn. 
 
 I'lie said Commissioners of Cross Roads shall have power 
 to ti.\ and determine tlie site of all wharves or [tiers to be 
 hnilt for the pnrpose of landing, and the distance or extent 
 of which they may be allowed to encroach npon any river, 
 creek, or navigable stream within the said limits, below 
 low-water mark. 
 
 Aitewi. i'^iG Commissioners of Cross Roads, respectively, during 
 
 Jy.^&' •'"'""'■'' °'the term of office shall be vested, cr offirio, with all the 
 powers of Justices of the Peace, for suj)])ressing riots and 
 breaches of the }ieace, within that part of the said Tai-ish 
 of St. IMiilip's without the Jurisdiction of the City of 
 Charleston. 
 
 lui-mpt' from militia '^^'^ Commissioncrs of Cross Roads shall be exempt from 
 ''"'■'• ordinary militia duty. 
 
 1\'. — Commissioners of Cuts. 
 
 The ci'eeks and passages along the sea islands, from one 
 bay or river to another, or from one point to another of 
 the same river, which are subservient to a continuous navi- 
 gation, re(piire from time to time the attention of the 
 j)ublic aiitlnn-ities. And commissioners for o]»ening, cleai-- 
 ing and improving such jtassagcs have been appointed, 
 under the name of C'ommissioners of Cuts. The powei's 
 oi' these commissioners are contined to the particular 
 creeks or jtassages for which they are appointed, and their 
 duties are detined by various k)cal acts — many of which 
 have fallen into desuetude. The most conspicuous Board 
 at the present time is that of New Town Cut. And the 
 
215 
 
 followinii; regulations, where not overruled by the local 
 laws, apply to all Boards of Counuissioners of Cuts. 
 
 Coniiuissioners of Cuts shall he appointed by joint reso- oommilstmi^"' ^^'^' 
 lution of the Legislature, and hold their offices during the ""«■ «i'i'"'""'''- 
 pleasure of the (ileneral Assend)ly. 
 
 In case of the death of a Commissioner, the vacancy 
 shall be tilled by the survivors or survivor. No person 
 shall be appointed Commissioner of Cuts, but sucli an one 
 as is liable to contribute to the improvement of the creek 
 or cut for which he is appointed by labor or assessment. 
 
 The inhabitants who are habitually benefited by the use 
 of any such creek or cut, as the}- are designated or defined 
 in the Act appointing Commissioners for the same, shall 
 be liable to contribute labor or money toward keeping the 
 same in order, as directed by the Commissioners. 
 
 Any person appointed a Commissioner for any creek or AVtVrpri'. 
 cut, and refusing to serve without a sufficient excuse, by gj',"""'*-^ '^^"" '''■^'"""''^'" 
 reason of infirmity, absence or public duty, shall })ay a fine 
 of fifty dollars — to be recovered by sci. fa. in the Court of 
 Common Pleas, in which proceeding the certificate of the 
 Chairman of the Board of Commissioners shall have the 
 authority of a record. But no person shall l)e bound to 
 serve as Commissioner of Cuts more than three years out 
 of six; and the fine shall be ai»plied to the use of the 
 Board. 
 
 It shall be the duty of the Commissioners of Cuts, t0p,j;;^,?«-c„„„,i,,i„„,„. 
 ascertain from time to time that the cuts are open and 
 free to the customar}' navigation for boats drawing not 
 more than four feet of water, except at such time as may 
 be necessar}' to close the same for repair or w'ork. But, 
 in no case shall the cut or creek be closed so as to pre- 
 vent the passage of boats for more than two consecutive 
 months; nor without thirty days previous notice, daily, in 
 one of the papers in the City of Charleston. 
 
 It shall be the duty of such Commissioners, also to see ih.. je. 
 and provide that no logs, stumps, shell-banks, sand-bars, 
 
21(i 
 
 marshes, mml-lianks, or any (»tlior obstacle to the free, safe 
 and oonvt'iiic'iit i)assa<,a> of lioats at tlie usual time of tide, 
 be allowed to remain in the said cuts- or creeks, so as to 
 cause manifest injury or inconvenience to naviiration. 
 
 Bank- und munowayH AimI it sliall ln' tlu' tnrilici" (lutv ol" suc'li (.'onuuissionei's 
 
 to Ih- kept in reiiair. .-i ' ii i i i-'*iii 
 
 to Keep in tirni and ^ood coiKlilKtn tlie l)anKs or rauscwavs 
 of till' said cuts, where sueli banks or «ausi'ways may be 
 neeessary, so that they shall be above tide-water, and shall 
 be free from all such breaks, sluices or other obstacles, as 
 may be an impediment to the use ami navigation of such 
 water courses. 
 
 "'■*°" It shall be the I'lirtlier duty of such Commissioners, for 
 
 the better navigation of such cuts and creeks, to make, 
 
 New channoin. oiicu, dig out, cleaiisc, aud keep in rejiair, new channels 
 
 through such points of nuirsh mud as ])roiect into the 
 creeks oi- bays, and iiniiedc ilic transit of boats by forming 
 curves or banks in the said creeks, and generally to liave 
 all such work done as may from time t<i time l)e expedient 
 or necessary loi' tlu' safe and con\enieiit use of such cuts 
 or cri'i'ks. J'rorida/, that in case the said C'ommissii)ners 
 shall open any ni'w channel through any projecting point 
 of marsh land, tlu' proprietor ov owner of such uuirsh land 
 sliall be entitled to a reasomible compensation for the 
 aj>i>ropriation of such land to the ]»ublic use — to be assessed 
 by three discreet and disinterested citizens, chosen by the 
 mutual consent of the Commissionei's and the other jiai-ty; 
 such comjiensation to be ])aid out of the funds of the 
 Ih.ard. 
 
 I'.'.wei-s; The Commissioners of Cuts, in the iierformance of their 
 
 duty, may call out all male inhabitants in their several 
 limits, or cause the \\'ork to be done by contract, or do it 
 llicniselves with tlic laboi" of hii'c<l liaiids. 
 
 \}'„;,lrl[^- If thiy clioose to call out the inhabitants, they shall have 
 
 the power to re(piire (lie attendance of all the men between 
 sixteen and fifty years of age in their district, and may 
 recjuire a return, on oath, of all the nuile slaves between 
 those ages; and any one of ilicin Ikinc the power to ad- 
 
217 
 
 ministei' such oath. And if any person lawfully required 
 to do so shall refuse to make sueh return, they or a major- 
 ity of them may assess the defaulter, aeeordiuii; to the hest 
 of their information, in a sum not exceeding three dollars 
 for every male slave Avhieh he ought to return, and has not 
 returned. 
 
 And the said Commissioners shall summon all the inhah- "'•• i^- 
 
 To Kiiminoii inhaoi- 
 
 itants, liahle to sucli duty, to he and av)i)ear at the time*'^"*"-, 
 
 ' . . Tools. 
 
 and place appointed with suitable tools, and to do all the 
 work required of tliem. 
 
 If any white person, without sufficient cause, shall 
 refuse to attend such summons, he shall forfeit and pay 
 the sum of two dollars per day for his al)sence: and if the 
 male slaves, between the ages of sixteen and fifty yeai-s, be 
 not duly sent, according to summons, the owners shall 
 forfeit and pay to the Commissioners, or their agents, one 
 dollar per day for every slave not sent as recpiired. 
 
 Ui.. ^9. 
 
 I'l'iiaity on (lefaultei«. 
 
 But no person shall be liable to work on such cuts or '.'';?."• , 
 
 i Nnt Imlilo for more 
 
 creeks more than three days in the year, except in case of "p^",! """''' '^''y* '" "" 
 accident or emergencj', as when the banks of such cuts are 
 washed away or broken by storms, or any unusual obstruc- 
 tion shall occur requiring immediate attention. 
 
 And in case of such emergency, as many hands as may KmerKcncy. 
 be requisite ma}' be called out with i)roper tools and im- 
 plements, upon one days notice, to repair the damage. 
 And the work thus furnished shall be credited to them by 
 whom it is done, at the next general working or assess- 
 ment — one days work to be credited for the day already 
 given, or one dollar for each slave, and two dollars for 
 every white man called out, as aforesaid, and performing 
 his dutv. 
 
 But, if the Commissioners of Cuts in any instance tliink '^-^lo. 
 fit to let out the repairs of the cut, or perform the wcirk by 
 hired labor, they may levy an assessment, for the jinrp<»se ^'»> le^y a««cMinent 
 of defraying the expense, on all tlie male iidialiitants liable 
 to the duty of keeping the cut or creek in order. But no 
 
218 
 
 annual assessment sliall exceed tlie rate of four dollars f»>r 
 a white man, and two dollars )ter lu'ad tor nuiK' slaves 
 between the ages of sixteen and fifty years. 
 
 i»'-|u. , In case the Commissioners deem fit to lav an assessment 
 
 To nulify the Tux C^'I- 
 
 •«-«"r- for the purpose aforesaid, it shall be their duty to notify 
 
 the Tax Collector of the parish, in writinir, of the asscss- 
 nu'nt laid, iiiid fiiruish llic inforniatioM and act-ouiits for 
 K'\viiiir the sanu- by a uniform rate. 
 
 ii>..?n- And it shiill Ix' the dutv of llu' Tax Collector to rate the 
 
 Duly of Tax C*>ll<vi..r. , • , ,, , 
 
 mhaltitants lial)U' to tlie nsscssnicnt, and collect the same 
 in like manner and like compi'iisation as assessments laid 
 by Commissioners of the Koads, under the like jienalty for 
 neglect or refusal. 
 
 V'.-i^; All fines imposed b\- the Commissioiu-rs (»f Cuts shall be 
 
 Altered. 1 
 
 KiDM-bow coiioci^i. collected, if not exceeding twenty dollars, by the ^\ arrant 
 of the Chairnum, and if exceeding twenty dollars, by scire 
 facifw in the Coui't of Common Pleas, in which proceed- 
 ing the certificate of the Chairman shall stand in the }>lace 
 of a i-ccord of the fine imjiosed. 
 
 ITT. — Commissioners of Fhki: Schools. 
 
 I. — Organization of Boards. 
 TI. — Kegulations of Schools. 
 
 lII._Kn'C Schools in St. riiilip"s and St. Mi<-hners. 
 1\'. — Mutual iMities of Commissioiu-rs and Treasurer of 
 
 theii- l)i\ision. 
 \'. — RetuiMis to be made. 
 VI. — rciiahies foi- Ollieial Misconduct. 
 
 J. — OlKJAMZATIoX Ul' HnAUn. 
 
 Ai.t;;inuul.u.'u^^ There shall be api)ointcd in each election district a nuni- 
 
 ufHtTvicc. |^^,j. ^|> (;ommissiouers of Free Schools, not less than three, 
 
 nor more than thirteen. The saitl Commissioners shall be 
 ajipoiuted by the Legislature by noniimitiou, ami shall 
 continue in ofHce for three years from the time of tlu'ir 
 apjiointment, and until a new appointment shall be nnulc. 
 
210 
 
 Abbeville Eleven. . ^■'"nl'c>• "f Commis- 
 
 sioiiors. 
 
 All Saints Three, a.-^"'^^^'*'-'^''^^^- 
 
 Anderson ^^^^^^^^^^J^A..ls:v^.x^u.m, 
 
 Barnwell or Winton Eleven, a. a., isss. xii. 739. 
 
 Chester Seven, a. a., mi, v. 041.11.-. 
 
 Chesterfield Three. „, 
 
 Christ Church Three, n,. 
 
 Clareniont Seven. 11,. 
 
 Clarendon P'ive. ii>. 
 
 Darli ngton Five. i'>- 
 
 Edgefield Thirteen, i'-- 
 
 Fairfield Nine. "'• 
 
 Greenville Nine. '''■ 
 
 Kershaw Five. ^''• 
 
 Kingston, (one from each of the Six Beat Companies). .Six. a. a., isos. xn.739. 
 
 Lancaster Five. a. a., isii. v. 64i, ? w- 
 
 Laurens Xine. "'■ 
 
 Lexington Thirteen, a. A..i8.-i-.xii,6io. 
 
 Liberty or Mariom Plight, a. a.. i84i, xi, 170. 
 
 Marlborough Five. a. a., ikh. v. 64i. j le. 
 
 Newberry Nine. 
 
 Orange ■ Five. 
 
 Pickens Seven. 
 
 Prince William's . . . .Fi ve. a. a., isn. v. wi, ? w. 
 
 Richland Five. >''• 
 
 Spartanl)u rg Nine. '*•• 
 
 St. Andrew's Three, n*- 
 
 St. Bartholomew's Nine, i'' 
 
 St. George's, Dorchester Three. ''' 
 
 St. James, Goose Creek Three 
 
 St. James, Santee Five 
 
 St. John's, Berkley Seven 
 
 St. John's, Colleton Five 
 
 St. Helena Five. "' 
 
 St. Lukes Five. "'• 
 
 St. ^Latthew's Seven, a.a.jrsr. XM.739. 
 
 St. Paul's Five. a. a .. isn. v. fl4i. j le. 
 
 St. Peter's Five. n-. 
 
 St. Philip's and St. Michael's Thirteen, n-. 
 
 St. Stephen's Three, i'- 
 
 St. Thomas and St. Dennis Three. ^^■ 
 
 ii>. 
 II.. 
 
 A. A.. 1S.T0. VIII. 558. 
 210. 
 
 Ih. 
 II.. 
 II.. 
 II.. 
 
220 
 
 ""■ Union Seven. 
 
 "•■ AVillianishur«:: Five. 
 
 '*•■ "Win yaw Nino. 
 
 "'• York Seven. 
 
 Me^iiiil^"' ^' *'*' * '■ The C'onimi.-^sionei-s in eaeh district shall meet together 
 annually, on the fourth Monday of January, and (|uar- 
 terly on the fourth Monday of Ai»ril. July and Oetoher, 
 
 offlcoi>toi.t«|.p<.int«i. j„ t'very year; and. at the anniversary meetings, shall 
 annually elert a Chainiian and Secretary, and shall fill the 
 vacaneies whieh have hai)i»ened in their lioard. And, on 
 
 vnrtwicies. tiu' <leath, resignation or ahscnee from the State of the 
 
 Chairman ov Secretary of any Board of Commissit)ners, 
 the memhers at the next quarterly meeting, provided a 
 majority be present, shall appoint a successor. 
 
 a.a..ik;,9.xii.7R8.jj. The Board of Commissioners of Free Schools in the sev- 
 Bond of Trea«urcr. erul districts aiid parishes, shall re(piire the Treasurer, 
 before entering upon the duties of his oiiice, to give bond 
 with suftii'ient sureties to the Commissioners of F'ree 
 Schools lor the district or i>arish, and their successors, for 
 the faithful (lischarge of the duties of his oiiice. The 
 amount of the security shall he fixed by the Hoard, and the 
 bond shall be tiled in the oiiice of the Clerk of the district. 
 
 c!'ini.oiiH.iii.,,,„fTrc;ui- ^lic Trcasurcr shall keep and disburse all moneys belong- 
 "'^'"'- ing to the Board, according to their directions, and shall 
 
 safely keep all bonds and evidences of del)t belonging to 
 the Board, and for his services sludl be all«)\ved a commis- 
 sion, to be iixed by the Board, on all sums received or ]>aid 
 away, but no commission, or other fee, shall be allowed on 
 the transfer of funds frciiii the Trcasurci- to his successor ; 
 nor shall the commission allowed to the Tivasurer exceed 
 the rate of two ]»er ci'ut. on moneys reci'ived. and two per 
 cent, on moneys }»aid away. 
 
 A.A.. isii. v,ft4o,§io. The Secretarv of eat-h Board of (\»mmissioners of Free 
 
 Scrrctiiry to keep f-,1,1111'^ 1. • /• 
 
 j">irnBi. Schools sliall keep a regular Journal of the transactions of 
 
 tlie Board, which shall always be open to the inspection of 
 the (leneral Assemblv. 
 
221 
 
 For tlie support and maiiiteiianee of the Free Schools, \'';",i^;,.iation 
 the sum of three luuulred dollars per annum for each 
 school is herehy and forever appropriated, to he paid out 
 of the treasury. 
 
 The Commissioners may, in their discretion, aiiply the !»>•, gi-^- 
 fund ap]iro]triated for Free Schools, in connection with '"'»'j "•" ceVtuin sciux.is. 
 Schools cstahlished hy charitahle donations for the purpose 
 of education. 
 
 n. — Regulations of Schools. 
 
 The Commissioners of Free Schools shall divide their a. a., issn. vi. 52y. 
 respective districts into as many school divisions as they ^'^''""' Divisions. 
 may deem hest, provided that the numher of divisions shall 
 not he less than the nund)er of schools, if there he as many 
 schools as Commissioners in the disti'ict or parish. Oue 
 Commissioner shall he a])pointed hy the Board to superin- 
 tend each of the school divisions. 
 
 Each Board shall appoint three Trustees to each school Jk. ?fi. 
 
 A i ^ J rust ic-stneaoli School. 
 
 under its jurisdiction, who, with the Commissioner of the 
 school division, shall supervise the same, and recommend 
 applicants for admission. 
 
 The Commissioners of Free Schools in each election A..'V..i8n. v.amji.s. 
 
 T • 1 !• 1 • 1 • T • 1 r T< Number of Schools to 
 
 dLstrict sliall establish in tlieir district a numher ot i* ree 'n- <-'i"«i t<. mc-mi.prs of 
 
 Ilonsc of KeprpHciitativfS. 
 
 Schools, equal to the number of members which such dis- ^. >>.".>: ''>^', increased or 
 
 trict is entitled to in the House of Representatives ; but 
 
 they or a majoritv of them may increase or diminish the 
 
 number of schools in their district, and draw the whole 
 
 amount of the appropriation, without reference to the iu- 
 
 crease or diminution in the number of their schools. 
 
 I^o school shall be established in ai.v part of anv district, ih. ?i4. 
 
 . ' * Inhaliitantfi of dint riot 
 
 unless the inhabitants shall, at ther,- <>\vu expense, provide »o provide a arhiK>i-h..u»e. 
 a sufficient school-house. 
 
 Until the number of schools ]»i-ovid«d bv the State shall n... ?]4. 
 
 . ' f, Srh(K)l(( may be 
 
 be sufficient to e«lucate tl)e children m every part oi every removed. 
 district, the Commissioners are authorizc<l. if tliev think 
 
222 
 
 expedient. t<i remove the schools aiimially into ditleront 
 jmrtii of" thfir risjiL-otivc districts. 
 
 ]H"*." , , , As soon as the Coniinissiouers in each distritt shall liavo 
 
 PchiN.lnt-'UiMiiinil" r<-<l. 
 
 located the scho»»ls in their res|iective districts, they shall 
 designate each sch(»ol hy nuniher or name, and shall icive 
 notice thereof to the Conijitroller. 
 
 '»'-?2. In ^.a^-li of the sch(»ols shall alwavs he tauirht tlie primary 
 
 * elements of learning: reading, writing and arithmetic; and 
 
 sucii otjjer hranches of education as may, from time to 
 time, he directed hy the Commissioners. 
 
 In rn^o <.f cmpotiiion Evcrvcitizcn of tliis State shall he entitled to send liis 
 
 for admiwii'ii. <iiil<lren I'f 
 
 ,H«.r i.rif.rn-d. chil(li«'n or \\:n<ls to any Free School in the district where 
 
 he or she may ivside, free from any e.\i)ense on account 
 of tuition ; and where more children >hall api)ly tor admis- 
 sion at any one school than can lie conveniently educated 
 therein, a ])reference sluill always he given to jioor oijilians 
 and the ehihh-en of indigent ]»arents. 
 
 lb..? 7. The Commissioners of tlie Free Schools shall have power 
 
 l'oW«T OMT till' imiiT . . II- 1 T X • ^ A 
 
 uf the- Ml. .oil-. to determine the situation ot the schools in each district, to 
 
 apjtoint masters for each school, and to remove them at 
 pleasure, to an'ange the sj'stem of instruction until some 
 general system l)e organized, to dei-ide on the adinissi(Mi of 
 scholars, and the prefereiu-e to he given in all cases of douht 
 or dirticultN'. and to sui»erintend generally the inanageinent 
 of schools in their respective districts, and shall have jxtwer 
 to draw on tlu' Comptroller for the sums ai)}iropriated for 
 the schools in their respective districts. 
 
 A. A., iw.. VI .-..-xi. ?:.. '^Q teacher shall he emiiloNcd in any Vvoi' School until 
 
 N(l tvlK'llIT tllkl-Il Witll- . 
 
 ..nt ('XRmiimii..n. ]j^. ^liall havc iiccn first examined hy the Hoard of Com- 
 
 missioners and found (pialilied for tlii' duties of tcaclu-r. 
 
 A.A..1K11 v.f.4<i,?ii. ji' • , . ^..^^^. ^]^^^. ^,,,,, allolte(| for the support of each 
 
 Miiy <'iii|ili«.v for wiiiit ' ' . ' • 
 
 of fund- a f«cHm //■„,,„. y^.],,,,,) ],(. louiid iusuHicicnt to maintain a master loi' the 
 whole year, the Commissioners may employ a master for 
 the greatest length of time for which a comi»etent iiersoii 
 can be engaged in consideration of that sum. 
 
223 
 
 III. — Regulations peculiar to St. PiiiLir's and St. Mi- 
 chael's. 
 
 The Coniniissioners of Free Scliools for St. riiilip's a. a., tsse. xii. 577. 
 
 ^ J2. 3;1857. XII, 604. p. 
 
 and St. Micliaors sliall have power to lew and collect to levy a.ssoKHnients in 
 
 ^ ^ ' ^ aiJ of appropriation. 
 
 upon and from the tax-payers in the said parishes, annu- 
 ally, a sum not exceedinij thirty per centum uyxm the 
 general tax of such tax-payers, and shall apjily the jiroceeds 
 of such assessments in aid of the amount annually appro- 
 priated for Free Schools in the said }»arishc's. And the said 
 assessment shall he collected as other local taxes now are. 
 See Tax Collector. A. A., 1848, XI, old. 
 
 The powers of the said Board shall extend to tlie appli- a:a. is5o.xii..i77.p. 
 
 ^ ^ , _ _ '^ '^ Powers in ajtplicatmn 
 
 cation of the nloncy which they are authorized to raise, t0"f f"""**'- 
 such Free or Common Scliools within the said parishes as 
 they may see fit to estahlish, and to the erection of build- 
 ings, purchase of lots, furniture, books, school apparatus 
 and conveniences, admission and discharge of pujtils, em- 
 ployment of teachers, and to the proper ordering and man- 
 agement of all scliools under their charge, according to 
 their l»est judgment. 
 
 The Commissioners of Free Schools for St. Philip's and ^ a. a.. ik:,7. xii. wa. 
 St. Michael's arc authorized to establish and conduct a Norma i .«chooi. 
 Normal Scliool for the training of female teachers for the 
 State at large, in connection with a Female High Scliool 
 for the said parishes, and for that purpose to erect and fur- 
 nish a suitable building. They shall have power to conduct 
 the said school, and to make such regulations as they may 
 deem best for its government. 
 
 They shall receive into the said school, free of any charcre n... |3. 
 
 .' . . ./ P ^^-h„t pnpili admittc<l. 
 
 for tuition, female [lupils from every jiart of the State, not 
 exceeding fifteen to each Congressional district, for tlie 
 purpose of being trained as teachers: Proriilnl^ that such 
 applicants shall liavc tlie qualifications and stand the exam- 
 inations required of other apjilicants of equal gradp. 
 
224 
 
 I\'. — Mill \i. Duties of the Commissioners and thk Trka- 
 
 SIREU OF THKIR DIVISION. 
 
 T±lr^u'\^T ^^^''' Tivasmvrs. ivsiu-ctivdy, shall have lull powor and 
 ™rfi^mTXtn.n".''a'itli()nty to \Kiy oft' and disrliarore any order that may here- 
 ju.. j9. after he <h*awn upon them hy any set of Commissioners of 
 
 Free Selio(»ls within hi>* division, without any warrant from 
 the Comptroller (General for that iturpose: Pmrldii/, \ho 
 Commissioners drawinir su*h order s|»e(ity, in their said 
 order, the name and numher of the school, and the name 
 of the teacher; and in no ease shall the said Commissioners 
 draw tor more than is aetually due, or less than one (pnir- 
 ters salary, excejit upon final settlement. 
 
 Not to pay unieBs re- r^]^Q Treasurci'S sliall, in no case. i»av oft' or discharofe 
 
 Itirn ba8 bcvu iiiaJc. 1 • f^ 
 
 any order which shall or may he tlrawii upon eitlier of 
 them, by any set of Commissioners of Free Schools within 
 this State, unless the said Commissioners shall have made 
 a satisfactory return to the Le<;islature, as re<iuired hy law. 
 
 A. A.. 1N2S, VI.378. J.-!. X(» ai»i>ropriation. or unexpended liahnice ol" an appro- 
 
 A|ipri>priati<iiiH imi t<< i i i ^ i 
 
 b«.ira«Manirtwuvc;irH. j)|-i;iti()ii, nuidc for Frcc Schools, shall be di'awn from the 
 Treasury after two years from tlie day on whii-h such 
 approj)riation was made. 
 
 A. A.. isi].v.ft4<j ji:;. Kverv order drawn loi' nionev lor aiiv Vvvc Schools shall 
 
 Kurm uf IHafls. 
 
 be si<j:ned by the Chairnnm and Secretary ol' the Board of 
 
 Commissioners for the disti'ict in wliicli the scliool is sit- 
 
 mited ; shall express by name the si-liool on account which 
 
 Not to I.C iiri.ior ocvcii- the onlcr is di-awn ; and shall not be for a smaller sum than 
 
 ly-llvi- (li.lliirH. 
 
 Except iouh. seventy-hve dollars, unless on the ticatli. rcsiii'iiatimi or 
 
 removal of an instructor, when the sum so drawn lor shall 
 l>e the whole amount which mav be due. 
 
 V. — Rktl'uns to V.K Maki:. 
 A. A., isii, VI. 040. Everv Hoard of Conimissioncrs of Vwv Schools thi'ouixh- 
 
 J 12. '' . . ' 
 
 iletiiriiB to be iiiiuie to out the Statc, sluill. at tl ici r ( pKi I't ctI \' iiicctinu". oil the loui'th 
 Mon(hiy ot October m each year, make a regular return to 
 the Legislature, or to such person as the Legislature may 
 
225 
 
 appoint, of the number of months in the 3'ear preceding their 
 
 said meeting during wliich each scliool in their resi)cctive 
 
 districts has been open for the reception of schohirs; of the 
 
 number of schohirs that, during each quarter, attended the • 
 
 respective schools; of the sums drawn on account of each 
 
 school, with the date of the drafts ; and may transmit any 
 
 observations on the state or regulations of the schools, 
 
 which appear to them necessary or important. 
 
 The Board of Commissioners of Free Schools for St. , ?V ''''*"i'"« »•"' •"'• 
 PhililVs and St.. Michael's shall account, annually, for all ft,f,;;if;v\VmI;ii;^^ 
 moneys, before the Court of Common Pleas, in the same ^rm.,,';^^^ Tt!^HvJ''a^^ 
 manner as is required by law of the Commissioners of l^ll)-'■^i'l!"t'^nt*^ofs^hooK*^^^^^^^ 
 lie Buildings. They shall also make an annual return to {^"^ji^rNonn^^^^^^^^^^^ 
 the General Assembly of the schools, pupils and teachers AA-i»5<xn.604 24. 
 under their charge, and of the expenses incurred for edu- 
 cation. They shall also report, annually, to the General 
 Assembly, the condition and expenses of the Normal 
 School. 
 
 VI. — Pexalties for Official Misconduct. 
 Any person hereafter aiipointed by the Lei>:islature or a.a.,i835. vi. 529. ?i. 
 
 ■ . . . -j^ ^, 't 1*^^ r, J'inc for rofiising to 
 
 the Board a Commissioner ot rree Sciioois, Avho reiuses to serve, 
 serve, shall be fined the sum of twenty dollars, to be 
 recovered for the use of the free schools of the district or 
 parish, before any Justice of the l*eace : Provided, however, 
 that no person shall be compelled to serve more than three 
 years in six. 
 
 Any Commissioner of Free Schools who, being notified n...?2. 
 
 •' _ *- For nogleitiiijt to at- 
 
 thereof, shall neglect, without a sufficient excuse, to bet'-n'i 
 allowed by the Board to attend a regular or special meet- 
 ing of the Board shall be fined the sum of five dollars, 
 which shall be recovered and applied in the manner 
 expressed in the first section. 
 
 The Commissioner of each school division, for neglect or i»... ?:. 
 
 . 1 1 • 1 1 penalty for nl>ui«c of 
 
 abuse of the powers and duties entrusted to him b}' law, p"''". 
 shall be liable to* indictment, and, on conviction, shall be 
 15 
 
226 
 
 fined an amount not losr? than twenty dollars nor nioro than 
 fifty dollaiii ; and for neglect of the powei-s and duties 
 intrustiMl liy law to the lioard of Commissioners, they shall 
 , he liahle to indii-tnient; and on convietii)n of one or more 
 
 of said Commissioners, he or they shall be severally fined a 
 sum not less than twenty nor nioio than fifty dollars. 
 
 Kiife'<.lfo.nimS!il.n.^ ^* "".V l^<^ii''<l <>f Commissioners of Free Schools shall 
 'inp'^^In^l•n•\'u^"lif''^*'uegIect, uulcss upou good aiid sufficient excuse, to make a 
 return to the Legislature as now recjuired 1)V law, then, and 
 in that ease, each and evi-rv mend)er of the Hoard so 
 defaulting slnill, uji(»n conx iitioii \>y indictment, }>ay a line 
 of fifty <lollars ; and maybe removed from office hy j«)int 
 resolution of the Legislature ; and the rei><u-t of the joint 
 committee of both liouses on education, shall be deemed 
 and taken as conclusive evidence of their failure to make 
 returns, unless the contiary shall be sliown by the said 
 Commissioners. 
 
 n... ?2R. It tshall be the duty of the Comptroller-General to direct 
 
 inn for niom-y rwi-ivod. the bolicitor of tlic circuit lu wliicli sucli Commissioners 
 reside, to bring suit in uny Court having competent juris- 
 diction, for the recovery of all sums drawn by any lioard of 
 Commissioners of P^-ee Schools, on account of the Free 
 School tuiid, which they shall not have aeeounted foi' by a 
 regular return ; and the said Coininissioners, and each and 
 every of them, are hereby declared liable for the rej.ay- 
 meut of the same. 
 
 Trustees of the South Cai<«»i,ina Culli;(;k, 
 
 v'*-,n,"'*!w-.^-^i-','-^S!;'' The (lovernor, Lieutenant-CJovernor, President of the 
 
 \j 41*4; I hi;*, \ 1, Isoo ; 
 
 ''LnK'o..Htuu,^^^ Speaker of the House of Representatives, .Judges 
 
 of the Court of Appeals, Chancellors, Associate Justices of 
 the Court of Common Pleas, Chairman of the Committee 
 on the College, Fducation and Religion in the Senate, and 
 the Chairman of the Committee on Fducation of the 
 House of Representatives, shall be ex-officio Trustees of 
 the College, and with twenty other persons shall constitute 
 the Trustees of the South Carolina ColleiAi 
 
227 
 
 Tlie twenty unofficial Trustees shall be elected by joint Tmii of'officc oninot- 
 ballot of the Senate and House of Representatives, and "" """' "*' 
 continue in office four years and until tlic election of their 
 successors — the scries commencing with the year 1825. 
 
 The stated meeting shall be held on Wednesday after the a. a., isn. v.osi. h 
 fourth Monda}' in November in every year. 
 
 StJitcil meetings. 
 
 The Trustees of the 8outh Carolina College shall be a, a. a., isoi. v. 403. 
 body corporate and i)olitic; have a common seal, periictual , *::^''''T'r'' I""*'" ""'' 
 
 »• i 1 'II ilutiex of Trustees. 
 
 succession of members, and all other corporate faculties in 
 regard to the trusts for which they are incorporated. They 
 may hold any amount of property granted or bequeathed 
 to them in promotion of the objects of their creation, 
 including benefactions for the establishing of scholarships 
 in the College. 
 
 Their powers shall extend to the framing and establish- n,.. ?2. 
 ing ot all ordinances and by-laws not repugnant to the 
 law of the land, for the good government of the College, 
 including the election of professors and all officers of the 
 College, the appointment of their salaries, the removal of 
 any of them for cause, and the regulation of the course of 
 studies and instruction in the institution; and they may till 
 up all vacancies occurring in the Board of Trustees, except 
 the seats of members ex-officio. 
 
 The President of the College and four Trustees may call i''?2. 
 
 ^ ■ 1 . , A. A.. IHW.VI. 26fi. ?V!. 
 
 occasional meetings whenever it may api)car to them neces- occju<i<m.»i meetings. 
 sary, and at occasional meetings nine mcudters shall consti- 
 tute a quorum, and may do any business except the election 
 of professors and other officers, or the expulsion of a stu- 
 dent, which can only be done at the stated meeting, when 
 a majority of the Board of Trustees are present. 
 
 But the vacancy occasioned by the death, resignation or a. a., isn. v. 6.51 ja 
 removal of a professor or any other officer of the College, imntT.'^'^"' »i>p"int- 
 may be supplied by a temporary apjtointmcnt until the 
 stilted meeting of the Board. 
 
 If there be no quorum at the stated or otiier meeting, a.a..i¥«. v.4'-4. 
 
 - When no iitiortim if 
 
 the members attending may appoint a chairman, and meeti"^*""'- 
 
228 
 
 and adjourn tVoni time to time till a quorum appears, or 
 the nienibers present determine to dej>art. 
 
 i^i«iatmVtii1^B.Mir<i I" '^'^^^ *^^ tlie ahs^ence of the Uovcrnor and Lieutenant- 
 '^''"' Governor from any meeting, a quorum, if present, may 
 
 elect a President of tlie Board of Trustees pro /t'w., and the 
 meeting so constituted shall be fully authori/.ed to do what- 
 ever the meeting is otherwise authorized to do. 
 
 A. A-isoi. V. 404. 2 3. Tlic licad of tlic College .shall he .stylcil the I'resident, 
 
 I'ronident and I'rofon- iii,iiit-«'/» i 
 
 *•'» and tlic masters shall he styled the rrotcssors, but proies- 
 
 sors shiiil not hold the office of Trustee. 
 
 •'■■«*r--f i'"»^"H.v The President and Professors shall be styled the Faculty 
 
 of the College. The faculty, or a majority of them, shall 
 have the power of enforcing the ordinances and by-laws 
 adopted by the Trustees for the government of tlie stu- 
 dents, by rewards or censure, and tiiially by susjtending 
 such of ihem as, after re[)eated admonitions rontinue dis- 
 obedient or i-efractorv, until a determination of a (piorum 
 of Trustees can be had. But it shall be in the powiT of a 
 quorum of Trustees only, at a stated meeting, to ex[tel a 
 student. 
 
 A.A..i8n, V. 6.51,2 3. If a student be susi)ended and reiiorted to the Trustt'es 
 
 KiKulty to rojKirt cauHp * ' 
 
 ..f .uKi„-nMon. f^,. expulsioii, tlic faculty shall .send up to the Board a full 
 
 statement of the cause of such suspension, so as to enable 
 them to review the sentence and restore the student to his 
 standing, if it shall a])pear to them proper so to do. 
 
 A.A..i8J2,v,437;ih(i3. Tim gnuai'e bounded by Sumter, Divine, Marion and 
 
 V,4i)4. 1 . 
 
 c-Mtain Hquarc-» rc.UMiQj.g^,n sti'cets, also tlic .sciuarc bounded by Marion, Plo.s- 
 som, Bull and Divine streets, and the half square adjoining 
 Wade's })urehase, bounded by Richardson, Divine, Sumter 
 and (Jreen streets, also two squares of ground bounded by 
 Medium and Pendleton, Sumter and Bull streets, are ceded 
 for the use of the C'oUege to the Tru.stees, who are author- 
 ized to close Green, Marion and Dixine streets within the 
 bounds of tlie lands so ceded. 
 
 A.A., 1811. VII, 132. The President and Professors of the South Carolina Col- 
 
 Orphan llouBc pcliolar. , -i. • ii^ ii-^a 
 
 lege arc required to receive and educate and admit to 
 
229 
 
 gnuluation the boys selected for odueation there by the 
 Coimiiist^ioiiers of the Orphan iloiise in Cliarlestoii, sub- 
 ject, nevertheless, to all the rules and discipline of the 
 College. 
 
 The selection may be made annually, and in case of a An,.uai s.icetion. 
 vacancy by the death, expulsion or removal of the bene- 
 ficiary, his place may be supplied immediately. 
 
 The sum of four hundred dollars per annum is api)ropri- t'^^lZZu''"" ■^''^ 
 atcd animally for the maintenance and education of each 
 beneficiary. 
 
 The Treasurer of the College is required to nuike to the T^.tur^rVreport an- 
 Comi^troller a return of all moneys received and disbursed """"y- 
 by him, in duplicate, annually. 
 
 The Board of Trustees arc invested with full power and,^,^; ^- i'"-^^- "*'"■ •'"^• 
 authority in all investigations where they may deem the,J''XnlnTVf"' wit- 
 evidence material to compel witnesses to ap}>ear and tcs- "''*'''''■ 
 tify, and papers to be produced and read before the Board; ■ 
 and for that purpose the President of the Board of Trus- 
 tees shall issue his summons, and enforce the same, if 
 necessary, by warrant under his hand and the seal of the 
 corporation. » 
 
 Military Schools. 
 
 Military Schools shall be organized at the Arsenal, ^,^i^gi;J51%-M^*' 
 Columbia, and the Citadel in Charleston, and eight th..u-,4^S!''" """' '"'■ 
 sand dollars annually appropriated to maintain said schools, 
 under a Board of Visitors. 
 
 The Boanl of Visitors shall consist of the Governor, thejj/iKw. xi.io.i?i." 
 
 ... ,-r ,^, 1 !/• Oriranijuitloii of B<.airi. 
 
 Adjutant and In.spector-Gencral, and tour persons ap- 
 poinlcd by the Governor. Any four members shall consti- 
 tute a fjuorum, and they shall meet at such times as the 
 Governor shall designate at the arsenal in Cobunbia and 
 at the citadel in Charleston, and establisli regulations for 
 the orc^anization and good government of sai<l sch(»ols and 
 the protection of the public property thereat, not iuconsist- 
 
230 
 
 «.Mit witli tlic laws of the land; sliall iusi)ec't tlio i>ul)lie 
 anus and other projiorty at the said arsenal in Cohnnbia 
 and at the eitadel and niajifazine at and near Charleston, 
 and make a niinnte and lull re|)ort of their eondition, as 
 well as of the eondition and nianai;enient of the said 
 Bchools to the Governor, to be laid by him before the Gene- 
 ral Assembly in eaeh and every year. They shall have 
 l»ower to appoint one or more professors, qualitied to give 
 instrnetion in military science and in other branches of 
 knowledire, which the said Board may deem essential. 
 They shall fix the salaries of said professors, and have 
 authority to remove them for good cause, but no removal 
 shall take place unless two-thirds of the whole number of 
 the Board concur. 
 
 A.A.. 1842, xt.22o.|3. '[^]^^^ studcuts shall bc formed into a militarv corps, and 
 
 students a uiilitary .. i ^ 
 
 "I'"- shall constitute the public guard of the arsenal at Colum- 
 
 bia and of the citadel and magazine in and near Charles- 
 ton. The schools sliall retain the distinctive titles of the 
 Arsenal Academy and the Citadel Academy, but they shall 
 together constitute and be entitled the South Cart>lina 
 Military Academy. 
 
 A.A..isoi,xii.87i.22. Tl,^. officers and students of the said South Carolina Mil- 
 itary Afademy, organized in their capacity of a public 
 guard, shall constitute a military corps, entitlc<l the Battal- 
 ion of State cadets, and shall be a j)art of the military 
 organization of the State, under the separate and immedi- 
 ate control of the Board of Visitors, and shall not be sub- 
 ject to the command of the militia officers, cxccjit when 
 especially ordered for jiarade, review or service by the 
 Commander-in-Chief The officers of the said Battalion 
 shall be commissioned by the Governor witli such rank and 
 titles (the highest not exceeding that of major) as the 
 iJoard of Visitors may determine, and may be removed by 
 the Hoard, and their (H)niniissions thereby vacated in like 
 manner as the i)rofessoi-s of the academy. The Battalion of 
 State cadets will habitually manceuvre as infantry, but as 
 belonging to a school of instruction, it may man<i uvre in 
 any arm of the service, and shall take the right of all 
 troops of the same arm with which it may at an}' time 
 parade. 
 
231 
 
 All graduates^ of the South C^arolina Alilitary Academy, ik^?3..^^ ^^ ^^^^^^^^.^ 
 in consideration of their four years service at the saidBion«inthomiiitia. 
 academy, shall he eligible to any commissioned office not 
 above the grade of colonel in the military organization of 
 the State. 
 
 IV. — COMMISSIONEKS OF PUBLIC BUILDINGS. 
 
 How appointed. 
 
 Term of service. 
 
 Power to organize and elect officers. 
 
 To appoint a Secretary : his duties. 
 
 To appoint a Treasurer: his duties. 
 
 Bond and compensation of Treasurer. 
 
 Powers and duties of Commissioners. 
 
 To keep in repair pul)lic offices; to furnish official 
 
 books. 
 To furnish clothing for prisoners. 
 To pay for weights and measures. 
 Contracts for public buildings. 
 To take charge of fire-proof building. 
 To levy assessments. 
 To receive all fines and forfeitures. 
 Appropriations, how drawn. 
 To report to the Court of Common Pleas. 
 Penalty for not making reports. 
 Treasurer to publish report: penalty for default. 
 Penalty on Commissioner for refusal to serve. 
 Penalty for nonattendance at meetings. 
 Penalties: how recovered. 
 
 n^— Commissioners of Public BuiLi>iN«is. 
 
 Seven Commissioners shall be appointed by a joint reso- f,;,^;-^^^j^:JJ,-,"^'"^' 
 lution of both branches of the (icneral Assend.ly for each 
 Circuit Court district in this State, who shall constitute a 
 Board of Public Buildings. The several Boards .shall have 
 power to fill vacancies in tlieir nund>crs. occasioned by 
 death, resignation, removal fmm the district, or refusal to 
 serve. 
 
232 
 
 lb.. ; 2. 
 
 Term of serrice. 
 
 lb.. {3. 
 
 Power to organirf. 
 
 The several Boards shall serve for four years, and until 
 the ajijiointniont (^f a new Boanl. * 
 
 The said Commissioners shall meet and form a Board 
 within their respective Circuit C<nirt districts, at such time 
 and ]tlace as a majority of them shall ajtpoint; and shall 
 have power t(t ajipoint a c-hairman and all necessary offi- 
 cers. 
 
 To elect gtvrcurv. Thc Comiuissioners of I'uhlic Buildings in each district 
 
 sliall aii]toint a Secrctai'v. whose duty it shall he to attend 
 all meetings of thc Board and keep an accurate record oi' 
 all their })roeeeding8. 
 
 A.A..1S44. xi.294.gi. Kacli Board shall aiijioint a Ti-easuri-r. wlio shall hold his 
 
 "■"'•""'"' ^'^"'""■'- office during the j-leasure of the Jioanl. and sliall receive, 
 
 keep and disburse under the direction of the Board, all 
 
 moneys under its control, and account iu such numner and 
 
 at such times as the Board shall direct. 
 
 A.A.,1K59..\II.7R8.S. 
 
 Altered. 
 
 Bond of Trcswurer. 
 
 The Board of C«.»muiissioners of I'ublic Buildings in the 
 several districts shall require the Treasurer, hefore entering 
 on the duties of his office, to give hond, with sufficient 
 sureties, to the Commissioners of Public Buildings of the 
 district and their successors, for the faithful discharge of 
 the duties of his office. The amount of the security shall 
 he fixed hy the Board, and the l)ond filed in tlie office of 
 the Clerk of the district. 
 
 comUn»ati"n of ^lic Trcasurcr shall safely kee}> all bonds and evidences 
 
 Treasurer. ^^ j^l^^ belonging fo thc f^oanl, and for liis services shall 
 
 he allowed a c-ouimissioii on all sums receixed and jiaid 
 away; but no commission or other lee shall he allowed on 
 the ti'ansfer of funds from the Treasurer to liis successor; 
 nor shall the commission allowed to the Ti'easui'er exceed 
 the rate of two j»er cent, on moneys received and two per 
 cent, on moneys puid away. 
 
 A. A. 1827. vi,:!2i.?i. It shall he the dutv of the Commissioners of Public 
 
 Their powoFH and <iurv. , ' • i i 
 
 A. A., 1869, .MI. 8ii. Buildiuffs to rev>air and superintend the court-liouses and 
 2 26. *=* ... 
 
 jails of their respective districts, and su[iei\ise and direct 
 
 jail discipline. 
 
233 
 
 They i*liall, in their respective districts, supenntend si"d ^jj^^g^y^jg'^g'.' ^^g^jj^^^^j' 
 keep iu repair the interior of the several oflices of the ^''^•„^,.^;„ir offices of cer- 
 Clerk of the Court of Oonnnon. Pleas and (General ges- *'*"""^'"'=* •""*^"" 
 sioiis, tlie Sheriffs, the Ordinaries, the Masters and Com- 
 missioners in Equity, the Registers in Equity, and the 
 Registers of Mesne Conveyance; and cause to be erected 
 and kept in repair suitable cases for the reception and 
 preservation of the records, books and other pai)ers apper- 
 taining to the said offices, respectively; they shall also 
 cause to be erected and ke[)t in repair out-buildings and 
 fences on the jail and court-house lots in such sort as they 
 may deem necessary for the use and convenience of the 
 Sherifts or jailers residing in the said jails, respective!}^, or 
 for the protection of the said jail and court-houses; and 
 the\' shall cause such records and official books to be kept 
 and used in the several offices as may be directed by the 
 Court of Common Pleas and General Sessions. And it 
 shall be their duty, from time to time, to give the Court 
 information of any matter which it may be necessary for • 
 the Judge to have for the ])urpose of making such orders 
 with respect to the public offices of the district as the pub- 
 lic service may require. 
 
 The Commissioners of Public Buildinirs shall have full ■',-y'^^fV;J^-. 
 
 •^ To furnish clothing for 
 
 power to furnish for the prisoners conlined in the jails in p""'""-"- 
 their respective districts such necessary' clothing as to them 
 may seem lit and proper; the expense thereof to be 
 defrayed out of the moneys in their hands arising from 
 fines and assessments provided by law. 
 
 They shall pay for standard weights and measures out ^f ig^i '^xi|''^% ^^" '"'' • 
 the fines and forfeitures incurred in their respective dis- woightn Rn<i Mewure-.. 
 tricts. 
 
 They shall advertise for scaled projtosals whenever any ^'.n^tri^^'f ' ^ij" ^'!t,,,iic 
 building is to be erected, in some one of the' papers of the ^'"''""*^- 
 State, at least six weeks previous to the letting of such 
 building, and take the lowest proposal for the said build- 
 ing, for wdiich good and sufficient security can be given, 
 according to tlie contract. 
 
284 
 
 itV 8.»' '* *' "^^ ^'"' contracts entoivd into l»y C'c)ininissi()iioi*s of I^ul)lic 
 Buildiii«rs, S(i Pubiw C#< /v. Port III. (%ijk ], (OhI Coui- 
 mis/tmurs of the Treasury. 
 
 A A..i««2:.vi.322.j:. The iiublic buiKHiiirs in C'liarleston, at the north-wot^t 
 corner of the city s<|uare, shall be under the charge of the 
 Commissioners of I'uhlic Ituildinirs, in like manner as the 
 
 A.A.. i8>.vi.rs> jo.conrt-honsef» and jails; and the Commissioners are auth«)r- 
 ized to rent out such of the rooms in the tire-i>roof build- 
 ings as may not be required for jiublic uses: jiroxidcd it lie 
 done niton such terms as will i»recludc the use of lire or 
 candle liirht upon any occasion in said building; and they 
 shall aitply the rcntH, so received, to keeping the said build- 
 ing in repair. 
 
 A. A.. 1R2T. VI.321.IS. Thc Commissioncrs, or a majontv of them, shall have full 
 t t<. .X. power, as often as thev mav think necessary, to assess, lew 
 •;• ti.M.rai j^nd collect, in the same manner as other local Boards, and 
 
 ' to the same extent as Commissioners of thc Poor, all such 
 sums of money aa may be necessary for rei)ainng the court- 
 houses and jails of their respective districts. 
 Sec Ttir Collector. 
 
 n>..j4. ^^" lilies and forfeitures that mav be incurred i)r inn»osed 
 
 A. A.. 1W». XI. 111.. , ,, ,. ^. . ,. i"- . • ^ • .1 • ..-. . I 11 
 
 ii3H. in the ( ourt ot Sessions, tor any district in tins htate, sliail 
 
 To riTelve fliiiii Mild, . , , . . * i- i » i i • t» • i t j- xi 
 
 forfeitur.1.; be jiaid to the C (unmissioners ot I iiltiic iiuil<lings tor tiie 
 
 district, to be api»lic(l by them in the execution of their 
 duties, saving the right of ih<' iiit'onncr in lasi's where the 
 informer is interested. 
 
 A. A., isr.. VI, 23a, Anv monev, at anv time approiiriated for public build- 
 A|.|.r..|,ri«ti..i.H. I...W ings, shall be subject to the order of the Commissioners of 
 the district for wliicli the :i]iproi>riatioii is made, or a ma- 
 jority ol" tlu'iii. 
 
 A.A., 1R44. XI. 2o.'..j2. Tlic Boanls of Commissionei*8 of Public Buildings, in tlic 
 
 T" ro|M)rt t(. the Court ii-^-^ in ,. • • .• ^ ^i -i- 
 
 of Common I'lww. scverai <listricts, siiail ri'jiort, in writnig, t(» tlic i>resi<lmg 
 
 Judge of the Court of Common J'Icas, on tlie first day of 
 each fall term, for their district, or if no Court is held at 
 the fall term, or if there be no fall term for the district, 
 then at the term next succeeding the month of October, in 
 
235 
 
 eac'li year, an exact account of all moneys assessed and 
 
 received, and all dislnirsenients made during the past year, 
 
 and other transactions relating to the hnsiness of the Board. 
 
 The presiding Judge shall cause the report to be read in wii... fiN.i. 
 
 open Court, to be laid before tlie Grand Jury, and to be 
 
 tiled in the Clerk's ofiice. 
 
 If the Commissioners neglect to make the report required Aii'.mi. 
 
 , , , y,i 1 1 11 .1 • • • ,1 • 1 £• I'cnulty for not making 
 
 by law, the Clerk shall note the omission m the journal oiioi.n.t. 
 the Court, and the note shall be signed by the Judge, and 
 the Board shall be served with a rule to show cause why 
 they should not be attached, and on failure to show cause, 
 shall be attached by their Chairman until he complies with 
 the requisitions of the law. 
 
 It shall be the duty of the Treasurer of the Board to have vilVrHi. 
 
 .", , ii'ii- 1 TicasiiiPi tn piiblirtli 
 
 the said report printed and pnbhshed in tlie nearest news- irport. 
 paper of the district, within one week from the adjourn- 
 ment of the Court to which the report was made ; l)ut if 
 there be no newspaper in the district, it shall be his duty to 
 affix one copy of the said report to the court-house door, 
 and three other copies at three other conspicuous places in 
 the district; and on failure to make publication of the Hs|,T,"g!*' ^"' '"" '""'" 
 report, as herein directed, the Treasurer shall be liable 
 to pay a fine of twenty dollars, to be recovered by war- 
 rant of a Justice of the Peace, as in cases small and mean. 
 
 T^ •u.'li-i •• mil-T>-ll A. A.. 1S27.VI. 321. ai. 
 
 If any person appointed a ( ommissioner ot 1 uhhc Buikl- aiuv.mi. 
 
 i' , , ,1 , •,! , ,\- • 1 ^ I'ciialty for refusal to 
 
 mgs shall refuse to serve, without a sumeient excuse, bypervc. 
 reason of infirmity, absence, or public duty, he shall be 
 fined in the sum of fifty dollars; and his failure to meet, or 
 send a written excuse to the Commissioners, at the next 
 meeting after his election, if he have notice of it, shall bo 
 deemed a refusal to serve, and the fine shall be charged 
 against him in the minutes of the Board, subject, however, 
 to be remitted at the next meeting of the Board, upon his 
 appearing and taking his seat, and accounting satisfactorily 
 for his absence at the former meeting, or jiaying the fine 
 for nonatteiidance. But no ]>erson shall be com[>ellcd to 
 serve more than four years in succession. 
 
236 
 
 "Sty f..r n..iwjtend- If «">' Commissioiicr sliall fail to atteiul a roirular or 
 """■"' ""•'•""^ called meetin.iT of the Board, his absence shall he roec.rded 
 
 by the Secretary, and he shall be charged with a line of live 
 dollars, subjoft to be remitted at the next nu'eting of the 
 Board, on his giving a satisfactorv excuse: otherwise it shall 
 be ]»aid to or collected by tlu' Tivnsuivr. 
 
 ivn*^iii.« ii..« rcoov- A^l fines imposed on Commissioners of Public Buildings, 
 ""^ shall be recovered in tlie inimncr |>re8cribed for the recov- 
 
 ery of fines against Commissioners of "Roads (.->•««' (Iiaf (l(h'). 
 
 H.u iippii-Ni. The fines recovered shall be iniid to the Treasurer of the 
 
 Board, to be applied m repairing the public buildings of 
 the district. 
 
 V. COMMISSIOXEIIS TO APPROVE BOXDS OF PUHLir OkFICEUS. 
 
 iB^ >" ii^Vo-^®^^- I" cvcrv .ludicial district there shall be five Commis- 
 sioners, with jtowcr to apj>rove all ofKcial bonds for the due 
 l>erformance of the duties of ofiicc within tlicir respective 
 How a,.,..,i,.tni. districts. They shall be appointed by Joint resolution of 
 
 vacmuv. i.o« (iii,..i. the Cicncral Assembly; and, in case of death, resignation, 
 departure from the State or refusal to serve, the Governor 
 is authorized to fill the vacancy until the next meeting of 
 the General Assembly. 
 
 Vr. — Commissioners to take the Proof of Deeds. 
 a.a..ir:j4 \l.vn.l^. Tlic (JovciMior of this State is autliori/'.cd to name, ap- 
 
 How ajiiMiiiitiMl. . .... , , , rii • • 
 
 pomt and commission in the several Mates and 1 erntories 
 of the I'nion, and in the District of Columbia, as many 
 persons as he may deem expedient, to act as Commissioners 
 Tirm ..r ..iikf. of Deeds ; who shall hold tlu'ii- oilices during the pleasure 
 
 of the (iovernor. 
 
 lb.? 3. Such Commissioner, before proceedins: to perform anv 
 
 To tnkc ontii. dutics ot tlic ofticc, sliall take and subscribe, before the 
 
 Chief Magistrate of the city, or a dustiee of the l*eace of 
 the county in wliieli lie resides, an oatli well and faithfully 
 to execute and pei'l'orm all the dutii's of a Commissioner of 
 Deeds accordini; to the laws of South Carolina; which 
 
237 
 
 oath shall be filed in the office of the Secretary of this /s";^;,Jj"„|?; «;«^4^^^^^^^ 
 Stale'; wlio shall thereupon issue the commission and file 
 the Governor's order for the appointment; and publish the 
 name and residence of the person a[>pointcd, in one of the 
 gazettes in Charleston, 
 
 The Commissioners of Deeds shall have authority to take ib.. ?i. 
 
 Powers. 
 
 the acknowledgment or proof of any deed, mortgage, or 
 other conveyance of any lands, tenements or hereditaments, 
 lying or being in this State, or of any contract, letter of 
 attorney, or any other writing under seal, to be used and 
 recorded in this State: and such acknowledgment or proof 
 endorsed on or annexed to the deed or instrument to which 
 it refers, and certified by such Commissioner under his seal, 
 shall have the same force and effect, and be as good and 
 available in law for all purposes, as if the same had been 
 made or taken before a fFuds-e of this State. 
 
 liiiiiiistcr 
 o:itIi. 
 
 Every Commissioner, so appointed, shall have full pow'cr |.'/,;|,^' t„ a, 
 to administer an oath or affirmation to any person who shall"' 
 be willing or desirous to make such oath or affirmation 
 before him; and such oath or affirmation shall be as good 
 and eft'ectual, to all intents and purposes, as if taken by any 
 Magistrate of this State having authority to administer 
 oaths. 
 
 Such Commissioners shall have power and authority to ii,,g4. 
 take and certify renunciations of dower and inheritance, on "*""■ 
 the same terms and conditions, as Judges or Justices of the 
 Peace are authorized to do by the laws of this State, and 
 such renunciations, so taken and certified, shall as eft'ec- 
 tually convey such estates of dower and inheritance, as if 
 the same had been taken in this State by a Magistrate 
 thereto appointed. 
 
 VII. — Commissioners of the Deaf, I)i mis axi> Bi-ind. 
 
 The Governor, for the time beini;. sliall appctint two ])er- a.a..is.'u.vi..-.13. ji. 
 
 .... How «ji|Miiiitc<l. 
 
 sons, one frrtm the Ijipcr an<l one from tlic Lower Division Tennofofflce. 
 of the State, to remain in office until the cx[tiration of his 
 
ISiH 
 
 238 
 
 term of ofRfC, wlio, toi^other with liinisclf, shall constitute 
 a Board of ComniiewiomTs. to l»o called the Comnussionei*8 
 of the Deaf and Diiiiih. <»f which Boanl he sliall he Presi- 
 dent. 
 
 ^o v-.'^?1'^ '•'*'*' ^^' The C'onlnlissioner^; aforesaid shall have ixiwer to draw 
 ^'"''••- the annual approiiriation for the Deaf, l)und» and JJlind, as 
 
 it may be nfe«k'd for the purposes of their trust. 
 
 Xufi'. — They are authorized to draw the appropriations 
 made for the CV-dar Springs institution. Nr Appropriaiion 
 Acts, 1«58 and 1859. 
 
 A.A..1S3J, VI hu.^d. The Couiuiissioners shall annuallv report to the Leifisla- 
 ture an exact stati-nient of their various proeeediui^s during 
 the jiast year, showing }>recisely how they dishursed the 
 money expended, the names of the persons who have re- 
 ceived the bounty, the ages and places of residence of such 
 persons, and information as to their progress; which state- 
 ment shall be accomjtanied by the vouchers of all sums ex- 
 pended. 
 
 A' 1 11. — 1)kaf, DiMT) AND Blind. 
 Aniiimi iii."|.r"i'rifiti<'ii Tlio suui of two tliousaud llvc liuudred (lolhirs shall be 
 
 for wiiu'iititiii of (lr;»f ami ii • , i j i i- ^ i i- i i* 
 
 dumb. annually approjiriated to di'tray the expense ot educating 
 
 so many deaf and dundj persons, citizens of tliis State, as 
 shall ajiply to receive the benefit of this provision, and as 
 shall be Judged by the Commissioners of the Uiaf ;ind 
 Dumb not able to meet, out of their own mean->. all the 
 exj>enses of their sui>|tort and education. 
 
 Aotc. — The appro] iriatioii vaiies with eaeh yi'ar. Sec 
 Appropriation A rl,<. 
 
 couxni\^u>wr\' xTn^n'X Tlic ( 'ommissioucrs .shall send so nuuiy <leaf, dnnd) and 
 ucnuon^.V.rJXiimi'ium.iblin })ersons as can be supported by the annual appropria- 
 tion, and as they shall deem proper objects of public boun- 
 ty, to such school or schools for the education of the deaf, 
 dumb and blind, within or without this State, as they may 
 approve. 
 
239 
 
 The sum allowed for the board, tuition and all incidental Anmiaw7iin"rt^^Jf a 
 expenses of one deaf and dnnd) person for one year (except {;;'/nX\/\^n J ^f^^^^^^ 
 travelling expenses, clothinii- and medical attendance), shall 
 not exceed one hundred and fifty dollars; and as to the 
 expenses excepted, the Oommissioners shall take care to 
 place tliem upon the most economical scale. 
 
 The whole, or part of the expenses of the several aiipli- a.a.. i834 vt. 5u. 
 
 '- . '■ ' "^ Iliiw coiiiiiiissiiincrs 
 
 cants, shall he paid accordimj; to the oijiiiion wliich the "'j''" •'":♦"" ""'"'""'•"■ 
 
 ' -l O 1 (,( ;i|i|ilicanls exhaust 
 
 Commissioners may form, as to the pecuniary condition ""'"'''"""•"'''"'""• 
 of the ajjplicants ; and in case of more ai)plicati()ns than 
 would exhaust the annual appropriation, the Commission- 
 ers shall make selection according to their o})inion of the 
 deserts of the various applicants. 
 
 Note. — The institution at Cedar Springs is a private es- 
 tablishment, in Spartanburg district, for the education of 
 the blind, founded by N. P. Walker, which was patronized 
 by an appropriation of thirty-five thousand dollars toward 
 the endowment of the school. See the Act of 18o2, XII, 156. 
 
 IX. — Regknts of tiik Lunatic Asylum, 
 Tliere shall be elected l)v both branches of the Ledsla- ■\^-^i^^.-y^-322.ii- 
 
 •■ ~ IIuw appointed. 
 
 ture, nine Regents of the Lunatic Asylum, who shall hold 
 their offices for six years from the day of election, except 
 those who shall be first elected, who shall go out of office 
 according to a ballot to be drawn by the Speaker of the 
 House and President of the Senate, and reported to the 
 Legislature in the following order, viz : The three Regents Tcrmofoffi«-. 
 whose names are first drawn^ shall go out of office at the 
 end of two years from the day of election; the three Re- 
 gents whose names shall be next drawn, shall go out of 
 office at the end of four j^ears from the day of election ; 
 and the remaining Regents sludl go out of office at the end 
 of six years from the day of election. The Regents shall varanry. how fiiio.i. 
 be re-eligible. A vacancy in the Regency sliall be filled 
 by the other Regents till tlie next regular Legislative elec- 
 tion. 
 
 The Regents of the Lunatic Asvlum shall artpoint a ^^■ 
 
 ^ ^ • ' • Keeper tobcappointed. 
 
 keeper and all officers and medical attendants of the insti- 
 
•240 
 
 tutioii, who sliall 1)0 i»rt>vi(lL'(l for l»y tlicir rules or l»y-la\vs; 
 and they shall remove the saiiK- from oiiice at their pleas- 
 ure, and shall fix the amount of their salary or emolu- 
 ments. 
 
 A. 
 Kxc 
 
 k.A.. ifcjo, VI 3R2 ?i. ^\^Q ofHeers of the Lunatic Asylum, residinc: within the 
 
 «7r'i dill V '""'''''''"' '■"■'^^'''^'^ •'"''•'^l ^^^ exempted from performing militia duty, 
 patn)l duty, and from working on the streets in the town 
 of Columhia: and whenever the testimony of any such 
 ofKcer shall be required in a Court of Justice, in a civil 
 eause, the same may l)e taken by commission; nor shall 
 his or her personal presence be reciuired, unless it shall l)e 
 made to ajtpear to the Court by aflidavit, that justice can- 
 not be done without such personal presence in Court. 
 
 A. A.. 1S2:. vi.322.^1. The Kcffcnts by the name of "The Regency of the Luna- 
 
 I'owcis and dutieB ..f " ^ i i, i i 
 
 iU'gentK,c.,ipoi-ati- i.iivi-tie AsvUim of South Carolina," shall form a body coriior- 
 
 leges. " . . 
 
 ate in deed and law for all the purposes of the said institu- 
 tion, with all the powers ineident to corporations. 
 
 '''• . , , Thev are cmitowered to make and establish all rules, 
 
 To uinkv rules and rrg- • >■ 
 
 "'"''*""'• regulations and b^'-laws for the government of the institu- 
 
 tion ; which, when made, shall be reported to the next 
 Legislature for its ap[)roval or rejection, but shall be in 
 force until rejected by the Legislature. 
 
 To fstaM'Hh rates of Tlicy arc cmpowercd to establish the rate of admission, 
 
 admwsinu. maintenance, and medical attendance of all the subjects of 
 
 the Lunatic Asylum, providing such rates as shall support 
 
 the institution without any charge on the Treasury of the 
 
 State. 
 
 A.A..is27.vi..mg2. It shall be the dutv of the Regents to remove from office, 
 
 I'o\ver to rcnirive offl- „ !^ ' 
 
 •='"'•• and to cause to be indicted, any person em]»loyed in the 
 
 Lunatic; Asylum, who shall assault any idiot, lunatic or 
 epile})tic, or who shall use toward any such idiot, lunatic 
 or e[)ileptic, or any other or greater violence than may be 
 necessary for his or her restraint, government or cure. 
 
 Lof;vlTefi'h7lheTru.. Tlic lot, upou wliicli tlic J.uuatic Asylum stands, con- 
 tec8 and vieitors. taiuiiig four acrcs, butting and bounding on Upper, Boun- 
 
241 
 
 dary, Bull, Pjckens and Sumter streets, is vested in the 
 Trustees and Visitors of the Asylum, and their successors 
 in ofhce, for the purposes for which the said As^'lum was 
 instituted. The Board of Kegents is also authorized to a. a., isss, xii. 478. 
 
 , , f« , 1 ' I' J^ -1*1 Authorized to close 
 
 close up, and use tor the purjiose ot the said Asyhim, sostioets. 
 much of Pickens street, in the City of Colund)ia, as lies 
 between Lund)er and Upper streets, in the said city. They 
 are also authorized to close up a portion of Upper street. 
 
 It shall be the duty of the Regents to report annually to a. a.,is27, vl324,?4. 
 the General Assembly the state and condition of the Luna- 
 
 . . , ^ ,, "^ , -• 1 1 t J.^ 1 II 1 Sliall annually report. 
 
 tic Asylum, tully and particularly; and they shall also a. a., 1829. vi, 382. 
 annually report to the Comptroller-General the amount of 
 income of the said institution, and the amount of expendi- 
 tures, and the items thereof. And the}- shall report specifi- 
 cally to the General Assembly at every session, the whole 
 number of transient pauper lunatics, idiots and epileptics, 
 wdiile they remain a charge upon the public Treasury. 
 
 X. — Lunatics. 
 
 I. — JIow the question of Lunatic or no Lunatic shall 1)0 
 tried. 
 II. — Of the admission of Lunatics into the Asylum. 
 (a.) — Stipendiar}' patients. 
 {b.) — Pauper subjects. 
 (('.) — Strangers. 
 (d.) — Negroes. 
 
 I. — How THE QUESTION OF LUNATIC Oil NO LuNATIC SHALL BE 
 
 TRIED. 
 
 The Judges of the Court of Common Pleas shall have a. a. isna. v.oti. ja. 
 
 »-' _ _ r<iiiriirrt-nt jniiwliction 
 
 concurrent jurisdiction with the Court of Eciuitv in all 'jf V!''""'" ""^ '"'** ""'' 
 inquiries^of Lunacy or Idiocy, and in the apjiointment of 
 Committees of the persons or estates of lunatics, idiots or 
 epileptics. 
 
 All ijcrsons charged with a criminal offence, who, unon a. a.. 1^29, vi,38zj7. 
 
 ^ '^ ' ' X Criminals declared Lu- 
 
 their trial may be found to he non compos mentis, shall bc"""^"- 
 deemed lunatics and subjects for the Lunatic Asylum. 
 16 
 
242 
 
 iw.. X i" ./m 24^ ' '"■ '^'•^ ljupl»an«l or wife, or if tlierc ]>e no lin^baiul or wife. 
 .1,^*^7 j.«iico "^^^^ of kill of any insane ]>erson, may apply to a Justice 
 
 i'iiy»iciiin^. of the Peaoe for a judicial examination of such jiorson as to 
 
 liis mental condition. an<l tlierenjxtn tlie Justice sliali I'all t<» 
 liis assistance two reijnlar praetisin«j^ ]iliysicians to make a 
 full I'Naminatioii into the state of such pei*sou's mind; and 
 all j>ersons that may he declaiH'd hy such Justice and physi- 
 ciaufj insane, shall l)e deeuicd lunatics, idiots or epileptics, 
 according to the certificate (»f the Justice and piiysicians. 
 
 A. A., is-2;. vi.:i24. If anv insane i>erson he char'i'cahle to tlie parish or dis- 
 
 I- ""ti"- tnct, such an examination may he had on the application ot 
 
 any person, supported hy an affidavit of tlie facts: and all 
 ]>ersons that may he found insane after sucli examination hy 
 a Justice and two regular practising physicians, shidl he 
 deemed lunatic, idiot or epileptic, according to the finding. 
 
 II. — Oi Tin; AnMLSPioN of Lunatics into the Asylum. 
 n. VI..T22. ^\ii persons rcijulaih- I'ouiid to be of unsound mind, are 
 
 AdmiKJ-iKiiinto AfyMim * ^ 
 
 receivahle in the Asylum for treatment and cure, according 
 to their several conditions, as: 
 
 {a.) — Sdjfcm/iai'// l^nticn is. 
 
 1829, 
 I'aticnl 
 
 A. A.. 1827. VI. :i2:j. Every i)erson aiJulvinix f<^i' the admission of his insane 
 
 29. VI, .'ISA it 3. •'i 11^!-^ 
 
 lutcH f.,r .<:tii.rn.iiarv^y.j,.(| jn^o fji^. Asvluiii, slwill i)av oiic luilf vcai's exiicnse of 
 treatment, cure and maintenance, in adxance, to the Treas- 
 urer of the Institution, and enter into a hond, with good 
 security, to pay the exi)eii8es of the jiatient half yearly, in 
 advance, so long as he remains in the Institution, and his 
 funeral expenses in case of death. But the Kegents may 
 qualify the conditions of tlie liond wlien the case is curable, 
 and likely to be s]>eedily discharged, and re(piire •nly such 
 advances as tlu-y may (leiiii sullicieiit to secure tlie Institu- 
 tion fully fi'om loss. 
 
 ll:,„.i.obop„tinM.i,. I" <"'i^^' <>f «i U'i.^:\v\x of tlie condition, the l»oi,d shall be 
 sued in the name of the Regents, in wliich action the decla- 
 ration may l)e tiled on return day, and a rule taken re(iuir- 
 
243 
 
 iiigtlie defendant to [dead in ten days, and no imparlance 
 shall be allowed. 
 
 When the Judges make an oi*der for sending to the f.jsan.Mt'^sonK orMefo'd 
 Asylum any person found non compos, upon atrial in the {."„|.I''i,.*''-^^J;"]',,,.^i!',, '*''' 
 Court of Sessions, they shall also direct how lie shall l)e 
 supported. And. in case he has any estate, shall make a 
 proper order to secure the payment of his support out of 
 liis own means. 
 
 In all findings upon inrpiiries proceeding from a Court, Finding^s''tl' (l^"ir.v 
 or upon examinations by a Justice and physicians, a part of oilg'^r^ot""^'' " ''"''"'■"''" 
 the finding shall be to certify whether the party is danger- 
 ous or not; and it shall be the duty of the Judge or Justice 
 to order such insane persons as are found to be dangerous, 
 to be sent to the Asylum. 
 
 It shall be tlie dutv of the jailers of tlie several district's „.ti ^Vif?,/"' ^'- 
 at every sitting of the Court of Sessions, on the first day of „,-;;:;^-f ';; J^/^ c!m- 
 the Court, to report to the Judge the names of the persons **""*' '"•'*''• 
 confined in jail who are lunatics, idiots or epileptics, if 
 there be any such, with the cause of their detainer. 
 
 AVhen the order for sending to the Asvlum emanates a. a.. 1R27. vi. 323. 
 from a Justice and physicians, the patient shall not be maj be detained, 
 detained more than ten days, unless the Regents of the 
 Institution, after a full examination of his case by the med- 
 ical attendants, and by not less than three Regents, decide 
 that he is a fit subject for detention. And if on such exam- 
 ination they are satisfied that he ought to be detained, they 
 shall enter an order for his detention on the journal of 
 their proceedings. And a copy of the certificate of the 
 Justice and physicians, and of the entry in the journal of 
 the Regents, may be fik'd in the Court oi the district in 
 which the patient was resident; and any Judge or Chan- 
 cellor ill term time or at chambers, may make any neces- 
 sary or proper order touching the state of the patient, as in 
 the case of an inquisition (le lanatico inquircndo. 
 
244 
 
 (b.) — Pauper Lunatics. 
 
 paui^r'Tuimti/'mlt^o ^o paujior luiuitic,, idiot or c'piloptif shall be coiitiiicd in 
 
 i.or..„fl,u^i„jaii. any jail for safe-keeping. And it shall be the duty of the 
 
 Sheriti", on the discovery that any prisoner in his custody is 
 
 or lias become insane, to take proper measures to have 
 
 him transferred to the Asylum. 
 
 ih:m. Vi.'^^^nT'^is: The Commissioners Ai' the Poor are bound to send an.l 
 
 ''"au'per innMic to be ("o^^^w^'t the luuaties, idiots and ejiileptics of their sevei-al 
 
 .o..( toA.yium. paHshcs to thc Lunatic Asylum, to be maintained at the cost 
 
 of tlie public, and paid out of the funds of the parish at 
 
 the rate of one liundred and thirty-live (h)llars i»er annum 
 
 for their support severally. 
 
 A. A..1R27. vi.si?. -^^^ i»aui>er shall be received unless the Commissioners ot 
 
 ConimiKKionerM to |in.v 1 1 
 
 in advance. "'"'"'*'"""''' the I'oor, by whom he is delivered, pay one-half years 
 maintenance in advance. In case they fail to pay subse- 
 quent instalments for the support of their paupers, in 
 advance, it shall be the duty of the CV)mi)trollcr, u[)on 
 complaint of the Regents, to issue his warrant, dirceted to 
 the Tax Collector of the delin<pK'nt parish, commanding 
 him to levy the amount payable, with five per cent, for his 
 commissions, ujion the inhabitants, in proportion as they 
 are rated in the last general return of taxes. 
 
 A.A.. i829.vi.38ij2: Transient itauiiers sent to the Asylum as lunatics, idiots 
 
 18.n. VI. «7. ?2. 1 1 "■ . , 
 
 TranKiei.t pHiiporg to qj. enilciitics, sluill bc supportcd at the public expense, and 
 
 Ijp Hiipiiurtcil at tin- piilj- 11' i i ^ ^ 
 
 Ik cxiKUbc. ^]^^>. l^cgents arc authorized to draw for the support of sueh 
 
 paupers on the Treasury at the rate of one hundred dollars 
 pel- iicad, annually, as long as their jtrojier settlement is 
 unknown. 15ut when their })roper settlement is ascer- 
 tained, the parish or district to which they rightly belong 
 shall be charged with tlicii" sujiport, and I'xecution issue 
 against the iidiabitants, as in other cases of liability for 
 their poor — saving to the Commissioners of the Toor of 
 the parish charged, the right of appeal, in which case an 
 issue shall be made up between the State and the parish to 
 try thc question of the pauper's projjcr settlement; and 
 such issue shall be tried at the first term, unless time be 
 
245 
 
 given to either party on good cause sliown. And the Solic- 
 itor of the circuit shall attend and defend the rights of the 
 State. 
 
 (c.) — Strangers. 
 
 Persons lahoring under mental derangement may be ^„,it,.,rf^Jabr^^i. 
 admitted from abroad, upon such evidence as the Regents 
 of the Asylum may deem sufficient, upon comi)lying with 
 the terms of the Institution ; but no foreign patient shall 
 be admitted into the Asylum to the exclusion of citizens. 
 Nor shall the State be liable for the maintenance of any issi, vi. 437. ? 2. 
 pauper who is not a citizen of the State. 
 
 {((.) — Negroes. 
 A^eii:vocs and persons of color beins: residents of the ^. a.. i84r. \i 5:w, 
 
 ~ -f '- Negroes admitted. 
 
 State, may be admitted as patients in the Lunatic Asylum, 
 and the cost of admission and maintenance shall be the 
 same as in case of paupers, to be paid and secured in 
 advance ; and in case of slaves, admission is to be at the 
 request of the owner only. 
 
 Whenever an inmate or iiatient of the Institution shall a. a.,ir27. vi 323. 
 
 ■*■ _ _ Patients to be dis- 
 
 have recovered his reason, or be in fact cured, it shall he <'''arged when cured. 
 the duty of the Regents to discharge him. 
 
 Note. — Whenever the "parish" is mentioned in connex- 
 ion with the poor or Commissioners of the I'oor, it is to be 
 understood as embracing the poor or the Commissioners of 
 the Poor of the several districts also. 
 
 XI. — Trustees of the Estate of Dr. John De L.\ IIowe. 
 
 The Board of Trustees shall be api.ointed by joint reso- jJp*„i,|,'^,Ji„^'*^;f*. 
 lution of both branches of the General Assembly, and con- "^ "'"<'''• 
 tinue in office for four years. The term of office shall be 
 reckoned from the first Monday of April, in the year 1H,34, 
 and the appointment be made at the session of the Legi.s- 
 lature preceding the cxjiiration of tlie term of office, from 
 time to time. 
 
246 
 
 v'l«^nci<^ iK.,v ftii.-H. f" t-ase of refusal to accept, doatli, resignation, removal 
 from tlie district, or removal from the trust, of any t)f the 
 Trustees, it shall he the duty of the delegation from Ahhe- 
 villc, for the time heina:, or a majority of the said delega- 
 tion, to appoint a suitahle person, a citizen of Ahheville 
 district, to fill the vacancy till another appointment he 
 made; and at the next session of the Legislature another 
 appointment hy joint resolution shall he made, to continue 
 until a new Hoard shall he a})pointed, as hercinhefore pro- 
 vided. 
 
 ''• H- _ TIk' Uoanl of Trustees are herehv incorporated as a IxmIv 
 
 I'oweni. etc. ^ i . 
 
 corjiorate and jiolitic, in deed and in law, hy tlu- name of 
 ''The Trustees of the Estate of Dr. John De l.a Howe," 
 and may sue and he sued, imjilcad and lie imi)leaded, and 
 make rules and regulations for their government, not re- 
 pugnant to the laws of the laud, such as a majority of them 
 shall approve: Provided, that such corporation may, at any 
 time, he dissolved or controlled hy the Legislature : And 
 that annual payment of interest on all moneys due, or to 
 hecome due, to the said ]»oar(l, shall he recpiired to he 
 ]tuu('tn:illy made : and that no memhi'i' of the Board, dur- 
 ing his continuance in olhce, shall l>c directly or indirectly 
 a horrower of any part of the funds of the said estate, or 
 security for any person. 
 
 'I'- ^''- , , The- Court of Common ricas, or the Court of K(|uit\-, for 
 
 Tru-t»-e> now rt'movcd. ' l » 
 
 Ahheville district, shall have power, for del'ault in relation 
 to the returns required hy this Act, or any other sufficient 
 cause ajipearing to the Judge, to remove any one or more 
 of the Trustees from the trust herehv committed to them ; 
 and it sliall \>v \]\v duty of the Ordinai'v, or llic nicndK-rs 
 of the delegaticjn of Ahheville district, according as the 
 (h'lault may he in relation to a return t(^ the Ordinary or in 
 a return to the Lt'gislature. having given pi'i'\ious notice 
 tt) the Trustees, to re[)ort to the next Court any default 
 which nuiy occur in relation to an\- of the returns afore- 
 said ; and upon such report, or other sufficient cause, laid 
 hefore him, the Solicitor attending the said Court shall pro- 
 ceed to procure the remoAal of the Trustee or Trustees 
 comiilained of. 
 
UeturnH. Iiow inndr. 
 
 247 
 
 It shall bo the duty of the Trustees to elect some person i'--?''-- 
 not a n,einl)..r of their Board, who shall periorn, the duties ^--^S ^'•^"•'"'•^^ """ 
 of Treasurer and Secretary, iii such manner as they sliall 
 prescribe, and hold his office at their pleasure; Avhich 
 Treasurer shall give bond, payable to the Trustees, by 
 their corporate name, in a sum equal to the amount of' the 
 funds of the estate, with such security as the Trustees 
 shall approve ; and the said Treasurei- shall be entitled to 
 receive from the said estate such compensation Ibr his sci-- 
 vices as is allowed to executors and administrators : Pro- 
 vided^ that in his commissions no chari^c shall be made for 
 receivin^i- from his predecessor, or payin^r to his successor. 
 
 It shall be the duty of the Treasurer to make an annual ",..? 
 return, on oath, of the receipts and expenditures of the 
 said estate, to the Ordinary of Abbeville district, which, 
 before it is presented to the Ordinary, shall be inspected 
 and approved by the Board; a copy of which return it shall 
 be the duty of the Ordinary to transmit to the succeeding 
 Legislature; and it shall moreover be theduty of the Board 
 to cause to be kept a regular record of all their proceedings, 
 and annually to transmit to the Legislature a faithful tran- 
 script from the said record, for the year preceding, accom- 
 panied by a copy of the last return made l)y them to the 
 Ordinary, and by an exhil)it showing the jo'ccise situation 
 of the estate on the first Monday in February and the first 
 Monday in Xovember, next precedino;. 
 
 X IT.— President and Directors of the Bank of the State 
 OF South Carolina. 
 
 The Genera] Assembly shall elect, by joint ballot, a Brcs- A.A..iHi2.vni.2.v^i 
 ident and twelve Directors, to manage and conduct i\i^^Ji:^7t:::^'\^. 
 business of the Bank of the State of South Carolina. ^'" 
 
 The President shall be elected for one year, and at tlic "'• ^i^. 
 expiration of that term, shall be re-e]iinl)le, and shall Ite t. •"■ V^'tmr.. .^'wt 
 allowed lor his services the sum of four thousand dollars 
 per annum. 
 
248 
 
 ^ A._^A, 1888, XII. 098. 'pjjg Board of Directors shall be divided into three classes, 
 
 reJto™. "' """^ "^^'aiid each of these classes v^liall be annually elected by the 
 
 General Assembly, to liold office for three yeai*s, unless 
 
 their places be vacated. The series conunencing at the 
 
 session of 1859. 
 
 1815 v"l"»«''^^'*'' I" '"^'J cases where the Legislature shall omit or neglect 
 BaTr^'iritoUVow lu^o till uj. tlic IJoai'd of Dircctoi's of the Bank of the State 
 ^•^^ ''"'■''• of South Carolina, the Directors apiiointed by such Legis- 
 
 lature shall, with the President, fill up such vacancies as 
 shall occur by such omission on the part of the Legislature 
 to appoint a full Hoard of Directors, in the manner they 
 are now authorized to do, where vacancies occur by death 
 or resignation ; and if at any time the Legislature should 
 appoint any number of Directors less than seven, the exist- 
 ing Board of Directors may apj)oint such number of Direct- 
 ors as, with those apj»ointed by the Legislature, shall make 
 uji the iiuiiiber of seven, and these seven, witli the Presi- 
 dent, shall ajtpoiiit the remaining tive Directors; and where 
 the Legislature shall wholly omit, at any session, to ap}>oint 
 a President or Diiectors, those then in office shall continue 
 until a new appointment shall 1»e made by the Legislature. 
 
 A. A.. 1812, j-i II, 26, In case of a vacancy, occasioned by tlie death, resigna- 
 vacancieH "n ""ar.i of^iou, or rcinoval out of tlic Statc, of anv Director, a maior- 
 
 DirtctorH, how fillcJ. _ ' ' .^ ' ,1 
 
 ity of the Directors shall till up such vacancy, and the Di- 
 rector so appointed shall hold his office until an election 
 shall be held by the ( Jeneral Assembly at its next ensuing 
 session. 
 
 A. A..i8ii,viii,2o,gi. In ease of the death, resiijnation or removal out of the 
 
 I'rt'iiiUent. _ ' 
 
 State, of the l*resident (unless such removal be tem}>oi-ary, 
 and by permission of the Boiii'd of Directors), the JJirectors 
 viifttiiry, h.nvniici. shall ajtiiojut one of their own body as President, who shall 
 serve until the next session of the General Assembly, when 
 such vacancy shall be tilled by joint ballot. 
 
 A.A.,is58.xii.<i!to.?:!. The General Assembly' shall, at any time, have full power 
 
 ScalH iiiuy lie viiciitrd , i-i ••, ^ • ' i- ^ i i 
 
 i.y joint leHoiuiiun. ami autlioi'ity, by a joint resolution ot the two houses, to 
 vacate the seats of the entire Board, and elect the whole 
 of the Directors, anything in this Act to the contrai-y not- 
 
249 
 
 witlistaiiding : Provided, tliat immediately upon such elec- 
 tion, the Board be divided into three classes according to 
 law. 
 
 No person, who is not a citizen of this State, or who 5s a.^a.._^isi2^ vm, 26. 
 Comptroller-General, or a Director of anv other bank, or, i''; «''■>« wh" may not 
 
 I ' . ' lie fleeted I'losiucnt or 
 
 copartner of any such Director, shall be eligil)le as Pi-esi- "'"■'■'""• 
 dent or Director of the Bank of the State of South Caro- 
 lina. 
 
 . The Directors who may be chosen by the Legislature to i,irectorfl.'wh'en't^ex. 
 serve in the parent Bank^ shall take their seats and become "'"""^ *'''"" ''"''■'^• 
 members of the said Board as soon after the rising of the 
 Legislature as they shall be notified of their appointment; 
 and it shall be the duty of the President to give the infor- 
 mation by the earliest mode of conveyance. 
 
 Every President and Cashier, before he enters on the pr^^v^cnlWd^officire 
 execution of his duty, shall give bond, with two or niore'" ^"'"^"^''"'""J'- 
 securities, to the satisfaction of the Directors, in a sum not 
 less than twenty thousand dollars, conditioned for his 
 good behavior ; and the Tellers and Clerks shall give 
 security in a sum not less than five thousand dollars nor 
 more than fifteen thousand dollars. 
 
 The President and Directors of the Bank of the State of c<,mutui\,^n of souti. 
 
 Ciiroliiia. Art. IV. 
 
 South Carolina shall take the constitutional oath. Amendment of i834. 
 
 For oath. See Part III, Puhlic Officers. 
 
 The followino; oath shall, in future, be administered to A.A..ira.vni.fi4.?2 
 
 ~ _ ^ ^ . Oath of I'ronidentR ana 
 
 each and every meml)er of all the diiierent Boards of Di- nirecton.. 
 rectors of the Bank of the State of South Carolina and its 
 branches, and to each President of the said Boards, before 
 they take their seats : 
 
 "I, A B, do solemnly swear (or aflSrm) that I will not, 
 either directly or indirectly, reveal or disclose any transac- 
 tion or circumstance which maj- occur at tlie Board or else- 
 wliere, in any discharge of my official duties, either wliilc 
 I am a member of this Board, or after I shall cease to be 
 such, which can, in any degree, aflcct the credit of an indi- 
 vidual or the interest of the Bank, except it be to the Legis- 
 
latnrc, or anv examinins: connnitteo appointed bv tlioin : and 
 tliat I will not ix'tain in my possession any pai>er, docnnient 
 or statement, or eopy thereof, which may relate to the con- 
 cerns of the Bank, longer than may he necessary to dis- 
 charge any duty which may he imposed on me (rendering 
 the possession of the said jtajier, document or stiitement 
 necespary), and that while in my possession they shall be 
 kept safely and secretly, and when the duty is performed, 
 returned to the pro]>er ofticcj-; So help me'(iod." 
 
 Ohinf of other ..fflcTK. ^'^'^' ^f^lh^wing oath shall be administered to all the otlier 
 otticers of the liank atid its branches, now in office, or who 
 may be hereafter elected: 
 
 •'I, A B, solemnly swear (or affirm) that T will not, 
 either directly or indirectly, disclose or reveal any of the 
 transactions of the Bank, or any fact connected with them, 
 intended by the Directors to be kei)t secret, wliile I remain 
 in office, nor after I may leave the same, except to the 
 Legislature, or to any examining committee thereof, or in 
 a Court of .histice as a witness." 
 
 A.A.,i8i2.yin.26.gi. Xot less.tlum live Directors sliall con>titute a Board for 
 
 Kiv«' Dirt'ctoni to con- 
 
 stitiite a quorum. fhc trausactioii of business, of whom tlie rivsideiit shall 
 
 always be one; except in case of sickness or necessary 
 absence, in which case his plact' may be supplied by any 
 other Director wlioni Ik-, by writing under his hand, shall 
 nominate for the pU!"i»ose; an«l in default of such nomina- 
 tion by the President, or in case of the sickness or neces- 
 sary absence of the person so apjiointed, in either event the 
 Board of Directors may, by ballot, ajuioiiit a temporary 
 ]*resident. 
 
 ^^L^'to bo kopt au.i '1'^"' l>iivctors shall keej. fair and regular entri.-s, in a 
 proceedingHcntere,!. |^^^^^j^ ^^^ l^^. providcd for tlic purjiose, of their proceedings; 
 
 and on any f|Uestion where two Directors shall reipiire it, 
 the yeas and nays of tlu- Diixn-lors \-otiug shall be duly 
 inserted on their minutes, and those minutes be, at all 
 times, on demand, i)r<)duced to the Legislature, or any 
 committee thereof who nniy be legally authorized to re- 
 quire the same. 
 
251 
 
 The President and Directors of the Bank of the State of,,A-,t;, vir, Xl^hJ!: 
 feonth Carohna shall estahlish a Bank at Colunihia, at Cam- "^V, '^'\ .,• . „ u 
 
 ' Miiycstablmh Branches 
 
 den, and at some conv^iient point in the western or''Ar"'",T^''"^^-'*""'""'""* 
 north-western part of the State (Al)l)eville), foi- the pur- 
 pose of discount and deposit, and appoint the Directors 
 and Officers of such hranches, and lix tlieir salaries and 
 prescribe their duties; and may allot the said branches 
 any ])ortion of tlie active capital of the said Bank, as they 
 may deem advantageous. 
 
 The President and Directors shall have power to estab- a.a..i84o. xi. 175.22. 
 
 1 • 1 • f . 1 ^-» 1 /. 1 ^ « ^ Power to establish 
 
 lish agencies of the Bank ot the State of South Carolina, Agencies. 
 at such places as they may deem expedient. 
 
 The President of the Bank of the State of South Caro- a.a..i823,vi.22-.?25. 
 
 ,. , ,, . I'residcnt to counter- 
 
 lina shall countersign the transters of the live and six pcr^'^"^****^'"''''''- 
 cent, stock of this State. 
 
 It shall be the duty of the President of the mother P)ank a. a., isis. vm,.-?;. 
 
 /^l li. 1 r l^ -n> • t r».i -. President to direct the 
 
 m Lnarleston, and ot the I'resulents of its branches, to ^tt 'mcj-cincrai to im^ 
 
 d, ,1 . , . ^ 1 ri 1- • '■'■'"' "paifft any Officers 
 
 irect the Attorn ev-ueneral or Sohcitors to proceed, ac-*'""'"^ *" perform their 
 
 - . ". r y ■ dutiei4. 
 
 cording to law, against any officer failing, refusing or neg- 
 lecting to make the statements and deposits which he is In- 
 law bound and ordered to make. • 
 
 It shall be the duty of the President to lay before the A.A..i8.i].vTii.M.?.'i. 
 
 I'^„;i,j. , 'j^i' ji .r. 1.-. Prenidi-nt to render 
 
 legislature, at every sitting, the account of every salaried aoconntsof officers to 
 
 jll 11 • jii .-i-wi .1 -.^ ■, General Assembly. 
 
 officer (belonging to the parent Bank or its branches, show- 
 ing the amount wliich they owe, and how long the same 
 has been due. 
 
 A majority of the members present at any regular meet- A.A..i8i.3.vni..32,?5. 
 ing of the Directors of the Bank of the State of South expene-T"'""' '"' 
 Carolina, may suspend any Director, with a view to his 
 expulsion ; and any member ma}' be expelled at a meeting 
 of the Board of Directors specially convened by the Presi- 
 dent for that })uri)ose, as soon after such suspension takes 
 place as may be practicable ; but such expulsion sliall not 
 be made by a majority of less than two-thirds of the whole 
 number of Directors. 
 
2'.2 
 A.A,i8i2.Tiii.24ji. ^lie President ami ])iivctors for tl»e time beiiic:, shall 
 
 Power to elect and re- *- 
 
 movcCa«hicr.ci.rk» etc. |jjj^^g powei' to clect aiui rcmovc the Cashier; and they shall 
 also have jiower to appoint snt-li officers, clerks and ser- 
 vants under them, as shall be necessary for executing the 
 l)usines8 of the said Corporation, and allow them such com- 
 pensation for their services as may he reasonable. 
 
 ?m iVvm.IsVim The President, Cashiers and Clerks of the Bank of the 
 ^Vwiinu «...!( )fnrer.^tate of South Carolina and its branches, shall be exempt 
 Ju^yliuty.""' ^""""""' ^■'•«"i tilt' performance of ordinary militia duty, and tVom 
 serving on juries. 
 
 XIII. — Quarantine. 
 
 PowerTn-!,'ernf;rlnd Tlic Govemor of the State, and in his absence the City 
 citycouncii. Couucll of Charleston, shall be invested with full j.ower and 
 
 jurisdiction over the subject of quarantine within the bar 
 and harbor of Charleston. And to this end may cause all 
 vessels coming into Charleston to be arrested, and compel- 
 led to lie within certain limits until examined and suttered 
 to jiroceed. 
 
 ,mdcr'n'^l-j?fS. And it shall be the duty of the Port physieian to examine 
 I'hSr*^'*"'^"^'''"'* every vessel arriving in'the harbor of Charleston during 
 the time the Quarantine regulations arc in force, to as- 
 certain the condition of such vessel, lie shall recpiire 
 the captain or cominanding officer of such vessel to»declare, 
 on oath, the condition of the vessel, as to health, the place 
 from which she last came, the state of such place, and the 
 health and condition of the crew, as well at the time of 
 leaving her last port as at the time of examination; and 
 shall report in writing to the Governor, or in his absence to 
 the Mayor and City C'ouncil, the state of the facts, and his 
 conclusion therefrom. Whereu}ton the Governor, or in his 
 absence the Mayor a:.d Aldermen of the city, shall take 
 such measures as the public safety may require. 
 
 A. A.. 1832 VI, 472, ? 1 ^pj^^ GoveHior of the State, and the City Council of 
 
 Powers of (JovemorttiiQ ' ^ 
 
 City Council. Charlcstoii, at all times when the Governor shall be absent 
 
 from Charleston, shall have full power to establish and reg- 
 
253 
 
 iilate tlie quarantine to be performecl bv a)l vessels arriving 
 within the harbor of Charleston; and for that purpose shall 
 be empowered to make and ordain all such orders, rules 
 and regulations relating to the said quarantine as may be 
 deemed necessary, from time to time, by the Governor, and 
 in case of his absence from. the city, by the City Council of 
 Charleston, for the safety of the public and the security of 
 the health of the city; which orders, rules and regulations 
 shall and may extend to all such vessels and their cargoes, 
 and to all persons arriving in said vessels, with their 
 effects, and to such persons as may go on board of such 
 vessels after their arrival in the harbor of Charleston; and 
 also, to every mattter or thing relating to or connected with 
 such vessels, their cargoes, crews or passengers, or to any 
 person going on board or returning from such vessels; and 
 such orders, rules and regulations so, as aforesaid, establish- 
 ed, made and ordained, shall be obeyed by all persons, and 
 shall continue to be in force from and after the time when 
 the same shall have been published in two newspapers 
 printed in the City of Charleston until the same are altered 
 or repealed by the said Governor of this State, or in his 
 absence from the city by the said City Council; and every 
 person who shall knowingly or wilfully violate, oftend 
 against or disobey any such rules, orders or regulations so, 
 as aforesaid, made, established and ordained by the Gov- 
 ernor of the State, or in case of his absence from the city, 
 by the City Council of C'harleston, shall, upon being con- 
 victed thereof upon indictment in the Court ot General 
 Sessions, be imprisoned for a period not exceeding twelve 
 months, and be lined in a sum not exceeding two thousand 
 dollars for each and every such offence. 
 
 The powers and authority vested in the Governor and u... ?3 
 Citv Council of Charleston, as aforesaid, shall extend to all •''"'"''''"'■'■'■''""i'^''"'"-'" 
 
 " within twr'nty mile* <if 
 
 vessels stranded or wrecked on any jini't of the sea-coast and <'•'"''''"'""• 
 islands within twenty miles of the City of Charleston, their 
 cargoes, ])assengers and crews; and to all jiersons going on 
 board or returning from vessels so stranded or wn-ckcd. 
 
 / 
 All the said powers and authority vested in the Governor n-. ?». 
 
 * , • . . , B«!aiift>rt and Oeorg*- 
 
 or City Council of Charleston as to vessels arriving in the'"*" 
 
254 
 
 harbor of Charleston, art' vested in the Inten<hint and War- 
 dens of the Towns of Ik-aufort antl (ieoriretown rtspectively, 
 in case of vessels arriving in the harbors of either of the 
 said towns, t»r arrivin*; f>r hoiiiij wrecked or stranded on the 
 sea-coast or islands within twenty miles (jf the said towns of 
 Beanfort and (ieoriretown. 
 
 infctci vcwi-u to be Tlic Govcmor <tf the State, ami in his absence from the 
 city, the City Council of Charleston, shall have i»<»wcr at all 
 times, to cause any vessel arriving in the harbor of Charles- 
 ton, which is foul and infected, or whose cargo is foul and 
 infected with any malignant or contagious disease, to be 
 removed, or [tlaced upon such quarantine ground as may be 
 desi<2:nated bv the Governor or the Citv Council, as the case 
 may be, and the same to be thoroughly cleansed and puri- 
 fied, at the expense and <liarge of the owncis, consignees or 
 possessoi-s of the same; and also cause all persons ai-iiving 
 in, or going on board of such infected vessel, ov handling 
 such infected cargo, to be removed to such place as may 
 be designated by the Governor or City Council, theiv. to 
 remain under the orders of the Governor or City Council; 
 all expenses incurred on account of the aforesaid quarantine 
 rules, orders and regulations shall be paid by the persons on 
 whose account the^- are so incurred. 
 
 inf.rit'.iv<««ti«toieivc 1'^^ GovcHior of thc State, and in his absence the City 
 ""'^*""- Council of Charleston, shall havt- full power and authority 
 
 to oi'dei- any vessel ari'iving within the harbor of CharU'ston, 
 witli a malignant or contagious disease or distc'iu|U'i' on 
 boartl any such vessel, or with the crew or [>assengers 
 infected with the same, to depai't the State, at such time, 
 and upon such notice as the (iovernor or City Council shall 
 think propter and most consistent with the siilety and lnaltli 
 of the said City of Charleston. 
 
 .\;/V."HllH\!pn!.H"witii- ^^ vessel coming into any harbor or jiort within this 
 out , .,.,,,.. r Hnti,.,nty. g^.^^^ ^jj^^jj |^^ suffcml to pass thc phiccs a[>pointed by the 
 
 Governor or ju-oper authorities, for examination of vessels 
 coming into this State; nor tduill any jterson be suffered to 
 land from any such vessel before the vessel shall have been 
 examined by some person appointed by the proper authori- 
 ties. 
 
255 
 
 Every pilot or other person wlio shall bring;, or {Attempt ^.^;;^:\^^jy^j*'\^=3'**'^- 
 to bring, or cause to be ]>rouo-lit into any i)ort of this State p^';';^''/;"'V;"*^^^^^^^^^^ 
 any vessel, or. the whole or any part of the crew, passengers'""' 
 or cargo beyond the places a})pointed for her examination, 
 without such vessel being examined according to law, shall 
 forfeit and pay, the one-half to the use of the State, and the 
 other half to the use of such jterson as shall sue for the 
 same, the sum of five hundred dollars; and the pilot shall, 
 moreover, be deprived of his 1)ranch as a pilot: Provided, 
 that nothing herein contained shall extend to persons wlio 
 may be shipwrecked. 
 
 The officer or officers who may be entrusted with the ,.aA;1''"ov.598: is32. 
 
 « V I. 4(.l. g n. 
 
 execution of the Quarantine laws are authorized and direct- May .■mpioy force 
 ed, in case of a violation, or attempt to violate any of the 
 said laws, to board, by force of arms, any vessel used in 
 such violation, or attem[»t to violate, and to detain her and 
 her crew and passengers. 
 
 Any vessel which shall be restrained under Quarantine v,^-^,;J^^'*'-^^^- '^^2' 
 laws, and shall attempt to violate the same, may 1)e fire(l^:^;^i,,^VZ. '''"''''' 
 upon, and detained by force of arms. 
 
 When the Governor may deem it necessary, he shall, at no,-fts tJ^l' iTrovlIioa «t 
 the expense of the State, hire and employ boats and ^mall """"'""'"'*■ "^""■'^'*''- 
 craft, and a sufficient nnml)er of able men, well armed, to 
 be stationed wherever he may think iit, and to act under his * 
 
 directions, in order to enforce obedience to the laws of this 
 State requiring the perfornumce of quarantine; and also to 
 arm such men, if requisite, with any firearms belonging to 
 this State. 
 
 All fines and forfeitures and iicnalties now jjrovided by Ki,itfl^and^f..i1vftur^ 
 the laws of the State for the violation of tlie (^nirantine '"'*'"""*"'''""^ 
 laws, or disobedience of the orders of the (iovernor estab- 
 lishing (Quarantine regulations under any Acts of the Gen- 
 eral Asseinby of this State, shall be recovered by indictment 
 in the Court of Sessions; and all jtersoiis ofi'ending against 
 the same, upon conviction, shall be liable to imprisonment 
 not exceeding twelve months, in addition to su<h fines, for- 
 feitures and penalties. 
 
256 
 
 XIV. — ESTRAYS. 
 
 « 
 
 Eitroyl'^aJbr'h.keD ^^'>}' fi'^cliDldcr ov Settled resident avIki may find a stray 
 "'■ horse, ass or mule, bull, cow, ox or calf, hog, shoat or goat, 
 
 wandering on his grounds, may take up the same. And in 
 such cases it is his duty, first, to advertise in three places of 
 general resort in the ncigliborhood that he has taken such 
 an estray, and that the owner is required to come forward 
 and claim his pi-operty. 
 
 luity of person uking ^^ ^his advertisement fails to bring out the owner, the 
 upi.i.tray». advertiser must, ten days afterwards, take the horse, mule 
 
 or ass to the nearest or most suitable Magistrate, to have it 
 appraised ; but cattle, sheep, hogs and goats need not be 
 carried before the Justice, but may be appraised on the 
 advertiser's premises. 
 
 a!'a?. mo, XI. ? 22. It shall be the duty of the Justice to summon three im- 
 ijI.Vv^ff Justice. partial freeholders. of the neighborhood to view the estrays. 
 And tiiese freeholders shall certify, under their hands, a 
 full and accurate description of the estrays, specifving the 
 colors, sizes, ages, marks and brands of the individuals, and 
 their true judgment and opinion of the real value thereof. 
 
 ^^- And the Justice shall enter that certificate at large in his 
 
 toll-book, and within ten days deliver a copy to the CMcrk 
 of the district, to l)e recorded, and post a notice of the pro- 
 ceedings, stating the soi't of estray taken up, a descrij>tion 
 (^f the individual, and its marks and brands, and post the 
 same at the court-house, at two j)Iaccs of general resort iii 
 the neighboi'hood where the estrays were lound. 
 
 Do: 
 
 s.mxi""^'.^"'*"""^^' Stray horses, mules and asses shall also be advertised in 
 Advertisemeut. ^j^^. iiearcst gazctte of general circulalion, once a month for 
 
 four months; but for other estrays the advertisement posted 
 
 for two months shall be sutKcient. 
 
 Aitcr.r^ ^'•■'''^•^^' The printer, for advertising an estray, shall be allowed 
 nu erMpuy. ^^^.^ dolhu's, aud uo more, out of the amount of sale. 
 
257 
 
 And if no owner shall appear within the given time, "".j^^^xi §'j 
 that is to say, four months for horses, mules and asses, KViuM.\viicrd.inotai.- 
 and two moijths for other estrays, the Justice shall de-jre''trajf '''*'' "'""'*^'''"''" 
 clare them respectively to he estrays, and shall, T)y a pre- 
 cept directed to his Constable, require him, after advertisins; 
 for ten days, to sell them as estrays. The purchaser shall 
 pa}^ the costs in cash, and ii'ivc liis note for the rest of the 
 purchase money, with approved security, payable to the 
 Justice, and h}' liim assigned to the Commissioners of 
 Roads for the district or parish, or to the Board foi' that 
 division in which the estrays were taken up. 
 
 And the Justice shall render a full jicconnt of the sale to "•• 
 
 Jiistico tn rciiilcr iiii 
 
 the Clerk of the district, by whom the same shall be entered '^'^c-"""- 
 in the book of estrays, which shall always be subject to the 
 examination of any one desiring to inspect the same, free 
 from charge. /See Clerk, Justice of the Peace. For fees of 
 Justice and Constable, in relation to estrays, sec Fees. 
 
 In keeping and maintainiugestravsunt.il the time of sale, ,,'^.; •^-JJ?''': )'•'•*'*' H^ 
 
 i ~ O ./ ' ] S03, V . 4<iri. f Sy. 
 
 the person who took them up may take his choice, to use K^'ray mi.v i»«oik(><i. 
 
 the estray when capable of use, as compensation for its 
 
 keep, or receive such a reasonalile allowance out of the sale 
 
 or from the owner as the Justice may allow. But if tbe 
 
 estray has been worked, it must be [iroduced at the sale in 
 
 as good condition as when it was appraised; and if the J'-Miaii v r r ai-n-..-. 
 
 estray be abused, the party offending shall be liable to an 
 
 action for damages bv the owner of such estrav: if the 
 
 owner shall claim the estray within the time prescribed 
 
 by law. 
 
 If the owner shall aiiiiear and oi-ovc his claim to tbe estrav * a.. iTs'.t. v.i.-w: is^w 
 
 A A ' -v. 4(5.'). 
 
 before a sale, the i»roperty shall l)c delivered to liini on his •''""'^■''■v '" '•' (i<-'ivomi 
 
 ' 1 A ./ til owner on iiavnicnl of 
 
 paying the expense actually incurred. cxp-nM-.. 
 
 If he should not make his appearance iji time to prevent Ahor IIk ni.V'owmM 
 the sale, l»ut sliall come forward witliin twelve montlis after IT,?;;;""'"' '"""" "^ 
 the sale, and show his right, he shall receive from the Com- 
 missioners of lioads, or the Justice, at* the case may be, the 
 full amount for wliiili the estray was sold, deducting rea- 
 sonable expenses. 
 17 
 
258 
 "'■ i'- Tf aiiv i^erson sliall wilful! v ix-niiit anv stoiic horse, above 
 
 Mt>iii' lj<.i>.i-. ii.it tonin • * ,• • • ' ^ 
 
 ''■"-"■ tlie aire of twenty iiuMitlis, to run at larijo in the woods, it 
 
 shall lu' lawful foi- :<ny pcrstm to catch and <reld such ]n»rse, 
 and to recover from tlie owner two dollars and tiftv cents as 
 compensation for doin*? so, hy tlie jn<l<!:'iient of any Justice 
 (»f the Peace of the district or parish in which the ease 
 arises. 
 
 Allrn-*! 
 f<ii:ilt 
 
 {wci^v 44V5. K.. T^ •*"}' J"'*t^i<'<?. (Merk of the district, or person, takinir "P 
 
 an estray, shall refuse or neifleet to perform tlie duties 
 herehy re(|uired of him, he shall forfeit and pay the sum of 
 tweiity-Hvc dollars, to he recovered l)y any pci'son that will 
 sue for the same hy summary ju'ocess. and he lial)K> in dam- 
 ages to the party grieved. 
 
 X^^ — Di'.MXAci:. 
 
 AK*c!.tilm8^r!>r"TraiJl ^Vhcn the proprietoi-s on an inland swamp, or the owners 
 .>pr.-..f-«an)|.K. ^^' two-tliirds of the lands lying on such swamp, are willing 
 
 to eombine for the jturpose of draining the same, and form 
 tlicmselves into a company hy aitidcs in writing, and c-ause 
 those articles to be filed in the (Merk's oHiee of the district, 
 they shall thereby be enabled to act as a corporation, and 
 tlie articles of their agreement shall have all tlic etfect of 
 the l)y-laws of an incor}>orated comi)any, and be binding, 
 not oidy on tlicmselves, but on all the ]ir(^i)riet<u-s of land 
 on the said swamp. 
 
 lb. 
 
 c^irimriUi'iii. 
 
 Sucli comjianies, severally, shall have power to assume a 
 corporate name, and by that name to sue and be sued, 
 tVoni time to time to make and ordain such l>y-la\vs and 
 regulations foi- tlus government of the i-oi-poration, and 
 the regulation of their business, not repugnant to the law 
 of tlie land, as to the company or the direction thereof 
 may seem good. 
 
 j)'-.-?/^- Everv companv so foiMiicd into a coi-itoratc IxhIv shall 
 
 have power and autliority to drain lliit>ugli the land of any 
 person t>n the swani|)s, though such person l>e not a mem- 
 ber, by making compensation to the owner for tlie land 
 
259 
 
 necessary for tlie construction of a competent and proper 
 drain or canal. And if the owner of the Umd shouhl 
 refuse to sell for a reasonable price, the conipan}- may 
 ajiply by petition to the Court of Common Pleas for the 
 district in which the land to be taken, or the _ii:reater part 
 of it lies, Avith an accurate survey and description of the 
 (piantity of land demanded, which survey the other party 
 shall not be allowed to hinder or prevent. And upon due 
 notice to the other party, and consideration of the en- 
 gineer's report and of what may be alleged on both sides, 
 if it shall appear that, for the purpose of eiFectually drain- 
 ing the swam[), a canal or (h'ain through the respondent's 
 land is necessary, the Court shall order a commission to 
 issue to assess the respondent's damages by reason of the 
 taking i'or the use of the company so much of his land as 
 may be necessary for the camd or other work. 
 
 And the i)roceedinf!:s, under such commission, shall be "'• 
 
 i ~ ^ ' I'riircfaiiiifB iii)ii(>r c'liiti- 
 
 the same as prescribed i'or the conversion of private [)rop- '"'"''""• 
 erty to public use. See Eminent Donuiin. 
 
 And upon the trial of the case, and upon payment of the n,. 
 
 , ,. ,, J. i il i i-ii 1 • i Land vested in (>)r|io- 
 
 amount ot the assessment to the party entitled, or intOrati.-n. 
 Court, if refused when tendered, the land to which assess- 
 ment has reference shall be vested in the corporation. 
 
 The costs of the petition, commission and return shall be 
 paid by tlie actors, and the subsequent costs by the ]»ai-ty 
 against whom the decision is made, unless otlu'i-\vise 
 ordered. 
 
 No iierson not a member of the coritoration shall either i»<..?3. 
 
 , I'articn not nicnilwn* of 
 
 drain or flow into their canal, nor use the water for the <""rp"niti "n ma.v iwnmo 
 benefit of his lands, without paying a reasonable rent, not 
 exceeding one-third of the annual value of the land so 
 irrigated or drained. But if any proprietor, on or near 
 such swamp, desires to become a member of the corpora- 
 tion, he may do so by i)aying a due proi»ortion of the 
 outlay of the comiiany, with interest. 
 
 If any [terson shall obstruct a canal belonging to any ,),r^^„.„ 
 company for the drainage of an inland swamp, by placing 
 
260 
 
 l(>«rs or anvtliiuir elso in tlio cliauiu'l. ho sliall bo liablo to bo 
 fined, if a monibor of tlie eonii)aii\. and if a stranjror, to bo 
 pnnisliod ])y indictniont. bosidos boin<r liablo to tlio ooin- 
 pany foi* all tlio damaut's snstainod by tlioni. ami donblo 
 costs. 
 
 III.. 2 4. 
 
 li^i.^if,,. Tlio debts oontraetod by snob a oor[)oration shall bo a 
 
 lion on tho hinds of tlio ooiiipany. An<l if tlie land of any 
 niombor l)o sold for a doljt ol' tho oonii>any, the ownor shall 
 be entitlod t(» oontril)ntion from tho othor niombors. 
 
 ''■■•?;'• . , A tonant f<»r lifo of land Iviiii^ on snob a swamp, may l)iiul 
 
 QualificHtiuiif r.ir pro- . o 1 . 
 
 pr!cion<iii,.. ^j,^^. inhoritaiioo In" boooming a mombor of such a corporation, 
 
 and any married woman, infant or person of unsound mind, 
 nia}-, by leave of the Court of Equity, become a member of 
 such a corporation on the petition of the husband, guardian 
 or committee. Prorido/, that before such leave be granted, 
 notice of Iho jiotition be given to the next friend of the 
 ]>erson under disabiliry, and tliat tlie tacts of the case be 
 reported to the Court by the Master, under an order of 
 reference, and that the court be satisfied that it is clearly 
 for tho interest of all concerned to make tho order. 
 
 ii>..?T- Kverv corporation so constituted shall appoint a Chair- 
 
 OrpviiiKHtiiiii. .X 
 
 man and Socrotary, and keep regular minutes of its meet- 
 ings and tho business done. 
 
 ^''•"' >«o excoiitioiis shall bo allowed to the acts of the conii>anv, 
 
 II'.. 1 0. h. i ' • 
 
 ncnnitioi. c.r ••i.,iiui.i .j;, ^ coi-itoi-ation. on tho iiloa that tho swamp drained is not 
 an inland .swiinip. All swanijis sbali bo (IccnuMl inland 
 swamjts oxoo]»t such as are called river swanijts oi- tido 
 swamjis, river bottoms or river margins. 
 
 i"'-2»- If two-thirds in value of anv inland swamp be owned bv 
 
 Oiif |>n>|irK'lor ni;iv ' . ' 
 
 p(wi8c««ri>.i>t«of .. (•..T-.-.^,, individual, ho shall oniov all the riijiits of a corporation 
 in his efforts to drain the name. 
 
 v„. Any individual at the; lu'ad of an inland swamp shall 
 
 have the riglit to o]>on a competent canal, at his own 
 expense, to the mouth of the swamp, unless the owners of 
 the swamp below him allow him to drain through the 
 drains or canals made by them, subject to the foregoing 
 conditions. 
 
261 
 
 XVI.— Dams. 
 
 Xo person shall 1)0 pennitled to make or keep uj) any n8^;iV.''s4o"''''^'^^ 
 
 1 11 . illili.^ Ni» (lanis to be eiccfoii. 
 
 (lams or hanks on a wator-courso, so as to back the water or watfiict off. tome in- 
 
 !• 'ii-ii 111 1 'iij jiirv of otlier persont!. 
 
 u[)on Ins neiglnxn" s huul; nor shall any ]K>rson he i)ernnttea 
 to let oft" any reserved water to injnre the crops upon the 
 grounds of persons on the same water-course. 
 
 And if any iierson shall iten hack the water so as to a.a 1744. mlroq^--: 
 
 •' A I To 1)0 lomccJiCil by ii 
 
 overflow his noiffhbor's land, without his consent, (U' let oft:'"f|'^« "'"' "'™* •'•■•'- 
 tlic water from his pond or reserve to the injury of the per- 
 son helow him,- the party aggrieved shall be entitled to 
 apply for a warrant of survey to any Justice of the Peace 
 of the district within the vicinity, wlio shall thereupon 
 notifv the Avrong-doer of the complaint, and appoint a time 
 for holding a survey to enquire into the matter, and sum- 
 nn)n three disinterested and impiirtial Ireeliolders of the 
 neighhorhood, one to be chosen by tlic jiarty comjilaining, 
 one by the opposite party, and the third \)\ the dustice. 
 But if the opposite part}' declines to exercise his right of 
 choosing, the Justice shall appoint a freeliolder for him; 
 and tlie frceliolders thus appointed shall be sworn to deter- 
 mine the matter submitted to them, justly and impartially, 
 according to their judgment and (;onscience; and they sliall 
 then view the premises, and if they find tliat the water is 
 penned back on the land of the party complaining In- the 
 obstructions of the dcfeinhuit, they shall oi'der his dams to 
 be cut and the obstructions removed. 
 
 And if the complaint be for letting off reserved water ^^/j.;;;, 
 and the freeholders find that the party has been injured by ,,„^™'-' '""> '- '"• 
 that cause, they shall assess the (himages sustained by him, 
 if they do not exceed twenty dollars, and certify the same 
 t() the Justice under their liands; and such damages, if not 
 paid within ten days, shall be levied of the defendant's 
 goods by warrant of the Justice, as in cases of causes small • 
 and mean. But if such damages exceed twenty dollars, 
 the same shall be rt'vovered by action of debt in the Court 
 of Common IMcas, in which action llic <lcclaration mav be 
 
262 
 
 filed (in ivtiini day. witli a rule to i»loa<l on xhv first day ot 
 the ensuing terni. and no iniparlanco sliall bo allowed. 
 
 'KxJption. ^^'^ "^ daniaijes shall be allowed lor the esea[>e ot" water, 
 
 by reason of th 
 bv violent rain.^ 
 
 by reason of the breaking of the banks when occUvsioned 
 
 Aiion.V*"'^' '*"*'■ If water be kept during winter in any iidand swamp on 
 lo'T.e'^!,M'.m!'^,fn"""lhriee fields to be planted the ensuing spring, the dams must 
 '^' 1)0 opened and the water let off on or before the 10th day of 
 
 '•'•""'">• Mareh in eaeh and evei-y year, nndtr penalty of four hun- 
 
 dred dollars. And if any person shall refuse to lot off tlie 
 watei- on bis riee groun<ls as aforesai<l by the 10th day of 
 Mareh, the party interested may sue for *.nid recover the 
 sai<l penalty; oi" he may apjily tt» any .lustiee of the Peace, 
 and obtain a warrant of survey; and such proceedings shall 
 be had on such survey as already mentioned; and if tlie 
 freeliolders be of opinion tliat the obstructions may prevent 
 the plaintiff from jilanting liis crop of rice in proper time, 
 they may cause tlie banks to be cut and the obstructions 
 immediateh removid. 
 
 i^- i- liut no penalt\- shall be exacted of anv itcrson who sliall 
 
 Kxce|ili.iii. 1 • • 1 
 
 have made through his own lands a sufKcicnt drain or vent, 
 ol" the sulliciciicy ot" wliidi the tVecholdcrs shall he judges, 
 to cariT off the waters from the j»rcmises as expeditiously 
 as by the natural vent. 
 
 uwJ!;. f-...rnv And a warrant of survey mav bo had at anv time be- 
 
 tween the first day of Xovembei" and the tenth day of 
 March, for the examination and i'cnio\al of any dam, or 
 obstructi(»ns ^\•hi(•h may impede the passage of surplus 
 
 •rriHi. water on any I'ice givunids; and if the .lustice and free- 
 
 holders find the complaint to \)v well founded, they shall 
 cause the dam to he cut. aixl the ohstructions removed as 
 above mentioned. 
 
 ii'-.<!:' The relief of the i>ai-tv i^rieved shall in no case be stayed 
 
 >»'""•'• by reason of the absence of the party comitlained of, if he 
 
 or his agent or overseer neglect to appear or to choose a 
 
 freeliolder; and the freeholders shall, in everv case, certify 
 
263 
 
 their proceedings to the .lustiee uiuUm" their own liands. 
 
 And the expenses of tht' snr\-e_v shall he [»aid in all eases KxiKMis..xorKurv..v 
 
 by the party against wlioni the tVeeliolcK'rs shall give their 
 
 decision. 
 
 If any person sliall sto}) anew any (hini, or replace any ]^^^Xt^ 
 obstructions after the decision of the freeholders lias been piSli^trm-u"^ '"■' 
 carried into effect, or cause the same to be done contrary 
 to such decision, every person so offending shall iorfeit and 
 pay the sum of eiglit lunub-cd dollars, to he reeoveivd l)y 
 action of debt at the suit of the party grieved. 
 
 And if anv person shall obstruct the Justice and free- l*;;-^"*; 
 
 1 Altered. 
 
 holders in tlie discharge of their duties, or interrupt the i,J';;-;^*>;,^;^^^^^^ 
 execution of their award, every [terson so offending shall*"'' *""''"''''*''''■ 
 forfeit the sum of two thousand doUars, to lie sued for 
 and recovered by the party grieved. 
 
 All reserves of water for flowing rice lands shall be ui., js. 
 
 . 1 , . *" » 1 • Altered. 
 
 strono:lv built with a sufficient wastewav. And m case Reserve,- to ik- »ti<.i.L'i.v 
 
 "-^ • '' eniljaiiked. 
 
 complaint l»e made of any reservoir to a Justice of the 
 Peace by any person liable to be affected by the l)reaking 
 of it, the Justice shall summon three freeholders in manner 
 already mentioned, and give notice and hold a survey: and 
 if in the opinion of such freeholders the dams or embank- 
 ments forming such reservoir are insufficient, tlie owner 
 shall forfeit and pay four hundred dollars to the party 
 endangered or grieved thereby, to be sued for and recov- 
 ered as above mentioned. 
 
 If complaint be nnule by any ]»erson to a Justice of the ^itcred'^'"''^'^'''^' 
 Peace upon allegations entitling the party to a warrant of »"t.v of JuMtioe. 
 survey, it shall be his duty to }>roceed with the case. And 
 
 i> 1 • 1 i ' /• 1 . 11 1 II i' /• -i^ Penaltv for ne(cl'''-< '•> 
 
 HI case of his neglect or refusal to jit'ocecd, he sliall lorteit r.f..*ai. 
 
 and pay a fine of twenty dolhirs, to l^e recovered In* action 
 
 of debt in which no im]»arlance shall l)e admitted : and in 
 
 case any freeholder, l>cing summoned, shall refuse to attend, i>en«it.v on Kreeii<d.ier. 
 
 , ,',,_„. - ' 111 ii'ii .for refusal to aiU-n<\ . 
 
 he shall forfeit and pay ten dollars, to be levied by the 
 Justice's wanant, unless prevented by Hickness, or some 
 good reason to be verified by his affidavit. 
 
264 
 
 y|,;|.,Ji The fees of the Justice and tjfHcers, and compensation of 
 
 *'**• the freehohlers, at the rate of two doUars per day, shall be 
 
 paid by the party in tin.* wrong, ah found by the decision of 
 
 tilt' tiHH'lioldi'rs. 
 
 W 1 1. —Canals. 
 
 Note. — No general law on this subject remains in (»pera- 
 tion; by the Aet of lS:i;">, VII. :277, §2, the Superintendent of 
 Publie Works was substituted to the duties of the various 
 Hoards apjiointed for the charge of the canals undertaken 
 by the State for the im[»rovement of inland navigation. 
 
 J5y the Act of 1.S4S, XI, 501, the office of Superintend- 
 ent was abolished. 
 
 For the canal at Lockhardt's Shoal, see Act of 1848, 
 XI, 501. 
 
 .Will.— RiVKKS. 
 
 A A.. i7.'o. ni.ro. Xo person shall cut down, throw, or fall into anv river. 
 
 Altered. ' • 
 
 . '**f.^-\'-.-^-'-^-^=''^-''- naviijal)le ei'eek or cut in this State, anv timber. <u' trees, 
 \ I, J**, i t). "^ • 
 
 I'.tiaUv forobhtiuciiiiK under penaltv of being prosecuted for a misdemeanor, un- 
 
 iivorK. iToeKN. (-Ills. I . o 1 
 
 less such obstructions be removed by him within the spat-e 
 of forty-eight hours; and the [tarty ofi'ending herein, on 
 (•onviction. shall be fined in the sum ot'fij'ty dollars ; and if 
 the offence be committed by a slave, without the concur- 
 rence of his master, on convictiiui thereof before a Justice 
 of the Peace, he shall be punished by wliijiping. within the 
 discretion of the .lustici'. not excct'ding thirty-nine lashes. 
 
 avh-. When ('ommi»ioncrs arc appointed by tin- (lem'ral As- 
 
 sembly foi- the imi>ro\cment ol" a ri\er, they sh:ill ha\e the 
 same power of calliiKz: (»ut the iidialtitants ami of laying 
 assessments within the local limits under their authority, 
 and of imposing fines for neglect of duty or disobedience, 
 and the same process forrccoveiy of fines imposed, as (\)ni- 
 niissioners ol" Koads are invesli-d with. 
 
 Note. — Commissioners have bci'u appointed for all the 
 rivers in the State by separate or various Acts, which have 
 
265 
 
 generally become inapplicable, or been silently suflcred to 
 expire or go ont ot" nse. Among tlie Bohi-ds, that of 
 which most fretpient mention is made, is the Board for 
 Little Tee Dee river. A. A., 1849, XI, 587 ; 1809, TX, 
 443 ; 1798, IX, 384 ; 1785, VII, 539. 
 
 XIX. — Game Laws. 
 
 I. — Killing of Deer. 
 
 II. — Fire-hunting. 
 IIL — Hunting on lands of others. 
 IV. — Hunting bv non-residents. 
 
 v.— Fish. 
 
 I. — Killing of Deer. 
 
 It shall not be huvl'ul for any person -whatsoever to shoot a. a., ivm'. iv. .•im; 
 or kill any doe or fawn, between the first day of January siipiniy ait.mi. 
 
 «' ' . ./ Killing iliips liotwcoii 
 
 and the last day of July, in any year ; nor to shoot or kill |j[^';». :J;;;;"(;,VJusT.ctw^*en 
 any buck, between the first day of September and the last J.;-^i^',=;;''i;;;'';;';;;,»:;^ ^^'^ 
 ?^riday of (X-tober, or between the first day of ]SLarch and the l:;^:,' Aprn. p',Xi?^d. 
 last day of April, in any year; and if any person whatsoever 
 shall ])resume to hunt, shoot or kill, or otherwise destroy, 
 any buck, doe or fawn running wild in the woods, within 
 the times hereinbefore respectivel}^ limited, every i)erson so 
 offending shall forfeit and pay the sum of ten dollars for 
 every buck, doe or fawn so killed or destroyed, the same to 
 be recovered before any Justice of the Peace in the county 
 where sucli offence shall be committed, upon conviction by 
 tlie oath of one sufficient witness, or on confession of the 
 l)aj'ty. Such penalty to be applied and disposed of in the 
 manner hcrcinaftci- directed. And if any servant or slave, 
 by command of his or her nnister, mistress or overseer, 
 shall so shoot or kill any deer as aforesaid, the party giving 
 such command shall be liable to tlie like penalties respec- 
 tively. Proridid, nbraiis, that it shall and may be lawful for 
 any freeholder or housekeeper, at any time, t<> kill, or cause 
 to be killed, any kind of deer in his enclo.«»ed grounds, with- 
 ovit being liable to any penalty for so doing. Prorided, also, 
 that nothinu: in tliis Act contained shall extend or be coii- 
 
200 
 
 8traed to extend to any person who shall kill at any time 
 any deer for" food, tor the necessary suhsistenee of hiniselt' 
 or family, so as «neh person do not sell or dispose of the 
 skin of any deer so killed ; and in eiu<e any person shall be 
 prosecute<l for killini; thrr within the times prohibited by 
 this Aet. and sneli person shall alle«j:e that he killed siioh 
 deer for food for the ne« rs>arv subsistene" of bimsilf t»r 
 family, the burdi-n of the proof shall lie on the person so 
 proseeuted. 
 
 A. A. 1T<59 IV :«10. »-J. » 1 1 11 1 i'. 1 . 1 -ll 
 
 HiiiiiiiiKin iiit;»ii. Any iKT.-oii or persons who shall lic-reatter Imiit or kill 
 
 any (U-er in iIm- niirhl time, exeept in their own enclosed 
 a:ronnds, for every snch <»ifence shall forfeit and pay the 
 sum of twenty dollars, to bi' applied ami disposed of in the 
 manner herein directed. 
 
 iTwl 
 
 IviiMii'i.... iiMW mov- All tin- said penalties may be ri(o\ ered before any flustiee 
 of the Teai-e, in the district or parish where the offences 
 aforesaid shall be eommitti'd : and when I'eceived, shall be 
 divided and paid, one-half to the use of the poor of the 
 parish where the otienee shall have been committid, and 
 tlu- other hall" to tlie inlormei'. And tlu- oath of one credi- 
 ble witness, or the confession of the party accused, shall be 
 allowed as sufficient evidence to convict tlie (diemh'r before 
 the -histice of the IV'aci' aforesaid. .\nd in ease any |ter- 
 son, convicted as aforesaid, shall ret'iise oi- ueiilect to pay 
 such fine, it shall and nniy be lawful for the dustii-e of the 
 Peace before whom he shall be coh\ieted lo commit such 
 pers(»n tt» jail, there to renniin without bail or mainprise 
 for the space of two mohth<. 
 
 siiji.iiyTiterJ"'" ^".^' persou couvictcil of kiirni<.r a doe, at any time 
 
 iirl'i'fe^^^^^^^^ the first day of .March and the first day of Sep- 
 
 ''y'lH'iv. Hce Art. tember, shall be liable to a line of m»t more than twenty 
 
 dollars; and upon iioii-paynu'ut of tlu' same, may be im- 
 prisoned in the sanu' nunnier as pt-rsons who hunt with 
 fire in the ni«^ht tinu-. And all the proceedini;;s for the 
 recovery of the said fine and for the infliction of the said 
 imprisonment, ami also the ajiplication of the said fines, 
 sludl be the same as in cases of persmis ehai'ired with hunt- 
 ing witli fire in the night time. 
 
2G( 
 
 11. — B"'lRE-lluXTING. 
 
 Any person or persons wlio sliall liercaftor liunt witli tire siV^iti'nii.M;.''^ 
 iu tlie night time, for every such offence Bliall forfeit and ^ J;"""''""" "'■'■'"""■ 
 pay a sum not exceeding ten dollars, and for every deer so 
 killed a sum not exceeding twenty dollars, and for every 
 horse or head of neat cattle, or other stock of any kind, a 
 sum not exceeding fifty dollars, which penalties shall and 
 may he recovered hefore any one Justice of the Peace, and 
 four disinterested freeholders, in the parish or county where 
 the offence shall he committed, and when recovered shall 
 he paid, one half to the use of the ]>arish or county, and 
 the other half to the informer who shall sue for and recover 
 the same; and in case any person or persons so convicted 
 as aforesaid shall refuse or neglect to pay such fine, then it 
 shall and may be laAvful, and the Justice before whom he 
 shall be convicted is hereby required to commit such per- 
 son or pei-sons to the common jail in the county or district 
 where the offender or offenders shall have committed the 
 said crime, there to remain without bail or mainprise for a 
 term not exceeding three months. ISaving to the accused, 
 in all cases where the fine exceeds twenty dollars, the right 
 of trial by jury; and in case of his claiming such right, he 
 shall be bound over to appear at the ensuing sessions for 
 the district, or committed to jail for the want of security. 
 
 It shall and may be lawful for any Justice of the Peace, {,',';, ^;,f.,„^,i.„ 
 before whom information sliall be lodged of any breach of 
 this ordinance, to issue his warrant to any lawful Constable, 
 commanding him to summon a sufficient number of disin- 
 terested freeholders to appear at a certain time and place, 
 for the puri>ose of hearing, trying ami determining on the 
 said information: and the freeholders so i^ummoned are 
 hereby re(piired to attend, on pain of forfeiting the sum of 
 two dollars each for neglect, to be laid and levied :nid ap- 
 plied as hereinbefore mentioned, by authority of the same 
 Justice of the Peace, unless such defaulter shall give a g<tod 
 and sufficient cause, on oath, to the satisfaction of the said 
 Justice. 
 
268 
 
 .'wtif.'.'f Fi<.t...i,i,r*. ^'''*^' ^'""* freohi)l<k'is, ju-evious to tliuir eiitorins: on anv 
 trial l.v virtue of this ordinance, shall take the tollowini^ 
 oatli or afiinnation htt'ore tlie said Justice, who is herehy 
 empowered to administer the same, to wit: 'I. A B, do 
 swear («)r attirm, as the ease may he) that I will, to the best 
 of my jiidtrmcnt, without partiality, favor or alfeotion, try 
 the cause now dependini; hctweeii A. plaintiti', and Ji, de- 
 fendant, and a true verdict tjive according; to evidence — so 
 lielp me (rod." 
 
 III. — TIiNTi.NG ON Lands ok Otmkhs. 
 A A K.-.-uv .-tn.js. If anv itcrson. at anv time whatsoever, shall hunt or 
 
 SIikIiII.v nltcriil. • ' 
 
 iiuntit;jt.mian.is..f ranii:e on anv lands whatsoever, without the consent of the 
 [U'oprietor, at a <;reater distance from his or her ]»lace of 
 residence tlian seven miles, every such jierson so offending 
 sliall forfeit and pay the sum ol' ten dollars for every such 
 offence. 
 
 1\'. — III NTINC liV XoN-ReSIDENTS. 
 A A..isA5,xn.4o<5.?i. ]( ^i,.,!] ,,,,t he lawful for anv non-resident of this State 
 
 Non-rcslucnt iirohibit- 
 
 fi from bum iiiR. etc. ^^j ^jj,^> .^ gun, set a trap <u' decoy, or tt) employ any other 
 device, for killing or taking deer, turkeys, dm-ks or any 
 other game, nor to set a trajt or seine or net, or draw or use 
 the same, or any (»ther <'ontrivanee, for taking or killing 
 fish within the tiTi-itorial limits of this State. 
 
 "'••rJ. Kver\ iierson \v ho shall ojleiid au'ainst the provisions of 
 
 IVimlt.v. • ' ' ' 
 
 tliis Act shall i)e deemeil gtiilty of a misdemeanor, and on 
 conviction tlicreof shall he liahle to a jtenalty not exceed- 
 ing two liundred dollars nor less than one hundred dollars, 
 ami imprisonment not exceeding three months nor less tliau 
 one month, for each an<l evei-y viohitit^n o{' any of the pro- 
 visions of this act. 
 
 ll'-^"'- ,.. i. All nersons shall he deemed and taken as non-residents, 
 
 Mcanlii); of tlic Act. I 
 
 witliin the meaning of this Act, who shall not have had 
 their actual domicile in this State for two years next preced- 
 ing their usi' of any of the impK-nients of the chase or 
 fishery forhid(h'n hy this Act. But nothing herein con- 
 
260 
 
 fained shall be construed as prohibiting any landlioldci- from 
 authorizing any person to hunt or shoot ducks or other 
 game, or to titdi within the bonndarics of his own land. 
 
 V. — Fisii. 
 
 No person shall poison any creek or water-course for the Mtl',J>i''''^'^''^'"^'^' 
 purpose of catching fish, or for any other i)urpose; and if,r'eUM'"' ^"' '"''*"""- 
 any person shall oifend herein, he shall be deemed guilty of 
 a misdemeanor, and on convictioji punished by fine or im- 
 prisonment. And iji case any slave shall be found guilty 
 of such offence, he shall be publicly whipped, at the discre- 
 tion of the Justice and freeholders, not exceeding thirtv- 
 nine lashes. 
 
 Any itcrson who shall take and carry away from any fish a. a.. i«2«. vi.im. 
 
 .' .1 . Slo!i1iii(;fi'i>m (isli ti!i|M 
 
 trap in the waters of this »State any fish caught an<l being '""'''''''"''■ 
 in said trap, with intent to defraud and deprive the owner 
 or owners of said trap of the said fish, shall be deemed 
 guilty of a misdemeanor, and on conviction thereof, by in- 
 dictment, shall be punished for said offence, by fine not 
 exceeding two hundred dollars, and imprisonment not ex- 
 ceeding six months. 
 
 It shall not be lawi'ul for any i)erson. at any time, to erect a. A..is2i.ix.r.ji. (■_'<•. 
 
 ■ ^ *^ Net Innfiil lofisli «il)i- 
 
 or keep uii any fish trap or other device for catcliinff fish, '"'*«';'> >"''''^"^ "''"'" 
 
 , . . O ' eroctnil liy ibo SUt4>. 
 
 or to fish with any nets or seine, within eiglity A-ards of any 
 dam erected by the order or at the expense of the State, 
 across any stream intended thereby to be made navigable, 
 in which dams there shall be left or constructed any sluice 
 for the j)assage of fish; and every person offending against •■''"*'•■' 
 this Act shall, for each and every offence, pay tlie sum of 
 twelve dollars, to l)e recovered l)efoi'e any Justice of tlie 
 Peace of the district whci-c the oficnce may liavc been com- 
 mitted, one half of which penalty slia!) go to the informer 
 and the other half to the use of tlic otate; and all /traps 
 and other devices for catciiing fish, erected or kept up in 
 violation of tliis Act, shall be deemed public nuisances, and 
 may be abated as such. 
 
 Any nerson wh<> shall be convicted by indictment, in the t.^J'^^.V ■•'^i'^ 
 
270 
 
 Court of Sessions, of ohstnictinp: fisli sluices in any of the 
 rivors of this State, shall j>ay a tine of one Inindreil dollai*s.* 
 
 \X._Fkx,-ks. 
 
 Duty of Planter to k\je]t u]* lawful Fciu-es. 
 
 How Fences are to he nnide. 
 
 penalties on the <»wner of animals hri'akiiiir in upon 
 
 lan<l lawfully enclosed. 
 J'enalty for injurintr animals when the Fent-e is not 
 
 according to law.. 
 I*enalty on a Slave for a like oifcnce. 
 
 A.A. i''!':. \i :i;'.i p. Kverv iilanter shall he hc)und to keen up a lawful fence 
 
 Duty <if I'lanItT lo keep ^ i ^ -i 
 
 up lawful r.iifx. around his cultivated grounds, except where some naviga- 
 
 ble stream or deeji water-course shall hi- a houndary of sut-h 
 cultivated grounds: in which case such navigaljle stream or 
 water-course shall he deemed a sufficient fence: Proridaf, 
 that helure he a\ails liimself of the ]ifo\isioiis of this Act. 
 he shall apply to a .Justice of the Peace of the district or 
 parish, wlio shall, tVom the names of seven freeholders of 
 the vicinage draw hy lot three, who shall \iew the })rem- 
 ises, and ]U'onounce u}K)n the sutticiency of the said water 
 as an enclosure, according to the true intent and meaning 
 of tlds Act. 
 
 n.. All fences closelv and stiMni;-lv made (»f rails, hoards or 
 
 "'="'••• jiosts, and'i'ails. or oi' an iMiihanknuMit oreartli ea[iped with 
 
 rails or tindjer of any sort, or li\e hedges of live feet in 
 
 height, measured from the level (U- surface of the earth. 
 
 shall he taken and dfcined lawful fences. 
 
 ivii;UiirHf..itiii!..wii.TH If any horses, mules, eattk', hogs, sheep or goats, shall 
 nlJn''i!m.i' irwfuny*''."' hreak into any field in which shall he growing or ungatli- 
 
 rliisnil. 
 
 ''Tliu free passage of fish up tlio several river*, in former times, recciveil 
 inucli of the uttuntion of the Lo^islature. For this i)urpipso. various Boards, witli 
 powers more or less striiif^eiit, were appointed for nearly all I lie rivers in the State. 
 In the fjrealer nnnilier of ini>tance» tlie ehanjjc.i tliat have been operated b}' lapse 
 of time, and tlie cultivation of the country, have rendered tlicso Boards useless, or 
 induecd the discontinuance of tiieiu. For the lej^isiaiion respectin;^ Lyndi's Creek, 
 see the Acts of 181:;, V, 700; 1841, XI, 102; 1S49, XI, 610; 1«.^2, XII, ]:>7. In 
 respeet to Caw-Caw Swamp, see 1811, XI, 1(51 ; and for Broad river and its tributn- 
 ries, see A. A., 17*^, VII, i>:il ; ISOS, V, 508; 1827, VI. :yO; 1S28, VI, ;{72; lSb\>, 
 XII, 786. 
 
271 
 
 ered any grain, cotton or vegetable production raised for * 
 market or domestic consnmi)tion, the said field being en- 
 closed Avitli a lawful fence, ns aforesaid, it shall be lawful 
 for the owner of such field to seize such horses, mules, 
 cattle, hogs, sheep or goats, and to keep them in confine- 
 ment until he shall have notified, within tweut\-four hours 
 after stich seizure, the owner, or his or her agent or over- 
 seer, who shall l)e bound to pay to the owner of such field 
 fifty cents per head for every horse or mule, and twenty-five 
 cents per head for every head of cattle, hogs, sheep or goats, 
 before he or she shall be entitled to have such horse, mule, 
 cattle, hogs, sheep or goats delivered up to him or her. 
 For the second breaking of the fields of the same person by 
 the horses, mules, cattle, hogs, sheep or goats of the same 
 owner, witliin one month after the first breaking and enter- 
 ing, the owner of such horses, mules, cattle, hogs, sheei» or 
 goats shall be liable to the persc)n injui'cd I'or all damages 
 which he or she may have sustained thereby, in addition to 
 the fine aforesaid, to be recovered by action of ti'es[tass in 
 the Court of Common Pleas; and in every such ease the 
 plaintiff shall be liable to his full costs if the verdict or 
 decree shall exceed four dollars; but if it should appear 
 that the fence enclosing such field is not a lawful fence, 
 then the verdict ^all be for the defendant. 
 
 If anv i>erson whose fields are not enclosed bv a lawful !''• ,•;■ , . . . 
 
 • i . I'ltialty f.>r iiijm iHK iMi- 
 
 fence shall kill, wound, maim, chase, W(U-ry, or in aiiy niaii- jj^i^l^^",!',','",,''//,^^ 
 ner injure any horses, mules, cattle, hogs, shcej* or goats 
 which shall be found in such field, whether cultivated or 
 not, or shall cause or procure the same to be done by any 
 other jjcrson, whether a slave or freeman, such jierson so 
 offiiuding shall be liable to an action of trespass, and tlie 
 plaintiff shall recover full satisfaction for the injury, witli 
 costs, if the verdict exceed four dollars. 
 
 If any slave shall kill, maim, wound or injure any horse. ,"',,J,/, ..„ „ .,,,,. f,„ 
 mule, cattle, hog, sheep or goat not belonging to his owner, '"'*"'''^^""' 
 in any cultivated or uncultivated field not enclosed by a 
 lawful fence, he or she shall be lialde to be ap])reliend«'d. 
 and on conviction by a magistrate and twd freeholders, 
 shall be punished by whipping not exceeding thirty-nine 
 lashes. 
 
ClI.M'TKK V. — Till. I'KOI'LK IN TllKlK PhIVATK TvKLATlONS. 
 
 I. — I'artnors. 
 II.— Parent and Cliild. 
 lII._lI„sbaiMl and Wife. 
 lV._liastards. 
 \\_Tlu- ;».K)r. 
 \'I. — Si'aiiirn. 
 VIL— Pilots. 
 
 {a.) — Mode of A]i|>oiiiiiiK'nt. 
 (A.) — Dutios. 
 N'lll. — .Master and Aitiircntico. 
 IX. — Powder Keceiver and Arsenal Keeper. 
 X. — Pliysicians and Aiiotliecaries. 
 XL — Koi^istration of Births, etc. 
 
 {<(.) — Appointment of and Duties of Re- 
 
 ifistrar. 
 {!).) — Duties of otlier Officers. 
 {(■.) — Misccllanoous. 
 XII. — Catawba Indians. 
 
 I. — Paht.nkks. 
 A. A. K'.c. \ii.-M. Where one or more of the i»artners are out of tlie Slate 
 
 lliiw t.i piiiii'i'il wlu-.f • 
 
 «i.Mi.t.-..M.i.|.;,itiiL-i-«. ,,,-c-annot be found, or ai'e as dormant partners unknown, it 
 shall be sufHcient for thi' ci'editor to serve the parties thai 
 reside or are found in the State, and such as are known, 
 sugg'estiui; in the declaration the absence of tliosi' not 
 served. 
 
 A. A. ivsT. vi.:.7H Limited iiartnersliiiJS may be formed lor the transaction 
 
 IjillliU'l) iKIlllHTlllipK ^ , . , . 
 
 """«'••'• of any business, except bankm«i^ and insurance, l)V obscrv- 
 
 im;' the followiiiij:: rules : 
 
 (V .litioim— ti.,r.iiii.«t There sliall be in siidi c<incerns one or more general 
 i..MiKeii.Tiii iinrtir.f. pjirtiiers aud one or more special partners. 
 
 '.'•• ., . ,. A special partnei- must eontrlliuic a certain specific sum 
 
 , S|>i-L'iiil partner imt li- 1 I l 
 
 ivMtrSj ''""'''''" ^<' ^^'^' ^^'"•l'^ "'" ^1'^' <^'<>inpim_v, and shall not l)e liable 
 bevoud the sum contribute(h 
 
273 
 
 Tlie persons coiiiposino^ the company must sii^n a written a mcmoian.itun of thr 
 
 ^ . apiprinont to be signcil 
 
 memorandum of their agreement, which shall contain the ''>'""• , 
 
 c5^ ' Its conteiifs. 
 
 following particulars: First. The names of all the part- „, 
 ners, distinguishing hetween the general partners and the 
 special partners, with their several places of residence. 
 Second. A description of the sort of business to be carried 
 on by the company. Third. A declaration of the name or 
 firm by which the. company shall be known. Fourth. 
 An averment that the special jMirtners have severally con- 
 tributed a specitied sum to the common stock. Fifth. The 
 date from which the partnership shall begin, and the pe- 
 riod when it shall close ; and this memorandum nmst be 
 signed in the presence of two witnesses. 
 
 An affidavit of at least one of the general partners shall ..f*,",*""^;*,;;!;,*;,*!;^!™*^ 
 at the same time be sworn to, deposing to the ftict tliat the ''"'"'""''""■' '"*'^""'^'- 
 matter stated in the memorandum of the amounts paid '*' 
 into the common stock by the special partners is strictly 
 true, and that such sums have been actually so i»aid in 
 cash. 
 
 The said memorandum and affidavit shall Tjc tiled in the I!'- _, , _ 
 
 Memnianniini and «IB- 
 
 office of the Clerk of the Court in that district in which,1"'t»" »"^"'"'*'^*' ""• 
 
 Clerk. 
 
 the business of the company is to be carried on. 
 
 The CUcrk aforesaid shall copy the memorandum and T..i,..rni.imi into, 
 affidavit in a book to be kept as a register for that j»urpose, 
 which shall be open to public inspection. And if the com- 
 pany carry on Inisiness in more districts than one, a tran- 
 scrijit from the entry in said 1)0ok shall be tiled in the office 
 of the Clerk of every district in which they have an estab- 
 lishment or place of business. 
 
 'J'he partnership shall not be considered as formed till j,,/'^^,"';^,'"^',,"';',,, s^. 
 the memorandum and affidavit aforesaid shall have been ;^;;j;f ;:;;';f *''"" '•^'■ 
 made and done, proved and recorded as above-mentioned. ,,, 
 And if any false statement be made in the memorandum 
 or the affidavit, it shall vitiate the ]»roceedings, and all the 
 }>arties to the agreement shall be deemed general ]tartner8, 
 and liable for all the debts of the com[»any. 
 18 
 
lb. 
 
 A. A- !(»*=. MI 
 
 274 
 
 b^^i^uHi.'iKT'"'"'^'"''''' ^^^ partners shall piiMish the terms of the partiiorsliip 
 once a week for six wcoks, imnu'diately after the tiliiiii: of 
 the nienioraiidnin and jilH(ln\ it :is afon-said, in one of tlio 
 newspapei*s of \]\v district wjiorc tluii- luisinoss is oarrii'd 
 on: an<l if there he no such newspa|>er. then in the nearest 
 newspaiter, and hy a notice jxysted at the <l()orof the conrt- 
 ihniBKion will vitMi" housG of tljB saniG district; and tor want of snch jmhlica- 
 A. A.. iKJT. vi..-):(>. tion or notice, the partnership shall he deeuied general. 
 
 prieit.Th affldnvij Tlic atHdavit of the printer filed w itli the Clerk of the 
 
 pnicif of publinitinn. . . , 
 
 district, shall \)o iiroot ot i>iililicatu>n. 
 II.. ' i 
 
 .Jm^\!T^!'Z^ .X. The general partners only shall he authorized to transact 
 ' '""*' '^ husiness and sign the partnersliiji name. 
 
 nhtp. 
 III. 
 
 '" "^ I'nrii;-!- p^very ivnewal or eontinnanoe of sm-h partnership, 1)0- 
 vond the time oriarinallx li.\e(l for its duration, shall he eer- 
 titied, proved and recorded, and an affidavit of a general 
 partner he made and tiled, and notice he given, in the 
 manner herein required, for its original formation : and 
 every such partnership which shall he otherwise renewed 
 or continued, shall ])e deemed a general partnership. 
 
 DiMolvcil liv 
 lionx. 
 
 it>ia- Every alteration which shall he made in the names of 
 the partners, in the nature of the husiness, oi- in the ca|>ital 
 or shares thereof, or in any other manner specified in the 
 original certificate, shall he deemed a dissolution of the 
 wh.n .i.-.ine.i K.niniiP''ii'tnership ; and every such i>artnersliip, which sliall in 
 any manner he carried on after such alteration shall have 
 heen made, shall he deemed a general partnershii\ unless 
 renewed as a limited partnersliij), according to the })ro- 
 visions of the last section. 
 
 p»rtlier8lii|i. 
 
 KuiiieH...ii «iii-fii.ii. The l)usiness of the partnership shall he conducted 
 
 under a firm, in which the name or names of the general 
 [tartner or partners only, shall he inserted, without the 
 addition of the word "company," or any other general 
 term; and if the name of any special partner shall he used 
 in such firm with his privity, he shall h<» deemed a u'eneral 
 partner. 
 
275 
 
 Suits in relation to tlio business of the partuersliip, shall ^"'f^- '" "i^-^-' "=>"«■«• 
 be brought and conducted bj- and against the general 
 partners, in the same manner as if there were no special 
 partners. 
 
 A special partner may, from time to time, examine into^p"'^'"" "'"•'i"''""" |'■"'• 
 the state and progress of the partnershii» concerns, and ,,, 
 may advise as to their management; but if he shall take 
 any active part in transacting the business of the partner- 
 ship, except as attorney, counsel or solicitoi*, he shall be 
 liable as a general partner. 
 
 The general i>artners shall be lial)le to acn-ount to each •'••nomi pintnn. t.. 
 other, and to the special partners, for the nuinagement of ^^^ 
 their concern, l)oth in law and equit}-, as other partners 
 now are by law. 
 
 Ever}' i)artner who shall be guilty of any fraud in the i'"":-'""""' f" f™"'' 
 aftairs of the partnership, shall be liable civilly, to the '•' 
 party injured, to the extent of his damages; and shall also 
 be liable to an indictment for a misdemeanor, punishable 
 by tine or imprisonment, or both, in the discretion of the 
 Court b}' wliich he shall be tried. 
 
 Every sale, assignment, or transfer of any of the pro])- CTtain tr.ni«f.i> %..i.i. 
 erty or effects of such partnership, made by such partner- "• 
 ship when insolvent, or in contemplation of insolvency, or 
 after, or in contemplation of the insolvency of any partner, 
 with the intent of giving a preference to any creditor of 
 such partnership or insolvent partner, over other creditors 
 of such partnership; and every judgment confessed, lien crmin jii.it'ii..iii.:i...i 
 
 '^ , . ./JO ^ ' HccnritiM void. 
 
 (treated, or security given by such partnership, under the 
 like circumstances and with the like intent, shall be void 
 as against the fnxlitors of such partnership. 
 
 Kvery such sale, assignment, or transier of any of tlie <•"'•>''-">'<'-» 
 
 propci'ty or effects of a general or special j>artner, made by ^^ 
 such general or special partner when insolvent, or in con- 
 templation of insolvency, or after, or in contemplation of 
 the insolvency of the partnership, with the intent of giving 
 to any creditor of his owji, or of the partnership, a prefer- 
 
lb. 
 
 27G 
 
 eiice over tlio crotlitors of the partiiersliip: ami everv judij:- 
 nu'iit conl'esst'd. lu'ii iToatod, or socuritv irivon, 1)V aiiv such 
 ]iartiior, uinlor tin- like fiivinnstaiK-t's and with the like 
 intoiit, sliall he vc)i«l as ajijainst the fivditoris of thr jiartiior- 
 shii'. 
 
 wh<-n M-wmi partmr Kvorv speclal i)artiu'r. who shall violate anv provision 
 
 in Iialilo. .II .1 
 
 „, of the two hist preccilini^ sections, or wlio sliall coiuur 
 
 in or assent to any sneh violation hv tlie partnership, 
 or hv any individual jtartner, shall he liahle as a general 
 jtartner. 
 
 inicii not inrinim n« In casc <»f the insolvencv or hankruptev of the partner- 
 creditor. •• . 
 jj^ ship, no special jtartner shall, under any eircunistanees, he 
 
 allowed to claim, as a creditor, until the claims of all the 
 
 other creditois ol" the partnership sliall he satisiied. 
 
 DiRwiiniion by acts iiy Xo dissolutifMi of sucli jKU't II cpshi 1 >, liv tlic acts of the 
 
 fiartnem. '■ ^ ' ' , 
 
 parties, shall take plaee previous to the time specified in 
 its forniation, or its renewal, until a notice of such disso- 
 lution shall have heen filed and recorded in the Clerk's 
 office in which the oriirinal agreement was recorded, and 
 j»uhlished for three months in two or more newspapers most 
 contiijuous to the place or places where such partnership 
 exists, and he posted on the door oi' the court-house of the 
 district in which the iiarinership may he located. 
 
 ciorkh of Court*- com- T\\i^' Clerk of the Coui't shall i-eceive for his services the 
 
 '|x-nmitioti. 
 
 same compensation now allowed hy law to the register of 
 mesne con\i'yaiici's, for similar sci"\ices. 
 
 N.im.-H of tiic firm to Froin aud aftei- the first day ol" diil\- next, everv mercan- 
 
 kcpt |HMt(H| Up. •' _ • _ _ • 
 
 tile partnership in this ^State, in addition to a jtroper or 
 consj)icu()U8 sigid)oard or plate, c-ontaining the name and 
 style of the firm, shall post up and keeji ]>osted up, in some 
 cons|(icuous ]tlace, at the husincss stand and stands of the 
 film, the given and siiname of each memher of the firm. 
 
 orffiturc for default. i • • /• i !■ Ia x* l ■ l l 11 
 
 under pain, in case of dehuilt, of l)eing sued and jiroceedi'd 
 a<rainst. at law or in ('(piity, without naming the indixidinil 
 meml>ers of the firm, and also of forfeiting and jiaying, 
 iiidividnallv and ea^-h. the sum of fifty dollars to any one 
 
277 
 
 who shall sue for the same, for caoh and every month they 
 shall make snch detanlt as aforesaid; and any [)erson (u* 
 persons who shall post up a phite or signhoard, represent- 
 mii; himself or themselves as beinii- nnited witli anotlici- or 
 others in partnership, under the addition of the Avord 
 "Company" or "Co.," or shall otherwise make snch rci)re- 
 sentation, when, in fact, such other or others are not united 
 with him or them in partnershij) as aforesaid, he and tliey 
 shall each he subject to forfeit and pay, as aforesaid, the 
 inontlily ])cnalty aforesaid; provided, that notliiui:: in tliis 
 section contained shall apply to the special partntM's of a 
 limited partnership. 
 
 Ko part of the sum which any special partner shall have, >opft';|';i"''*pit«i'<t"'-i< 
 
 I .7 11 to bo withurawn. 
 
 contributed to the capital stock, shall be withdrawn by 
 him, or paid, loaned or transferred to him as profits, di\ i- 
 dends, or otherwise, at any time during the continuance of 
 the partnership; but any partner may annually receive law- i''<cif«iii)i..wc.i. 
 ful interest on tlie sum so contributed by him, if the ])ay- 
 ment of such interest shall not reduce the original amount 
 of the capital alter j)ayment of all the del)ts of the part- 
 nership; and if, after the payment of such debts and inter- 
 est, any profits shall remain, he nui}^ receive his jioition 
 thereof. 
 
 Any creditor of a limited partnership may, at liis option, i,,,-^f7„"J bringM""*"^ 
 include in his suit against the same, the special partners 
 who nuiy become liable as general partners, by failing to 
 comply with the {»rovisions of this Act; and all the facts 
 necessary to atHrin or negative the liability of such sjieeial 
 partnei-s. may be given in evidence under the gem-ral issue; 
 and the failure of the i»laintitf to establish snch liability-, 
 shall not be cause of nonsuit. 
 
 The law rceogni/-ing the validity ot' limited jtartner- \ \ . 1^4.1. m.wa. 
 ships shall expire on the twentieth day of Deccndier, 
 eighteen hundred and seventy-seven, if not renewed. 
 
278 
 
 TT. — Parent and Child. 
 
 TIk' tUtliiT. wlutlu'i* witliiu aiio or of full auje, by dcotl in 
 his lifetinio or bv Ijis last will and testament, wbieb for 
 this purpose he is oonipetcnt to make, siijned bv him in 
 the presence of two or more credible witnesses, may 
 a]tj>oint a iruardian to his child, whether born in his life- 
 time ^>v postliumoMs. And a s^iiardian so appointed may 
 maintain an action of ravishment of ward or trespass 
 airiiinst ajiy ]H'rson that may wron«^fnlly take away or 
 detain the child, and the ilamatfes recovered in such action 
 shall cnnrc ti» the use and benefit of the child. 
 
 A ajuardian thus ap})ointed may take into his po.ssession 
 the real estate as well as the personal estate of sni-h child, 
 until the child shall arrive at full aire, or till the expiration 
 of the term for which he may have been ai)p()inted, and 
 may brini; all such actions as are comi»etent to a ii:uardian 
 in socage. Sec farther as to Guardians, Judges, Chrk «/' 
 Churt of Common Pleas, Court of Equity. 
 
 III. — !lrsi!ANl> AND AVlFK. 
 
 \. v.. ITU. n.os:. 11" ., nKirried woman should have any riuht or claim to 
 
 land, or be entitled to any other actit)n, she nuiy constituti' 
 an attorney under hand and seal to pi'osecute her claim. 
 X(»r shall tilt,' husband ha\c power to discontinue or release 
 the action without her voluntary consent, given in open 
 Court, and recorded in its })roceedings. Xor shall the plea 
 of coverture avail tlie defendant in such action. =•• 
 
 \. \.. is-ij. VI. ui::. .\() married woman shall be cntitleil, either at law or in 
 
 c(iuity, t(» the rights (»f a sole-trader, unless slu- shall give 
 
 •The pi)Ucy of ttiis law is very quegtionnble. No provision \» made for the cosU 
 of tlie suit, and it would be efninonlly unjust to luako flio liusibiuid liublo for the 
 cx|>c'n8c of a Kr"i"'iJ'«8'* a>-tion, insliKiiti"' pi'iliiips )>>• a meddlin);; attorney. In 
 tlie text it is left to the i-hoice of tlie utt-iriicy to .sue in the numu of the wile alone, 
 or of the huxbamt and wife. Hut to curry on u suit in the name of the party to bo 
 benctittcd, without his eonaent, is at variance with eouiniou sense. And if the iius- 
 hiind does consent, tlie whole niaehinery about an attorney is useless. The law, 
 however, has stood on the statute book so loiitr, that 1 have not ventured to omit it, 
 espeeially as it seems to have been intended in favor of married women who, in 
 many instances, are hardly treated liy the law. 
 
279 
 
 notice by a publication in a public newspaper for at least 
 
 one month, of her intention to trade as a sole-trader, which a. a., is-24. vi. 230. 
 
 notice shall include the name, place of residence, and 
 
 occupation or profession of her husl)and, to tlie intent that 
 
 the individual ii;ivino- notice may be better known. 
 
 And if there l)e no newspaper ])ul)lisliod in the district, A.A..is2a,vi.2i:!. 
 the notice shall be jiublished as Sheriff's sales are in such 
 case by attixinu' a copy to the door of the court-liouse, and 
 postiuij copies in two other conspicuous places of public 
 resort in the district. 
 
 Every nuirricd woman who is a sole-trader shall be liable a. a.. 1744. ni. 020. 
 to any suit or action that may be brought a_ij;ainst her for 
 any debt contracted as a sole-trader, and shall also have 
 full power and authority to sue for and recover from any 
 person whatsover all such debts as may have been con- 
 tracted with her as a sole-trader — naming her husband for 
 conformity. And all proceedings to Judgment or execu- 
 tion, by or against such married woman, being a sole- 
 trader, shall be as if she were sole and not under cover- 
 ture. 
 
 IV. — Ba.^tauds. 
 
 If any white woman be delivered of a bastard child, and ^-,)5v;'^o!' '''''**' ^''^ 
 shall at any time after the birth thereof give information ^f ^j;^''^'^'"^ '"'""■'"'- 
 the father before some Justice of the Peace of the district 
 or parish where she resides or where the child was born, it 
 shall l)e the duty of such Justice to issue a warrant to 
 apprehend and bring before him or some other Justice the 
 person so accused, who shall be oldiged to enter into a 
 recognizance witli two good and sufiicient sureties in the 
 penal sum of three hundred dollars, conditioned for the 
 annual payment of twenty-five dollars for the maintenance 
 of the child until the age of twelve years, and to save 
 harndess the said district or parish from tlie support of it. 
 
 And if such woman shitil not voluntarily gi\c such infor- n,. 
 
 ,-p. ,. ,*,' 11-11' Whrn the infominlitm 
 
 mation, tlie Justice, on com]>laiiit made that such cliild is !»«..« pvtgii.y tin- 
 likely to become a burthen to the jiarish, shall issue his 
 
280 
 
 warrant against tlie motlior. roquirin|j lier to be brounrbt 
 before liiru or the next Justice, and dorlare who is tlie 
 fatlier. And on her refusal, the .Iiistiee aforesaid sliall 
 conniiit lur to jail, nntil slie sliall declare the name of the 
 father, or pve security that the child shall not hccoiue 
 chargeahh' to th<' jtarish. 
 
 When iho imutive ^^''t iu ca«e the j)ntative father shall refuse to enter into 
 
 father rcfiiM-i Ut enliT „ • i. H l *^liiiii i i 
 
 rooognittincc. reco«rnizanco or to find security, he shall he hound over to 
 
 apjicar at the next Court of Sessions, to answer to the 
 charge of begetting a bastard < liild : and if coiivit ted. 
 judgment shall be given against him lor the aiiiount of the 
 recognizance and costs, and he shall be coinmitteii to jail 
 nntil he fully coniiilies witli the dcinands ot" iusticc in this 
 behalf, or is discharged on pi-oof ot" his nttn- iniiMlity to 
 comply. 
 
 .0!^; ^. •'.?,'•,?'• ■*■'"• ^"t though he be discharjjcd from imi>risonment, the 
 
 iKTJO, » I. 41 1. g'>. * *- * 
 
 Kxo<Mti..ri annually .ti-jijtijrnient sliall remain in ibrce, and execution mav be 
 enforced against him annually for the sum of twenty-live 
 dollars, until the whole sum of three hundred dollars and 
 tlie costs of suit be fully satisfied. 
 
 t^^^'2'!*r'Z.:i7!u^'^^' I^ ^1"^' birth be of t^vills, the i-ei-o^-nizance or |udi2:ment 
 shall be conditioned for the supjiort of both the bastards, 
 an<l for the payment oi" double the amounts re(|uiit'd in 
 the ease of a single child. 
 
 '»>••?•'■•.■. ,., If neither the father nor mother of a bastard child sliall 
 
 ComniiKHiiinorH of I'lxir 
 
 to ■upiM.rt rhiid wiKn|3(j y|)|^. ^() suititort tlic saiiic, tlic ( 'ommissioiiers of the 
 Poor, out of the funds of the Board, shall jtn»vi(le for its 
 nuiintenance till it is of an age to be bound luit. 
 
 A. A.. iR.Tn, VI. 4n. T\n^' monevs rcmainimi- due on aiiv recoirnizaiife iriven 
 
 Money iliio on roooKni- • ^^ . .*^ .-■ 
 
 ni'SiTonen.'"' '""'' ^'"""l<.)i' the maintenance of any illegitimate child at the time 
 such child sliall be bound to service, shall be ))aid to the 
 Commissioners oftlH- Wum for the l»enelit of the (-hild. 
 
281 
 
 V._The Poor. 
 
 For prevcntiiio; any poor persons eoniino; from the piii'isli j-;^^- v•j"J2■"•■'^■'•^■*■ 
 wlle^e tliey are inhabitants or settled, to be chargeable to j^^.^,;;:''i;Jf;;,*,;;';,/;;;"^^^^ 
 any other parish, and to prevent all disputes oonccrnino; '''••■■"•'' ""'"''='''"'"" 
 wliat shall be aceonnted a lawful settling, the law requires 
 that any person that hath been quietly and peaceably resi- 
 dent or settled in any parish, as a native, householder, 
 sojourner, a|»i>rentice ov servant, for the si)aee of twelve 
 months, shall l)e esteemed settlers or inhabitants in the 
 said jtarish: Provided, that such abiding and residing is not 
 })rivate, as sometimes in one house and sometimes in 
 another, nor by i-eason of sickness, lameness or the like, 
 nor being hired for a ])articular work for a time only, the 
 home or residence of such ])ei-son being in another ]tai"ish. 
 
 In case any jicrson shall remove from one i)arish to iVitinfl'L^Vautplr: 
 another, who it is feared may be chargeable to the parish, ^^/^J'Xrgeair'hc 
 upon complaint made to any of the Justices of the Peace, r;i^iJ,f"""'' •'•'''"''p- 
 by the Commissioners of the l^oor, at any time within 
 three months, that such person is like to l>e chargeable to 
 the parish, any one Justice of the Peace resident in that 
 }>arish where such person comes to inhal)it, and in case 
 there be no Justice of the Peace in that parish, then any 
 Justice of the Peace of that' county ma-y, by warrant, 
 remove and convey him to the parish where he was last 
 legally settled, as a native, householder, sojourner, ajtpren- 
 tice or servant for three months at least, unless he give 
 security, to be allowed by the said Justice for the discharge 
 of the ]iarish ; and if such- person sliall refuse to go, or 
 sball not remain in the place where be ouglit to be settled, 
 but shall f)f his own accord come l)ack to the place from 
 which he was removed, such ])erson so ot^ending, shall be 
 punished as a vagabond may be punished by any of thd 
 laws and statutes of this State; and if any Commissioner 
 or overseer of the jioor shall refuse to receive such person 
 so to be removed, and }»rovide for him as an inliabitant, 
 any Justice of the Peace may Itiiid them to the next ses- 
 sions, to be indicted for tlieir contempt. 
 
2^2 
 
 Ai*r.7'^'"''*^' ^" laino or impotent pei*son shall Ik- ltittu<rlit into tliis 
 
 iwICm "from ^tate, without security l)v the master of the vessel in whieli 
 
 '■'"'■" • he came, that lie shall not become charireahle to the parish, 
 
 unless he was before an inhabitant, or his impotence, lame- 
 ness or intirmity bcfd liini on tlio passaire. 
 
 AJu^r..!'''"''^^'*'' An<l if the master ol any vessel shall brinir any sitk. 
 •eim^n'Iomirc^o'''iheiii lanu' or maimed seamen intn this p<>rt. he shall maintain 
 and keejt them here, and when he tlejiarts this jiort, shall 
 carry them otf, or «jive snfiieient security to the Commis- 
 sioners of tlie Poor i\)V the maintenance and charL^e of the 
 sick as aforesaid ; and every master as aforesaid, that shall 
 oft'end herein, shall forfeit the sum of two hundred and 
 fifty dollars for the ust' of the poor, to be recovered as is 
 hereafter directed; and every person that shall entertain 
 any such lame or maimed seaman as aforesaid, without 
 the knowledi^e and consent of the Commissioners of the 
 Poor, or any tw«t of them, shall keejt and maintain liim or 
 them so entertaim'(l at their own pi-ojier costs and ehai\L:;es. 
 
 Proviio." Prodded, and it is hereby intended, that if the sick or 
 
 lame as aforesaid shall not be in a comlition to be carried 
 of}', without damper of their lives, of which the Commis- 
 sioners of the J*oor as aforesaid, (»r any two of them, are 
 judges, then the master of the said vessel, ami not other- 
 wise, shall jiay, or cause to be paid into the hands of the 
 Commissioners of the Poor, towards the nntintemmce and 
 support of such person as aforesaid, all the wa^^es that 
 shall l)e due to the said person and no mon-. anythiiiLf 
 lierein contained to the contrary notwithstandini;-. 
 
 The " Parish" in the foi'Ciroinu' clauses is to bi' under- 
 stood as Parish or District, an<l "this Port" shall be un- 
 derstood as "any Tort in lliis State." 
 
 For proceedinijs in ri'^ard to poor children, svv Coiuim'.s- 
 sw7}e)'S of the Poor. 
 
 A. A..1T12. n. .i»5.?r.. ^\i,(l whereas, it often ha)»i>eneth that noor ]>ersons that 
 
 '"rovi'i'oii'r.'r'''*'^"'' '"'"'11'^' f<i»'k, <h) remove from other parishes to Charlestown, in 
 
 ordei' t<^ have the assistance of physicians ami medicines 
 
283 
 
 proper for their recovery, and it maybe that such persons 
 cannot he sent back to their own parishes without endan- 
 gering tlieir lives, Be it enacted. That such person or i>cr- 
 sons coming to Charlestown, and being taken oaro of Ity 
 the overseers of the parish, a distinct account shall be 
 kept of such charges, and the overseers of the poor of 
 the ]tarish to whom the i^erson or persons so coming to 
 Charlestown doth belong, shall pay the same; and in case 
 of refusal ot the same, if- the sum denumded be under 
 twenty dollars, the same shall be recovered as in small and 
 mean causes is directed; and if above twenty dollars, shall 
 be sued for by the churchwardens or overseers of Cluirles- 
 town, by summary process against the overseers of the 
 poor of such other parish to whom such sick person did 
 belong, and if the}' recover the same, they shall be allowed 
 their double costs of suits. 
 
 Note. — This is the origin of the Appropriation for the 
 "Transient Poor of Charleston." 
 
 Any poor person who has been grieved, either in his^^^j- 'Y;j,J'Jf„'/^- ,,*J2" 
 person or estate, ui)on a proper representation made to a -■',.^J;;/,;,!';^.^f;„. („ f^^,,,., 
 Judge of Law or E(|uity, according to the cause of action, ''""'"''^"'• 
 may be admitted in the discretion of the Judge to sue 
 in forma pauperis, and when so admitted, shall be entitled 
 to all the process of the Court without paying anything; 
 and shall have an attorney assigned to hini to prepare the 
 pleadings and summon the witnesses, and have, if neces- 
 sary, commissioners to take depositions, and counsel to 
 argue liis case, and all. the ofhcers of the Court shall do 
 their duty in maintaining suc-h suit without any reward. 
 
 And the same rule shall hold when such poor ])erson is 
 defendant. And neither he, nor his attorne}' or eounsel, 
 shall be liable for any costs in case he shall fail in his 
 action (»r defence. 
 
 In this chai>ter, the word parish shall be understood in 
 the sense of the civil circumscri]»tion within which the 
 party has his settlement, whether county, district, or parish. 
 
284 
 
 W. — Skamkn'. 
 
 i7K3.tv/.%4i'. "' "■^^'' ^'^ tavern keeper, victualler, or lioardiiiuj-housc keeper, 
 
 xo*'^'!v,"nl' r! ,.»r i.-f^hall supply any soanian or mariner who is under shipping 
 
 !;;::'r^T;^:'';;n;i:;;artic•lc^s, with a'ny victuals (u- strong .Irink al...vo the value 
 
 »iK>vf t».. d..iiar^ value. ot two (loMars, oreutertaiu or employ hnn more tlian one 
 
 hour, without an order under the hand of the nnister or 
 
 eommander of the vessel to whith he helongs. Hut this 
 
 shall not I'xtend to seamen and mariners who liave heen 
 
 dis(har<ri'd. aii<l ai-e imi luidi-r articles any hmtji'r. 
 
 A A. nr.i.iii. 73C. ^:j. l''vcr\- master of a vesst'l. niton arri\inir in port, shall, on 
 
 Mmitcru to bivc rcrtlfl- • ' ."^ I ' 
 
 ' "IV/ fT"*'"""" "'■''""■" den nmd, deliver to everv nniriner inider his eomimnnh and 
 
 '•tiUtlol to one. ' • 
 
 who has served out his term, a eertitieate of his freedom; 
 and upon his refusal to do so, shall incur a pemilty of 
 twenty dollars: and in case (if his wi-ongful refusal, the 
 certificate nniy he <ri\n'n hy a dustice of tin- IV-ace. 
 
 sI'nm.Mi m.i i.. i„. .-m- N<^ niastcr of a ship or sliijiiiimr agent shall receive or 
 pioyci without -rtifl-^jii^^,^^^. ,^^^^. ^^..„„.,„ ^vithout such a certificate from the 
 
 master or comnnmder of the shiji in which the seaman last 
 sailed, under a jienalty of fifty dollars. 
 
 ii'..?r>. Anv deserter from the ship to which he is IxMnxl 1»\- 
 
 i.r.>iK-ii(k-<i. shipjiini; ai'ticles, may he ajipi'i'liendcd l>y any person who 
 
 knows him; and the jierson making tlu' arrest may call 
 any white person to his assistance, 
 
 '»•• ?"-^- Kverv iterson aiiin'ehcndinu; a tU'serter or fniiitive seannm 
 
 u.K.iicrH muKt !»• shall causc him to he hrouirht with all convenient sueed 
 
 brouglit licrtin- SI .luKlicc. • ' 
 
 before the next .histice of the Peace to he examined, and 
 if found to he a deserter, or without his discharge, hi' shall 
 be delivered to the charge of a constable and taken to the 
 vessel to which he hclongs, and delivered to the masti-r on 
 j»avmcnt of the c«)sts oi' his appri'licMsion and deli\t'ry as 
 follows: 
 
 ^.,.,.^ For apprehending a fugitive seanuin four dollars. 
 
 For taking him to the dustice five cents per mile. 
 
 To the Justice f\)r examination thirty cents. 
 
 For taking him to the ship, 
 * five cents jier mile, besides ferriage and diet. 
 
285 
 
 But if the master be not known, the deserter shall ho 
 delivered to the common jail oi- work house, tliere to he 
 kept till the master demand liim and pay the charges; but 
 if the charges be not paid within ten days, or the vessel be 
 gone from the State, it is lawful for the jailer or keeper of 
 the work house, to deliver such seaman to any other mas- 
 ter of a vessel who will pay the said reward and charges, 
 and the fees of the jail or work house, to be deducted out 
 of the setunan's future wages according to the established 
 rates. 
 
 No ferryman shall convey any seaman over his ferry, l\'.-f::- ,, , 
 who cannot produce a certificate of his discharge from hiS|,,,|;|'^^^'/,y/;;^'^!]^^^^^^^^^ 
 vessel, under a penalty of three dollars. ccrtimat.-. 
 
 oied. 
 
 r(^ct>vi'i' 
 
 The aforesaid charges, penalties and forfeitures shall be n... s i" 
 
 O ' i Sli;:litl.v iilt 
 
 recovered, when not more than twenty dollars, l)v the judo;- '■"•'^""li'itrx 
 
 ./ V .» Ci fines. 
 
 ment and warrant of a Justice of the Peace, as in causes 
 small and mean, and when more than twenty dollais, by 
 suit in the Court of Common IMeas ; and the tines shall be 
 applied, one half to the State and the other half to the 
 person that will sue for the same. 
 
 No person on sliipboaixl or on shore, shall i)resume to a. a. is;;c,. vi.r.riT. 
 harbor or secrete a seaman who, after siojninc; the sliii)i)in2:''<K"""""i=i«f""i 
 
 AA IS'!" VI "iiC 
 
 articles, has deserted from the shij) to which he belongs, sli^o.ll.v>lll.,...l. 
 whether the articles were signed iir this State or abroad, 
 and whether the voyage is to commence or has commenced 
 already, so long as any part of it renniins to be fulfilled; 
 nor inveigle, counsel, aid or [)rocure any such seanum to a. a..is.v2 \n.i7i,g.'. 
 desert; and any i)erson offending herein shall be held "'" -^ 
 guilty of a misdemeanor, iind upon trial and conviction. 
 })unished by fine and imprisonment not exceeding tlirec 
 hundred dollars fine and three months imprisonment: and l^■";•.^' '•"'"•",•,. 
 the [>erson so ofl'ending, if a tavern keeper or boarding- 
 house keeper, or retailer, upon a sc.ond conviction, in ad- 
 dition to such fine and im})i'isonment, shall forfeit Ills 
 license. 
 
 vXnd an\-. Justice of-the I'eace may i^rant a seiirch war- a. a. is.;(i. vi .w.ji. 
 rant to search anyplace or places suspected of concealing a '''■'"^'' *"'""" 
 
II.. J i 
 
 fugitive jseanian or <U'st'rtor. ni»on tlio oatli of the cai»t«ij» 
 of the vessfl. or any porscm on liis holialf. avorrinuf that lu> 
 bulic'ves, or lias reason t<^ l)eliove, tliat a seaman or a|n>ron- 
 tice belonging to his ship is hid or secreted there. 
 
 No kc'cpLT of a lioanlinir-lio'iso shall rot-ovcr fi'oni any 
 seaman a debt of more tlian one dollar; nor shall any 
 othi'r person recover of a seaman any larger sum lor any 
 debt contracted after the seaman has signed shipping arti- 
 cles, until the end of the voyage for which he has shipi»ed. 
 
 H'. •;••'■ No lioardinir-hou.sc keeper shall he allowed to stop or 
 
 detain for <U'ht the chest, bed or bedding, clothes, tools or 
 • aiiv other ett'ects of any seaman ; and in case of the 
 
 atti'mi>t to detain such projterty, it shall be the duty of 
 every Justice of the Peace, u}K)n complaint made to him, 
 to issue his warrant for the seizure of such etlects, and the 
 restoration and delivery of them to the seaman. 
 
 A. A. iK.',7. VI..S77.J2. In all trials respecting the harboring of seamen, the shij)- 
 
 Articlen of shippins;. <<r , , , . , . 
 
 Huornr..pi<-« ihcK-.r. ..1-pnit; articles, or a sworn cojiy on the oat li ot the captain, 
 before any Notary i ublic, or herore any Justice or the 
 Peace of this State, attesting the truth of the contents, 
 shall he admissible in evidence to prove that the seaman 
 whose name a[>pears subscribed thereto, did actually s^gn 
 the same. 
 
 A.A..1S02.XII i7i.?.r Nor sliall it be huvt"ul tor any keeper of a lioardiiig- 
 
 C<mt<eiit of miuttiT of, i • i • i • i 
 
 v.-HHC'i r<-.|iiir«i i>.f.iio housc or iiis em})loyer, or any one m Jns employ, or any 
 ship broker, sliij>[»ing master, or otlier jjcrson engaged in 
 the business of j»roi'Ui'ing seamen for vessels, or furnishing 
 vessels with seamen, or making tontracts toi- the sei"\iee ot 
 seamen, to enter or attempt to go on boaril of any vessel 
 lying in any port or water in this State, without the per- 
 mission tirst had and (d»tained of the master or person in 
 command of such vessel; and any jterson ottending herein, 
 shall be deemed guilty of a misdemeanor, and on convic- 
 tion, punished l)y line and imprisonment not ext-eeding 
 three liiiiidrcd dollars tine and {\\vvi- iii(»nths imiirisonnu'iit. 
 
 ^^■■i-i- And it shall l)e law tul lor i'\cr\- master or other i>erson 
 
 I'owor <if iiiM-itcr to nr- _ " _ * _ 
 
 • .Ht intni.i.r. haviiig coiHiiiand of a vessel lying in any [tort or watcM" of 
 
287 
 
 this State, to arrest and take het'ore a Justice of tlie Peace 
 for eoniniitnicnt, any boarding-house keeper or other per- 
 son connected with the business of procuring seamen for 
 vessels, or farnisliing vessels with seamen, or making con- 
 tracts between masters and seamen, who may presume to 
 come on board or attempt to come on board his vessel with- 
 out his ox[)rc'ss loavo and sanction. 
 
 And in all trials lor unlawfully entering or attempting to j,';;/aen „f ,,r„„f „„ ,„.. 
 go on board a vessel, the burden of proof shall I'cst on the '"'""'• 
 accused to show that, previously to the act of entering or 
 attempting to go on board the vessel, he had leave and 
 permission from the cajttain or person in command of such 
 vessel so to do. And in default of such proof, every board- 
 ing-house keeper and person connected with the business 
 of procuring seamen as aforesaid, who has entered or at- a 
 
 tempted to go on l)oard any vessel lying in any port or 
 water in this State, shall be Judicially held to have done so 
 without leave, and convicted accordingly. 
 
 To ship a seaman as-ainst his will, or anv attempt to do i,-^-.}^^^- -FV^- 
 
 i ~ 7^1 Dtmtiitiiin of Ki(liia)i- 
 
 so, shall be deemed kidna}>ping; and the same or any ''"'«• 
 attem[)t tliereto, shall, on conviction of the party ottend- 
 ing, be punished by line and imprisonment at the discre- 
 tion of the C-ourt. 
 
 In all prosecutions for harborinor deserters, or for intrud- A.A..is.-,2.xn,i72.?i. 
 
 ^ . , » ' lsr>5. XII 4(12. 
 
 mg or attempting to intrude into a vessel, without leave •''"•''"' '" "'J"' «k 
 
 ^ ^ ~ ' mss l'> ajipeJir before tnr 
 
 from the person havino; authoritv to orrant such leave, or for •"""""" "'■''"'"' """''•' 
 
 i o ./ O 7 to iU-iuKi;'!. 
 
 kidnapping seamen, the .Justice having cognizance of the 
 comi)laint, upon five days notice to the accused, may cause 
 the master of the vessel, or any transient witness, to be 
 examined before a Judge of the Court of Sessions or the 
 Recorder of tlie C\ty of ('harleston, with liberty of cross- 
 examination to the accused, and the Judge or Jiecorder 
 shall take down the evidence in the presence of both par- 
 ties, if thfcy will attend, and tlie evidence so taken, certi- 
 fied under the hand of the Judge or Recorder, sliall be 
 admitted at the trial of the case, saving to the accuse<l the 
 right to the personal examination of the witiiesM, if within 
 reach of tin- Court. 
 
288 
 A.A.i«^.xii.402.j.!. j'\^(, (leteiid.iiits in ;ill cases aiisiii<r niuler the laws in 
 
 Ki(thl uf traverw taken • 
 
 ""■*• relation to kidiiaiiitinic and liarltoriiiii" seamen, sliall be 
 
 dej>i-i\fd of the hriietit ol" traviTsi- (»r the rii^ht ot" et)ntinu- 
 iniT without eanse shown at thi' term ot" tlie Court when 
 indictment is found. 
 
 NIL — I'lLUT-S. 
 
 (rt.) — Mode oi' Ajijiointment. 
 (/a)— Duties. 
 
 {(1.) — Mode (if A/>j>(i!ii/iii<n(. 
 
 A A 17M.VI1.98.H 71, ^. Commissioners of l'ilota«,a' for tiie liarhor of 
 ('harK'>ton are appointe*! h\ the City Council of Charh's- 
 ton. unik'i' the autlioritv of thi- fiuirtli section of their cliai'- 
 ter. 
 
 A.A. 17R4.1V, 597. Comiiiissioners of IMhitaffc were api)ointe(l l)v the Gene- 
 
 ral Assembly for tlie l)ai' and liarbor of Geortfetown. 
 
 A. A. i7S4.iv.r,2i. Commiy.sioners of rik)taife were aitpointed for tlie bar 
 
 and harlioi- of IJeaufort. Tort IJoyal. 
 
 cimrieston City or.ii- Pilots for tlic bar and harbur of Charleston ai'e ai)- 
 
 imnccR. ((I.IS^. I'.tr.. ' 
 
 I'iiois. how appoiiit-.i. p,,inted by the Commissioners of Pilotauv. It is their duty 
 to eiKjuire strictly into the (jualiticatitm.- of the camlidates, 
 and bcfiuv admittinij; lliem. tlii-y shall cause llu'm to In- 
 examined by a eommittee of three nautical men, and with- 
 out the eertiticate of iheii- competency from such eommit- 
 tee, no person shall be ajiiiointed. 
 
 I''-, ,,..., ,. The Commissioners of i'ilotaiic accordin<r to their dis- 
 
 Kull and linnti'u li- ~ • 
 
 '■"""'"'• eretion, may ijrant a full or a limited lii-ense. A full license 
 
 entitles the hoblcr to pilot vessels of any drai't of water 
 over the l)ai- and harbor of Charleston; a limited license is 
 coniined to vessels drawing not more than twelve feet. 
 
 T'- "When a Pilot is apjiointed by the Commissioners, he 
 
 receives from them a eertitit-ate, and on pi-esenting his cer- 
 
289 
 
 tificate, takes tlic oatli hereinafter contained, before the 
 Mayor, and gives a bond to the City, witli two sureties 
 approved by the City Treasurer, a full Pilot in the sum of 
 one thousand dollars, and a limited Pilot in five hundred 
 dollars, conditioned for the faithful ]>erformnnce of his 
 duty: 
 
 "I, A B, do solemnlv swear (or affirm) that I will well ^"v oniiimme. a. 
 
 ' . IS.V.t. 
 
 and faithfully, and according to the best of my skill and I'licts oatii. 
 knowledge, execute and discharge the business and duty of 
 a licensed l*ilot for the bar and harbor of Charleston, and 
 that I will, at all times, wind, weather and health i)ermit- 
 ting, use my best endeavors to repair on board all ships * 
 
 and vessels that I shall see and conceive to be bound for, or 
 coming into, or going out of the port or harbor of Charles- 
 ton, unless 1 am well assured that some other licensed ]*ilot 
 is then on board the same. And I do further swear (or 
 aflirm) that I will from time to time, and at all times, make 
 the best despatch in my power to convey safely over the 
 bar of Charleston every vessel committed to my care, in 
 coming in or going out, and that I will from time to time, 
 and at all times, truly observe, follow and fulfil to the best 
 of my skill, ability and knowledge, all such orders and 
 directions as I shall or may receive from the Commission- 
 ers of I'ilotage, relative to all matters and things that may 
 appertain to the duties of a Pilot. And further, that I will 
 not at the same time be owner, part owner, nor be inte- 
 rested, directly or indirectly, in more than two boats 
 employed in the business of the pilotage of the bar and 
 harl)or of Charleston. tSo help me God." 
 
 It is their business to look out for and reitair on board a. a.^^j. ui -> 
 and take care ot and discharge the place and trusts of 
 Pilots on board every ship or vessel coming into the port of 
 Charleston. 
 
 And any vessel refusing to take a IMlot. shall bo iijible, n-. «;• 
 ncvei'theless, tor tlie tull iiijotage to the first Pilot that ten-«p""'- 
 dered his service. 
 
 \(» person but one commissioned as a regular Pilot, sliall ]},'-i['- 
 itie 
 11> 
 
 l>e entitled to pay tor bringing a ship oxer the bar. i..nbniire<(iv..p«,. 
 
290 
 
 wiio iliii.k- r..r piu-tage. The securitics of tlic vosscl slmll 1)0 liablo for tlio pilot- 
 age. 
 
 nnt.v% fiiou I.. |,ro- I^ilots aiv uiidor obligation to keep a siiiticieiii nuiubor 
 "'••''""'" of good (k'cki'd Itoats, well tilled with substantial tackle, 
 
 rigging and ajtpaivl tor the sea; also, noi-essarv and [)ro})er 
 canoes, tit to row out to sea w'hen the weather is calm, and 
 unfit for the decked boats, which di'cked boats, and also 
 the canoes, shall be manned with one good and able boat- 
 man besides the Pilot and appretitiec or servant. And one 
 of the decked boats or one of the canoes sliall constantly 
 attend at fSuUivan's island, and shall with a Pilot on board 
 every day go over the bar on pur}»ose to discover and go on 
 board any ship or vessel bound for the port ol" Charleston, 
 whenever wind and weatlicr will permit. 
 
 '•'•J'"- ... It shall be the duty of the Pilot, after bringing the ship 
 
 Ti) (five a««ii«laiicf iii *' ' O o x 
 
 """"'"'- to anchor, to moor, or give the best advice in his power 
 
 how to moor or secure her. 
 
 11' /4 If any ship is daniaij:ed by the default or neicliii'ence, or 
 
 I'iU.t liHl-l.-f.-rcIiimapj.'!. , , , -in-, 1 11 
 
 want of knowledge ot the 1 ilot, the master or owner shall 
 recover against the Pilot for his default. 
 
 A.A..is;i2 VI. 47:1.^8. Anv I'ilot who shall anchor a vessel in a lorbidiK'H spot, 
 
 IViiultv on I'ilot for ' . , ,. . , , , . 
 
 aiiiiiorin;: in f..ri.i.id»'n m violatiou ot tlic dircctious or the persons havniij author- 
 ity to direct the same, shall forfeit and pay the sum of five 
 hundred dollars and costs, and be deprived of his branch as 
 Pilot. 
 
 A.A. isu. xi.;ws. All brancli Pilots of the bai' and iiarboi- of Charleston, 
 
 Kxcni|it IVdUi .liir.v . • , i • i i- i i , ,• -i • , ,1 1 
 
 utv. lurnisned witli a license l»y llu' ( ily ( oiiiicil ot ( liarlest»»n, 
 
 shall be exempt iVcuii the }»err()nnaiici' of Jury <luty. 
 
 \'lll. — Master ani» Apimikntice. 
 v. A. 174 1. in -.u. An infant nuiv bind himself, with the consent of his 
 
 All inrniit limy uintl •■ 
 
 i.imm.if witiiconm-ntof f.^lier, or if lic be dead, of his mother, to serve as an Ap- 
 
 l.itner or iimtluT. ' ' I 
 
 prentice to any employment, art or mysteiy, wliatsiu'ver. 
 
 Or Ciiiiiriliun. 
 
 If the father and niothei" be dead, the child may bind 
 himself to serve as an Apprentice to learn any trade or 
 
201 
 
 employment, with the consent of his g-nai'dian and the 
 approbation of a Master in Equity. 
 
 If the chikl has no i\xther, mother or guardian, the inden- .Vii.j^u; ,,iton.,i. 
 ture must be executed by liim with the consent of liis wifoT/SYpimnikM- 
 grandfather or grandmother, brother or sister of full age, if iJllanila,?'*'"''' "'""""" 
 there be any, and with the approl)ation of one or more of 
 the Commissioners of the Poor for the parish or district 
 where the person to whom he is l)oniid resides. 
 
 And the intant shall be bound as effectually to serve for iV,-^- V*^^V■'•^I■'^! 
 the time specified as if he had been of full age at the time ;";|;/;:;;;;;|^iV;,"r '"'""'■''''' 
 of executing such indenture : J^rorn/af, that the indenture 
 be executed as hereinafter directed, and that it shall not 
 oblige any male apprentice to serve beyond the age of one 
 and twenty, or a female beyond the age of eighteen years. 
 
 Every indenture must be executed in the presence of a V'- J'T^on vi ... *..- 
 
 •/ * A. A.. IHui*. A 1. oZ. g 4^t 
 
 Justice of the Peace of the parish or district in which the,,,|;';j''i;;,'i!;j:^j*,';,tV;j'''- 
 Master resides ; and the consent of the necessary party 
 must be expressed in the deed of indenture, and acknowl- 
 edged by the signature of said party, and witnessed and 
 certified by a Justice of the Peace of the same district or 
 parish. 
 
 And any person ma^' take one or more Apprentices to a.a..i74o, nr.iu. ?:;. 
 
 , . , , 111* I'orsonH mnv (•■.•icli ■'if 
 
 learn any art or employment whatever, and keep the Ap- m- moro Ap|.mitir,«. 
 prentice in his service till the expiration of the time limited 
 m the indenture, or till he be lawfully discharged. 
 
 The Master of such Apprentice, upon cause shown and a.a!. mo. xi.aa. f-j;. 
 approved by a)iy two Justices of tlie^Peace of the same,Jnod.""'""""'' '"' "" 
 district or parish, may assign the indenture to any other 
 Master of the same calling ; which assignment shall be 
 valid between the parties and the Assignee and Ai»[»rentice 
 mutually bound to each other. 
 
 And if the Master should die in the uncxjiired time of M. mo. iii. .vts. 
 tlie indenture, it may be assigned by the executors and mmVT!*" "^ ''*""' '" 
 .administrators, with the assent und approl)ation of any two 
 .histices of the Peace, to some other ]iorson carrying on tlie 
 
292 
 
 same business; or if tliev carry on the same business, re- 
 tained as assets of the testator — the said executi)rs and the 
 Aintrentice being tliereby mutually bound to each other. 
 
 a!"a.!ik39. xi,32.?25: Aud III case of eonqihiints of ill usage or luist'onduct 
 ^^Sn)piafnf,how8etti<'i.hetween Master and Ai»i)rentiee, it sliall be lawful for two 
 judicial Magistrates in Charleston oi- any two Justices of 
 tlie Peace in any other district to make such an order and 
 give such relict as the Justice and e(juity of the case may 
 re([uire. Saving to cither |»;irty the right to ai»j»eal to 
 an Associate Judge of the C\nirt of Common IMeas, who 
 may, ui»on hearing whatever nuiy be urged on either side, 
 discharge or rei>rimand the Master, or cause the Apprentice 
 to he corrected. 
 
 *enorai1^ie!'^^'^'' -^.ny pcrsou sued on account of anything done in ]>ursu- 
 ance of this Act, nuiy plead the General Issue and give the 
 special matter in evidence. 
 
 A. A.. 1830. VI. 410 ij„t ti,^, consent of tlie i»arent or next friend of an infant 
 
 Coniiiiitwionero of tlio * 
 
 coor to bind out iiiegiii- jj>. .^ coiuHtiou to tlic Ici^aiitv of liis iudcnturc, shall not 
 
 niiite and pauper cliil- ^ n ./ 
 
 ^"■^n- 'ipplv to the case of children of paupers or illegitinuite 
 
 childi'cn. And the Commissioners of the Poor in the sev- 
 eral districts arc authorized and recpiircd to hind out to 
 service all children that are cliai"gcable oi" likely to become 
 chargeable on the parish, aiid all illegitimate childien who 
 are living in idleness or likely to be contaminated by the 
 evil example of tlie motlier or other person having the 
 charge or control of sucli children. 
 
 IX. — PoWDiiji Receiver anu Arskn.vl Kkepeu. 
 
 A. A.. 1791. V, 238. 
 Term of Office. 
 
 No ]»erson elected to the office of I'owder liei'civcr and 
 Arscmd Keeper lor Charleston oi- Ahheville shall continue 
 in otHce longer than four years, unless he be re-elected to 
 the same by the Legislature. 
 
 ()tii.<. Kim:i not iMa.i- ^<^ pcrsoii a])pointed to the office of I'owdcr liccciver and 
 miniHttmi by deputy. Arscual Kee[)er at any magazine of this State shall be per- 
 mitted to administer the office by deputy, unless in case of 
 sickness. 
 
293 
 The Senator and members of the Ilon.se of Reiiresen- l}'- p- , ., , . 
 
 A JUMiilxM-s CI the Lcgis- 
 
 tatives from Abbeville shall be Commissioners to exam-);""'"''. *^""" Ai.iK'viiie. 
 
 C OniiiiissiniKMs to exam- 
 ine and inspect the state of the nian-azincs and quality i"V,'/j!;I.j;\';;7,*,;,^^^^^^^^ 
 of arms, powder and other stores tliat may be deposited in ■^'''"^^^'"'^^c. n. 
 the store and nnigazines at Abbeville (\)urt House: and 
 they shall from time to time make a Ke[)ort to tlie (Jovernor 
 on the state and condition of the jtowder and stores, and 
 also annually to the Legislature at their iS\)vember session. 
 
 The salarv of the Powder Receiver and Arsenal Keeitor J,''; . 
 at Charleston shall lie two hundred and tifty dollars, and of 
 the Powder Receiver and Arsenal Keeper at Abbeville, one 
 hundred and tifty dollars. 
 
 The Powder Receiver and Arsenal Keeper in Charleslon ^''-'-^^w- 
 
 ^ Scrurity to be giv.'i . 
 
 shall, before he enters on the duties of his ofhce, give secu- 
 rity to the satisfaction of the Governor, in the sum of live 
 hundred pounds. And the Powder Receiver and Arsenal 
 Store Keeper in Abbeville, in the sum of two hundred and 
 fifty poimds, for the faithful performance of his duties. 
 
 X. — Physicians and Apothecahies. 
 
 No person shall be qualified to practice physic or surgery a. a., isn, vi. es; 
 without a diploma from a regularly organized Medical :!4<t" 
 
 y-, ,, ' Qiiiilifiratioiis of iirac- 
 
 Collesre. iitionei». 
 
 No action shall be sustained for medical services l)y any a. a., isi-, vi. («: 
 person wiio has not graduated and received a diploma. wt. 
 from the Medical College of South (^arolina or some other i.rac'titioners may Husiiiin 
 
 II . i-\rN'i/^n • 1 TT • 1 L< action for mediciil ^or- 
 
 regularly organized Medical College m the L nited States, vices. 
 All securities for the payment of monc}', in which the con- 
 sideration consists of medical services renderiMl by an 
 un(pialified person, shall be null and void. 
 
 The Medical College of the State of South Carolina A.A..im vi.w. 
 
 ~ ^ , l.iriMidcs to A)>otlii'ra- 
 
 ."^hall liave power and authoritv to ii-rant licenses to Aiiothe-''"'" '"';>•';;• k'""!;"'' '•> 
 
 ' ., .-> 1 MiMliral ColU-iiu "I Male 
 
 caries to vend drugs and medicini's, and to charge ibr such "''•"*"""' ^'"'■"''""• 
 license a fee of five dollars. 
 
 Practitioners of the Potaiiic or Thompsonian system of ,v,,;.Vui!i!e','^^iiiru.. 
 me(licine, who are graduates of a legally orgaiuzcil !'^X,,;'',,,iI]/''",',l^^^^^^^^^ 
 
 mi • /"111 1 x: ii „. I 1 «.! „ tiTiivcr f<H.'« f.>r tlicir 
 
 ihoinpsoniaii College and confine tliemseives to tlie „.„!„«. 
 
204 
 
 Tlionqtsonian prac-titc- oiilv. iiiav sue fur and recover a 
 reasonable conqtensatioii lor tluir yerviecs. 
 
 A. A.. 1S51, XII. i>. Plivsieians called at an "uuiuest bv tbe Coroner or Mai^is- 
 
 Fet'S nllowcd to I'li.Vdi- *i i t i • i * 
 
 ciiinB for Bt-rvices at c*.ro- trate lioldiuij tlic iiKiiiest, to nuike a iiost-morteni exani- 
 Illation, sliall be entitled to tbe following fees, viz: 
 Wliere deatb bas resulted from external violence 
 
 and no dissection is required $10 00 
 
 Wbere dissection is necessai-y and interment lias 
 
 not taken place 20 00 
 
 Wbere dissection is ncfcssarv after one or more 
 
 days interment 30 00 
 
 Wbere dissection is necessary and any cbemical 
 
 analysis is required, not exceed in g <>0 00 
 
 and tbe expenses of tbe analysis, and tbe mileage usually 
 cbarged in tbe neigbborbood for all distances over cue 
 mile. 
 
 lb. J^ioridcd, tbat in all cases wbere a cbemical analysis is 
 
 bo cti Hfierbf Coroner "iatle, thc pbysiclau witb bis bill sliall furnisb to tbe Legis- 
 lature a full statement of sucb analysis; and tbat every bill 
 for a post-mortem examination sliall bave tbe certificate of 
 tbe Magistrate or Coroner tbat tbe services were rendered. 
 
 XL — Reoistuak of Births, Marriagks and Deaths. 
 
 (a.) — Appointment of and Duties of liogistrar. 
 (/;.)_] )„ti(..s of otber Officers. 
 
 {<■.) — Miscellaiu'ous. 
 
 {a.) — Ai>i)(>(iiliiii III of aiiil JJntics of Registrar. 
 A..\..i^:.s.xii.72<!.i;7. Tlic Govcmor sball appoint a Registrar, under wbose 
 
 A|>|i<>iiitiiient of iiiul . i i i -i i i i 
 
 Hiitif, of KuKiHtnu. order tbe necessary registry l)ianks and l)ooks, togctber 
 witb sucb printed instructions as be ma}' deem proper, 
 shall be prepared and furnisbed at tbe expense of tbe 
 State to tbe different Tax Collectors. It sball be tbe duty 
 of tbe ]\egistiar also to receive from tbe res[>ective offices 
 of tbe Comptroller-(ieiu'iaI in Cbarieston and Columbia 
 tbe returns of tbe Tax Collectors, and to })repare a iviiort 
 tberefrom, containing tabular statements wbicb sball sbow 
 
 Mayistrato. 
 
295 
 
 in a condensed form the information required to be pre- 
 served, keeping the statistics of each district separate, 
 together with practical observations upon said tal)les, and 
 to cause one thousand co[)ies of said rei>ort to l)e [>rinted 
 in pamphlet form, on or before the fourtli Monday in 
 Novcmljer in every year, tiling a copy in each office of the 
 Con^jtroUer, and delivering to each Tax Collector a copy 
 also. 
 
 It sliall l)e the duty of the Registrar also to return the i'^-?»- 
 registry books to the Comptroller after said rciftort is 
 l)rinted, and the Comptroller shall liave those of each year 
 bound together in volumes to be preserved thereafter in 
 his office for further reference. 
 
 The salary of tlie Registrar shall be live hundred dollars n^-gs- 
 per annum for the services of himself and such clerks as 
 he may iind necessary. 
 
 (h.) — Dffiics of other Officers. 
 
 It sliall be the duty of all Justices of the Peace, Clergy- Duiy^f MagiHirute^. 
 men and others, who perlbrm marriage ceremony in South 
 Carolina, to keep a registr}- of all marriages celebrated by 
 them, together with date, names, ages, residence and nativ- 
 ity of parties. 
 
 It shall be the dutv of all Thysicians and ^lidwives to I*'-;?^;,,, .. , 
 
 t' t/ Duty of PliymcmiiH and 
 
 keep a registry of all births and deaths at which the}- have M'<i«ivts. 
 attended professionally, which registr}' shall show, in case 
 of white births, the time and place, names and residence of 
 parents, sex and name of child (if it have the latter), and 
 whether born alive or dead ; in case of deaths of whites, the 
 date, place and cause of death, name, age, sex, whether 
 single or married, occu})ation, residence and nativity of the 
 deceased, A\ith names and surnames of parents; in case of 
 births (Old (UatJta of sbu'c.s the same items, together with the 
 name of the owner, instead of name of the deceased and 
 the name of parents. 
 
 It shall be the dutv of all Phvsicians, Clergymen and ]}'i^. 
 Midwivcs to deliver to the Tax Collector of tlie district i n *"••«>"»'•"■ 
 
2i)G 
 
 wliicli siuli births occur, wliilo lie is cDllectiiiir taxes in 
 everv year, the said rciristries. or copies of them, emlMae- 
 ing the period of one year, (•iidins.'" <>n thi- thirty-fn>t day of 
 December j (receding. 
 
 I 'I'itl of Tax a.iiecton.. ^^ sliall bc the (bjtv of cacli Tax Collectt)r, \vhile atti'iid- 
 iiig to the other business of his oftice, to ascertain. nnnd>er' 
 and record, in the order in which they are received (in 
 bhink l>ooks to be furnished him for that jturpose), all the 
 i)irths. marriages and deatlis wliich liave occurred in the 
 district during the year preceding the iii*st day of Jaiinary 
 previous, with all tlie items as inserted in the registries 
 above nruiied. lie shall make strict in(|niry of indiviilnals 
 and heads (tf families, and also maki' use of the registries 
 ol" I'liysicians above named, in order to obtain the correct 
 inionuation and eomi)lete liis lists; after com]'Ii'tion of 
 said lists, the Tax Collector sliall make out and attat'h 
 thereto a complete alphabetical index of the same, and he 
 shall return, on oath, the books containing said records 
 and index to the Comjitroller-General at the time when he 
 makes his general tax returns. 
 
 '!'■•?*• The Tax Collectors shall be entitled to retain, out of the 
 
 taxes collected by them, live cents for collecting, recording 
 and indexing a complete retui'n of eai-li birth, death and 
 marriage, required by this Act. 
 
 I'enlitj f..r rcfuBdi. Ally citizcH rcfusiiig to give the necessary information, 
 and any Tax Collector, C-lergyman, Physician, dustice of 
 the Peace or Midwife refusing to comjily with the recjiii- 
 sitions of this Act, shall be fined for each oftence ten dol- 
 lars, which line shall be recovered by any person who shall 
 sue before a Justice of the Peace for the same, one half 
 thereof to the use of the said coniiilainaiil ami tlic otlu'r 
 half to the State. 
 
 ,'.''".V*'', tr- A (biJN- certitied eopv of anv return of birili, death or 
 
 ]^!aZc^.^''' ""''^''''"''^ marriage, given by the Comi.troller or his deputy, shall 
 
 hereafter be admitted and received in all Courts of this 
 
 State as prima facie evidence of any such birth, deatii or 
 
 marriage recorded or so certified. 
 
 For Fee, sec Act. 
 
297 
 
 Chap. VII. — The People in teieir Corporate Relations. 
 
 I. — Corporations, ]Sfunici})al. 
 II. — Railroads. 
 III.— Banks. 
 
 r\". — Insurance Companies. 
 V. — Joint-Stock Companies. 
 VI.' — Charleston. 
 yiI._Bcaufort. 
 VIII. — Georgetown. 
 IX. — Camden. 
 X. — Columbia. 
 XL— Cheraw. 
 
 I. — Corporations, Municipal. 
 
 All Towns or Villages incorporated, shall cnjo}' the [)rivi- 
 leges and incur the responsibilities hereinafter enumerated 
 as conditions of all municipal charters hereafter granted, 
 and the acceptance of a renewal shall be deemed virtually 
 an assent to the modification of the former charter as far 
 as the same was silent on the point or at variance herewith. 
 
 The corporate body shall consist of all the inhabitants 
 who are citizens of the State and residents in the t(.)wn or 
 village. ^ 
 
 Residence implies the election of an individual or the 
 head of a family to live in a given place with the intention 
 of remaining. 
 
 The Corporation shall be governed by an Tntendant and 
 Wardens, annually elected by the inhabitants (pialificd to 
 vote for members of the General Assembly, and resident 
 in the town or village for the last six months prece<ling 
 the election. 
 
 The charter-day or time of hohling such election, when 
 not otherwise directed, shall be the first Monday of March 
 in every year, and ten davs )»reviou8 notice shall be given. 
 
, 21«8 
 
 Tlu' numlter ol" Wjinlcns, wlien not otlierwise dircH'tinl. 
 shall he four. 
 
 The Corporation sliall Imvo a Conunon Seal, a Clerk and 
 Treasnrer. ami keep a Ixxtk in wliieli notices of all the 
 meetinirs of the Intentlant and Wardens and a niinnte of 
 tljcir proeeedingfi shall be entered. 
 
 The Intendant an<l Wardens, before eiiterini^ on tlie du- 
 ties of their offiee, shall severally be sworn to diseharijo the 
 duties of the office faithfMlly, to preserve the peai-e of the 
 town or villa«>;e, and maintain and defend the rii,dits oi' the 
 Corjtoration and of tlie citizens to the best of tlu-ii- ability. 
 
 If any person elected Intendant or Wartlen sliall refnse 
 to quality, he shall pay a tine of twenty dollars to the use 
 of the Corporation, but no jierson over sixty years of ago 
 shall be conji)elled to serve, nor any other person to serve 
 more tlian one yeai- iji three. 
 
 In ease of the absence or illness i>f the Intendant. one of 
 the Wardens shall occupy his place pro tem.. and in ease of 
 a vacaney in the office of Intendant or Wai'den, the phu-e 
 shall Ikv filled by election conducted in the same manner as 
 the election on charter-day. 
 
 The Intendant and two Wardens, or il' the Wardens ix- 
 ceed four, then the Intendant and a majority of the Wai- 
 deus, shall constitute a quorum. They shall have jiowi-r to 
 make by-laws rclatimj^ to the roads, streets, markets and 
 publii' wells and sj)rinii:s (»f the town or villa»(e, and its 
 jiojice. An<l may imjiose tines for oflences ag'ainst their 
 by-laws, and issue exeention for tines, not exceedinii; 
 twenty dollars, lint no Hne shall be imposed tor more 
 tlian tifty dollars, nor sliall any l>y-law be ordained ri'iiULC- 
 nant to tlie law of the State, and all by-laws sliall be snb- 
 ject to the revisal and control of the (Jeneral Assembly. 
 
 The Corporation shall have the ctmtrol of the I'atrol 
 within the town or villai^e, with all the jtowers of the offi- 
 cers of the Beat com})any, or the Court-martial for the trial 
 
299 
 
 of oftences against tlic Patrol laws, but without the power 
 to diniiiiisli the duty or reduce the fines imposed hy tlie 
 General Assenil)ly. And tlie Intendant and AVardens shall 
 be liable to the same penalties as the officers of the Beat 
 (-•ompany, for the like default. 
 
 The Corporation within the corporate limits shall have all 
 the powers elsewhere vested in Commissioners of the Tioads 
 as to Licenses to Tavern Keepers, Retailers and I'illiard- 
 table Keepers; an d^ all moneys for the grant of licenses 
 and all tines and forfeitures for dealing without license, 
 where a license is required, shall be applied to the use of 
 the Corporation. 
 
 They shall have all the power elsewhere vested in Com- 
 missioners of the Koads over the repair and construction 
 of roads within the corporate limits, and shall keep the 
 streets, public wells, springs, and market places in good 
 order, and may compound with the inhabitants for the labor 
 to which the}' and their slaves are bound for the repairs and 
 preservation of the streets, lanes and alleys, public wells or 
 springs of the town or village. And the inhabitants of 
 the town or village shall be exempt from road duty on the 
 roads, causeways or bridges beyond the corporate limits. 
 
 The Intendant and Wardens of every incorporated town 
 and village shall be conservators of the peace, and have 
 all the powers of Justices of the Peace within their cor- 
 porate limits as to the taking of informations and affida- 
 vits, the suppression of riots and breaches of the peace, the 
 arrest and taking bail of offenders, the api)ointment of Con- 
 stables, and tlie trial of causes small and mean. They may 
 also appoint a Marshal to attend on the meetings of tlie 
 Intendant and AVardens, and see particularly to the execu- 
 tion of their orders and to the enforcement of the Ordi- 
 nances of the Town or Village. 
 
 And the Tntendant shall also have the power (»f taking 
 renunciations of dower and releases of inheritance, and 
 certifying the same under the seal of the corporation. 
 
300 
 
 For any wilt'iil violation of duty, inaliirartit-o, abuse or 
 oppression, the Intendant and Wardens of any town or vil- 
 latr^' niay he indi<'tod and punislu'd in like nianin'r as the 
 officers of tlie State, who are charged with siniihu duties. 
 
 The fon'jrninjr is nia<h' \^^ liy cfmipariiiji: tlic various provisions of many 
 Act,>i for tlu' incorporation of villajrrs: and tlio C'liarti-r of tlio Town of 
 Ni'whcnv has in the main ln'cn chiefly foUowed. See A. A.. 1«32, VI, 668. 
 
 TT. — TvAIT.HoADS. 
 
 '"*■■""*■'■"'""• The eliarter of every eonij>aiiy will reiiuhite. so tar as it 
 
 assinnes to do so, the pi-elimimiry ste[»s in tlie formation of 
 tlic eonn»any, viz.: subscription, payment, scale of voting, 
 proxies, etc. And in the absence of express regulations 
 under this head, reference shall be had to the general rules 
 prescribed for Joint-Stock comjianics, 
 
 an!iS"..,"^ r.-i.i.nt Tlic President and Directors sliall 1)0 elected by the 
 stockholders annually, but tlie charter shall not l)e deleated 
 by the failure of an election on the cliarter-day : and in 
 such case the ofiicers shall hold over till the next charter- 
 day, or any (hiy jtrescribed by tlie by-laws. 
 
 (;..vcriiim-nt. Duties Tlic govciMiment of tlic railroad shall be in the I'resident 
 
 and powers of PreHident . ' 
 
 and Directors. aud Dircctors of tlie company. They shall ajjpoint a Sec- 
 
 retary and Treasurer, and all other otHcers of the com- 
 pany, and fill all vacancies in tlie Board l)y the death or 
 resignation of a Director in the interval between the meet- 
 ings of the stockliolders. They shall make l)y-la\\s for 
 the regulation of the company, shall call in tlie subscrip- 
 tions of the stockholders, maki' all coiiti'acts on behalf of 
 the comjiany, and do all lawful acts A\liieli tluy are recpiired 
 to do by the by-laws of the conijiany. 
 
 ijmii to tiip extent of Tliey shall not exceed, in their contracts, tlie capital of 
 
 their oontriicts; lialiili- " i».i iit»-i i ta- 
 
 «.v for excess. thecoiiipany; and if tiiey do, the rresident and Directors 
 
 who were present at the meeting when the violation of this 
 rule took place, and did not then and there protest, and 
 cause their ]>rotest to be entered on the minutes, and re- 
 ported to the shareholders at their next annual meeting, 
 
301 
 
 shall be liable jointl}' and severally for the excess of the 
 coiitructs over the capital of the company. 
 
 Every incorporated liailioad company shall have sucoes- I'nviUT*-"- 
 sion of mcnd)ei's, a common seal, the privilege of sueing 
 and being sncd, of making hy-huvs and ordinances for the 
 government of the corporation not repugnant to the char- 
 ter or the laws of the land. 
 
 Every incorporated Eaib'oad comi)any shall have power j,,,^^:j;!^I;'ji'aj;P\^.';,;,i^,^, 
 ^ to purchase in fee or for a lesser estate land for the site of •""'"""""■•'*■ ^""•'• 
 
 the railroad, and to vary the location or breadth of the road 
 according to the public convenience and their discretion. 
 
 The companv shall, in like manner, have i)Owerto pur- Ami for sni-piy <.f mn- 
 
 ^ • ^ _ ■"■ ^ _ tcriiils for rcpaiiH :uul fur 
 
 chase land for the su})ply of materials for the constjuction'i<'rs-.iir.viiuii(iinKx. 
 and repairs of the road ; and so much land as may be 
 needed for toll-houses, store-houses, work-slu)ps, barns, 
 stables, residences, and accommodation for men or cattle in 
 the service of the company. 
 
 In like manner they are authorized to purchase private '•'••> i"'"i«'''*»- privm.- 
 
 _'' A r HkIiI" I'f >v;i\ across llicir 
 
 rights of way, or private water-courses across their road, ■■"■"!"".'''■'■'"*" "'"'''''" 
 and may construct their road over any public road, river, 
 creek, or water-course in their way : Frovidcd^ the passage 
 or navigation be not obstructed. 
 
 Lands and rights of way wiiich the company recpiire, and,,,!'';V7S[;nd'rS 
 which they cannot purchase on account of disagi-ccmcnt as'^{^^,.'",y.,,j^,r"^^^^^^ 
 to price, or of disability on the part of the owners, may Ijq""""'""^- 
 obtained l)y adjudication at the prayer of the comjiany, as 
 in case of private property taken for public use. 
 
 k And upon the tender or payment of the sum that may 
 
 be finally awarded to the owner f( r conii»ensation, the fee 
 sim[ile of the road shall be vested \\\ the com]>any for the 
 corporate purposes of the rhartcr, and no other, nnless 
 otherwise exi)ressly stipulated. All other projterty shall be 
 vested in them for their absolute use and disjtosal. 
 
 And in the absence of any express stipulation in writing. 
 
8U2 
 
 tlic i»uivliase of the road-bed sliall l>c deemed to inoliido 
 Diic liiindred feet on both sides of the centre of the road. 
 
 aM''ri!i7"r«."ViX''7inu^ -^""l '" ^'"^^ ^^ '"' adverse title, the itaity claiming anv 
 l^^v.•;lrl'.'' '''"'■' "'''""!«»'• against the title ninU'r which the comitanV claims or 
 holds, shall make his claim within two years from the 
 entry of the company on the land, or be finally Vtarred: 
 saving to every infant, feme covert, ami person beyond the 
 seas the right to make claim for his or her undivided part, 
 or for the whole as the case may be, within two years alter 
 coming of age, discoverture or return from beyond sea, 
 
 i;. u. o.M.iuiii:,^ ►iiiu liailroad comj)anies shall be deemed common carriers, 
 
 lie •((MMIiinI r.iiiiiiiiiii car- * 
 
 '■"■"^ and authorized to take reasonable tolls for the carriage of 
 
 goods or transportation of passengers. 
 
 ivniiitv r..i obMnirtiiiK Aiiv i)ei'S(tn tluit sluill will'ulls' (lestrov, (hiiiia<:;e, or ob- 
 ..rtit:iriiiti.- hiii'Miiik' .ff. gtmet aii\' rajlroud, or any xeiiiele, maehine, instrument or 
 
 riillliwt«'i| lll<-l<-willl. ' _ " 
 
 building connected with the use thereof, ujion conviction 
 in the Court of tSessions of the district where the offence 
 was committed, shall suffer fine and imprisonment at the 
 discretion of the Court, not exceeding six months impris- 
 onment, and a fine of not less than twenty dollars nor 
 more than five hundred dollars. 
 
 A.A. is4<i xi.iTs.^ia. And every obstruction to the safe and free passage of 
 
 <»lwlni<ti..iii...fiii.iil.lic "^ 1 1 II 1 I 1 • " 1 
 
 loa.i to 1..- .1.111K.11 iiui- ye],'n^.l(^.^ ()\x jv ])ul)lic road sliall be deemed a nuisaui-e. and 
 luav be abated as such, and tbe author indu'tc'd for a nui- 
 sance at the common law. 
 
 \ A.. is.-.i.Mi loi. If anv ],)(.'rson shall wilfully and maliciously place, or 
 
 I'.lialti.K liii |.laiill|l .*^,ii jli.1 i- •! 
 
 ..iHtiii.ii..ii- ..II uaiir.uui cause to be placed on the track or [»assage-way of any rail- 
 road any obstruction whatever with the intent to injure 
 or imi»ede the jiassage on such road, or shall wilfully and 
 maliciouslv aid ami assist, or counsel and advise any one 
 in so doing, he sliall be deemed guilty of felony, and on 
 conviction thereof shall be sentenced as follows: — !Slu)uld 
 siu'h obstruction cause any hurt, maim, or serious personal 
 injury to any human being not causing death within a year 
 and a day, the offender shall be sentc'iiced to such fine and 
 im[»risonment as the Court may iiiqtose, and shall bo ad- 
 
303 
 
 judged a felon; and should the death of any human being 
 result from said impediment within a year and a day, the 
 oftender shall he adjudged guilty of felony, and shall suffer 
 death without the benefit of clergy; and nothing herein 
 shall in any manner take away any right of action for 
 damages to the person or property of any individual or 
 body corporate caused by any unlaw^ful act done to any 
 raih'oad, or its buildings, tracks or structures. 
 
 If any person shall intrude upon any railroad by using a. a., is2s vni. :!f.o. 
 the same or any of its privileges without consent, he shall Liability of i.itiu.ir.s. 
 forfeit to the company all the vehicles, articles and animals 
 used theret)n; and tlie same may be either seized by the 
 company or recovered by suit at law: moreover, such in- 
 truder nuiy be indicted for a misdemeanor, and on convic- 
 tion, fined and im})risoncd at the discretion of the Court. 
 
 Tlie foUowino- officers and servants of a f^ailroad com- omnr-i mid Kcivani- 
 
 ^ . 1 1 • 1 exempt from militiii. pn- 
 
 pany shall be exempt from militia, patrol and jury duty, troian.ijuiy .luty. 
 viz : the Tresident, the Chief Engineer, and Assistant En- 
 gineer, the Superintendent, the Secretary and Treasurer, 
 the Keeper of tlie Depository, the Guards on the road not 
 exceeding one man to every five miles, one Engineer and 
 one Assistant to each engine, one Conductor to every i)as- 
 senger car, and one Conductor to every five cars for the 
 carriage of goods. 
 
 The President and Directors shall keep regular minutes oirecUon simii m-..r<i 
 
 , . , , ]>iiicee(lings of meetinpf 
 
 of all their meetnigs, m which all resolutions and orders ami makemimiiii .ep-its. 
 adoi)ted shall be duly entered, and they shall make a lull 
 report of the state of the com[>any to the shareholders once 
 in every year, and may call a general meeting of the share- 
 liolders whenever they deem fit. 
 
 Any Euirinecr or Conductor of a Railroad company who a. a., isr.-. xn. n;u 
 
 ./ J~| 1 ./ IVnall.v for wilful ne({- 
 
 shall wilfully netjlect or violate any rule of the company '•^'■t ""■ mW.mrtmt ..fKi,. 
 
 •/ o ♦' A ,/ ginccrs ami i imchu tor*. 
 
 whereby any one shall sustain or be in danger of sustaining 
 any bodily injury, shall be liable to be indicted for every 
 such offence; and on conviction, be fined two liundred 
 (h)llars and imprisoned, not exceeding one year, at tlie dis- 
 cretion of the Court; nor shall such conviction relieve him 
 from the ordinary risponsibility in cases of homicide. 
 
304 
 
 cu!^rt!-^iiMelT,,fJdi. ^^1' ^liartcTs for tlie incoqKH-ation of Railroads shall bo 
 fi.,..i-.ni.vixgui«ture. ^^^^^,^.^ ^o 1110(11 tic-atioii from time to time by the Legisla- 
 ture, as it may lU-i'iii necessary. 
 
 ^_j..n.i K.-oiuticn. isa.-., >^T,^ fliai'ter for the iiicorporatioii of Railroad eomi^anies 
 ci.H;u';:'"''''''''''"'''''''''''or any exteiisio.. iheivcf, shall he o-ranted hy the Legisla- 
 
 Kulih of II. B.. 1K>9. , ' 1 il ii 1 1- ^- i- ^1 !• '"^• 
 
 i.. 7K. No. 49. ture, unless three months jtuolie notiee ot the aj»i>lieation 
 
 for the same he i»reviously given by advertisement in one 
 of the papers of the City of Charleston, and also in one of 
 the jtajters of the })arish or district in which such road may 
 he situated, or if there he no newspaper in such jtarish or 
 district, then by }>ublication of such notice at the court- 
 liouse or some conspicuous jmlilic phice in the parish. 
 
 111.— Ranks. 
 A.A.. is2-.>. viii,39. Xo bank shall be compelled to pay any of its bills that 
 
 Billti divided or cut in i i . ./ 
 
 •w" have been cut in two or divided, unless both halves of the 
 
 bill be presented, or good and sutHcient security be ten- 
 dered to indemnity the bank against all loss by reason of 
 such payment. 
 
 A. .\.. isiB. VI. :j4. All bills or promissory notes pavable to order or bearer, 
 
 niidfi- *i (Hunk .if 111,. ■which sliall bc issued hy anv indivKhial or company, or 
 
 state excepted i not to l>e i i > T • ' i /• t i ' i • 
 
 iiH«mMi oi received. bodv CDi'porate, the Ihmk ot the htate ot ^oiith C'ai'olnia 
 excepted, within this State, for any sum or sums under one 
 dollar, shall be void; and any jktsoii or jicrsons who shall 
 pass or attempt to pass or recei\e any such bill in payment, 
 shall be liable to be indicted therefor, and on conviction 
 thcrc'ol". shall be tined not e.xcecdiiii:: ten dollais. 
 
 lb. 
 
 Anv [K'l'son or ])crsons Avho shall, within this State, pass 
 ti.e'W.ii"So'iH«ue''uny or attciupt to pass, or receive in payment any bill or bills 
 i.iii Milder $5. purporting to be bill or bills of any bank or body corpo- 
 
 rate, the bills ot' the IJaiik ol' tin' State of South Carolina 
 exce}>ted, of a lower amount or denomination than live 
 dollars, shall be liable to be indicted therefor, and on con- 
 viction thereof, shall be lined not exceeding the sum of 
 lifty dollars. 
 
 Sec also VI If, 14, § IS. 
 
305 
 Loans iiiav be made bv any incoriiorated bank on neiro- a A.,i8iT.viii.:ir. ji . 
 
 ^ l !-• Loans. 
 
 tial)]e })a})er, for any period not exceedinii; twelye inontlis: * 
 and a bank liere may open an account and giye credit to 
 another bank in any of the sister States. 
 
 The banks maw from time to time, inyest sucli iiai-t not "'•?-• 
 
 ' liivfuliiicnts in St4itc 
 
 exceedinii: (with the amount of stock such bank may bold)''*'""'^- 
 one-lialf their cai)ital, in tlie stock of this State. 
 
 Eyery bank which shall hereafter receiye a i-'rant of a a. a is4o, xi.m ji. 
 
 • ' (onilitH-na annexed to 
 
 charter, or any rencAyal, amendment or modification tliei'cof, "'"'""'* ''"'"''"'• 
 unless the Act ij^ranting such charter, rencAyal, amendment 
 or modification shall, in exjiress terms, dispense tliere\yith, 
 shall be su1)ject to the following conditions, that is to say: 
 
 pay 
 I' font. 
 
 If the bank shall susi)end the payment of current coin n... j2. 
 
 ^ . ^ Siis)icnilril hanUrt t(ipa_v 
 
 for its notes, or declare a determination to suspend or refuse"' ""•'^»*'"'*"^ i"V'," 
 
 1 per Hiinuni, niontlily, 
 
 payment of its notes, in current coin, it shall become liable'^'''''"''"'""- 
 to pay to the State of South Carolina at the expiration of 
 eyery month after such suspension or declaration, a sum of 
 money, at the rate of fiye per centum per annum, upon 
 the whole amount of its notes \vhich shall liave been issued, 
 in circulation at the commencement of the said month, 
 and sliall continue to pay at the same rate, at the end of 
 eyery month, until it shall reyoke its declaration, and law- 
 fully redeem its notes when demanded; the said sum of 
 money to be recoyered by action of debt in any Court of 
 competent jurisdiction.* 
 
 AVithin tlie first six days of eyery month, the Tresident I*'-?;'; 
 or Cashier shall make a return, on oatli, of the state of guc'h'^'""!'""""'''""^"''"''- 
 liank as it existed at the opening of the books on the first 
 da\- of the then month, and transmit the same within the 
 two next days to the ComptroUer-CJeneral ; and he shall 
 C(»llatc the yarious statements, so as to present a compara- 
 tiyc yicw of all the items thereof^ and publish the same in 
 some public newspaper, for general ini'ormation. The re- 
 turn shall specif}' the particulars set fortli in the seyeral 
 columns of the following schedule, and l)e made out in the 
 following form, viz : 
 
 » Suspcn.Iecl till the first. d:iy of . January, 1862. A. A.. 1860 and 1861. XII, 
 SCO, g 2. 
 
 20 
 
8C6 
 
 "•••>" Debte dm- l.y llic Uaiik : 
 
 Capitiil stork. 
 
 Hills in circiilation. 
 
 Nt't jirofits on hand. 
 
 Hiilances due to Banks in fliir> State. 
 
 Halances duo to lianks in other States. 
 
 All other moneys due wliidi bear interest. 
 
 Casli (U'positc'd and all otlier moneys due, ex«'lnsive of 
 liills in circulation, ]irofits on hand, halanct's (hie otlier 
 Jianks, and money In-arinu" interest. 
 
 ""*^"''""- Resources of tlu- I'.ank : 
 
 Specie on hand. 
 
 Real estate. 
 
 Hills of other Banks in this State. 
 
 Bills of lianks in other States. 
 
 Balances due from Banks in this State. 
 
 Balances due from Banks in other States. 
 
 Xotes discounted on personal security. 
 
 Loans secured hy pledL;;es of its own stock. 
 
 Loans secured by pledges of other stock. 
 
 ])omestic exchange. 
 
 Foreign exchange. 
 
 Bonds. 
 
 Money invested in stock. 
 
 Susi»ended debt and debt in suit. 
 
 Money investe<l in every other way than is specitied in 
 the foregf)ing pai-ticulars. 
 
 Total rcsoiii'ce's of the Bank. 
 
 Hate and amount of the last (li\i<l('n(l. 
 
 Amount of i-csci-\t'(l [nofits at the dati' of tlic last divi- 
 dend 
 
 KorliUuo f... noncom- '''^'^^'T '• = "''^' ^^''"''^' "<''''^'>-^ IlCglcCt tO COlUpIv witll tllC 
 
 ''""'"■'■ foregoing recpiisition, shall forfeit to the use of the State, 
 
 to be recovered by the Comptroller-General, one hundred 
 
307 
 
 dollars for caoli and every days neglect ; to be recovered l»v 
 action of debt in any Court of competent jurisdiction. 
 
 It shall be the duty of the Conii>troller-General to take ,'';,;,f.|^; „„j d,,^,.^ „f 
 all requisite measures for collecting the money required t() fSlm'^r;^'"""' ""'' 
 be paid to the State by Banks under suspension : he shall 
 have power to examine the books of each Bank, for the 
 purpose of ascertaining the true amount of its notes in cir- 
 culation ; and any officer of a Bank, who shall refuse to 
 submit the jiroper books of the Bank to the Com|ttr()ller- 
 General for the purpose aforesaid, shall l)e deemed guilty 
 of a misdemeanor, and, upon due conviction, shall be sub- 
 ject to fine and imprisonment at the discretion of any Court 
 of competent jurisdiction. 
 
 Any Bank may by accepting the foregoing conditions 
 have the benefit of them. 
 
 Any incorporated Bank which shall neglect to accept i.\umr^u;i»ns^!!'n;'^of 
 the foregoing conditions, and hereaftci- suspend paynient J:i';,'^;:^;i;;;':;i;*;Xfr' 
 in legal coin of its bills or notes, or of the moneys lodged"''"""'"'" 
 with it on deposit, or declare its determination to suspend. 
 or refuse such payment, shall forfeit its charter, and the 
 Governor shall take legal proceedings to vacate the same ; 
 but final judgment for the State shall not be entered thereon 
 until the expiration of the session of the General Assem- 
 bly next succeeding tlie institution of such proceedings. 
 
 It shall not be lawful for the agent, within this State, of A]^;;i^^^^l\^-^'- 
 any foreign Bank, to pay out or put into circulation in the """'*'' 
 transaction of its busine&s any l)ank note other than its 
 own, or the issue of the lianks of this State ; and any 
 agent of such Bank, so paying out or juitring into circula- 
 tion any such forbidden hank note or notes, shall forfeit 
 treble the amount of the bank note or notes ho paid out or 
 put into circulation, to be recovered by action of debt at 
 the suit of the State, of which recovery the informei- shall 
 be entitled to one-half 
 
 From and after the first day of Januarv in tlie vear of '''••*"• . , , 
 
 .' • • Uank nnte» not \'< rx- 
 
 our Lord one thousand eiirht hundred nnd ^jxty. if the ^';';''_y'"" '"■"""'*'■'"" 
 
308 
 
 issue of aiiv Hank in cireiilation sliall ai ;inv tiiiir excood? 
 i'<n- nioi-e than t'onr sucoossivo weeks, tliroo times the 
 aiiKMint of go\i\ and silver eoin and hnllion in jtossessiini 
 of the Bank, or suhjeet to its eontrol. within tlie limits of 
 tliis State, as its own ])roperty. stu-h iJank shall forfeit five 
 hundred doihii's Ww emli and e\erv sneeessive week durinij^ 
 whi<'h sneli excess shall eontiiiue, to he reeovered hy aetioii 
 of deht, at the suit of tlie State; and, in order tliat such 
 excess, when it exists, rnay he aitparent, it shall he tlie dutj 
 of the President or Cashier of every Bank of issue, on 
 Wednesday of every week, to transmit to the Com|)troller- 
 (lieneral an account of the amount of hank notes of such 
 Bank in cii'ciilation : and, also, an account of the amount 
 of ijold and silver coin and hnllion in the possession of 
 the Bank, or suhjeet to its contiol, as its own ]»roperty, on 
 the next jirecediug Tuesday, which account shall he certi- 
 fied hy the oath of the President or Cashier, taken hefore 
 and certified hy any ma<i;istrate duly authorized to admin- 
 
 I'eijurv. ister oaths: and any jierson swearins;- falsi'ly to any account 
 
 shall he deemed guilty of perjury, and shall he sul)ject to 
 
 roniptroiicr toimbiibhthe itaiusaud peiudties thereof: and the Comptroller-Gen- 
 eral shall, at least once in every month, collect the 
 accounts of tlie weekly state of their circulation and spe- 
 cie, rendered hy the several Banks of issue, in conformity 
 herewith, and }>uhlish the same so collected in some news- 
 j»ai>er, in the following form: 
 
 WKKKLY STATE OF CIUCUI.ATION AND .SPECIK OF BANKS OF ISSUE 
 IN SOUTH CAROLINA, FROM THE DAY OF 
 
 TO THE DAY OF , EIGHTEEN 
 
 HINDRED AxND 
 
 Namb or Bank. 
 
 Naur of Bank. 
 
 Name of Bank. 
 
 DuUi. Circulation. Specie. 
 
 Date. Circulation. 
 
 Specie. 
 
 Date. 
 
 Circulation. Specie. 
 
 PeiiMiiv r.-Mupkcf. And any ]Jank, the officers whereof shall neglect to trans- 
 mit to the Coni]»troller-Genei'al any such account aforesaid, 
 sljall forfeit one hundred dollars for each and every day 
 
309 
 
 dnring wbicli the same shall be neglected, to he reeovered 
 bj action of debt, at the suit of the State.* 
 
 It shall be the duty of the Oomi)troller-(;eneral to sue r:.!^i^v'!n:-Mu:^^:i-'' 
 for all violations of the duty hereby prescribed, and re-;l;^l|.:;;';i,|;;^;;;;;!^;;;X,"'- 
 cover the penalties hereinbefore mentioned. And tbeirCoL'i^^t'uI'''" "' 
 Attorney-General or Solicitor of the circuit shall conduct 
 such suits. And the Comptroller-General shall bave autlior- 
 itj to make a personal examination of the books of any 
 Bank to ascertain whether the account rendered liini in 
 behalf of such Bank is correct. And any Bank officer oi- 
 clerk that may refuse to submit bis books to the examina- 
 tion of the Comptroller-General lor the ])ni'}iose aforesaid, 
 shall be deemed guilty of a misdemeanor, and on convic- 
 tion subject to fine and imprisonment at the discretion of 
 the Court. 
 
 Insuranck Companies. 
 It shall not be lawful for an agent of anv Insurance a. a.. issb. xii. .'.gs. 
 
 "^ ' Licenses to l»e obtainoti 
 
 companv in the United States, not incorporated bv tlie ''>"«'""''* "'"'■""■'t""'""' 
 laws of this State, to take risks or transact any business of 
 insurance in this State, without first obtaining a license 
 from the Comptroller-General. 
 
 Before the Com}>trollei'-(Tencral nuiy issue such license, a ii>.. j2.' 
 certified copy of the charter of tlie com]»any. from which 
 the agent has received his appointment, and also a certified 
 cop3' of the vote or resolution of the trustees or directors 
 of said company a})pointing him sucli agent, must be tile<l 
 in his office, with the original power of attorney, which 
 shall by its terms continue valid and irrevocable till 
 another agent or attorne}^ be actually substituted, and • 
 
 authorize the service of legal process on tbe agent in all 
 suits against tlie comi)any where the cause ol" action arises 
 within the State; so that there shall always be within tbe 
 State a i)erson answerable to all suits against the company 
 for matters arising in the State, and that judgments recov- 
 ered in sucli suits shall he as binding on .tlie company as 
 
 * The sixth GCftiou as given above, is pnslponcd until l«t .lanuai.v, 1(62. A. A., 
 1860 an.l T.l, XII. 8C0, § 1. 
 
810 
 
 jiidt^inents recovertMl l)v n'i;ular process in the proper 
 forum. And sucli power of attorney sliall be under the 
 seal of tlie eompany, and sijrncd 1>y tlie President and 
 Secretary. And in addition to tlie jiower of attorney, 
 there shall he tiled and pnhlished a statement, under oath, 
 of its President or Secretary, showing its a.ssets and liahil- 
 ities. and distinctly showintr the amount of capital stock, 
 and how the same lias heen paid, and of what the assets of 
 the company consist, the amount of losses due and unpaid, 
 and all other claims against the com]»any or other indeht- 
 e<lness, whether due or not <lue. at the time of the tiling of 
 the statement above. 
 
 uc'^nM•^ I.. I., imi- Every agent obtaining such license shall also cause sueh 
 statement and license to be ])ublishe(l in some news]>aper 
 in the district in which he residt's. "^riic coinjumy shall 
 also furnish to the Comptroller-* Jeneral thi'ough their 
 agent a semi-annual statement of the atiiiirs of the cotn- 
 pany, under the oalli of its President or Secretary, as lu're- 
 inbefore e.\}»ressed : and it sluill be the duty of the agent 
 t(» publish the same. 
 
 \vi(h!i™tui..fiicei.M... It shall be the duty of the Comptroller-General to refuse 
 liis license to any company that he may deem unsafe, or to 
 withdraw such license if already issued. 
 
 ivimit'ii- r..i tian«.rt. -•^".^' persou that shall issui' a Jioiicy or receive a pre- 
 jnK^^b.,.in.Hs withuut •,„•,,„,■ j;„. .J <.,,,npany not licensed as above required, shall, 
 on conviction, for ex'cry sucli ollcnce, be iini'd. in the dis. 
 cretion of the Court, in a sum not less than a hnndi-ecl, 
 no!' more than ti\t' hundred dollai's; Pmridcd, that noth- 
 ing herein contained sliall i-clease tlu' comjiany fri>m the 
 , obligations ol any policy issni'd by its agent. 
 
 K.'^ for lioeiiH.- The (•omptiollci-Oeneia! for every such license granted 
 
 \>y liim as alorcsaid. sliall be cntitK'd to take and receive a 
 fee ol" two dollars and lil"ty cents. 
 
 i\x^'JiT/r.Si''"i'nM.r- -"^ < ' tliscpi uii uat lou shall be made between domestic and 
 an.-,. r..,„,.iiiiuH. foreign Insiuancc companies as to taxation ])cyond sixty 
 
 cents on one hundreil (.lobars. 
 
311 
 
 V. — Joint-Stock Companies. 
 
 Every Joint-Stock coiiipanv incorporated l»y tlie General ^ a., is^:. vi.io^. 
 Assembl}' shall be subject to the followino- conditions, un- 
 less expressly or b}' necessary implication exempted. 
 
 The stock of tlie com}»any shall be open to tair conipeti- stoVk'si,:.ii b. ..,,«., t,, 
 tion. amono- all who choose to subscribe, competui..... 
 
 Books shall be opened to receive subscrii)tions by Com- "'■ 
 
 . i ,; CnmmissioiicrH to be 
 
 missioncrs desio-nated for that inirpose at the times andr""-''' ""'' '"'"'"' '" 
 
 ' ^ '^ bo opened. 
 
 places prescribed; and remain open six successive secular 
 days from 10, a. m., to 4, v. m. 
 
 The capital shall be raised by subscription in sums of v«i,UMfKb,i,e.-. 
 one hundred dollars per share, and ten dollars per share as 
 a cash instalment, shall be deposited Avith the Commis- 
 sioners at the time of subscribinu'. The other instalments 
 shall be paid as called for by the company— but the calls ca-b instai.n.nu. 
 shall not exceed ten dollars a share every sixty days. Tlie 
 Commissioners shall receive all subscriptions tendered 
 Avith the cash instalments and none others. 
 
 If the subscriptions exceed the sum to be raised, the i'^- 
 
 _^ . . ' Subscriptions to bi- 
 
 Commissioners shall reduce them to the lyroner amount by '"^'^''C'"'-*'' "•^"•'.''•"k 
 
 , i i •' amount to be ntiHwI. 
 
 takino- from the higher subscribers till all are reduced to 
 equality, if necessary, and the subscriptions equalized with 
 the capital. The excess of the several deposits on the^e^lae^.u;,''""'"'•'' ''" 
 shares reduced shall be returned to the subscribers several- 
 ly, and all the rest paid over immediately into the Bank of 
 the State of South Carolina or one of its branches, to the 
 credit of the company, wirh a list of tlie subscribers and 
 the number of shares severally subscribed. 
 
 Tbe President of the Bank shall cndoi-se on such list, a n.. 
 
 eortifirnt* "I Dopoml 
 
 certificate of the deposits in bank, of the full amount of the'" ''<• """i* H'cioon bv 
 
 i _ ' Prc-tililrnt. 
 
 cash instalment, and deliver the same to the Secretary of 
 State. 
 
 On rcceivins: such a list, the Secretary of State shall issue i''.a"4 , 
 to the company letters patent under the seal of the State, '""^'^ ""' 
 
312 
 
 sii^iit'd liy tlic CiDVcrnor, tk'c-laiiui; the subsrrihers named in 
 said list to he a body eorporate ; and tliereupon the said 
 conii»any sliall be authorized to organize as a eorporation 
 and call in the renniinins; instahnents: and proceed, when 
 the capital is paid in, to jtrosccute the purposes for wliich 
 it was created, as declared in tlu- Act (»t' liifoi-poratinn. 
 
 wii.-re^tho siinrp* lire 1'"^ '^ 'l'*^' su hscri J it ioiis tall short oftlif sum to he raised 
 
 nut nil tj<k<m Dcixmitg t*) 4.1 •,.1i'*l .1 I l "l 
 
 iK-n-iuMie Ji^ tlic capital ot thc compauv. the scwral siil»cnlici> may 
 
 retract and withdraw their dejiosits within one month trom 
 the closiiiiT of the hooks by the commissioners. And so 
 inm-h ol" the deposits as ai'i' not witlidrawn witliiii a month 
 shall be turned over by the commissioners to the IJaiik of 
 the State, oi" one »)f its branches, with a list of the suiiscrib- 
 ers ^\•ho lia\e not^ withdrawn, an<l the number of sliares sev- 
 erally subscribed by them, and the Cashier of the I'ank may 
 receive sui>plementary subscriptions from all jieisons who 
 may tender the same with the cash instalments, until tlie 
 amount of capital is fully met accordinsj; to the reipiisitions 
 of the charter. After which, the lipits with the certificate 
 of tlie Pi-csident of the Bank, as heretofore prescribed, shall 
 be delivered to the Secretary of State for his action. 
 
 ,.,''S.'^7M:'^iJ!'L'ran ^^"^ ^^^^" boolvS sliall uot bc kt'pt .)pen by the iJank beyond 
 !«• kept open ^j^^, |^,.^^ j.^,^. ^f ^]^^, j,^^^^ coiistit ut ioual mcetiug of the Gen- 
 
 eral Assembly. On which (hiy, if the capital be not fully 
 made up, the authority of the Act of Incoiiioration shall 
 expire, and the deposits remaininu' in bank, if any there 
 bc, shall hv returned to those to \\liom they beUiiiu'. 
 
 p^rvMegeg uf tiie Cor- Kvcrv corporation, so foi-mcd, shall haxi' perpetual suc- 
 '"*"*"""■ cession of memhers and a c(unmoii seal, and may sue and 
 
 be sued, and purchase and hold such real estate as nuiy be 
 necessai'v tor its business, and nudvC and ordain all such 
 rules an<l by-laws, not repuii'nant to tlic lawsof tlu' land, as 
 nni}' be deemed tit for tlii' exercise of its legitimate |towei's. 
 
 'V ■?''*•, „ •, , If the slock of aiiN- such incorporated i'oniiiaii\- he hekl 
 
 Kloction of I'rcfuk'iit . I I • 
 
 ami uimiors. j^,^. ^i^^j. ,,,,,,.,. thaii six pcrsous, ouc of theui shall be appointed 
 
 President, and the others shall be Directors. If the stock 
 ]»e held hy more than six persons, then atageneral meeting 
 
813 
 
 of the stooklioldci's lliey sliall clot-t a President, and not 
 lef?s tlian two iior more tlian twch'i' Directors, wlio shall 
 eonstitute tlie o-ovcnnnent and direction of the company, 
 and have ]»o\vcr to ajipoint all otlier ofHcers, and make all 
 contracts, and })crform all acts authorized hy the charter 
 and tlic by-laws of the company. And the acts t)\' the di- 
 rection shall he hindini;- on the corjioration without seal. 
 
 In all elections for I'l-esident and Directors, and all (lues- "'• 
 
 ' Scnlc (if VI 
 
 tions coming hefore a i>;cneral meetinii; of the Stockholders, 
 the votes sliall he ii'iven according- to tlie followinij: scale, 
 \i/: 
 
 The holder or owner of one or two shai'cs shall he entitled 
 
 to one vote. 
 The holder or owner ot not more than four nor less than 
 
 three shares shall he entitled to two votes. 
 The ln)lder or (nviuu-of not more tlian six nor less than four 
 
 shares shall he entitled to three votes. 
 Tlie holder or owner of not more than eight nor less than 
 
 seven shares shain)e entitled to four votes. 
 'I'lie holder or tnvner of not more than eleven nor less than 
 
 nine shares shall he entitled to five votes. 
 The holder or owner of not more than fifteen nor less than 
 
 twelve shares shall he entitled to six votes. 
 The holder or owner of not more than twenty nor less than 
 
 sixteen shares shall be entitled to seven votes. 
 The holder or owner of not more than twentj'-six nor less 
 
 than twenty shares shall be entitled to eight votes. 
 The holder ov owner of not more than thirty -three nor less 
 
 than twenty-seven shares shall be entitled to nine votes. 
 The holder oi' owner ol' not more than forty iioi" less than 
 
 thirty-four shares shall be entitled to ten votes. 
 And the own(M- of more than forty shares to one vote for 
 
 every ten shares over forty. 
 P)Ut no individual shall be entitled to more than twenty 
 
 votes. 
 
 A'otcs may be given l)y jiroxy; but the person offering iT..xi<w. 
 to vote as or by proxy, may be re(piired to swear that he 
 has no iiitcre-;t in the stock in whi<'h he so offers to vote, 
 directiv oi' indircetlv. 
 
314 
 
 whc^TruRK.isofM.Kk '^ Trustee of stock shall not V(»te on shaivs lu-Ul l»y liiin 
 "'"-'"""■ in trust, wliether declared or not. if the cestui que trust 
 
 liolds other shares, whether iii his own name or in the 
 name of an(»thcr; hut tlie cestui (pie trust may vote on all 
 his shares, whether le^al or e<iuitahlc. according to the 
 ahove scale. 
 
 Kl(.vliuii> to be- uniiiinl. 
 
 annually: hut tlic failure to h<»l<l the election on the projicr 
 day shall not induce a forfeiture <»f the ehartei*. 
 
 i»ir<Tii..ti to r.-i...rinn- 1^''*^' <lirection shall annually make a full rvi»(U't ol" the 
 •■' condition of tlu- eoiii|.aiiy to a i^cneral meetini: of the 
 
 sto<-klnil(lel"s. 
 
 c'iitnu-iK miKio i.y the Tlic direction sliall not, in their contracts, exceed the 
 the amuiint of tii.ir C4ip- amount oi tlici r capital ; and in ease t)i their doing so, the 
 ivr»oi,aiiiai.iiit.v..ftiir President and Directors shall he [lersonally answerahle as 
 well to creditors as to the corporation. I>ut any ol them 
 may exonerate himself from such Jiahility by showing hy 
 the minutes or Journal that he was absent, (U* voted against 
 the contract, and giving notice of the hreaeh of this vuu- 
 dition on the jtart ol' the direction, at llie next gcAi'i-al 
 meeting (if the stockholders. 
 
 II) rv(Mi Kverv incoritoi'ated .l()iiil-St(><-k eonipauN' shall heu'in the 
 
 Murk I'lliflx-pfiiii williiii • 1 I . .^ 
 
 ■me ye«r. .....I cnm,,i.t.-.i^^.(„.l^ ^„. e,,t(>|-pri/e fop wlilcli tlic charter is i>-ranted, 
 
 within f"iir from tlio iimi- i ~ 
 
 menceiii.-ni. witliiu ouc year from llu' date (if the letters patent, and 
 
 complete the same within foni* yi'ars iVom the eommencc- 
 meiit of the work:" otherwise the chai'ter shall ex]iire and 
 the company he liahle to he dissolved hy scire facias. 
 
 itv^'Lnt of Hharc.«. ^^<> as.^cssmeut exceeding twenty per c-enl. sliall he laid 
 
 incri.ii«oofea,.iiui. y„ ^j,^. sliarcs of tlic suhscri hei's, nor shall the capital he 
 
 increased without the eoncurrt'iice of t\\ o-tliirds in \:iluc of 
 
 the stockholders in the cimipany. and the cdusent of the 
 
 (Jeneral Assenddy. 
 
 Sharif of .hrfauiihiK If tile instalments of the suhscrihers he not met as called 
 
 nuhscrilicrii may bo for- , , , i /• w i -i ^ i r • , ^ 
 
 f(!itc,i ami w.i.i. tor, the share.•^ ol a th'hiulting sul>si-riher may be torleited, 
 
 according to a by-law of the comi>any. Am^ the forfeited 
 
315 
 
 shares may bo sold; but neithor forfoitnre nor sale sLall 
 operate to relieve the subscriber IVoiii liis liability t(^ I lie 
 eonqtaiiy in case the procei'ils of the sale leave a (Iciiciency. 
 
 In ease of the sale of a sliai-e before all the instalments J',',-,„.,.i,„.,„,Hiinittiinr 
 are paid, the subscriber shall still be answerable to the^i;;',;;;;J;f;;;;;^|,i;|';,^y{ 
 company for all instalments due, and to become due, on the!;;;;,''''*"'" "" "-'•'"'"""' 
 share subscribed for. And the purchaser of the share sball 
 be deemed a member of the eompiiny, and liable for all 
 future instalments. 
 
 YI. — Charleston. 
 
 Charleston citv shall be bounded by a line drawn due a. a isi-.i m. .-.;•.»: 
 west from Cooi)er river to Ashlev river, throus^h tlie point^-i 
 of junction of Meeting and King streets, and include the 
 peninsula l»etween the two rivers, to the cliannel of tlie 
 rivers and the harl)or of Charleston. But all real estate 
 between that line and a line folloAving the centre of Shep- 
 herd street, and projected both ways to low-water niai-k on 
 each river, shall be exempt from taxes imposed by the City 
 until the iirst day of January, 1870. 
 
 The line colored red, lettered A, B, C, D, E, F, G, iT. as ihw vn. i:,i 
 
 '. 7 7 7 1 1 - n,,uii.iaiv to tlir Ka-t. 
 
 marked and laid down in a plat of the wharves on the east- 
 ern l)oundary of the city, by Cliarles Parker, City Surveyor, 
 dated 5tli November, 1836, is established as the line beyond 
 which no wharf or other bnilding or strnctnre wliatever 
 sliall be erected. 
 
 All citizens of this State residing in the citv or possessed nm, vn. us: im». 
 
 '- _ " . . M. 579. 
 
 of a freehold therein, shall be and constitute a body politic ("'..riMirati..ii. ii..w k..t- 
 and coi'j)orate: and shall be go\erned by a Maycu' and six- 
 teen Aldermen, who sliall be called the City Conncil of 
 Charleston. 
 
 The said city shall be divided into eight wards, and the^^|jj''?<^vn.^i--'^^^^^^^^ 
 Aldermen shall be apportioned among the wards on ecnuil i'^^.. 
 jirinciples of population and city taxation : and it sliall be 
 the dnty of the Mayor and .Mdermen, every ten years, to 
 apportion the ward i-ei>resentation on the same principles. 
 
316 
 
 A. A.. !^:.rt Ml r.4. W:inlX«». 1 shall In- hoilluiid by Qlieoii >tr.M'l t.. tlio 
 
 iioitli. aixl Mf('tiii<j street to tl»e west, 
 
 Wan) No. '2 l»y Qiioon street t«» the iii»rth. ami Mettini; 
 street to the east. 
 
 Wanl No. ;5 l>v (^m-cn street to the south. Calhoiin >irrei 
 to the north, and Meeting street to the west. 
 
 Ward .N(». 4 l»y Queen street to tlie soutii, Calhonu street 
 to thf north, ami Mrclinir sti-«'et to the east. 
 
 Waitl No. .'» l»y Calhoun street to the soutli, Coopor river 
 to the east, Wolfe ami Andierst to the nortli, and Kin^ 
 Ktrect t(t the west. 
 
 Ward No. •» hy Calhoun ^^treet to the south, Kinu: .^treet 
 to the east, Cainioii .street to the north, and A.sldey river to 
 the west. 
 
 Ward .\<«. 7 liy Wolfe and Audu-rst streets to the south, 
 CoojK-r ri\<'r to tin- cast, the northern line of the eity to the 
 north, and Kint; street to the west. 
 
 AVard No. .s liy .\ndierst street to the south, KiiiLT street 
 to the east, the northern line of the eity to the nortli. and 
 Ashley river to the west. 
 
 A.A.miK.vii ii'..j4. 'f|„. M:,vor shall he a <iti/.en of the State, of the ai^e of 
 
 t^unlltlrultiiiuiir Mnyiir. • _ ' 
 
 twenty-tive years <»r u]>wards. a ri'sideiit of the eity at the 
 time of his election ami for the last three years |ireviou.s, 
 and ]M>ss('ssc(l of a frt'eli«»ld estate within the eity ot the 
 \alue of fifteen liiiiHlre<l dollars clear of dehts. 
 
 "••• The Aldermen shall he eitizi'iis of the Slate, of tlie a<re 
 
 (If Al.l.-i I.. _ _ _ _' 
 
 of at k'ust twenty-one years, residents of the ward for w liieli 
 tliev are severally eleeted at the time of their election, and 
 of the city for the last tliree years |ire\i<uis, and seized and 
 possessed severally, ea<'li in his own i-iLclit. of a fi-eehold 
 estate in the eity, of seven limidre(l ami fifty dojlai-s clear 
 of debts. 
 
817 
 
 -r,, ,-, ,r 1 11 T • r J.1 Ci. J. A. A., US.!. VII. KX). 
 
 If the Mavor slionld die, resign or remove irom tlie btate, ^lo. 
 the Aklerineii sliall order an eli-etion by tlic citizens to till niu'd'.' 
 the office — giving ten days notice. 
 
 And if any Alderman slionld die, resign or remove ont 
 of the ward, the City Council shall order an election — giv- 
 ing tive days notice. • 
 
 If anv person elected Maxor shall refuse to (jualifw he ib. 
 sliall pay a tine to tiie ( ity ot one iiundred antl litty dollars; soivo. 
 and if any })erson elected Alderman shall refuse to qualify, 
 he shall pay a tine to the City of one humh'ed dollars. But 
 no person above the age of sixty years shall be compelled 
 to serve in either office, nor any other [)erson nn)re than one 
 year in seven. 
 
 Tlie Mavor and Akiermeu shall be elected bv the inhab- a a. isn. vii. i.js; 
 
 ^ • 18;).-). \n.42-'. 
 
 itants of the city authori?:ed to vote for members of the yi>"'i'""ti"""f v,um-8. 
 
 General Assembly for the Parishes of St. Philip and St. 
 
 Michael, whc^ have made their returns as citizens liable to 
 
 taxation; and paid assessed taxes to the amount of one 
 
 dollar or more, or a poll tax to the same amount within the 
 
 time prescribed by the City ordinance for the jniyment of 
 
 the taxes of the current tiscal yeai'. 
 
 And no iH>rsoii shall ho allowed to vote without protbiciu": a. a., isfl.i xh.4-j2. 
 
 ... ,. , . f. 1 Curtificiilc tn l>p pr..- 
 
 his receipt tor the payment ot his taxes lor the current year>'"""' 
 to the amount of one dollar. 
 
 And it shall be the duty of the managei's to stamp or ii.. 
 mark every receipt produced; and a person producing atin.-Hir." 
 receipt so stamped or marked shall not be allowed to vote 
 again, but may be punished for a misdemcanoi- in nt tempt- 
 ing to commit a fraud against the public. And the City 
 Council may make such further regulations to prevent 
 frauds in the election of Mayor and .vldermcn as they may 
 deem fit. 
 
 The election for Mayor and Aldermen shall be held on is52.x11.191. 
 the first Monday in November in every alternate year, in 
 the series commencing with the year 1^58, and they shall 
 hold their offices for the term of two years. 
 
ai8 
 
 A. \ IT» 
 ■'lO. \II 14 
 
 ' ''• Tlii'V sliall meot within two <lays after tlio oleotion :iini 
 
 '*"""'"' t:tke tlie oatli of oftirc. and tt-n Aldonucn. with tho Mayor. 
 
 shall ronstitute a quonim for ordinary husinoss : hut foi- 
 
 the ini|>osition (»f t^ixi-s. no Ks.s tlian the Mayor and twelve 
 
 Ahh'rnitii >hall eonstitute a quorum. 
 
 i-ii \r''V4 'i 7 "isitf ' ''^' -^Ij^'ii'i^^^rs t«> ccindmt thi' saitl eUetion shall he 
 ^'./•■' . , , ., appointetl hv the City Couneil, and a i>oll sliall he oin'iied 
 ..i,..r, «n.i «h.n j„ ^^^^^.]^ „f ^1^. fj„jp lower wards, and also a jtoll I'or Wards 
 Xo. r» and <). witliin the limits of Wards No. ') and (J, and 
 another jtoll for Wards No. 7 and ?>, within the limits of 
 Wards No. 7 and H, at sueli [daees as may hi' designated 
 hy the City Couneil, on the eharter-day in eaeh alternate 
 year, from tlie hour of nine o'cloek to the hour of twelve 
 «»'cloek in tlie forenoon (inelusive of the latter), and from 
 tin- hour iif two o"c-lock to the hour of fivo o'clock in the 
 aftcrnottn (inclusive of the latter), an<l the residents shall 
 vote at that poll which is opcnetl in their respective wards 
 or divisions, ami in no other. 
 
 Jiirlsdioiiov of Mni/nr mul Ahhrincn. 
 
 nip^r lto.-*"Tiir(!(y The May()r and Al(h*rmen shall he known hy the name 
 and style of '* 1 he ( ity Council ot ( harleston, and i)y 
 that name shall sue and he sued: have perpetual succes- 
 si(Mi of memhers and a commt)n seal, and he capahle in 
 law to purchase and hold lor the use of the City any estate, 
 real or iiei-sonal. within the I'arislies of St. Thilip and St. 
 Michai'l. with power to alien and dispose of the same, or 
 aii\ jtarl thereof, on account of the city, as they may dei'in 
 lit. 
 
 III. 
 
 .\iilli<irit\ ill iiialiir 
 
 .\ii(l they .-hall he \ested with full power and authority, 
 ''•*'"'■'■ from time to time, under their ((immon seal, to make and 
 
 estahlish such hy-laws, rules and ordinances respecting the 
 harhor, streets, lanes, puhlii' huildings, workdiouses, mar- 
 kets, wharves, puhlie houses, carriagi's, wagons, carts, drays, 
 [lumps, huckets, lire-engines, the can* of the jioor, the 
 legulation of seamen and disoi-derly people, and every 
 other hy-law or regulation w)i\i'h shall ap[)ear to them con- 
 
319 
 
 venient or necessary for preserving- peace, order and good 
 government within tlie said eity. 
 
 Tins; City C'onneil sliall also have power and authority to it. ^^ 
 affix and levy tines to the amount of one thousand dollars to lay ami r..iir,i tinoK. 
 for oifences committed against their by-laws, and to receive 
 all penalties that may be incurred under their l)y-laws, or 
 any law of the iState respecting the interior reguhitions and 
 police of the city. 
 
 They shall also have power to appoint a Recorder, City jg,-^;:'^;^^'']-^..^.'.','''^^ ''• 
 ^heriti; Clerk, (\)roner. Harbormaster, Fire Masters, Con- To-ippnint oiWrH. 
 stables. Deputy Kseheator, and all other officers necessary 
 or convenient for carrying into etlect the [)0wers vested in 
 them, and to appoint and Hx the salaries and fees of all 
 such officers. 
 
 And the Citv Counc-il shall have V)ower and authority to, a a.. ns:i,vn,!)s.?4: 
 
 " ^ '' 1^54. XII, 3fil. 
 
 lay and assess such taxes on the inhal)ilants of Charleston, Taxes an.i assoBsmcnts. 
 and those who hold taxaljle jtropcrty within the corporate 
 limits, including the real estate and banking-houses of 
 banks, as they may deem necessary or expedient for the 
 purpose of etfecting the objects of their jurisdiction. 
 
 On complvino; with the conditions hereinafter men- ism. xu :!7f.. 
 
 ^ ■. . ., T(i subscribe to rail- 
 
 tioned, the City Councu shall have authority to subscribe •o'"'''- 
 to the capital stock of any Railroad, I'lank Road or C'anal 
 company, and bind the inhabitants to the payment of the 
 money subscribed. 
 
 The City Council are vested with full power and author- a. a..i7s4. \ ii ioi,?;t. 
 ity to regulate, from time to time, the price and assize of 
 bread. 
 
 They shall have full power to api)oint the Commissioners a. a., itao. vn kui. 
 
 ^ *- ^ To apiMiiiil r-<iiniiii(«- 
 
 oi Roads tor tlie ranslies of 8t. l^hilip and St. Miehael. si..n.r« ,.f i{.«i.is. 
 The Mayor shall hold the Police Court, and have })ower A.A..i8.'<f,. vn.i4«.^4. 
 
 , 11 jA- 1 ^11 1 , 1 ,• 1 • 1 1 Mayor to hoM I'oIiit 
 
 to cause all ollenders to be brought before him tiiere, ando.nn. 
 either release, admit to bail or commit tiiem to the exam- 
 ination of any Magistrate or to the custody of the Sheriff 
 
 of Charleston district till diseharged Ity due course of law, 
 
320 
 
 and hIuiU liavc jtower to imi»ose fiiu's tor l>rojU'li of any of 
 the City onliiwinccs, not ext'codiiijf twtuty dollars. Ho 
 Bliall be invested witli all the anthority of a Justiee of the 
 Peaee witliin tlu' corporate limits of tlio city, and may 
 isHUe compulsory process to enforce attendance ot" wit- 
 nesses in tlic I'lirn-i' Court, and |iiniisli as for i-ontcmiit all 
 persons who, in the j>rescni-e ot" the Court, may 1k' i^uiity of 
 anv riotous (U' di.>iorderly conduct, or in any other manner 
 pJ^e'"" ■'"''"'^' "^"'"'"^^■'■'■"1'' nnlawfully the i.r(.ceedinirs of said Court, lie 
 shall also possess jiower and auth()rity to issue compulsory 
 process to enforce the attendance of witnesses before the 
 City Council. t(» testify on any subject within tiieir jurisdic- 
 tion. 
 
 A. A. 17K.1. vn. 99. In case of a threatened tuintilt or riot, tlie .Maxor shall 
 
 Imi.v iif Mayor in <■•-•.<• . i • i i / i • / < • i i i i 
 
 ••friuti.. immediately summon the City C ouncil, and oidiT tlie at- 
 
 tendance of the Constables and City (iiiard to provide for 
 the suppressinui; of the disorder: and if any person in the 
 l>ay of tlie C'ity do refuse to obey the oiders of the Mayor 
 ill re<;ard to any measures for keepinu- the pi-ace, he shall 
 forfeit not exceediiii:: fi1"ty dollai's; and any otliei' jierson in 
 like <'ireiinislances. shall forfeit a sum not exci-ediui:" 1 wenty- 
 five dollars. 
 
 lb. J 5. In i-ase of the Mayor's sickness or temporary absence. 
 
 City Council to ajipciiiit , , ,■ i i i- i i. i- /r i n i i i 
 
 • Mnyor pro tern. tlicdutyol liolt U U U' t llC [(thce (olirt slulll (IcVol VC OU t llC 
 
 Aldci'meii. in rotation: and they shall in the meantime 
 ajijioint one of thi'ii' niimlier lo act as Mayor pi'o li'in., 
 who shall for the time bciiiu' e\ei(i>e iln' powei's and dulieis 
 of Mayor. And the Mayoi- shall not. by any t<'mj)orarv 
 absenct' from the State, with tlie eousnit <>\' the City 
 Council, vacate liis ollice. 
 
 A.A.. i«'.''i.vn,.Tj2,SJ. Tlie ("jerk and Sbei-iff (»!' the ("itv Court of Chai'leston, 
 
 < 1.1 k mill HUoriff Citv . * i i - • • ii 
 
 • oiiH. shall herealter have tlu' same powers and authorities, in all 
 
 cases within the jurisdiction of the said Court, as thc( leiks 
 ami Sheritfs of the Superior Coui'ts oi'law in this State now 
 ha\'e. 
 
 A. A.. 1M8. VII. 3i'.i. The charu'es and fees of the several ofHees of >ai(l City 
 
 J 2; IHOl, VII, 303. nil. , 1 II 1 , -I 1 
 
 VvvK. Court shall be the same as in tlie Court ol Sessions and 
 
 Comuiou Pleas in like cases. 
 
321 
 
 The Clerk of the City Court may grant orders for bail oni^-^^fi,,^?;^''''" 
 during the pendency of all actions now or hereafter brong-ht 
 in tlie said City Court. 
 
 The jurisdiction of the City Court of Charleston shall be ^„,t,?rHo;.''!.f 'cu, 
 limited to the trial of causes arising under the Ordinances *^'"""^" 
 of the City Couneil of Charleston, and the Kecorder shall 
 sit at such times as may be fixed by the Ordinances of the 
 City Council of Charleston from time to time. 
 
 The Mayor and Aldermen have authority to take up all a.a iTo.^vir.mji. 
 
 'J .; r Autliont.v t" take up 
 
 strollers, beggars and vagabonds, and compel them to "*■■"""•"•■"''' ^""es'"«- 
 
 labor, if they are capable of labor, and to make all such 
 
 rules for the regulation of such persons as they may 
 see fit. 
 
 The City Council shall have the exclusive authoritv of a. a .nw. vn us. 
 
 ■' ' ( )iiciiing new streets. 
 
 opening new streets in the city, and no new street, lane or 
 alley shall l)e opened by any person on his own lan.d with- 
 out a plan being first submitted to the Commissioners of 
 Streets, who shall view the premises and report to the City 
 Council their opinion of the proposal ; and if the City 
 Council be satisfied that the proposed passage-way is suffi- 
 cient for circulation of air and accommodation of passen- 
 gers and vehicles, the street, lane or alley may l)e o})ened, 
 and it shall tlicnceforward l)e deemed a public street. 
 
 And if any person shall open a street or common way on n>,?2. 
 his own land, or on the land of another, in the City ofs!'<"''-< >vitii....t imi,)..!- 
 Charleston, contrar}' to the above provisions, he shall be 
 liable to a penalty of forty dollars per week as long as it 
 remains open, and the penalty may be sued for in tiie 
 Court of Common Pleas, by the City Council or by any 
 one who will inform and sue for the same. 
 
 The City Council iirc authorizi'd to build a jiowder mai:;- a. a., isoo. vii. 127. 
 
 ' . , ' I'owder Miigazinc totw 
 
 azine on Ashley rivci-, and take the tees allowed tor thebuiit. 
 storage of gunjtowder, and the said magazine shall lie ojien 
 to receive gunpowder on storage from ])erson8 living in 
 (Miarleston. 
 21 
 
322 
 
 A. A- im: VII i.M. Tlicro sliall bo a lioanl <»f nine ijrave and discreet citizens 
 .r»..f t«ir.-ri. Qf Charleston, appointed l>y the tienerai Assembly from time 
 
 to tinie, to assist tlie City (\nineil with their a<lviee and 
 jud,iz;ment in any proposed j»hin for widening J^ny streets in 
 the eity. To that Hoard the City Council shall submit all 
 pn>jects for the openini; of streets aj»proved by them; and if 
 the Board sanction and approve of the project, the City 
 Council shall be autlioriJced to j»r(»ceed. at the expense of 
 tlie City, to <'arry it into execution by purduisini; the lots in 
 their way, or so much as may lu- necessary for giving t<» the 
 street a jiroper width. 
 
 "' JA In case the owners of tlu' a«lia(H'nt lots to be convci'tcd to 
 
 jiuldic use, refuse to sell or demand a }tricc which exceeds 
 the just value, in the opinion of the City Council, then the 
 true value shall Ije assessed by referees mutually a])pointed. * 
 To this (11(1 the City Council shall iianio three or more 
 frceh(»l(leis, and the owner of the lot to be valued shall 
 name jyi e(nnil number, and in case of tlisagreement the 
 referees shall call in another freelioldcr as an unpire, and 
 the ]>riec assi'sscd by a majority (^f the referees or the 
 umiiire shall be taken tor the true value; on the i>ayment 
 or tender of which the title to the U)t in (piestion shall vest 
 in the City Council, and they shall be authorized to enter 
 upon it and proceed with their work. 
 
 ii'>nimLi..i,ei» to hjh ^ut if tlic pro}>rictor refuses to appoint referees on his 
 ,..^,t Kerens (..cemin J ^.^j.^^ Or thc referccs disagree and refuse to appoint an 
 umpire, then the Hoard of nine, (»n the ai)plication of the 
 C\\\ Council alter ten days notice to the [ti'opi-iet(»r, may 
 appoint an um|>ire to settle the question between the 
 [lai'tit's. 
 
 A 
 tM9 
 
 .^••. '.^V /!'• vi'.- When a street has been wi(U'ned pursuant to the above 
 
 . VII 141 : IK.'HI. Ml. ' 
 
 •'^„ , ,, . authoritv, the expense shall be di\ided between the Citv 
 
 ►u.-.riH.i..>«i.,i,r.iivi.ie.i.(j^^y,jj^j[ .^jjj ^|jy owucrs ot the lots fronting on such street. 
 
 \. A.. 1K.V'. .\ii,.')». The C'ity ('oinicil mav aitpoint six Coiiimissioneis, Irec- 
 
 AppuiiitiiiL-iit of Com- • , .' . 
 
 ii.iMioii.TH In wertairi holders and residents of the city, and the proprietors nniv 
 ajipoint six more, who shall be sworn to discharge their 
 duty faithfully, and proceed to ascertain the whoh; ex|)ense 
 
323 
 
 of the improvement, and the lialt'ofit shall ho home hv the 
 
 City, in consideration of the general henefit, and the othei- 
 
 half hy the owners of the lots aforesaid. And tlie Ooniniis-^.,;^';:;;';'*''''"''^^'^*''''"''''^ 
 
 sioners aforesaid shall assess the owners on hoth sides ot 
 
 the street with their due proportions of tlie exjjense of 
 
 widenino^ it, taking into consideration the advantages and 
 
 disadvantages to such owners, severally, in each particular 
 
 case. 
 
 The assessment shall he made out in writing hy the Com- ii.. 
 missioners so appointed, or a majority ot them, and the assessments. 
 
 , ,, ,, .1 • • I eifv Council ni.av soli 
 
 owners shall severally pay their respective shares as ascer-in lU'fauit of pM.v.M.nt. 
 tained hy the report; and on failure to do so for ten days 
 after demand, the City Council may advertise and sell, 
 according to the rules prescrihed for tSheriff's sales, the 
 'house or lot on which the assessment remains unpaid — 
 returning the overplus after satisfaction of debt and costs, to 
 the owner. 
 
 But if anv owner, within ten days after demand of his '•'• 
 
 •• '' Owners iiinv .■ip|K'!ii. 
 
 proportion of the assessment, shall give notice of appeal, 
 
 the proceedings of tlie City Council shall he suspended till 
 
 the appeal is heard. And the Court xnay order the ques- vndict ..r ti.c .i.ny 
 
 tions raised by the appellant to he tried by a jury, and the 
 
 verdict of the jury shall be conclusive unless a new trial be 
 
 granted, and the amount awarded again.st the owner shall 
 
 be a lien on the proi)erty assessed, superior to all others. 
 
 If the owners, after a meeting called by the Citv Council ii>. 
 
 /. ,, ^ ^ i 1 i *.,,".. Oit.v Coilliril iii;iv a|>- 
 
 tor the purpose, retuse tor ten da\'s to appoint Commission- 1"''"' c..ii.iiii«si.»n.rH rnr 
 
 , . , , ,^ , ,, . . . till' owner* iiiciKiMiftlioii 
 
 ers on their behalt, the Commissioners aj)j)ointed hv tlie ""e'^H" ■""■«■'• 
 City Council may proceed without them, and the judgment 
 of a majority shall be final between the parties, unless set 
 aside by appeal. 
 
 The City Council may compel the owners of low-water n-.. h^ 
 
 1 . . 1 • i-ii ii ' 1 1 1 /' 1 T . . Wilier lilts iiml rellmii 
 
 lots to drain or till them up to the level oi the adjoining •■•i>eiinniieii. 
 street; and may also comiiel the owners of cellars liable 
 to be occasionally filled with water, either to have the wat<'r 
 pumped out or drawn off within five da3'8, or to till up the 
 cellar within two weeks tVoni notice in writin<r. The re- 
 
 iiirlusivn. 
 
324 
 
 fiisal of tlio owner either to drain or till up a low-water lot 
 or to eniptv or till up a cellar, shall suhject him to siieh 
 tine as the Ordinances of the City may impttse; and it shall 
 also he lawful tor the ('ity to till up the lot or the cellar, or 
 otlicrwise remove the evil, at the expense of the owner, 
 and to recover the expense hy an action ot deht against the 
 owner in the Court of Common I'lciis or the City Court. 
 
 Nonri'^iiarl.'tTbe ^«* new.cllar shjill \)c (lug iu Charleston, or any other 
 ^"''^ town (IP \ill:iL''e within twenty miles of the sea, nor any 
 
 suhterrancan excavation made, except for wells, cisterns, 
 i<e-liouses, privies or drains. 
 
 ••'• Anv person (ttfendiny; heuein shall forfeit the sum of five 
 
 hundred dollars, to he recovered hy action of deht (pii tarn, 
 or hy indictment — one half to the use of the informer, and 
 the other half to the use of tlu' State. 
 
 '.''• , ,„ . The miiiiiiiiial authorities of Chark'ston. or anv town or 
 
 to »«; flii.Hi ,i|.. \illa_iie aforesaid, are authorized and reiniired to till up. at 
 
 the expense of the ofi'ender, all cellars unlawl'iilly opt-ncd 
 or dug as atoresaid. 
 
 The conditions upon which the City Council of Charles- 
 ton may suhscrihe to the capital stock o[' Kailroads, I'latdv 
 Koads and Canal companies, are as follows: 
 
 A A . 1N54 XTI..17:.. First — A careful survey or reconnoisance ol' the route of 
 
 (lIV KllllNCn|lll(lll to •' 
 
 liin..,.!. I'lunk uoH,ih. ^1,^. Hoad, witli detailed' estimates of the prol.ahle cost of 
 
 c. I 
 
 the work according to the design, must lia\c heen lirst 
 made hy competent scientilic surveyors or engineers, and 
 pul)lisiicd for general circulation, hefore any aition of the 
 City Coum-il on tin' suhjeet. 
 
 Second — Tlic Citv Council, at a rci^idar statt-d mi'Ctini; 
 of the Boar<l. must jias8, by a nuijority of the whole IJoard, 
 a Resolution aitirming the sense of the Council that the 
 (Mty otiglit to suhscrihe, and to what annmnt ; specifving 
 the nunilier and descrijjtion of shares which it is exjiedient 
 that the City should take, and declaring the intention of 
 Council to suhscrihe accordingly, if sustained \)y the voice 
 
325 
 
 of the citizens. But the proposal shall in no case extend 
 to subscribe for more than onc-fourtli i)art of the shares in 
 the Road, or the capital stock of the Company. 
 
 Third — This Kosolution shall be published in all the 
 newspapers in the city, from day to day, with a notice that 
 the sense of the people will be taken on the point whether 
 the subscription should be referred to a direct vote of the 
 citizens or not; and inviting all ])crsons who arc entitled 
 to vote for Mayor and Aldermen of the City of Charleston 
 to attend, on a day certain, not less than ten days in ad- 
 vance and in the daytime, at the City llall, to consider in 
 a public meeting the propriety of referring the jjrojtosed 
 measure to a direct vote of the citizens of Charleston. 
 
 Fourth — The people, assembled in pnrsuance of this 
 notice, shall decide, by Resolution, after full and free dis- 
 cussion at the same or an adjourned meeting, whether the 
 proposed isubscription shall be referred to a direct vote of 
 the citizens, in their several wards. 
 
 Fifth — If the majority of the meeting decide that the 
 question of subscription shall be referred to the voters 
 themselves, the City Council shall proceed to give notice, 
 in all the newsjiapers in the city, for at least seven days, 
 that a vote will be taken on a day certain, in all the wards 
 of the city, on the (piestion of subscriiition or no subscrip- 
 tion. And the Managers of Elections, on the day app()int- 
 ed, shall attend at the }ir<)[)er places, and open the jtolls at 
 the jiroper hours, to receive the votes of all persons entitled 
 to vote for Mayor and Aldermen of the City of Charleston, 
 on the question of subscribing to the proposed railroad. 
 The vote shall be by ballot ; those who are in favor of the 
 subscription shall ]»ut into the ballot-box a written or 
 printed vote, with the word "Aye;" those who are opposed 
 to subscribe shall juit into the ballot-box a vote with the 
 word ">^o." And the Managers shall count the votes and 
 nnike a return of the result to the City Council as soon as 
 possible, which return shall be published in all the <iaily 
 papers of the city. 
 
Sixtli. — It' tlic* iiKijoritv <»! the vittors bo for sulisnijttion. 
 it shall tlioii. ami iit»t ht-toro, he hiwtiil tor tlio Citv C'oiui- 
 c-il to liiiid the City hy a suhsrrii>ti<»ii to the amount sj>eci- 
 ticd ill the rt's»)hitioii siihiiiittid to the jK'oitlo; jn'inldrd 
 tliat siieli amoiMit do not exceed one-t'ourth }>apt of the 
 whoK- stock or eajiital of the Koad. Tlie suhsen}>tion 
 need not he under tlie eorporate seal, and may he made by 
 "'■ ^"' the Mayor in hi.s jiroper name, and hy his otHeial title. It 
 
 shall not he lawful for the ('ity Coumil to pay their snh- 
 serijition by endorsinj; (»r ginirantyiiijj: the notes or oblii^a- 
 
 ,,.^|:?,,i,';^7M,mi,r '" ' tions of the Conijiany ; hut they may raise the money by 
 
 issuinii- bonds or scriji, In-arini; interest at the rate of not 
 more than se\eii per cent., payable yearly or lialf-yearly, 
 and the ]»rineipal redeemable at a period of not more than 
 twenty years from the date thereof. 
 
 The same eonditions shall aiijily to Railroads, Plank 
 Koads and Canals; and all siieh subscriptions in any such 
 work by the City, shall hi; void unless in striet conformity 
 thereto. 
 
 All subscriptions iieretofore made by the City Couiuil to 
 the biiildiiiir of any railroad or plank road, oi- makiny- of 
 any canal are ratiiied and eontiinied, and shall be obliga- 
 tory on the ('ity. 
 
 ">.. ?:5. l>ut the C'itv Council shall not in future subseribe to any 
 
 .SiiliKcriptiuii 111 Kail- _ • _ •' 
 
 ruHds .t.-.. witiiont iiuKailroad, riank Koad or Canal, without the limits of the 
 
 Stiitc null aiitl void iin- 
 
 I...S min.iinn-.i i,v ( .-Htate, unless siieciallv ami exiiresslv autliorized bv tlie 
 
 General Assembly : and without such express authority, 
 every such subscrijition shall be null and void, and entail 
 no le«^al oblii;ation on the City. 
 
 /i((/i((<iliitits for ilic Order oj litisinetis. 
 Wharfage and Storage. 
 
 A. A. |so7. VII. IJJ. 
 
 The followiini' rates and suiiis shall i)e paid, and no 
 gi-eater shall be deiiiaiided by owners ol' wharves, or any 
 olliei' pi'i'soiis, lor wharfage oi" ships or vessels, or for land- 
 
327 
 
 ing, weighing and storing of the articles of rice and cotton, 
 upon the wliarvcs in Charleston, viz. : 
 
 For landing every barrel of rice 4 cents per barrel. 
 
 For weigliing '' " " 6 " " 
 
 For shipping " " " 4 " " 
 
 For storing " " '' 8 cents per week 
 
 for the lirst and hist weeks, and four cents for each 
 intermediate week; and storage of half barrels at 
 half price for wliole barrels. 
 
 For landing every bale or case of cotton, 4 cts. per bale or case 
 
 For weighing '• " " " 6 " '' " 
 
 For shipping " " " " 4 " " 
 
 For storing '' " " " 8 " 
 
 for the tirst and last weeks, and four cents per week 
 for each intermediate week. 
 
 For the dockage of every vessel (coasters excepted), load- 
 ing or unloading, of or under one hundred tons, 
 50 cents per day. 
 
 From one hundred tons burthen to under one hundred and 
 fifty tons burthen, 75 cents per day. 
 
 For every vessel above one hundred and fifty tons burthen, 
 $1 per day. 
 
 For every idle vessel, double dockage per day. 
 
 The City Council shall be invested with the power to tictmlT'"" '*' 
 grant licenses under any regulation they may impose, or 
 refuse them, in their discretion, to grocers of the city 
 selling at retail ; and also to any other person selling at re- 
 tail within the harbor of Charleston, or on the deck of any 
 vessel, or on any of the wharves in the city, and may de- 
 mand for every such license, a sr.m to be fixed at their 
 discretion. 
 
 It shall be lawful for the City Council by ordinance to .^/.^ vll^j^^iJ'l.'.il.lJ^^ 
 impose i)enalties on retailers of spirituous liquors selling i'"'"'"'-'* 
 witli(»ut license within the cor|>orate limits of the city, and 
 to sue for such penalties in the City Court or any other 
 (%>urt having jurisdietion. 
 
 It sliall be coniitetent for the Citv C(«uneil to regulate a. a., iwo. vim4.1 
 
 ' • . . , T" rpgulnte the Mir « f 
 
 and control the sale of grain in tlie corporate limits of theK'«'" 
 
328 
 
 citv l»y iiieasiireniont or \vi'i<rlit, or Koth, in siu-li nuiimcr as 
 will ensure a fair, ecjual ami unifoiin rule between buyer 
 and Beller. 
 
 i^Kvto^«"iVi>"me. 'riic Juris<liction of tlie City Council sliall extend to tin- 
 ineouK' and profits of persons residinjx out of tlie limits of 
 tlie city, derived from business carried on in tbe city, on 
 wliicb business tbey may lay tbe same rates as })ei*8()us resi- 
 (K'Mt in tlu' city arc liabK' to. 
 
 ■n. m«k!^nVniuti!m-<' '''''^' Ci tv ( '( uu ici 1 sl Kill 1 lii vc j u Hsdictiou to regulate tbe 
 
 fiir fire ami uxe roinitH- i .; i" O i' • I ' i.\ ' a.\ ' j. 
 
 „i«,. duties ot all lire com}tanics and axmen within the city: 
 
 and all tire companies and axmen in tbe City <»f Charles- 
 ton, incorporated by tbe (leneral Assembly, shall be sub- 
 ject to such rules as tbe City Council or the ^^>a^(l nf Fire 
 Masters, with their ajjprobation, may prescribe : Pioriilal, 
 tliat said companies shall not be called out more than four 
 times a year for exercise or inspection. 
 
 c!*Miiij;»iic-« n..t to ex- The mciiibcrs of an iiicorjioratcd company of axmen 
 
 <-<H'd firiv iir ri^litv men. ,v , 1 1 . * . i xi i-. ^^ 1 x- • .1 
 
 shall not exceed titty, nor the members ot an iiicoriioiatt'd 
 lire eomitany eiicbty al)lc-l)t»dic(l men ; nor shall the mem- 
 bers of an iiicorjiorated company, whether firemen or 
 axmen, fall below the nuiiil>er oj" lliirty. The iiieiiilters 
 of such companies shall be exempt from militia duty, 
 except in times of invasion or alarm. Jiut if tln> members 
 of any of said com})anics be rcchiced below tlu- nmiibers 
 hereby required, tlie com|tany shall lose the privilcijes of a 
 eori>orate body, and the members be liable to militia duty. 
 
 And it shall be the duty of the Nfayor to inspect the 
 said eom[)anies from time to time, and see that the number 
 of men is neither increased nor diminished bi'yond the 
 limits hei'cin jirescribcd. 
 
 City co'i.Ktui.ies exempt '" coi isidci'at iou of (lie ardiioiis duties pi-cscriluMl to the 
 
 rriiiii iiiililia (liitv. /I'i /i ill • i* i- x? ,i i- i ,• 
 
 City Constahles m tune of fires, they are relieved Irom 
 militia duty, excejit in times of invasion or alarm; but the 
 privile«i^e is confined to the number of twenty-four. 
 
 '<'..§ 4 The Kile Masters ai»i>ointcd bv the Citv Council shall 
 
 i'iru Miii4t»TM |i.iw.i», . 
 
 have the exclusive manay;einent aii<l control at all lires ; 
 
829 
 
 and all persons, whether inenihers of the fire conipjuiies or 
 not, who ure present at any sueh fire, shall ohey the orders 
 of the Fire Masters ini[)li(.'itly : lint if no Fire Master be 
 present, the Mayor and Ahh'rnien shall be obeyed in the 
 orders they may give. 
 
 It shall be the duty of the City Surveyor, under direc- uinV'.^mt^survy.r: 
 tion of the Mayor, to see that all eneroaehments on the 
 harbor of Chai-leston be proseeuted and prevented as nui- 
 sanees or ]»ur[»restures. 
 
 The Citv Couni-il of (Miarleston are authorized to a('eei)t ,V,)- '**'!.',?,", ''f- 
 from the Ti'ustees of the College of Charleston a surrender 
 of all their funds for the use of the said College, and for 
 the pui"p(^se of re-establishing its exereises. 
 
 The said College shall be a body politic and corporate, initr vi'i.m'.gjV'**' 
 The Mayor and Recorder shall be Trustees ex-offieio. '''""'"'"'• 
 Three otlier Trustees shall be elected by the Cit}'^ Council 
 annually. They and the other sixteen Trustees shall form 
 the Board of Trustees, and shall be known in law as The 
 Trustees of the College of Charleston, and shall have per- 
 jietual suceession of members, a eomnion seal, and be (•a})a- 
 ble in law to sue and be sued, ami to take ami hold lands, 
 go(^ds and money, not exceeding in the whole the yearh' 
 value of twenly-H\"e thousand dollai's, and the same to dis- 
 }K)se of as they shall think i»roper for the use of the corpo- 
 ration. They sl/all meet on the Monday preceding the 
 third Wednesday in October in each and evei-y yeai-, or 
 such other day as the Board of Trustees may direct, at the 
 College of Charleston, and elect a President of the Board 
 of Trustees and such otlier officers as they may deem 
 necessary, to seive for the ensuing year or until a new 
 eleeti(Ui. 
 
 On the death, resie-nation or removal from the State of \- a.. itm. v. iw. {la. 
 
 •' TrnstcoH to fill vacaii- 
 
 any 'j'rusti'c, the Pi'csident, or in liis absenci' the next pre- ''••"'" •'"•'*<"""''■ 
 siding ofiicer, within three months, shall summon by ten 
 days notice a meeting of the Ti'ustees, who, not less than 
 elevi'U being present, shall fill the vacancy by the choice of 
 am)ther Trustee. 
 
330 
 
 Aiiih.frit.v uf TriiMr,-.. '^''^' 'I'ni^tfes sliiill liavc power to niaki' all rules tor tlie 
 regulation of their own p rocked iiiirs and tin- uttirial duties 
 of their otiieers, and tor the exeeution of the trusts in tlu-ni 
 rej>osed for tht.' education of the y<iun<r. wiiirh rules shall 
 he hinding on themselves and their otHters, and on all i»r«)- 
 fcssors and students of the ("ollege. 
 
 '''• i'-^*- And tlii'N shall lia\r iiowi r lt\ thr riinciiial or Professors 
 
 of the said College to grant degrees in the liheral arts and 
 sciences to the students or otiier jiersoiis wortliy of that 
 distim-tion, as is usually granted and conferred hy other 
 Colleges in I'^nrojK' oi- America. 
 
 Kacuitr'^""^"''^''' '''"■ !''="•"' 'y ■•^''•i" *-<>ii^i^t «»f 11 I'ri-sidcnt ami such Pro- 
 fessors or Tutors as tlie Trustees may from time to timi- 
 appoint: and neither tlie President of the College iu»r any 
 Professor or Tutor shall he a memhcr of the Board of 
 Trustees. 
 
 Authority. .f Oil vcoun- '''''^' ^''^^' Couiici! sliall lioM all tlic iM'o|u'rty of the Col- 
 '■'"""^'"''''"'■^'"""^" lege transferred to them in trust, upon ihc ccuidition that 
 in case the income from those funds should at any time 
 prove inadecjuate to the expense of maintaining the Col- 
 lege, the City Council will ■^u[)ply the (U'Hcieiicy : anti 
 should the exeivises of the College at any time he nmivoid- 
 ahly suspended, then as long as they are susj)ended the 
 fund shall accumulate lor the liitnre heiu'tit of the Institu- 
 tion, till such time as they are cajiahle oi' yielding a suf- 
 ficient income to warrant them in opening the College. 
 
 Ml., |r.. The City shall not he chargcahle with the expense of the 
 
 College, uidess such ex[»ense was incurred with the sanc- 
 tion of the City. 
 
 A. A.. 1791. v.2()fi. ?ft. Xo ixu'son sliall he exclii(lc(l iVom an\ JilicrtN' or iiri\ilei;"e 
 
 Collopc fri-p to nil re- ' _ _ • ' . . . 
 
 iigious <ionomiiiutioiiN. or ;i(| N'iii 1 1 age i II till' sai«l College on account ol' his religious 
 jx'rsuasion. so long as he conforms to a soher and respect- 
 ful demeaiHU" and to the rules and regulations of the Insti- 
 tution. 
 
 \\ <i(k/i II /hn/tl/iii/s. 
 
 A.A..isn8.vii,io9 jt:, Tlic ordiiiancc ratifie<l ii\- I lie {"ii\ Council on the Nth 
 
 City Ordiiiiince Stii ' ' • 1 1 
 
 May, isas. euforcfd. day of Mav, 1838, is a(lopti'(l as the I'ule of coiidiicl in all 
 
331 
 
 cases covered l)_v that ordinance, and evcrv Frame or 
 Wooden Bnildini*: tliat niav be pnt up in the Citv of 
 Charleston, and every roof that may be covered witli a 
 combustible material, is hereby declared to be a common 
 nuisance, and as such may he abated by the Judii'ment and 
 process of any Court of competent jurisdiction ; and tlie 
 persons oftendino- herein as emph^yers and principals, or as 
 contractors or sub-contractors, shall be subject to the same 
 penalties prescribed by the said ordinance; and all addi- 
 tions to houses already erected, and all a(hliti(»ns to houses 
 and bnildiuii's that nuiy hereafter be erected, as -well on old 
 foundations as on new, shall he considered within the ])ur- 
 view and scope of the said ordinance; and the City Coun- 
 cil are fully authorized to prescribe the material, thickness 
 and mode of construction of the walls and other parts of 
 the buildiui^s, of whatever dimensions, within the said city, 
 and to make such other provisions as they may deem ex[)C- 
 dient to encourage the erection of fire-proof buildings, aiid 
 provide greater security against destruction by fire ; l)ut 
 none of the securities against fire, hereb\' provided, shall 
 be diminished by the rules that the City Council may 
 adopt: Prov'aicd., that nothing herein contained shall im- 
 pair the exception in the said ordinance as to marsli lands 
 within the city. 
 
 But Wooden Buildings, if they be covered l>y the 20th ^ ^ 
 December, 18GG, with tin, slate or other inc()ml)ustible 
 material, may be erected till the 20th December, 187G, on 
 any marsh land or low-water lots north of Market and 
 east of East Bay street, or Avest of Legare, Savage, Frank- 
 lin and AVilson streets, or of that portion of Smith street 
 which extends from l^eaufain to Calhoun street: Provided, 
 that after the 20th December, 1ST(). the City Council or 
 the General Assembly may cause any such Wooden Build- 
 ings to be taken down. 
 
 All wooden buildings put up since the 8th May, 1838, (i'.-„^,;„ ),„ii.iiiiir!. 
 on any marsh, mud or water lot, may stand as long as the "h^;""'' '""''''"'' •'^'"^- 
 City Council and General Assembly continue to be of 
 o))inion that ihc itublic good does not require their re- 
 moval. r>ut if such buildinir be nn^rc than one storv high. 
 
 !>-,•.•■.. Ml. :,:;r, 
 
332 
 
 it must, before tlie I'Otli Deieiulivr, l.s»)«). lie eovcrod with 
 slate, tin, or some other iiieomhiistihle material: And the 
 City C'onneil shall cause a re«rister to he made of all sueh 
 huiidinijs, and take note of those which are more than one 
 st(nv hiirli, und of those tliat are covered witli inc«.uiihusti- 
 hlc iiiatcrinl. 
 
 It'^^.rl!'' After tin- 1st .hiimarv. Ist'.J. no rot»f in the City oi' 
 
 Charleston shall he re|iairtd with comhustihle material, 
 and all jicrsons, whether owners, emjiloyers or aijents 
 • ottendiiiij: lierein, shall he suhjcct to the penalty di-nounced 
 
 in tlie ()r(linan<-e of" the Stli May, ]X'-)X. air;»inst those en- 
 ga^eil ill \i((latiii<i: its jiroxisions. 
 
 Brii-ii ii««.-m.iii. A woodeii liuildiii-r may In- raised on a Itaseiiieiit of 
 
 hriek, or a st(»rv may he added to siieli a hnildin;:; j»i(»vided 
 the roof he made of inccmihustilile materials. And if con- 
 trary to the condition aforesaid sii<li a hiiildiiiii- he covered 
 with shini^les or any comhustihle material, all persons 
 offending therein, whether owners, emi>Ioyers or agents, 
 shall he liable t(> the penalties (hMionnced in the Ordinance 
 of 8th May, 1838, againcit the erection of wooden iMiildings 
 in the City of Charleston. 
 
 tMiinm'il^l'i'i'.'pUoH ^^ " I":"'"*'' "1 cliiiiiiiies, licai'tlis aud fireplaces in dwel- 
 
 !;r;,'l;r...' """''■" rmg-houses shall be buiU of bnck or stone. Any house 
 
 witli a chimncvplace or firejilace oi' any otlier material, 
 may be piille(l down as a iiuisaiiee ; and tlie p(M"son who 
 may build a housi' witli a chimney, lu-artb or iirephu-e of 
 any other material, shall be liabU' lo a line of two liundred 
 and lifty dollars, to be recovered by a<-tion of debt tor the 
 use of tlie city. 
 
 A. A.. 1713, vn.M. g2. Kverv iierson bnildiiii:- a d\\i'Hiii<:--liouse with lu'ick iiiav 
 set half the pai'titioii wall bi'tween his neighbor and him- 
 self on his neighbor's ground, so he leave a toothing in the 
 corner of such wall lor bis iii'iglilior to adjoin unto: and 
 his neighbor, when be builds, sliall pay half the expense' of 
 the partilion wall so I'ar as he makes use of the same. 
 
 A. A.. 1K.W. .\ii.-2{(4. All timbiM" shall be sold in Charleston by board or super- 
 
 TinilxT. how Hold. . • i i i • i ' i 
 
 hcnd measurement, uiuess by spt'cial contract betweeu 
 buyer and seller. 
 
333 
 
 There shall he one or more Tiispeetors and Surveyors of {lJ;pf.^rt;„.. 
 tiiiiher, wlio shall he annually elected hy the V\ty Council 
 of C'harleston, who shall have authority to measure all 
 tiniher hrought to that market for sale. 
 
 The Surveyor and Inspector of timher, hclore entei-ing jl,';.,f;.e,„,. i„givc i„„„i. 
 on the duties of his oiiice, shall give Itond to the City 
 Council, with two g(K>d sureties, in the [>enalty of two 
 thousand dollars for the full discharge of his duties, and 
 take and suhscrihe the following oath : 
 
 I, A B, do solemnly swear (or affirm) that 1 will faith- 
 fully perform all the duties of lns[tector of tind)er in the 
 City of Chai'leston. as ])i'cscrihed hy the Act of the General 
 Assemltly providing for the same, so help me (Jod. 
 
 The said hond shall l)e recorded in the office of the Si'- [^'i.j.'wiK.n- m-..ni.-.i. 
 cretary oi State in Charleston, and may he sued at the 
 instance of the State or of any person aggrieved hy the mis- 
 conduct of the Inspector. 
 
 It shall he the duty of the Inspector, at the recpiest of !!,';iv,"i ims|m(1,.i-. 
 the owner or huyer of tind)er, to measure hy superticial 
 measurement all timher hrought to the city for sale, and 
 give a certiticate speciiying the (piality, kind and (pnmtity 
 of such timher, and the mnnher of pieces in each raft. 
 which certificate shall he evidence of the contents hctwecn 
 buyer and seller. ]>ut nothing herein contained shall pre- 
 vent any person from buying or selling timher in bulk 
 witliout measurement. 
 
 The Inspector shall be entitled to eight cents per M. feet ^,.:V-^^'''" ^" '■" 
 for measuring ranging timber, and giving liis certiticate. 
 
 No person shall ai)i)ropriate to himself hnnber or tind)cr a. A..iK.vt, xn.w4.^4. 
 
 .... » 1 ' LuiTilicrnilrin. 
 
 found adrift. And if any person .-.hall take up ami sell 
 any hunber or tind»er fonnd adrift without paying tin' jiro- 
 ceeds, after de<lucting expenses, to the owner on a|»plica- 
 tion, he shall be liable to be indicted for a misdemeanor as 
 well as to be sued in a civil action by the injured }>arty. 
 
334 
 
 Lispcction of Flour. 
 i*^'>' -Ml ••. Tin- Citv (\»nncil of Cliarlcstoii mav aiiiioiiit an lii- 
 
 A. A. I-".-.*. Ml. .11;. • . .11 
 
 *•"•"•■'• specter of Hour. Before entering upon the discliarge of 
 
 his ofiico, tlie Inspector of f^lour shall give a 1)on(l, with 
 good security to tlie State, and take oath hcfore the (Merk 
 
 in.|H-<..r Ki.viiriati.i of Council, lop thi' faithful iKilorniancc of liis (hities. The 
 
 ((iialiliiilioii. , ' 
 
 hond sliall he in tlie })enalt_v of two thousand dollars, and 
 he a|iproved hy the City Council, and lih'cl in the oiHci' of 
 the Srcritary of State in Charleston ; and llu' oath shall 
 atHrni that he will inspect, without fear or favor, malice or 
 partiality, all Hour and meal suhniitted to him for inspec- 
 tion : that lu' will Itraiid cvH'ry cask or hag inspected hy 
 liini with the jtropcr hi-and oi' mark, according to its 
 • [uality ; that he will pass no flour (»r meal as merchantahle 
 that is not sweet and sound, nor place his hrand on any 
 cask or hag that is not of good material and in good oi-dcr, 
 according to the l)cst of his skill and Judgment. 
 
 A. A., isr.it .\n ^ 2 4; 11(3 shall liore or iiicrce everv cask lor a thorou2:h in- 
 
 IKiC, Xn. .'>47. , ^ ' • , _ ^ 
 
 '""''•" spection. The hole made hy this opcrati<ui shall he 
 
 plugged with soft, seasoned wood, to prevent the entrance 
 of water. The contents of every hag shall he ascertained 
 hy internal examination, and the opening made for that 
 j)urpose carefully closed. And if he is of opinion that the 
 contents are merchantahle, he shall luand the cask or hag 
 with the word ••Charleston." and the degree of tineness at 
 which the contents should he rated, as follows : "Extra," 
 "Su]K'i'.'" *' Fini',"' '• First Middling." •• St-cond .Middling," 
 •* Ship Stuir," '• First Ivye," "Second Rye," " First ('t)rn," 
 ••Second Corn," as the case may he ; the term " Fxtra," 
 denoting a (piality sujierior to " Supei*," and "Ship Stuff," 
 a (|uality interior to " Secoml Middling," hut sound, 
 though coarse. Uut if the (pnility of the tH)ntents he 
 helovv the degree ol' merchantahle, the cask or hag shall he 
 marked with the hnnul arrow. 
 
 A A. is.vi. Mf.'.. J !i. 'j'jie Insijcctor mav appoint a Deiuitv to act for him 
 during temporary ahsence, sickness or stress of husiness, 
 who shall he liahle to the same duties, and entitled to the 
 same fees as his ])rinci|ial. 
 
335 
 
 Every cask submitted tor inspection shall contain one \yj^{li^- 
 hnndred and ninetv-eiulit [)(>nnds, and every lialf barrel 
 ninety-eight pounds of iiour or meal ; and all barrels or 
 half barrels containing less shall be made of full weight at 
 the ex])ense of the owner. And the inspector may cause comiition. 
 casks that are not in good order, but are of good material, 
 to be coopered at the expense of the owner. 
 
 No cask or bag of tl(Uir ov meal, of wheat, rye or corn, n... gi. 
 shall be sold or exported from the City of (Charleston with- n.'.' iioHr""to uV «om 
 
 • . ,, , . 1 ii T ' , I' 111 11 witliout being inspected. 
 
 out being first submitted to the inspector oi r'lour, and by 
 him examined and branded in some lot, shed or ware- 
 house, open and accessible to all })ersons. lint flour merely Kxompti.m. 
 passing through the city from any place in this or any 
 iState to aiK^ther port or })lacc in this JState, need not be 
 inspected in the City of Charleston, provided the name of 
 the place from which it comes be distinctly marked upon 
 the barrels or liags with the name of the port or }»lace 
 of its destination, and the words "In Transit" between 
 the names of the places. 
 
 If anv person shall alter, etface or destrov the brand or i: ■).:}^^\''''J'^-y'- 
 
 • I ' . Fniloitnre for ii-aud. 
 
 mark made by the Inspector, or brand any cask or bag of 
 flour or meal wliich has not been inspected, with a brand 
 similar to or in imitation of the Inspector's brand, or rejiack 
 any cask, bag of flour or meal wliicli may have been previ- 
 ously inspected without erasing the Inspector's mark thereon, 
 the person so ofl:ending shall forfeit and pay for every such 
 oti:ence the sum of tifty dollars. 
 
 If anv person shall prevent oi' attemiit to iJi-event the ib.. ?6. 
 
 " . . . 1 • 1 1 1 11 AliilcjJtinK lii''PC<;t'>"'- 
 
 Inspector from exercising his duty, he shall pay for every 
 such offence the sum of twenty dollars. 
 
 The Inspector shall not purchase, either directly or indi- H'.^7. 
 
 '■ "^ '' Inspector tV)t til t.;uli-. 
 
 rectly, any flour or meal for sale or exportation, under the 
 penalty of ten dollars for every cask or bag of flour or 
 meal so purchased for sale or exportation. 
 
 The Insiu'ctoi'. as a compensation for his duties, shall a. a . is.-.4. xii. m? 
 I'oceive two and one-half cents per cask or bag ins|K'ctc<| 
 by him, to lu- pai<l by ihi' owner. 
 
386 
 
 A. A. IS.W. XII.! 
 I'll.lltV. 
 
 Xo Hour <ir meal wliirli lias not hooii oxamincd and 
 iiisj»c'C'te<l as aforesaid, sliall l»o ofi'ercd tor sale <m* ex}u)rted, 
 under iieiinltv of tixc dollars for everv <"isk or l»ai>; so dealt 
 with. 
 
 Aii.:,-.ifr..in (\.min..n All fincs aud forfeitures for iufriiiifenuMit of the rules 
 resjieetiiiii: tlu' ins|»eetioii of Hour sliall he recovered, when 
 not exceediiiir tweiitv dollars, hy the Insjieetor. in the City 
 Conit (if ( "liiirli'ston. 
 
 Ndrnl Stores: 
 
 li^J.^'L^ion^'i;;!'-. An Insi>octor of Naval Stores shall he api.ointed annually 
 "^' by the City Coinieil of Charleston, and i^ive hond in the 
 
 sum of two thousand dollars for the faithful diseharire of 
 
 his duties. 
 
 n>. i\. 
 
 Dmiis. 
 
 It shall Ik- his duty to examine and inspect any crude, 
 turpentine or other resins of irrades other than those known 
 as common or inmiber two. A\hich may liei'eaffei" he offered 
 for sale in the City of CharlestcHi, and which may he sub- 
 mitted for examination by the owner oi- other jiersoii having 
 cliarsre of the same. 
 
 n... ? 2. 
 
 Do. 
 
 Every barrel ol' ci'ude lur|ieiirine or resins submitti-d to 
 the Insjtector, shall be by him weiii'lied and searched and 
 tried: and the Inspector shall brand every such bai'iel or 
 cask with the word "Charleston," and shall brand thereon, 
 in characters known to the trade, the (pialiiy of said tur- 
 jteiitine or resin, together witii llie wi'ighl ol" the same 
 expressed in figures. 
 
 Fl-OH. 
 
 For every barrel of tur[)entine or resin weighed by the 
 Jnsi)ector, he shall be entitled to three cents; and for every 
 barrel insjtccted or branded as herein directed, three and a 
 (juarter cents, to be jiaid by the ownerof the said turpen- 
 tine or his agent, and the Inspecloi- shall have a lien on said 
 barrels for the amount due. 
 
 u>.. H- Any nerson who shall alter, or erase, or deface the mark 
 
 IVimlties fur (tcfacing " ^ i 1 1 i i • 
 
 '"•"'"'• or brand inade by the Inspector, shall be subject to a pen- 
 
337 
 
 alty of fifty dollars for every such offence; and any person 
 attempting to prevent the Inspector from exercising his 
 duties, shall be subject to a penalty of twent}' dollars for 
 each offence — all of which shall be recoverable by indict- 
 ment, and the Inspector shall not be permitted to purchase, 
 directly or indirectly, any turpentine or resin for sale or 
 exportation, under a penalty often dollars per barrel. 
 
 Charleston Courts. 
 
 At the drawinir of Juries for Charleston, whenever the a. A.,i8o.-5.viiai9,§i. 
 
 ■- ' Altort'tl. 
 
 term exceeds one week, fortN'-eight Common Pleas and J>"»'«i'owtoi)e(irawn. 
 Petty Jurors shall be drawn, and a separate venire shall 
 issue for every week of the term, and the Common Pleas 
 and Petty Jurors shall be summoned one week before the 
 first day of the Court to which the writ of venire is return- 
 able : which summons shall mention the day and hour that 
 the Juror is required to appear, and that he is to serve six 
 days. 
 
 Anv person who shall make defiiult when drawn and I''-?- 
 
 • Fine. 
 
 summoned as aforesaid, shall be liable to a tine not exceed- 
 ing fifty dollars, nor under twenty dollars, in addition to 
 the per centagc on his general tax, as the tax against de- 
 faulting jurors stood in the year 1803. 
 
 In setting down the causes to be tried in the Court of a. avisi-, vii.mu. 
 Common Pleas in the District of Charleston, the Clerk shall 
 make a separate docket of country causes — that is, causes in 
 which either the plaintiff or defendant resides in one of the 
 parishes of Charleston district, outside of St. Philip and St. 
 Michael. 
 
 The Citv Court of Charleston shall liave jurisdiction of a a..,85«.xii.488,?6. 
 
 ' " .liiriHdiction of City 
 
 all cases arising under the Ordinances of the City of C'harles-^'""^*- 
 ton, and the Judge of the City Court shall have the same 
 powers in the discharge of his duties as the Judges of the 
 Court of Sessions and Common Pleas in like cases. 
 
 The lleeorder shall be vested witli jurisdiction to super- "^-S^ 
 
 . «' * I'ower». 
 
 vise all prosecuting commitments and arrests for larcenies 
 
338 
 
 and iiii.sdcincauors ooininencocl or autliorizoil liy the .Jus- 
 tices or members of the Board of Magistrates of St. I'hilip 
 and St. Mirliael: and, on apiilitation, may look into tlie 
 niei'its of any such case before V)ill found, and l)ail or dis- 
 chari^e the accused, and for this purpose n>ay, if he deems 
 it nt'cessary, convene tin- jiarties or tluii- witnesses before 
 liini. 
 
 A.A..I81S. vii..;2o.js. The Slierifl' of tlio citv shall iirovide boxes for drawinir 
 
 .liinirx. • i " 
 
 Jiirors in tlie same manner as in the Court of Common 
 IMeas, and Petty .lurors shall he drawn, to serve one work, 
 unless they \)c actually tharLTcd with an issue, and then 
 they shall he adjourned from time to tin»e, or continue to 
 sit until sucli issue be disposed of. 
 
 A A.isM \n. .-M/i. 1,1 (liawins:; a Jurv for the Citv Court the Recorder nuiy 
 
 Cily ( <niil .liirorx. luiw o v ^ *' 
 
 ''■'*"• draw thirty-six names, from whom one or two juries may 1)C 
 
 impannelled; if he thinks one jury inadecpuite to the ]u*o}>er 
 discharge of business, and in case of the nonattendance of 
 jurors, their ]>laces may he tilled u[> by talesmen. 
 
 \, A. is.-,9. \ii.s22. . The tirst and second weeks of the Court of Common 
 IMeas and (icneral Sessions shall be devoted to Sessions 
 business, if so much be necessary, and no more; the third 
 week to the country business, and the rest of the term to 
 the call of the <'ivil docket. 
 
 The City Guard. 
 i'owpr«of.<>iiimi«.iono.i q^^e commissioncd ofHcers of the Cit\^ (iuard and evi-rv 
 
 iHlrLTsorCily 'iimnl. " 
 
 I'dlice officer may arrest, \\itli(Mit warrant, any person in 
 the actual violation of the peace, or in the comij^ission ot' 
 any crime, or any person who Hies upon being chargi'd 
 with any Hagrant oifciu-e. And any officer of tlu' City 
 <iuard may enter, without warrant, with a suificient force, 
 any house from which cries proceeil leading to the sujiposi- 
 tion of riot or breach of the peace. Any citizen called 
 on b\- a commissioned otlicer of the Police to assist in 
 putting down a riot or breach of the iieace. may justify 
 under such authoritv. 
 
330 
 
 MarlxCt Begiilatmr. 
 
 Cattle. 
 
 If cattle be sold in Charleston or pnrchased for sale in i.„,,.i,;,.s,.rs,.r,i,tti.r..i 
 the cit}', the butcher or other purchaser, within forty-eigiit nllr '"vm'in'^w^^^^^^^^^^ 
 hours after the purchase, shall file a nieinorandum with the!l\n'"i.ii"S 
 Clerk of the Market in said city, containing the nnnd)er" 
 of cattle purchased,' the marks and brands upon the same, 
 and the names of persons from whom they were purchased. 
 And for every neglect or refusal to comply- with this regu- 
 lation, such purchaser shall l)e liable to a penalty of twen-tiii« i.Kiii..ii... 
 ty-tive dollars, to be levied by warrant under the hand and 
 seal of the Chairman of the Commissioners of the Market, 
 after due notice and hearing of the offender. IJut if the 
 party charged shall deny the fact, he shall be bound over 
 to appear at the next sitting o\' the Court of Cleneral Ses- 
 sions for the district, to answer to an indictment: and in 
 case of conviction, shall be committed to })rison till the 
 fine and costs are paid. 
 
 •fClork ..f Marli. t. 
 
 The Clerk of the Market, fin- receiving and filing such 
 return, shall be entitled to a fee of five cents, to be paid by 
 the purchaser. 
 
 VII. — Beaufort. 
 
 The boundaries of the Town of Beaufort shall be as fol- a.a.. isosj.vm.i- 
 Iows: commencing at the south end and on the west side 
 of Ilamar street, thence running north on the same side of 
 the street till it intersects Boundary street, thence east on 
 the nortl\side of Boundary street till it reaches J^ort lloyal 
 river; tlience directly east, across the channel of the said 
 river; thence along the eastern and southern si<k' <»f the 
 said river until it i-eaches a point directly south of llaniar 
 street, and thence directly north to llaniar street. 
 
 All [tersons, citizens of the State, i-esiding one year a..\..is):;, vjii.ii 
 within the Town of Beaufort, or possessed for the space of 
 one year of a freehold therein, shall be deemed a body 
 
340 
 
 ]w)liti<' ami c(tr|u»rat«.' liv tlic naine c»f tin- Town of Beaufort. 
 TIk' t<»\Mi shall Itc tlividi'd intt) six wainls, and the C'or- 
 jtorators sliall elect, hv hallot, an Intendant and six War- 
 dens, \\]\o shall eonstitiite the Town C'ouneil oi' lUaufort. 
 yuniiflcat on IJefope enterin*^ on tlieir /luties, the Intendant and War- 
 
 dens sliall take the oaths jiresrrihed by the Constitution, 
 and the followinjj: oath: **As Intendant (or AVarden) I will 
 e([ually and inipartially, to the best of my skill and ability, 
 exoivise the trust reposed in nic, and will use my best en- 
 deavors to earry into effect the iiur}n)S(.'s for wliioh I have 
 been elected, so help nic (lod." 
 
 A. A.. 1R«9. VIII. .152. rp, /-M t 1 4- »1 1 .• .• I .. 1 i 1 IT'- 
 
 (•hi,it«T-<i»y. i he ( hartei'-day lor the election ol Jiitcndant and War- 
 
 dens of Beaufort, shall be the tirst Monday in August in 
 eaili and every year. The Managers of Elections shall be 
 apjiointed by the Intendant, and hold the elections on the 
 Charter-day as well as all by-elections. 
 
 wan^Ihownned!^' i" <^'^^^^ of tlic rcsigiiatiou, death or removal from the 
 town of the Intendant or any Warden, an election shall 
 be held to till the vacancy. Of an election for lilling a 
 vai-aiuy in the office of an Intendant, the Wardens shall 
 give ten days notice; of a similar election for a AVarden, 
 live days notice shall be sufficient. 
 
 Ini..i.iant protf.n. I" ^"'^'^^ t»f tlic sickucss or tcmjtorary absence of the In- 
 
 tendant, the Wardens shall elect one of their number as 
 Intendant pro tem. for the occasion. 
 
 !,'• ... , , . If anv nerson elected shall refuse to serve as Intendant, 
 
 I'lMinlticK fur refufini; • -I 
 
 i-.M-iv,. a. intondnntor},^. ^\^.^\\ forfeit tlic suni of thirty dollars. If anv i»erson 
 elected shall refuse to serve as Wardi'ii, \\v shall forfeit the 
 sum of fifteen dollars for the use of the town. Jiut no 
 ]»erson who has attained the age of fifty years shall be 
 eoni}»elled to serve in either oflii-e against his will, nor any 
 other person to serve inori' than one yi'ar in three. 
 
 ••>••$■*■ , The Intendant shall siuamon the Warcb-ns to nu'ct to- 
 
 I'owers iinil privileges. 
 
 gether as often as occasion may recpiire, and any two of 
 them, with the rntendant, shall constitute a quorum. The 
 Intendant and Wardens shall be known as the Town 
 
341 
 
 Council of Beaufort, and they and their successors may 
 have a common seal, and may purchase, hold and receive, 
 in perpetuity or for any term of years, any estate, real or 
 personal, not exceeding in value forty thousand dollars, 
 and may sell, alien, exchange or lease the same as they may 
 think proper, and may sue and be sued in any Court of 
 Law or Equity in this State; and they shall he vested with 
 power and authority from time to time, under their com- 
 mon seal, to make such by-laws, rules and reguhitions 
 respecting the harbor, streets, lanes, public buihlings, 
 work-houses, markets, wharves, public houses, carriages, 
 wagons, carts, drays on hire, pumps, buckets, fire-engines, 
 the care of the poor, the regulation of seamen or disorderly 
 people, negroes, and in general every other by-law or regu- 
 lation that shall appear to them necessary for preserving 
 peace, order and good government within the same. 
 
 And the said Town Council may affix fines for ofl^ences to affix fines, 
 against their by-laws not exceeding eighty dollars for any 
 one offence, which fines when they exceed twenty dollars 
 may be recovered in the District Court of Beaufort, and 
 when they are under the sum of twenty dollars, before the 
 Intendant and Wardens, or any four of them : Provided, 
 that nothing herein contained shall authorize the Town 
 Council to make any by-laws inconsistent with, or repug- 
 nant to the laws of the land; iwd prorulcd, also, that all 
 by-laws and ordinances they may make shall at all times be 
 subject to the revisal or repeal of the General Assendily. 
 
 The said Wardens shall each of them have full itowei- (!>'?/^- . , 
 
 I W alliens t" kfi^p t|i<' 
 
 and authority, and are required to keep peace and good '"""'*• 
 order in their respective wards, to issue warrants and cause 
 all offenders against law to be brought before them, and on 
 examination either to release, admit to bail or commit to 
 the custody of the Sheriff* of tlie district, who is required 
 to receive and keep the jierson so committed in safe <'ns- 
 tody until discharged by law. 
 
 And the said Wardens, or any tour of them, slmll nu>et 
 whenever occasion may recpiire, at. si>me convenient and 
 liublic phice in l>eaufort, to hear and determine all snuill 
 
842 
 
 and mean causes, and all other matters of comi»laint aris- 
 insr within the said town; and the Intendant and AVardens 
 for the time heinij .shall he vested with all the ])owers and 
 authorities that Justices of the Peace are invi-sted with hy 
 the laws of this State, and shall exercise the same in every 
 ]»art of the said town for the iireservatiun of the peace and 
 iTood oriler thereof. 
 
 ul" !nm- .,r ,u>t itiic-n- ^'> ease of tnimilt »>r riot, or a]i|i(';ira!ice or pi'ohaltilitv of 
 
 •l!inf ni:iv Dill tlio Coun- . i, • i. • ^i • t ^ ^i i. i jiii' 
 
 .iM..;:.t>i.r. tuuMilt or riot lu tlic sjinl towii. tlir Intcudant shall imme- 
 
 diately summon toirether the Town Council and order the 
 Con.stahles of tlie town to attend, and such measures shall 
 thereupon be taken as shall ai)pear most advisable for pre- 
 venting or suppres.sing such riot or tumult; and if any 
 Town Constable shall ncirlect or refuse to obey the order 
 for attendance from the Intemlant, he shall forfeit a sum 
 not execediiii^ twenty dollars ("or eveiT such offence; and 
 any othei- inhabitant rcfusina- to ol)ey the orders of the 
 rntendant fur the pui'poses of su[)pressing any riot or tu- 
 mult, shall forfeit a sum not exceeding eight dollars for 
 everv such I'cfusal. 
 
 II.. i'.i. 
 
 The sole and exclusive privilege of granting licenses ior 
 keeping taverns, retailing s|)irituous and other liquors, and 
 for kee[>ing billiard-tables within tlie limits of the Town of 
 Beaufort, shall be vested in the Town (^ouncil, who are 
 aiitliori/A'cl to giant the said licenses upon tin' same terms 
 and conditions, and liable to the same i)enalties that the 
 Cominissi(tners of Roads are at pri'smt aiithoi'ized to grant 
 ihciii uiioii ; and tlic iiioiieys ai'ising tlu'rclVom shall be 
 applied in all i-ases towards the bcuciit and improvement 
 of th<' town. 
 
 !.'••'<"'•,„ The Town Council shall be iiosscssed of all the rights 
 
 "' TK ..f KomiK .jjj^j powers, and be liable fo [KM-form all the duties at 
 
 present appertaining to Comn>issii)ners of the Poor on Port 
 
 Uoyal island. 
 
 '.'T'lli.. IV ^-1 >i- fli^' T«»wn Council of neaul'ort are invested with the 
 
 .\.A. I SKI. J.\.4o4, g4( : 
 
 ivVv vi.''->.l'?-^ Vti.-.. I'l'l power of fixing the assi/e of Invad : of exercising all 
 ^' ■'"' ' '"• the <lnties ol' Commissioners of the Roads: of carrviuff 
 
is;vj. VI. 4;+. (('.». 
 
 ISKV VIII. 270. jJll. 
 
 343 
 
 into effect the duties of Commissioners of Pilotage for the 
 l)ar and harbor of Beaufort, Port Royal ; of rogndating the 
 Patrol in the said town, and of trving all defaulters in the 
 performance of patrol duty within the corporate limits of 
 said town, and imposing such fine as is now provided by 
 law in such cases; and they are authorized to issue a fieri 
 facias for the collection of any fine which they may thus 
 impose; of regulating the performance of quarantine in 
 case of vessels arriving in the harbor of Beaufort, or arriv- 
 ing or being wrecked or stranded on the coast within 
 twenty miles of the town; of assessing a tax on all negro 
 slaves between the ages of fifteen and fifty years, residing 
 in Beaufort during the fall months; and shall be author- 
 ized to lay an assessment upon all houses and lots in the 
 town. 
 
 They shall be authorized to summon and compel all a. a.isih, vi. r2a. 
 
 • "^ To ci)iii]H'l slaves to 
 
 male slaves between fifteen and fifty 3'ears of age, who^^'^''= 
 usually reside in Beaufort during the fall months, while 
 actually commorant or dwelling in the town, to work 
 upon the streets: Provided, that those who work upon the 
 streets in town l)e not obliged to work upon the roads in 
 the country; and provided, also, that no slave shall be com- 
 pelled to work upon the streets of lieaufort more than 
 twelve days in tlie year. 
 
 They may fill np ponds, drains and ])Ools of standing em,ndi t.. tin up 
 water in the town, and assess the iidud)itants with the ex- '"""'"■ 
 pense in proportion to the benefits received by them from 
 the work: Provided, such assessment shall not exceed five 
 per cent, ad valorem upon the value of their houses and 
 lots. 
 
 Tliev niav make such assessments on the inhabitants of a.a..is;^(i. xii.25. 
 
 • • . I'oWCIfi of TllWll Ctlllll- 
 
 the town, or those who h(tld taxable property' therein, as en. 
 to them may seem ex[»edient for the safety, convenience 
 and benefit of the town, and they may a[>i»oint all such 
 ofiicers as may be necessary to carry out their operations, 
 and designate their salaries, and may make all by-laws, 
 regulations and ordinances not rei»ugnant to the laws of 
 the land, that may l)e thought proper for the good order 
 and i^oveniment of the town. 
 
344 
 
 LiaMiir^fViIt'ondalit ^" ^^^^ ^^^^ Intoiidant or any of the Wanloiis wliilc in 
 and wimici.H. office shall ]>e guilty of any wilful neirloct, inali»iactico or 
 
 abuse, on conviction thereof he shall forfeit and |>ay a sum, 
 for every offt-nce, not exceediiiir two liundri'd dollars, to he 
 recovered for the use of the town by information or indict- 
 ment. 
 
 Jai^Sni^'t■..T.«n '^'•"•' .i'li' '" tl't; Town of Beaufort is granted to the 
 *"""'^'' Town Council, and the jailer shall receive and safely keep 
 
 all slaves committed to his custody till discharged agree- 
 ably to law ; and for his compensation, shall receive the 
 same fees as are allowed to the keeper of one of the com- 
 mon jails. 
 
 VTTT. — (lEORGETOWN. 
 
 A.A..i805.vni.22T.?i. ^j] cJti/A'ns of this IState who have resided one vear in 
 
 ( Virixiratiun. • 
 
 the Town t)f Georgetown, or possess a freehold therein, of 
 which they have been seized for one year, shall be a bod}' 
 politic and corporate, governed by an Intendant and War- 
 dens. 
 
 \v«r.is The town shall be divided into the following wards, viz: 
 
 All that jiart of the town wliiili lies south-eastwai'd of 
 Queen street shall constitute Ward No. 1 ; all that ]iart 
 whieli lies between the south-east side of (iueen street and 
 the S(^utli-east side of Screven street shall constitute Ward 
 No. 2; all that part of the town \\lii<li lies between the 
 south-east side of Screven and the south-east side of Broad 
 street shall constitute Ward No. 3; and the remaining part 
 of the town shall constitute Ward No. 4. The Town 
 Council shall have power hereafter to alter the limits of 
 said wai'ds, but not to diminish the number. 
 
 I''-?2. '■piie Intendant and four Wai'dens sliall be elected ii\ the 
 
 iiiieiiiiiini mill \\ in- 
 corporators on the tii'st Monday in Mai'eh in each and 
 
 every year; and all the citizens oi" tlu* Slate of the age of 
 
 twenty-one yeai's, who have resided for upwai'ds of one 
 
 year in the town, or have at the time of the election a 
 
 freehoM wilhiii the same, shall be entitled to vote for 
 
 'I<'ii8 liow elcclril. iind 
 wlicn. 
 
345 
 
 Intendant and AYardens, who shall he residents of the 
 town and qnaliiied voters. 
 
 The Tnteiuhmt and AVanlens for tlie time heino- sliall !^!„,if.,?-,„- ei,.,,,;,,,,. 
 give ten days notiee of the approaeliin<i^ eleetion ; and 
 appoint the ])laee for holdinii; it, and proi)er persons for 
 inanagino- and eondncting it. Tlie Managers shall nuike a 
 return of the persons elected for the ensuing year to the 
 Intendant for the time heing, who shall give immediate 
 notice to the parties elected. 
 
 The Intendant and "Wardens shall be residents and free- ii>.. ?:5. 
 
 WualificMliiiii 111 liitcn- 
 
 holders of the town, and before entering on the duties of 'i""'«'"'^'"'''"*'- 
 their office, shall take the oaths prescrihed by tlie Consti- 
 tution and also the following oath: 
 
 " I, A P), do solemnly swear that, as Intendant (or oati,. 
 A\^ardens) of the Town of Georgetown, I will equally and 
 impartially, to the best of my skill and ability, exercise the 
 trust reposed in me, and will use my best endeavors to 
 carry into eft'ect the purposes for which I have been elected. 
 So help me (lod." 
 
 And the persons so elected and qualified shall he known 
 as the Town Council of Georgetown, and as such shall 
 have a common seal and a perpetual succession of mem- 
 bers. 
 
 The Intendant and two AVardcns shall constitute a quo- H'- ;; •''•■ 
 rum. Their official duties shall not cease till a quorum of 
 their successors have qualified and are read}^ to enter on 
 the duties of their office. 
 
 In case of the deatli, resignation or removal from office ii...?4- 
 of the Fntcndant or any of the "Wardens, the Town Coun- 
 cil shall ajtpoint a day for an election to fill tlic vacancy, 
 of wliich ten days notice shall be given, and which shall 
 be conducted in the same maniu-r as th? annual <'k'ctions. 
 
 If anv person elected shall refuse to sen^e as Intendant, n... h- 
 
 ' I'oniiHiep for rpru"inp 
 
 he >liall forfeit and [>ay the sum of one hundred dollars ;*'"""'■'■•"• 
 
346 
 
 and it" any jicrson clcctod shall rotuso to serve as Warden, 
 lie shall t'oi'Ceil and pay the sum ot" seventy-tive dollars for 
 the use of the town. 
 
 Kxcniptioiw. I'ut no person w ho has attained the ago ol" sixty years 
 
 shall he eonipelled, aifainst his will, to serve in either of 
 these ofiiees, nor shall any other person he eonipelled t(» 
 serve more than one year in any terni of three years. 
 
 iviiMM*rar.v vn<:iii. V. In ease of the sickness or temporary ahsenee of the In- 
 tendant. the AVardcns shall elect one of their numher to ait 
 in his room dtirinir sneh temjtorary ahsenee or inahility. 
 
 IniJifiiii.t lu MimiM..., It shall he the duty of the Inten(hmt to summon tlie 
 \\ aniens to meet tor the eonsideration ot inisiness as otten 
 as occasion may re<iuire. 
 
 Co'unrii ii.B.v tini.i i.ro|.- '^flK' Towu C'ouueil nuiv pui'cliase aud hold in them and 
 their successors, in jierpetuity oi- tor a term ot" years, any 
 estates, real or personal, of what iiatun- or kind soever, not 
 exceedinii^ the sum of tifty thousand dollars; and may sell, 
 alien or lease tlie same at their discretion, for the use of the 
 town, and may sue and he siu'd, answer or he answi'i'i'd 
 unto, implead or he iiiij)leadi'ti in any Court of Law or 
 K(piity. 
 
 l,''- ?"•,,. ., 'i'he Town Council shall also have full iiower to nnike 
 
 I'owors of ('minnl. I 
 
 and estahlish, and, when they see tit, to alt»'r. all such ruh's,^ 
 hy-laws and ordinances respectiiiir the liarhor, streets, lanes 
 and alleys, puhlie huildinii's, markets, weii;hts and meas- 
 ures; the assize, jirici's ami inspection of hread : the cord- 
 ii}i;e and measurim:; of fire-wood ; tlu' icirulation of the docks 
 and lots; tin* draininir and tiHiuLi- upoi" low lands; the rci:'- 
 nlation of wharves, wliarl'at;-e and sloraui-; the landiiiu' and 
 weinhiui^ of <;oods, wares and merchandi/e; puhlie houses, 
 l)iHiai-<l-lal)les. i-etailiiii!: oi' spii'it U("»us jiipioi's; c-arriai:;es, 
 wai::ons, carts, drays, jiumps, tire-eniiines and Inickets; the 
 regulation of seamen, hoatmen and disoiderly )>eople; 
 slaves, free peojde of color; and, in general, every other 
 hy-law and regulation that shall appeal- to them retpiisite 
 and necessary ior the health, secui-ity, welfare, good gov- 
 
347 
 
 eminent and convenience pf the said town. Provided^ never- 
 theless, that nothing lierein contained shall anthorize the 
 said Town Conncil to make any hv-laws inconsistent with 
 or repnii'nant to the laws of the land ; and proriilcd, 'dso, 
 that all the hy-la\vs and ordinances thev may make shall at 
 all times he suhject to the revisal or repeal of the General 
 Assemhly. 
 
 The Town Council shall have power and authority to ,'.';,; f.;^,, ,,.,„„„.,, 
 regulate the rates of wharfage, and the storage, landing 
 and weighing of any goods, Avares and merchandize which 
 shall or may he stored,' landed or weighed on the peninsula 
 opposite to Georgetown ; to license and regulate the retail- 
 ing of spirituous liipiors thereon; to remove therefrom all 
 nuisances, and to guard against and provide for the extin- 
 guishment of tire thereon. 
 
 The Town Council of Georjjetown mav im]»ose fines for '';•<!**■ 
 offences against their hy-laws, not exceeding one hundred 
 dollars for any one offence; which fines, when they exceed 
 the sum of twelve dollars, may he recovered in the District 
 Court; and when they are of the amount of twelve dollars 
 or under, hefore the said Intendant and any two or more 
 Wardens; which fines, when recovered, shall he applied to 
 the use of the said town ; and the Town Council shall have 
 power and authority, from time to time, to commit to close 
 prison (after conviction) in the Jail of Georgetown; and 
 the Sheriff" of Georgetown district is herehy required to 
 receive and keep, till discharged hy due course of law, all 
 persons who shall Ijc convicted of any breach of the oi-di- 
 nanccs or hy-laws of the tt)wn : saving to all such persons 
 the henefit of the laws for the relief of })oor prisoners. 
 
 The Intendant and each of the Wardens, for the time ";;,f,!|;, .,f „,^ f 
 heing, shall he vested with all the powers and autliority '"'"*''' " 
 with whicli, hy the laws of the State, fFustices of the Peace, 
 are invested in rriniinal cases, and shall exercise tlie same 
 in every ])art of the said town, so far as the same sliali he 
 necessary for the preservati(tn of the peace and good order 
 thereof. 
 
348 
 
 To iil«"il« mi.i lew T«x TIk* Town Couiu-il hliall liavof'iill i)»>\vor aiid autliority, 
 .... rt^i «ut«-. annually, to assess and levy a tax upou all the real property 
 
 within the same, provided tlie said tax shall not exeee<l one 
 per eentunj upon the value thereof, to he assessed annually 
 hy tliree fVeeliolders of tlie said town, who shall he ajijiointed 
 hy the Tow?) Couneil aforesaid. 
 
 ti'ii iv'nL.ii.. 1 'if Town Couiuil shall have full power, annually, to lay 
 
 and collect a tax, not exceediuir two dollars on each free 
 niah' iidiahitant of tlie sai<l town, ol' the air«' of twenty-one 
 years or upwards, who is not a friM'lioldcr within the same, 
 jwoviilcd he shall have resided within the said town for the 
 three months next preceding the period at which the said 
 tax shall be laid. 
 
 M«vV|ii«.iiii T.iwMOffl- '^'''*' T"^^!' Council shall or may apjtoint. under such rci^- 
 ""■ ulations as tliey deem })roper, a Treasurer, Clerk, Clerk of 
 
 tlie Market, llarhor Master, Fire Masters, Town Constables, 
 and all such other ofhcers as shall appear to them re([uisitc 
 and necessary for carryim,^ into circi-tuai t'xecutioii all the 
 by-laws, rules and ordinances they may make for the ii;ood 
 government <»f, and tlu' preservation of good order in the 
 said town, and shall allix the salaries and fees of such oili- 
 cers, respectiNcly. 
 
 Diiiv in'cni..„f ii.,1. '" <"i^e of tumiilt or riot, or ajipcarance oi* iirobability of 
 
 tumult or riot, in the said town, the Intendant shall imiiu'- 
 diately summon together the Town Council, and order the 
 constables and other town otHcers to attend the Town 
 Council, ami sucli measures shall llici-eupoii be taken, as 
 shall appear most advisable, tor pri'\entiiig (»r su]iiiressing 
 such riot or tumult; and if any town otHccrshall lu'glcct or 
 rel'iise to obey llie order for attendance iVom the Intendant, 
 he shall forfeit a sum not exceeding tifty dollars tor every 
 such ottence; and any other inhabitant rel"using to obey the 
 • orders of the Intendant foi- the |iiii|)ose of sujipressing any 
 riot or tumult, shall forfeit a sum not exceeding thirty dol- 
 lars for every such refusal, to be recovered by indictment. 
 
 MeJufer. of Tin.i-er. '^'''*' Towii Couiicil sliall liavc ].ower aiid niitlioiMtv to 
 ajijtoint one oi- moiv Measurers of boards, plank, scantling 
 
349 
 
 or other timber which may be sokl in tlie said Town of 
 Georsretowu; and the Measurer shall be entitled to reeeive 
 from the seller thereof, the sum of twenty-tivc cents for 
 every thousand feet of scantling, boards or plank, and for 
 every thousand feet of scantling or other timber which lie 
 or they may, from time to time, inspect. 
 
 The Town Council may from time to time subscribe to the M;,^;,,\S.o''^t!)'■Kail'- 
 capital stock of a Railroad, Plank Road or Canal company,'""'^'"""'""''"- 
 by complying with the conditions prescribed by law for 
 that purpose in relation to the City Council of Charleston. 
 
 See Charleston. 
 
 The Town Council arc authorized to lew ;in annual tax, a. a., isix vi,2-'". 
 not exceeding one hundred dollars, on any lot iiuiabiteu 
 exclusively by slaves or free negroes. 
 
 Also, an annual tax not exceeding one hundred dollars i'-?-'- , 
 on every free negro keeping any store or shop. keei-inp siu.ps. 
 
 'The Town Council may compel nonresidents comins; into V' ^'' , . 
 the town for trade or traffic, to take out a license: but tlie 
 money shall be returned if the party continues for nine 
 months immediately after taking out his license, to reside 
 in the town. The price of the license not to exceed fifty 
 dollars, nor the penalty for violating an ordinance of the 
 town one hundred dollars for one otfence. 
 
 The Town Council shall have authority to ai)})oint a .\. ,\.. isos. xn. Tin. 
 Public Weigher of Cotton, a Measurer of Wood and an rui.iic wcIkIk' m.,! 
 Inspector of Naval Stores, and nuiy unite the offices and 
 lay such a tax on the articles so weighed, measured and 
 inspected, as may remunerate the officer. 
 
 The following rates and sums, and no greater, shall be a. a. isio s.c-r,. 
 demanded or exacted by owners of wharves, or any other 
 persons, for wharfage or for landing, weighing and storing 
 any of the articles herein mentioned upon the wharves in 
 Georgetown : 
 
 For landing every barrel of rice 4 cents per barrel. Kjr,.. 
 
 For weighing '" " " G '' " 
 
350 
 
 Fi>i- sliipjtiiiiT c-vory hunul of rin' 4 oouts per barrel. 
 
 For storing an.. g cents per week 
 
 tor till' tirst and last woi-ks. and t'onr cents for each 
 
 intermediate week; and tor storiiiiT of half barrels, 
 
 half the jiriee i»f whole barrels. 
 '•"••" For landini; ever^* bale or cai<e of cotton, 4 cts. per bale or rase 
 For weighing " " " " <> '' 
 
 F\>r shipping " • v •• 4 " 
 
 For storing " S " " 
 
 for the tirst and last weeks, and four lents per week 
 
 for each intermediate week. 
 T:.i .1.. F<»r binding every Itarri-I of tar. pitcli and tuipcnrnie, 1 cent. 
 
 F(»i- shipping " '• " " " 1 ** 
 
 r..ni.ivi.. i'..i;ii.~-..i. For landing every Imiidri'd hnslicls of corn, peas, potatoes, 
 
 oat«, wheat and rye 31 J cents. 
 
 For storing every bundled bushels of corn, peas, potatoes, 
 
 oats, wheat and rye 31] cents per week. 
 
 For shii»i>ing every hundred bushels of corn, peas, potatoes, 
 
 oats, wlu-at and rye 31 1 cents. 
 
 .V,'l..*,':,t .1.. ^'** grt-ater rates or sums respectively sliull be paid, and 
 
 no greater shall be di'iiiaiMU'd oi* c.\a<'te(l foi- tlu' w liarlage, 
 landing, weighing, stoi-ing and shipjting of any articles not 
 herein parti<-ularly nu-ntioiK-d, than are now or may be by 
 law recpiired and demandfd at Charleston for like ai'ticjcs, 
 respectively. 
 Str ('hdrhMoil. 
 
 A. A.. i«.Ni. V. .-.ii. It shall be lawful for tbe Town Council of Georgetown 
 
 Tiiwii ("oiinril nil- ,.'.,. 
 
 ih.«..r.-,i t..-iiMim..ti wit to issue a summons directed to any iierson being witliin 
 the corporate limits ol' (leorgetown, whose testimony may 
 be necessary to carry into effect any of tin- Ordinances of 
 the T<)wn Council; wiru-h summons shall be signed by the 
 Inteiidant of the town, oi" any one of the Wardens who 
 may preside during his absence. 
 
 The Conslables of tlu' said town an' authorized and 
 required- duly to execute all summonses ami other precepts 
 whatsoever to them, or either of them diiected by the Town 
 Council; and any person who shall at any time be duly 
 summoned to attend and give evidence before the Town 
 
 ii...><i 
 
 
 Tiiwii CoUKtnMi'M t 
 
 o VX- 
 
 i-iili' iiriTcpt". 
 
 
351 
 
 Coiincil, and shall neglect and refuse so to do, shall be 
 subject to the same penalties and liable to be proceeded 
 against in the same manner, by process from the Town 
 Council, as if such person had refused to give evidence 
 when thereunto lawfully re(piired in any District Court of 
 this State. 
 
 The Town Council are vested with all the i)Owers and a, a.. is;!2 vi.474.(;'.. 
 
 '■ To establish (|ii.u:iiitinc 
 
 )11S. 
 
 authority given to the Governor and City Council of ■''s"'"''' 
 Charleston for the establishment and enforcement of cpiar- 
 antine regulations in case of vessels arriving in the harbor 
 of Georgetown, or arriving and being wrecked or stranded 
 on the sea-coast or islands within twenty miles of George- 
 town. 
 
 Tn case the Intcndant or anv of the Wardens of George- A.A.mwiir 2-1.^,4. 
 
 c? Penalties. 
 
 town while in otHcc shall be guilty of any wilful neglect, 
 malpractice or abuse, on conviction thereof in the Court of 
 Sessions for Georgetown district, he shall forfeit and pay a 
 line not exceeding tive hundred dollars for every such 
 offence, and his ofHce shall be vactated. 
 
 >, IV, 673. 
 ■ lioj^ forbid- 
 
 It .shall not be lawful for any [)erson to raise or keep A.A..i7.sr,, 
 hogs at large in the Town of Georgetown on any pretence .i.ii'""*'" 
 whatever, and any hogs going at large in any street of the 
 said town niay be killed with impunity. 
 
 Anv itcrson pcrmittiniz; a hoi^ to ii'o at laru'c in the streets "'• , . 
 of Georgetown, shall be liable to a tine of not more than 
 ten dollars; and any Justice of the Peace in the di.strict 
 shall have jurisdiction of the case, to give judgment and 
 cause execution to )»e done against the offender. 
 
 IX. — Camdkn. 
 The boundaries of the Town of Camden shall be as a. a. nns. v. 334. 
 
 Boiinilarics. 
 
 follows: Beginning where DeKalb street intersects Little 
 I'ine 'I'ree creek; thence down tin- old bed of tlie creek to 
 a post oak nuirked with three notches, and across on the 
 bunk of llie creek below the bridge on the ('liarleston road; 
 
352 
 
 thejice across the creek in a diroet line north, eight degrees 
 west, until it intersects Mulherry street <tn tiie west side of 
 Broad street; tiience along Mnliierrv street on tlie south 
 si(k' tlicrc'of, until it intersects Wilcv street, at a post on 
 tlic west side of it: tlicnce along AVilev street on the west 
 side there()f, until it intersects lioundary street at a post on 
 the north side oi' it: tlience along l>oniidarv street on the 
 north side thereof, until it intersects Mill street at a post on 
 the east side of it: thence down Mill street on the east side 
 thereof, until it intersects J)e Kail) street at a post on the 
 north side of it ; tiience along the north side of l)e Kalb 
 street to the beginning. 
 
 "'• A plat of the town and a report ot' William Lang, James 
 
 Kershaw, John Kershaw, James C'hesnut and Samuel 
 Mathis, recorded in the oftice of the >Survev<»r-(Teneral, or 
 a copy annexed to the foregoing Act is to he referred to, if 
 necessary, in any dispute with regard to the honndaries of 
 Camden. 
 
 A. A.. 1791. VIII. 166. ']"'in^, jnhahitants of tlu' town who have resided therein 
 
 I (ii|.i.rMtliiii 
 
 one year, oi' have a Ireehold therein of which they have 
 been i)ossessed for one year, shall be a l)ody }>olitic and 
 corporate, known by the name of the Town Council of 
 Camden. 
 
 Ih. 
 
 Town rouiicil. wlirn 
 
 They shall he governetl liy an Intcndant and foui' War- 
 "''■'■"■'' (U-ns, who shall l»e kiioNvn as the Town Couni'il of Camden, 
 
 and shall he chosen annually on the lii-st M(»ii(l:iy of April 
 in each and every year. 
 
 A.A..1R25.VI.264. Tlic clective fraiichisc shall he vested in the free white 
 
 QiiiilitiratiotiH of elcc- 
 
 ""•»• men of the age of twenty-one years, who have resided in 
 
 the town one year, and are ]>ossessed of real estate therein 
 tor wliicli they lia\»' paid to the Town any tax tor the year 
 immc.'diatcly |iri'ccding. 
 
 ;V'^:J'''?-^'""^*'' The Intcndant and Wardens, before enterinii; on the 
 
 Qualinnition. ~ 
 
 duties of their oilice, shall take the oaths j»reseriited by the 
 Constitution, and the following oath: ''As Intcndant (or 
 Warden) of the Town ol" Camden, I will, equally and 
 
lb. 
 
 Vacancios. liow filled. 
 
 353 
 
 impartially, to the best of m}^ skill and ability, exercise the 
 trust i-eposed in me, and will use m^- best endeavors to farry 
 into eflect the purposes for which I have been appointed, 
 so help me God." 
 
 In case of the death, resignation, removal from office, 
 or absence from the State, of the Intendant, the Wardens 
 shall appoint a time for choosing another Intendant, and 
 give ten days notice of the election ; and in case of a 
 vacancy in any of the wards, the Intendant shall issue a 
 summons to the ward for tilling such vacancy — giving five 
 days notice of the election. 
 
 The Wardens, or any two in rotation, shall meet as often n.. 
 
 * , , ^ , • /I 1 Wiinli'iiH to meet. 
 
 as once in ever}- two months, at the usual place in Camden, 
 upon the business of the town. 
 
 The Intendant, as often as occasion may require, shall »i^,"^!'"'-,\"''5'', 
 summon the Wardens to meet together: any two of whom, '°'^°"'*'"''^'"""''- 
 with the Intendant, shall constitute a quorum. 
 
 The Town Council of Camden and their successors shall i''- 
 
 Powers of Town r<imi- 
 
 have a common seal; they may purchase and hold any real <''"• 
 and personal estate not exceeding in value fifty thousand 
 dollars ; and may sell, alien, or exchange any })art thereof 
 as they may think proper for the use of the town; may sue 
 and be sued, and have full power to make and establish all 
 such rules, by-laws, and ordinances respecting the streets, 
 markets, buildings, carriages, wagons, carts, drays, and 
 police of the town as may appear to them requisite for the 
 security, welfare and convenience of the town, and for pre- 
 serving health, peace and good order in the same. 
 
 They may affix fines and penalties to all offences against Fi',„.,. 
 their by-laws, not exceeding one hundred dollars for 
 each offence : to be recovered, when not exceeding twenty 
 dollars, before the Intendant and Wardens, or any two of 
 them ; and when exceeding twenty dollars, by petition and 
 summary process in the Court of Common Pleas for Ker- 
 shaw district, saving to the accused the right of appeal and 
 trial by jury as in other cases. 
 '23 
 
354 
 
 lb 
 A 
 
 ni 
 
 Aitero.u.vA.A..isn<n. TliC'V luav usscss tlic iiiliul »itauts with taxes on their tax- 
 
 I 917 3 3* • * *^ 
 
 uj Taxes. ahle projierty, as the Town Council may deem expedient, 
 
 not exceeding the amount rated and levied on such property 
 hy the Loirislature hy the Act of the year preceding the 
 year in which such assessment is made;, and levy the same 
 V>y similar process according to their by-laws. 
 
 To'ki!pnweiVonVvciV Tlicy arc authorized to levy a tax on all impnn-ed or 
 '*"^"'''"'"'""'"^"'^- occupied lots in the town, sufficient to keep in rcj.air a 
 good well (if water for every improved or occupied lot, if 
 tlie owner has not a good well for every lot im})roved or 
 occcupied hy him : J^roridol^ that the assessment do not 
 exceed one per cent, on the value of such lots. 
 
 T^x^on^^nXMB^^^nitH, Aud thcy may impose an annual tax on such wagons, 
 "'■"''"''■ carts, or other vehicles as nu\y he emploj'cd to hale for hire 
 
 for more than one day at a time, within the limits of the 
 Corporation, whether they helong to residents or not. But 
 the annual tax on a wagon drawn by three or more horses 
 shall not exceed four dollars; nor on a wagon (h-awn hy less 
 than three horses, three dollars ; nor on a dray or cart 
 drawn by one or more horses, one dollar and fifty cents. 
 
 '^ And the Town Council shall he authorized to im])Ose an 
 
 l'ii'ju<nipr«i Tinges. ' 
 
 annual tax, not exceeding two dollars per annum, on each 
 pleasure carriage commonly used within tlie town. But 
 no transient carriage or vehicle sliall be subject to the tax- 
 ing power of the Corporation. 
 
 iHwi.'xii'st^i" ■^'' ^^' ' The}' are also autliorized to lay a capitation tax on every 
 HoIi!:='ito?ii!7.,'?4'ruH.u.v;p<^rson in the town liable to Patrol duty, not exceeding 
 eight dollars per head. 
 
 A. A.. iM.!. VI. .v>4 They may imi)Ose an annual capitation tax, not exceed- 
 
 Thx (III frof iiegruc>-<. J J I I ■ 
 
 ing three dollars, on each free negro residing in the 
 town. 
 
 A \.. 1818. VI 98.21. '2. The Towii Couucil sliaU be invested with autliorilv, and 
 
 ratroi Kogiilntions. • 
 
 it is made llieir duty to organize the Patrol in the Heat 
 company and other companies in the town, and the mem- 
 bers of the Town Council shall be amenable to the same 
 
855 
 
 penalties for neglect of duty in this behalf, as the Captains 
 of Beat companies elsewhere. 
 
 And they shall regulate the performance of Patrol duty yni. Isfo.^^^^'" ^'' *^''' 
 in the town by ordinance, and atfix penalties to the i'»''""*cgiii;.ti.ms. 
 breach of such duty, not exceeding twenty dollars for one 
 offence. And they may compound l)y ordinance with per- 
 sons liable to Patrol duty for a pecuniary payment in lieu / 
 of personal service. 
 
 The Militia of the Town of Camdeji shall be exempt a. a.. 1S22. vi. isi. 
 
 '■ Militia. 
 
 from turning out on company parades more than once in 
 two months. 
 
 The Town Council shall be invested with all the powers a. a., isoo. viii.2,m. 
 
 . . , . CominissioniTs of 
 
 of Commissioners of Roads within the Town of Camden, '^""''••^• 
 and may close such streets as are useless to the public. 
 
 They may class the retailers of spirituous liquors, and LicenMinf''' ■'^''" "*'" 
 affix different rates to the licenses of the different classes. 
 But no class shall be assessed at a higher rate than fifty 
 dollars per annum for a license. 
 
 In case of tumult or riot, or probability of the like, the niotsand tu.nMit!!!" 
 Intendant shall summon the Town Council together, and 
 order the Constables of the town to attend, and such 
 measures shall be taken as may be most advisable for sup- 
 pressing the disorder; and a Town Constable that shall 
 neglect or refuse to obey the summons or order of the In- 
 tendant, shall forfeit a sum not exceeding twenty-five dol- 
 lars ; and any other inhabitant of the town that shall 
 neglect or refuse to obey the orders of fhe rntendant for 
 the suppression of a tumult or riot, shall forfeit a sum not 
 exceeding ten dollars for every offence. 
 
 The Town Council are severally invested Avith all the ;^„VirJi"Jf nM.''iv«r.. 
 powers of Justices of the Peace within the town. 
 
 They may commit to close prison in the common jail of a a. 1:01. vmios 
 Kershaw district, any person convicted of violating the 
 by-laws or onlinances made in pursuance of their cor- 
 porate powers. 
 
356 
 
 T."/Hi.|H.'ii!t u^uitlini.r. Tliej sl)all have {tower to ajtjtoint a Recorder, wlio shall 
 have ex officio the authority i)t' a Justice of the Peace, 
 except for the trial of small and nican causes, and a Mar- 
 shal wIjo shall liave all the autlidiity of a Shorill" in the 
 T<t\vu of Camden. 
 
 X. — COLI'MRIA. 
 
 Tcrriioriariimijs. A ti';i<'t of hwid, 1 N\ < ) luilrs sipiart'. iiurcliasoil from 
 
 Tliomas Taylor and James Taylor, laid otf into half-acre 
 lots, with streets sixty feet wide, and two principal streets 
 runniu*; throui^h the town at right ani^^Ies, one liundred and 
 lifty feet wide, shall be called the City of Colunihia, and 
 the seat of (Joveniment of this State. 
 
 A. A.. 1S54. Xll. 3,a: rni • i i • i i • i i • i • 
 
 i8.=)8. xii.Tist.ju; 1KCI5. Ihe miialntants who have resided one year in the city, 
 
 Vni. 2.15. . , '' '' 
 
 corporati..!,. aiid arc qualified to vote for members of the General As- 
 
 send^ly, shall be a cor])oration. The city shall be divided 
 into loiii" \\ai(ls, and governed by a Mayor and twelve 
 Aldniiuii — thi'ee Aldermen to each ward. 
 
 ^ A.A. 18,59. xTi. .9,. The Mayor and Aldcmien shall be elected by ballot on 
 
 Mayor and AldtTini-n, ,, n . -y t i i' k -i i ' • ii i • • ' ,^ j1 
 
 h..w ii.cti-d. the nrst Monday oi Ajtril biennially, beginning with the 
 
 year ISOO, by the inabitaiits who are cjualiiictl to vote for 
 members of the (Jcneral Assembly, and have n-sided in the 
 city twelve months previous to the election, and have regis- 
 tered their names as voters with the City Clerk thirty days 
 before the election. 
 
 A. A.. 1858. XII. 719. \ 1 .1 \l i- il l"! i" 4^ tl t f 
 
 ?u: i*"'-!. xii.:i:«. ji-4. And the Managers ol the hlection, at the request ot any 
 
 r<Tlilicatc may be re- . • i- «• • , . 
 
 quirni. corporatoi", may require ot any person otiering to vote a 
 
 certificate or receipt, showing that he has })aid his taxes to 
 the City up to the day of the election, whether by way of 
 commutation lor patrol and street duty, or otherwise, or 
 produce satisfactory evidence of his discharge from the 
 l)aymcnt of such taxes. 
 
 A-.A..i854.xii.:«4.^s. Tlic Mavor and Aldermen, before entering on the duties 
 
 Qimlinrntion of Major ♦' . 
 
 ami Aid.rnion. of tlicir otHcc, sIkiH takc tlic followiiig Oath : 
 
 "I, A 15, as Mayor (or Alderman) of the City of Colum- 
 bia, do solemnly swear (or ufiirm) that I will equally and 
 
357 
 
 impartially, to the best of my skill and iudi»:ment, exercise 
 and discharge the trust reposed in me, and endeavor to 
 carry into effect the purpose for whiclj I was elected. So 
 help me God." 
 
 The Mayor and nine Aldermen shall constitute a (luorum. a. a., is.is. mi. no. 
 In case of the death, resignation or removal from the city *i>ioniin ..r conn.ii. 
 of the Mayor, the x\ldermen shall elect, among themselves, 
 a Mayor to fill the vacancy. 
 
 The Mayor is cliaro-ed with the duty of sunimoninir the AA..i8r)4. xn.:!;55 {>c.. 
 
 •^ ~ • ~ Mayor to HUiiiiiiiin 
 
 AUlermen whenever there is cause for their meeting. ('...mcii together. 
 
 The City Council shall designate the places where, and l','-^"*-, , ,. „ 
 
 J o 1 ' I'laeea ot election — 
 
 the Managers by whom all elections, under the charter, ^'""''^'"'"• 
 shall he held. 
 
 They shall have power, under their common seal, to ih.. ge. 
 make ail such ordinances, rules and regulations, in relation iwers of roiporatio,,. 
 to the streets and markets of the city, as they think prop- 
 er ; and establish such by-laws as may tend to preserve the 
 quiet, safety, peace and good order of the inhabitants, and 
 may fix and impose fines and penalties for the violation '"'"'* • 
 thereof. They shall be Justices of the Peace ex officio -'"stico of tiic peace. 
 within the limits of the city, with all the powers incident 
 to the office : Provided^ that all such by-laws be duly pro- 
 mulgated, and that the fines imposed do not exceed fifty 
 dollars for any one oftence. 
 
 Such fines, when not exceeding twenty dollars, may be A.A..is54.xii.:ai.(>T- 
 
 -_ -, ,. , - it'tii-'i Fines, liow collected. 
 
 sued tor and the complaint lieard and adjudged before the 
 Mayor and any three Aldermen ; and where exceeding 
 twenty dollars, the remedy for recovery of the same shall 
 be in the (\)urt of Common IMcas for Iviclilaiid district. 
 
 The City Council sliall have power to ""rant licenses for H'.?"- 
 
 •^ , i, * _ _ A.A.. 180.5. VIM. 236.iK. 
 
 taverns, imblic shows and entertainments, and lor rctailiny; To prant iieen»eg. 
 spirituous licpiors within the city ; and within ten days 
 after their election, they shall ajipoint some fit and proper 
 person as an Assessor. 
 
 The Assessor shall tnke the following oath before the a a. is;,4. mi. :•,:!.-.. ^m. 
 Mayor or one of the Aldermen : 
 
• Ktll. ..t *»•»»«. I . 
 
 II. 
 
 lUlll 
 
 A. A. IKIl. V. 64l». 
 A»«ir- »r Bk-m.I. 
 
 358 
 
 • 1. A I{. do Mvcar (or aftinu) tliat 1 will well and truly. 
 t«,t the he.st (»f my kii<»wled«;o ami judi^ment, tairly and 
 impartially a^tsess and value all the real taxable property 
 within the limits of the City of Columhia, and nuikc re- 
 turns, a« well t)f the property as of the several proprietoi*8 
 and oeeupants, to the Mayor and Aldermen of Columbia. 
 So lielji UK' (Jod." 
 
 After taking the oatli. tlu' AsBOSsor shall ]>roeeed with 
 his assessmenttj, and make a full and fair list »>f all the tax- 
 abh' estate in the City of Columbia, with a list of the j»ro- 
 prict(U's. for the Mayor and A Mermen. And the Mayor 
 and Aldermen shall lay a tax (»ii tin- property of the cor- 
 porators so assessed, sultieient to cover the exj)enses of the 
 corporation : Provided, that sueh tax do not exceed the pro- 
 j>ortion of one dollar in the hundred, on the property as- 
 sessed. 
 
 The powers of the City Council shall also extend to reg- 
 ulate the assize of bread. 
 
 IKi'l.TI 
 
 A A..iKii.Ti.auT. Xo exereise within the Citv all the authorities of a Ta- 
 
 rntntl. v 
 
 trol. 
 
 iUn;-wv[li,.V;^'"' '''" ^'^tablish public scales, and to elect a Public Weigher. 
 
 I'-vi xiT'ciK^'''' *■' '^^^ regulate sales at aucticm; to grant licenses to auc- 
 Mii-.«« Au.tioii. tioneers; to lay sueh taxes on sales at auction as they may 
 deem expedient; but this authority shall not extend to sales 
 by Sheriffs, Commissioners in Equity, Coroners, Ordina- 
 ries, executors or administrators, or any other judicial sales. 
 
 A. A..iK:to. XI.9K. j.a; '!'(» iiiiiiosc on mcrt'handi/e exposed for sale, or the iiro- 
 
 IRM. Xn. 3.3fl. ' ... . . 
 
 Tiix.,n M.r.i.Bii.ii/.. c'ccds of mcrcaiidi/A' sold within their cori»orate limits, a 
 tax ecpial to the Slate tax on the same. 
 
 ,'Jj;,^,^ A tax oj" not less than one dollar nor more than five dol- 
 
 lars on all dogs within the city. 
 
 ",'^,,, On all slaves living in the city and owned by persons 
 
 residing there, a tax of not more than one dollar per head. 
 
359 
 
 Also, on all free negroes residing in the city, such reason- 
 able tax as they may deem expedient. 
 
 lb. 
 
 Froe Negmi't 
 
 The City Council may levy a tax, as they may deem ex- camagcH 
 pedient, on all private carriages and vehicles belonging to 
 the inhabitants of Columbia, and also upon all vehicles that 
 ply for hire within the city, whether belonging to the inhab- 
 itants or not: Provided, that the tax laid on the property of 
 nonresidents shall not exceed that which is laid on similar 
 vehicles belonging to residents of the city. 
 
 111., g in. 
 
 Tax (111 Snips, Tro- 
 iniiiins, Iiicdiiics, Profwi- 
 sions. 
 
 Also, on all sales on consignment, except sales made by 
 order of any Court or by process of law; upon premiums 
 received by agents of foreign insurance companies doing 
 business in the city; on incomes derived from factorage 
 employments; on the practice of professions within the 
 limits of the city; also upon all equestrian or theatrical 
 performances or other exhibitions for gain: Provided, the 
 tax on income shall not exceed twenty-tive cents on the 
 hundred dollars, nor extend to the income of ministers of 
 the gospel, school-masters or school-mistresses. 
 
 The Mayor and Aldermen of Columbia shall have power w'.Aliu'fs;:.''''' "'" 
 to establish a work-house within the limits of the city, and 
 commit to the same any vagrant found within the city, lor 
 any time not exceeding thirty days. 
 
 They shall have power to prevent interments within thcgj'^- *■ ^^''^- ■'^"' '""• 
 city without a proper certilicate of the disease of which the wuiK.uTc^rfiVuat""'*''''" 
 deceased died. They are further authorized to require 
 ph3'sicians and coroners, under a penalty, to give such cer- 
 tificates ; and to establish a more eitectual system for regis- 
 tration of births, deaths and marriages within the city. 
 
 The Mayor and Aldermen of Columbia are f^^^^l'^ri^A^d^j,^ ^-^'^'l].**,^^]; j^",-"' 
 to borrow money to purchase water-works; to subscribe ■^'{',= ),||[f''^"''*"^= "***• 
 to the Greenville and Columbia liailn.ad. and to tlic (Inn-- f, /;:;;;;/;; J;;;™^^^^^^^ 
 lotte and South Carolina Railroad, and to the Columbia 
 and Hamburg Railroad, and to improve Camden and Tay- 
 lor streets; and to appropriate funds for paying the interest. 
 
HI.. 
 
 360 
 
 I US; They are aiitli(*ri/.e<l to prdhiliit. uiidor poimlties to be 
 ini)ius(.*d by tUcin, the building and working of any black- 
 8niith 8h<)p on the main street or in any public part of the 
 city. 
 
 ■iuui!i*ui.!^*'**" ^<* public billiard-table sliall be opened within five miles 
 of Columbia except durinir \\\v months of .Inly, August 
 and Sojitcinber. 
 
 ^^A. A„ ifcM. XII. xc. ,pj^^^ ^x-j^. Council of Colund>ia may enforce the iiayincnt 
 
 T*»«iif.«r>< th. |uiwii»iii ^ .. * 1 !• *1 • i- I- 1- ii 1 \ 
 
 or ni>». ol any nnc recovered lor tlie inlraction or the charter or 
 
 any ordinain-e made in itursuancc of the charter l»y a ''"• w.; 
 if u|»on a return nuide by the City Marslial or Sheriff, it 
 shall appear that no ]»roperty of tlie defendant can l)e found 
 t<» satisfy the execution. A jiarty arrested under a ca. sa. 
 for such fine and costs shall be allowed the Ijenefit of the 
 law for the relief of jioor prisoners, by application to a Jus- 
 tice and notice to the Mayor, upon c()mi)lying with the con- 
 ditions without further delay. But if fraud he suggested, 
 the case shall be tried on an issue to be made up to test the 
 truth of his schedule. 
 
 ittk xli."*i^.{*3';'i(S; '^'''^' M:'V"'' :"'d Aldermen, in i-onsideration of twenty- 
 ^w^lvorki. ^^'^' thousand dollars paid to them by the State to enable 
 
 them to estalilish water-works, shall supply the College and 
 public vVcademies, the State House, Court House, Jail, and 
 all other public buildings in the city used hy the State, with 
 water free of chaige, other than that of conveying the water 
 from the distributing pipes to the inmates of the several 
 buildings. 
 
 A. A.. ihM, xn. 33s«. Tlic taxihLT power coidcrriMl »)n the Maxoi- and Alder- 
 LimiuKci I.. |H.»,r..fi,,eii shall uot cxtcud to eiialile tlu'in to lav anv charire on 
 the jiiddir j.ropcrty of the State within tin' city. 
 
 ^^A. A., }KA, xn. :m. 'p|,,. M;,yor :iiid Aidernicu are vested with all the aullior- 
 »vrr..f.h,.iw. \^y ,,f C.niinissioners of the I'oor. 
 
 iHM, xri.x«'iiK."iji!!*.: '''''•' l*>'ldi<- Weigher shall be sworn hy tlu' Mayor to dis- 
 
 i^iuic w-i^W ^.1,.,,.^.^, ,1,^. ,i„ties of his oliice faithfully. It shall l)e his 
 
 duty to weigh accurately everything lu-ought to the pul)lic 
 
361 
 
 scales to be weighed, and to record the weight and marks 
 in a book kept by him; and a copy from his book of the 
 weights and marks sliall be evidence of what is therein 
 stated between buyer and seller, if the article be sold on 
 the same day. A snm not exceeding six cents per bale 
 as a comjjensation for weighing, shall be levied on cot- 
 ton for tlie nse of the city; and a proportional snm on 
 other articles weighed at the city scales, and paid by the 
 seller. 
 
 The public woiu-hts and scales kc])t bv the Citv Council J,*"- . 
 
 1 .^ 1 . . I'lililic \vclg;rl(^ ami 
 
 shall be the standard for l)n\'ing and selling whatever is''caies. 
 sold by weight. And if an\' person shall presume to nse 
 any measure of weights differing from the same, he shall, 
 on conviction, be tined and imprisoned at the discretion 
 of the Court. 
 
 XI. ClIERAW. 
 
 All iiersons, citizens of this State, having resided one A.A..is2o,vni.;n:{.j(i. 
 
 , . '^ . . . Corporation. 
 
 year m the town, or having a freehold for that time within 
 the same, as hereinafter described, shall be a body politic 
 and corporate, known b}' tlie name of Cheraw, and gov- 
 erned by an Intendant and four Wardens. 
 
 Tlie boundaries of the said town shall be as follows: a.-VIPU'-".'"-''^''^ 
 
 jS5.J. All, 228. §4. 
 
 all tlie gnumd contained within tlie Town of Chatham, "onmiarics. 
 originally owned by the Town Company, re])resentc(l in 
 streets and lots in the plat thereof on tile in the l^egistry of 
 Mesne Conveyance for Chestertield disti-ict, and the land 
 cmljraccd within tlie village on the north, heretofore called 
 l*owe Town, as far as to the north side of North street in 
 I'owe Town ; and the parcel of land adjoining the south- 
 west corner of (Jheraw within the southern liiu' of tlie 
 town and the western line of Christian street, [(rojected to 
 their intersection, shall constitute the area of the Town of 
 (/lieraw. 
 
 And tlic Iiitcndiiiit and W'anlcns shall have jurisdiction >'.. 
 
 No now dtrppts li\il by 
 
 over the portion annexed as well as over the original '^<"'»''"' ''''*'*'"<'" 
 
362 
 
 bounds of tlie town. But it sliall not l»e l:i\\ fiil for tlioni 
 to make anv new street over the part so annexed, or to 
 divide into lots tlie ground annexed to the town witliout 
 • the consent of the owners of the soil. 
 
 wuli.irMi.*"'^'**' I'l'*-' Iiitrjuhint and WanKiis ..f Cheraw shall \h} resi- 
 dents and freeliolders witljin the town, and shall be elected 
 by the free wliite men of the age of twenty -one years, who 
 have resided theiein for one year, or have a freehold 
 thert'iii <»t" whirh tljcy have been jtossessed one veai". 
 They shall take the <iaths presciilu'd l»y the Constitution, 
 and the following oath: 
 
 "I, A 15, Intendant (or AVarden) do solemidy swear tliat, 
 as Intendant of Cheraw. I will equally and impartially, to 
 the best of my skill and ability, exercise the trust reposed 
 in me, and use my best endeavors to carry into eftect the 
 jiurposes for which I have been elected, so helj) me God." 
 
 tRwIxn.TM. {12. ^^^^ Intendant and Wardens for the time l>eing, shall 
 
 '•""•'''""""• give ten days puldie notice of the annual election, which 
 
 shall be held on the second Monday in .January in each 
 M«.i«){.r, ii|.i.<.iiii,-.i. and every year; appoint the iilacc in the town for holding, 
 
 and proper Managers for conducting the election. The 
 
 Managers shall make a return to the Intendant for the 
 
 time being of the persons elected. 
 
 Term«n!flic"''^'***'' '^''^ oliicial jtower of the Intendant and Wardens for the 
 time being shall not cease until a «piorum of their succes- 
 sors shall have ([ualitied. 
 
 l**-*"-. .. -.. . J" '"'ii^G of the death, resi<:iiation, refusal to serve, re- 
 
 VacMiciet, how flllcnl. • 
 
 nioval from oflire or absence tVoin the Stiite of llic Intt-n- 
 dant, or in case of the failure of his election by any 
 irregularity nuiking it void, the Wardens shall appoint a 
 time for choosing a successoi-, and gi\'e ten days notici' of 
 the same; ami in case of a vacancy in the ollice of War- 
 den for the like cause, the Intendant shall appoint a time 
 for iilling the vacancy ; and such by-election shall be held 
 in all respects as the general eh'ction. 
 
363 
 
 111 case of tlic inability, from sickness or other tempo- A.A..|S4r.,xi.396.gi3. 
 
 •' ' I Inlomlaut l>ro tfin. 
 
 rarv disability of the Intemlant, to attend the meeting-s of 
 Council, a majority of the Wardens shall be and form a 
 quorum for the transaction of business, and they may 
 appoint one of their number Intendant pro tem., and all 
 acts done by the Wardens and Intendant pro tempore shall 
 be as binding as any others. 
 
 In case any person elected shall refuse to serve as Inten- ^ -^ is2(uni :n4.2!». 
 
 • ' ^ _ I'ciiullv f..i- lc1ll-:nl to 
 
 dant, he shall forfeit and })ay the «um of thirty dollars. *""•■ 
 And if ail}' person elected shall refuse to serve as Warden, 
 he shall forfeit and pay the sum of twenty dollars for the 
 use of the town. But no person who has attained the aire 
 of sixty years shall be compelled to serve as Intendant or 
 Warden, nor shall any person be compelled to serve more 
 than one year in four. 
 
 The Intendant shall summon the Wardens to meet on n,.. jii.). 
 tJie business oi the town as often as may be necessary. wanut.s. 
 
 The Intendant and Wardens shall be kno-\vn by the ,,, 
 name of the Town Council of the Town of Ch era w. ,,n'.'""'''""'^ '''""" *'"""" 
 They and their successors shall have a common seal, and 
 may purchase, have, hold and possess, in perpetuity or for 
 any term of years, any estate, real or personal, of what 
 nature or kind soever, not exceeding the sum of forty 
 thousand dollars, and ma^^ sell and dispose of the same for 
 the use of the town as they may think proper, and by the 
 same name may sue and be sued, implead or be imjileaded, 
 answer or be answered unto in any Court of Law or " 
 Equity. 
 
 The}' shall have full [)Ower and authority to make and ii...?ii. 
 
 xiTi 11 j1 j?ij 1 *i, 11 1 I'DWtTM of Town Conn- 
 
 estanhsli, and when tliey see nt to revoke or alter all such m. 
 rules, by-laws and ordinances res})ecting the streets, lanes 
 and alleys, public buildings, markets, weights and meas- 
 ures, the assize of bread, the cording and measurement of 
 fire-wood, juiblic houses, l)illiard-tal)les, retailers of s]»irit- 
 uous li(piors, pumps, fire-engines and buckets, disorderly 
 places and free persons of color, and in general every by- 
 law and regulation that may appear to them requisite and 
 
3G4 
 
 no(;Oji(iarv tor tlie lu-altli, security and wtlt'aro of the t<nvM : 
 Pnnidiil. that ii<» such hy-Ui\vs he repugnaiit to the hiw of 
 tlie latid. and that all the hy-hiws thev may make shall ever 
 he stil)je<-t t<» the rejical and revisal of the (leneral Assem- 
 hly. 
 
 '.''••P-- . . fhe Intendnnt and Wardens, severally, witlnn the town, 
 
 Jttslirr* <* Uir |V«rr. _ ' » 
 
 shall he invested with all the jiowers and auth<»rity helong- 
 in«; to tlie ofKce of .Justices of the Peace. 
 
 A-A.-iK-rnvMi i\>.K\i. Tliev shall have tlie power to lav an assessment on all 
 
 Smi ".Vti^MHK '■' ^•'^' '"^'"^ estate in the Town of t'heraw, not exceeding the 
 
 ,7xr. ''■' '*" "" "*' '■* '"ite of one-half of one per cent, upon tlie appraised value 
 
 of the prope?'ty, which appraisement shall he made by 
 
 three discreet and impartial freeholders in the Town of 
 
 Cheraw, who shall he annually elected for that pur])Ose. 
 
 A. A. iKi:. Mil. .(IT. And they shall have full power to regulate and enforce 
 ■^" '-«"'•"• '""'"•' the performance of J*atrol duty within the town. The 
 inhahitants shall he exempt from the performance of 
 Patrol duty beyond the limits of the town, and the Inten- 
 dant and Wanlens shall or may by ordinance maki' all 
 such rules respecting Patrol duty in the town as thi-y may 
 judge necessary to ensure tin- jK-rt'oniKince of sui-li <iuty 
 within the town : I'mr'nhd. that such ruk's be n(»t repug- 
 nant to the law of the land. 
 
 ^nV.lin!i''pI^^imi»ir!..^"' T'>t*.V »hall luivc powcr to afHx proper penalties to the 
 violation of their ordinances, not exi-eeding fifty dollars 
 for one offeiu-c in the case of white jtersons, and any suit- 
 able juinishmenl not extending to life or limit in the case 
 of free negroes or slaves, 
 
 wi..n n..i oxrcodinK '''*' *''"''* agaliist wliitc pcrsoiis, uot exceeding twenty 
 
 .W.-...V.I..II.,.. dollars, shall be sued lor and recovered before the Town 
 
 ('«»uncil or a (pn)rum thereof, after the loi-m jmrsued in 
 Justices" Courts; and lines exceeding twenty dollars shall 
 lie sue<l for and recovered in the Court of Common Pleas 
 for Chesterfield district, by summary |iroc«'ss in the name 
 of the Town Council of the Town of Cheraw. 
 
365 
 
 In trials before the Town Oonneil, the party charged "■■ 
 shall have live days notice by personal service under ^the ^^"•^"'"" "• "•""•-" 
 hand of the lutendant or one of the Wardens; and the 
 summons shall contain notice of the otfcnce charo-ed, and 
 the time and place of trial plaiidy exi)ressed. The Conn- 
 ed shall have power to compel the attendance of witnesses 
 by similar process to that adopted in C^ou.-ts for trial of 
 causes small and mean. 
 
 Mai^lml til jn-rvo |.i 
 
 And after judgment execution may issue to enforce the n> 
 .indo-nient by warrant under the hand of the Intendant or J'" 
 presnlmg Warden, directed to the Town Marshal of the 
 Town of Cheraw, or to a Constable in the town if the Mar- 
 shal be interested; which warrant shall follow the terms of 
 warrants for carrying into eftect proceedings for the recov- 
 ery of taxes. And all proceedings against free negroes r.ia.or.... n. 
 
 and slaves for breach of the ordinances of the town shall "'"""■ 
 follow the course" prescribed for the trial of slaves and free 
 persons of color. But the Intendant or a single Warden 
 shall have jurisdiction to hear the case, and in case of con- 
 vection, the subsequent proceedings shall be similar to 
 those declared of tlie correction of a slave or free person 
 of color for an offence not capital. 
 
 And the Town Council may by ordinance recrnlate the i(. 
 proceedmgs in such trials, saving to all defbiulants the r.^^ """":'' "''^ 
 right of appeal as in other cases. 
 
 And for the collection of the taxes imposed by the a. a.. ,«.v;.xn...o. 
 Council, they shall have the power for enforcing payment i^^ZZ':!^^^^' 
 which IS vested in the Tax (\>Ilector. ' 
 
 The Town Council may commit to the guard-house for a. a., is.4. x„. 39.. 
 a term not exceeding twelve hours, any person engaged in -o-*:^' ''""""* "' '"""• 
 a breach of the peace or disturbing the good order of the 
 town by not, obscenity, public drunkenness or indecent 
 conduct. 
 
366 
 
 Chapter VII. — .Iiiucial Department. 
 
 I. IlDOES. 
 
 fl. — CdiRTs OF Common Plkas and (iKneral Sessions 
 AND Officers connected therewith. 
 Clerks. 
 Attorneys. 
 
 HI. — CoiHTS OF EyllTY. 
 
 1. — Orpin ization. 
 2. — .Turisdiction. 
 :3._()liit.ors. 
 Register. 
 Master. 
 
 Commission or. 
 4. — Practice. 
 TV. — Court of P^rrors. 
 V. — Court of Appeals and Officers connected thekk- 
 
 WlTJl. 
 
 Li])rarian. 
 Clerk. 
 
 State Re])orter. 
 \' I. — I runes. 
 VII. — Ordinary. 
 \'III. — Register of Mesne Conveyances. 
 
 I. — Judges. 
 i%.ii»iuuti..ii Ari.in.ji. The judicial power shall he vested in siieh Superior and 
 
 (•..iirl«..r |.ii» aii.l K'|iii- , ■ ^ 1 1-1 • 1 I • 1 
 
 <x Inferior Courts of Law and L(|Uity as tlie Lcgishiture shall 
 
 from time to time direct and estahlish. 
 
 Jiuleoo, ri>llimiK»jo|i 
 
 Till' .ludiTos of each shall hohl their commissions during 
 good hehavior, and the Judges of the Superior Courts 
 
 <\,m|H.nM 1. KJiall, at stated times, receive a compensation for their ser- 
 
 vices, which shall neither he increased nor diminished 
 
 ••'••«•"'■'•-'" '"'"'•'••during their continuance in office; hut they shall receive 
 
 no fees or perquisites of office, nor hold any other office of 
 profit <»r trust under this State, the Confederate States of 
 America, or any other jiower. 
 
367 
 The Judges of the Superior Courts shall be elected by g ^^""^*"""""- ^"- '''• 
 
 the joint ballot of both Houses in the House of Represen- 
 tatives. 
 
 Elortion. 
 
 Before entering upon the execution of his office, each *'*'"'''''""'"" ^" '^ 
 Judge shall take the following oath : "I do solemnly swear ""''''"' '"'"' 
 (or affirm) that I will be faithful, and true allegiance bear 
 to the State of South Carolina, so long as T may continue 
 a citizen thereof; and that I am duly qualiiicd, according 
 to the Constitution of this State, to exercise the office to 
 which I have been apjiointed ; and that I will to the best 
 of my ability discharge the duties thereof, and preserve, 
 protect and defend the Constitution of this State and that 
 of the Confederate States of America — so hel}) me God;" 
 and any other oath, not repugnant to the Constitution of 
 this State, which the General Assembly of the same may 
 prescribe. 
 
 The commissions of all Judges shall be in the name and ,, [""""'""'"" ^'^ ^' 
 by the authority of the State of South Carolina, and be ^''^""•"*«^''""'- 
 sealed with the seal of the State, and signed by the Gov- 
 ernor. 
 
 If any Judge become disabled from discharging the H."u!>va/'fi?r tnfi^^^^ 
 duties of his office b}' reason of any permanent bodily or 
 mental infirmity, his office nuiy be declared vacant by joint 
 resolution, agreed to by two-thirds of the whole representa- 
 tion in each branch of the Legislature: Provided., that such 
 resolution shall contain the grounds of the proposed re- 
 moval, and before it shall pass either House, it shall be 
 served upon the officer and a hearing allowed him. 
 
 Every Judo-e shall be lial)le to impeachment for hic:h constitution, ah. v?:v 
 
 •' • ^ ~ Impcachnient. 
 
 crimes and misdemeanors, for any misbehavior in office, for 
 corruption in procnring office, or for any act wliich shall 
 degrade his official character. But judgment in such case .lu.iKnu-nt. 
 shall not extend beyond removal from office, and disquali- 
 fication from holding any office of honor, trust or profit 
 under this State. 
 
 The .Judges shall, at such times and places as shall be constitution, An. \,j 
 
 , * .Iu'Ikps to meet to licj 
 
 prescribed l)v Ac-t oi the Legislature of the State, ineet"!''""''^ 
 
8(i8 
 
 and sit tor tlie |iuriK»se r)t' (Jotcniiiniiij; all motions whirli 
 niiiv be made for now trials and in arrest of judn!:inont, and 
 siu-li juiints of law as may l»e submittoii t<» tlu-m. 
 
 3:*r7»i'. viLariVn*'' ^«> .Tndire 8liall leave the State for more than tliirty days 
 
 ix««ec.rat>»^«-. without jK-rmission of the (lovernor, to he irranted on 
 
 aeeount of sickness, or any other proper cause: and if any 
 
 Judge, without such permission, leave the State for more 
 
 than tliirty days, he shall incur a rorfcitMrc of office. 
 
 A. A.isas. VII. 33T. „,, , ,, ,, , , , , , ,, . , 
 
 Maurv. Ill*' ( liancciiors and Law .hidges sliall receive each a 
 
 salai'y of tlii'cf thousand dollars. 
 
 A. A.. iRM>. XII. 758. 7),^ galai'y of the Chief . Justice of the Court of Appeals 
 **'■'•' sliall he three thousand five hundred dollars, and of each 
 
 of the Associate Justices three thousand dollars per 
 
 annum. 
 
 II. — Courts of Common rLE.\s and General Sessions. 
 
 Jurisdiction. 
 
 Circuits and Districts. 
 
 Privileges. 
 
 Special Courts. 
 
 Power to cliaiii^e Names. * 
 
 Practice. 
 
 (a.) — Process. 
 
 (6.)— Bail. 
 
 (r?.) — Proceedings before Trial. 
 
 (d.) — .Iinlgment. 
 
 {('.) — H.\ecutions. 
 
 (/.) — Judicial Sales. 
 Court of Sessions. 
 
 Jurisdiction. 
 A A.. 1T.14, VII. iKj. Coilfts of Common PKas and (Jcncral Sessions have 
 
 (it'ticral JiiriiulidiMM 
 
 and till.- of tbc judKiw. ^.Q„jjjj,,^.,j (.'ivil autl criiniiial imi^diclion iVom the earliest 
 times over all eases, civil and criminal; and the Judges of 
 said Courts are known in law as the Associate Judges of 
 the State. 
 
369 
 
 The Court of General Sessions in the several districts k^i", vi^aei": n93,ATii 
 sliall liave cognizance of all pleas criminal, on account of Distinctive junsaictio.. 
 
 , *" •i.xl'xl T J. • J. rm in civil and ciiiuiiwU-asPs. 
 
 matters done or committed in the same district. the 
 Court of Common Pleas, in the several districts, shall have 
 cognizance of all civil pleas or actions in the district in 
 which the defendants reside, are arrested or taken. 
 
 Courts of Common Pleas shall have concurrent iurisdic-. 'V<.i^;'U^^in\i^'^ '• 
 tion with Courts of Equity in the partition of intestate i„c;™^,"i;T™^J|.'7;;'^^^^^^^^^ 
 estates, both real and personal, and in the appointment of ^^"'*'"'*' 
 guardians to infants interested in such partition; and the 
 Judges are required to make all proper rules for the 
 exercise of their jurisdiction in this behalf. 
 
 The Judges of the Court of Common Pleas shall have a. a., los, v 570, ? s. 
 
 ~ _ _ _ _ _ Anil Inquisitions of 
 
 concurrent jurisdiction with the Chancellors in all Inquisi-''""'»fJ- 
 tions of Lunacy, and in the appointment of guardians of 
 the persons and property of the insane. 
 
 Circuits and Districts. 
 The State shall be laid off into Circuits and Districts, ,„^- ^-^I^n^^lJ' ■^^■"' 
 
 ' INoy, All, lOU. g 10. 
 
 and the Judgiss shall arrange among themselves the order ^p^^'*''^}^/!,,^^^'",^^^"^'^^^^^ 
 in which they shall perform Circuit duty. A Court ofJ"""'"''''""- 
 Common Pleas and General Sessions shall be held in every 
 district, at stated terms, by one or more of the Associate 
 Judges of the State, which Court shall possess complete 
 and final jurisdiction in all cases, both civil and criminal. 
 
 Any person aggrieved by the decision of the Court of^i'^; '^" '"^^' ^"" ''^'' 
 C'ommon Pleas and General Sessions, in any district, may ,tinui'im'!'Art*io!V3^°" 
 move for a new trial, or in arrest of judgment, before the issa. xii.^Teo; mi. s-is: 
 Judges appointed to hear such motions, under such restric- 
 tions, and in such manner, as the Judges may think proper 
 to establish by the rules and orders of Court. 
 
 AppcalH 
 
 The said Courts shall severallv be i)rovidcd with a seal, a. a.. 1792. v, 211. § ; 
 
 ' '■ _ ' Seal uf the Court 
 
 at the expense of the State, which shall be uniform, except 
 that every seal shall liave in the legend the name of the 
 Court of the district in which it is used. 
 24 
 
370 
 
 A. A- i:». vii. »5. In case two or more Associate Judges atteml on court 
 (lav, in any tlistritt, tlicy may severally hold, at the same 
 time, a Court of General Sessions and a Court of Common 
 rieas, distinct from each other, or hold two distinct Courts 
 of Common Pleas: one for the trial of issues, the other for 
 executing writs of inquiry and determining causes within 
 the summary jurisdiction. 
 
 iiiVtvS;rt^'.hrii*it: If the court-house in any district should be burnt or 
 
 Ii:!?,^'^"'"'"*"^'' "destroyed, it shall be lawful for the Judge, going on the 
 
 circuit, to hold the Court for such district, until a new 
 
 court-house can be built, at any house he may think proper, 
 
 at or near the place where the court-house stood. 
 
 Privilege of Suitors. 
 A. A-iT<». vn.ao. All persons necessarily going to, attending, or returning 
 
 Krr<-0«.iii from arrcft. * "t, iio.- 
 
 A. A.i<r.xi..«i.ji2. from, .i,,y Court of Common IMoas and General Sessions, 
 shall be free from all arrests, exc'ejit for treason, felony, 
 breach of the peace, or contempt in the tace of the Court. 
 
 Special Courts. 
 A. A.. iR-iv vn. 329: It shall be the duty of an Associate Judge, when the 
 
 1M7, vn. 317. ^ ".,... ,1 ,j 
 
 business ot any Court in his circuit cannot be despatched 
 during the term, to appoint a special Court for the de- 
 spatch of the business in arrear; and to return and hold a 
 Court for that purpose. 
 
 lb. All causes which may then and there be depending, or 
 
 ContinuKnco of Cauieo. *' i i i • 
 
 have day in Court, shall be continued to and have day m 
 the Special Court so ordered; and parties shall be bound to 
 attend, prosecute and defend the said causes at the Special 
 Court, in the same manner as they were bound to attend 
 the regular Court. And all witnesses summoned or bound 
 in recognizance to attend the regular term, shall be bound 
 to attend tlie sjMH'ial Court then and there ordered. 
 
 IK And juries siiall 1k' drawn lor the special Court in the 
 
 same manner as for the regular term. 
 
 Juries. 
 
371 
 
 Whenever it shall happen that any Court of Common Acnwnimeiu^of'coln^ 
 Pleas and General Sessions cannot be held at the regular j;',;^"*^'"'*^^ '"'"''^ ""* "*■ 
 term, in consequence of the absence or indisposition of the 
 Judge, it shall be the duty of the Clerk of such Court, or 
 his deputy, to open and adjourn the same, from day to day, 
 until the Court shall meet, or until the last appointed day 
 of the term, or until he may receive due notice that the 
 Judge will not he present, when he shall adjourn the same 
 until the first day of the succeeding term; and in every •\"''*"'*' ''"''' ••'•'''"' '" 
 
 ~ ' J such cases. 
 
 such case, he, together with the Sheritt' of the district, 
 shall, in the presence of a Magistrate of such district, draw, 
 at the time and in the manner prescribed by law,* the neces- 
 sar}' juries for the next regular term of such Courts; and if 
 a special Court be ordered, he shall, in the presence of the 
 Sheriff and a ^Magistrate, draw the necessary juries, and 
 issue the proper writs of venire for the special Court, ten 
 days before the day appointed for the sitting of the same. 
 
 Power to change Names. 
 
 The several Courts of Law and Equity shall be empow- iV.w("r^to%banKo n.o 
 ered to change the name of an}' person, upon his or her 'h-'ingit'.'*^ '"'"''*'""'"'' '''" 
 petition, if satisfied with the reasons alleged for such 
 change. 
 
 The petition for change of name shall state the age, Jviition to stato .-.g,-, 
 name, place of residence, and nativity of the petitioner, "'^""'' '"^^"'''""' ''*''• 
 and the reasons for the proposed change. It shall be filed 
 among the records of the Court (in the district in which 
 the petitioner resides), with the order made thereon ; and 
 the motion and order made thereon shall be entered on the 
 minutes or journal of the Court; and the Clerk shall Feoofcurk. 
 receive a fee of five dollars for filing and entering the 
 [»apers, and giving to the petitioner a certified copy of the 
 proceedings. If the order be granted, the certified copy »<•''' »'' s«*<« '" '"• 
 
 .*- ' .iftixed to ccrtifieil copy 
 
 may be recorded ni the ofhco of the Secretary of State, 
 and the seal of the State affixed to said co})y. And from 
 
 *The Act of 1799, VI I, 291, reijuircs tbe juries to be drawn at one term and 
 to serve at the next. This regulation cxpojcf the administration of justice to 
 corruption and cmliraccry. It is proposed, under the head of Juries, to amend 
 this branch of the law, and remove the opportunity of tampering with the jury by 
 drawing the panel a short time before the meeting of the Court. 
 
372 
 
 tlie (late «)f affixing tin.* ^<c•al of State to the said document 
 (if the above regulations be severally complied with), and 
 not beforo, the jietitioner shall be legally known by the 
 name contained in the record, and the fee of the Secretary 
 shall be iu< in like cases. 
 
 -Vnr. it >hall be the duty of Secretary of State to record such 
 
 proceedings in a book for the purpose, and keep an index 
 thereof. 
 
 lb. No action in wliidi tlio pttitioner is concerned as plaiiititf 
 
 >'o arlioii to abuXr from ' ... 
 
 huig. of lump. or defendant, shall abate by the change ot his name, nor 
 
 shall the change of name cxem)>t him or his heirs from 
 any previous debt, obligation or duty. 
 
 Practice. 
 
 (a.) — Process. 
 
 (6.)— Bail. 
 
 [c.) — Proceedings before trial. 
 
 (,/.)_Trial. 
 
 (<'.) — Judgment. 
 
 (/.) — Executions. 
 
 (g.) — rTudicial Sales. 
 
 .%. x.,i:68. vn.200.33. The i)ractice of the Courts of Common Pleas and (ion- 
 
 Iii imiutiiiii of flir , -, . • IT- 1111 1 n 1 
 
 (•..uri.. <.f xi»i priuB ineral Sessions, in the several districts, shall oe iuoiIcIUmI on 
 that of the Courts of Nisi ]*rius in England, with the inod- 
 itications introduced by legislative enactments, or demand- 
 ed by change of circumstances. 
 
 (a.) — Process. 
 n...r..n. Art.ni.^r All writs and other iirocess, in civil actions, shall be in 
 
 A. A.. \KW. XI, 107, ^ , ,. ,. - ,, 
 
 ?i6; 18a, vn.aao.jT. tlie name of the State ol" South Carolina, directed to all 
 and singular the Sherilis of the State, and signed by the 
 Clerk of the district from which the i>rocess issues, under 
 the seal of the Court, and made returnable to the Clerk of 
 the Court to wliicli it is returnable, fifteen days before the 
 sitting thereof, and tested in the name of the Clerk on the 
 day it issues, or some day j)revious to the day to which it 
 is made returnable. 
 
373 
 
 Mesne process may be issued from, and made returnable ,_,;Jj- vii^le^- V799"fh" 
 to, any District Conrt, and sball be served by tlie Shorifl" of "^j;,.,^^^^ 
 the district where the defendant is found, and to which it 
 is returnable; and if two or more defendants, residents in 
 different districts, be joined in one action, the plaintiti' may 
 elect to try his case in the district in which any one of the 
 defendants resides, or is arrested or served ; and the otlier 
 defendants, being served either personally or by copy left, 
 shall be bound to appear and plead at the Court to which 
 the writ is made returnable. 
 
 In all actions of ejectment to try Title, ov qnare clausuni a. a. ma. vi. 201 
 
 J .' ' J Kxception as to notions 
 
 /regit, the service of the writ shall be good in whatever ;;[J';;X^';,;;^,,,,',';>'y^J^^- 
 district the defendant shall be served, and the action shall 
 be tried in the district Avhere the land lies. 
 
 In actions against a Railroad, process by summons may a. a., 1859, xii, 883. 
 
 r j.i^j.' Ti'o^ 11 1 i " ''^"'*'' against RnilwHj 
 
 issue from the Court m any district, and be made return a- companies, 
 ble to the Court of the district where the cause of action 
 arose, and be served personally on the President, wlierever 
 he may be found. 
 
 All writs of attachment, and summons in dower and a.a..i799.vii.294.(!7: 
 
 ' 1839, XI, 109. 
 
 partition, shall be demandable of common right. But no 
 writ of attachment shall issue before the plaintiff' h{is given 
 bond to the defendant in double the amount of the debt 
 sued for, to prosecute his suit with success, or answer to 
 the defendant for costs, and all dama2:es that he may sustain 
 by the arrest of his property. 
 
 Final process shall issue from and be returnable to the a. a 1-99, vn. ^ta. 
 Court where the judgment was obtained, and may be 
 served by the Sheriff' in any district where the defendant, 
 or property capable of being taken in execution as his, 
 may be found. * 
 
 In actions against executors or administrators, where a.a..i799.vii,282 h- 
 
 -, ,•■ . , i /> ^1 LI, , • 1 KxwutorH out of the 
 
 some ot them reside out of the State, service on those state. 
 within the State shall be effectual to maintain the jihiin- 
 tift"'8 action : Provided^ That the writ be issued again.st all 
 who have proved the will or intenne<hlled, and that the 
 absence "of those not served be suirgested on the record. 
 
 New. 
 
374 
 
 A.A_i7s«:i.vii.28i. is. I,, ,,|i eases of ioint contnict, where one or more of the 
 
 Joint O'tilntrt*. ■' 
 
 (lefeiKhiiits are out of the State and cannot be served, the 
 service of process apiinst those in the State, with return of 
 iini, est iiintitus as to tlic otliers, shall be sufHcient to main- 
 tain tlu' plaintiti^'s action, sugsestim; on the reconl the 
 absence from the State of those uot served. 
 
 A. A.. iTj»«(. V. 330: Thc assiffnee of any judi'ment, decree, bond, or unnego- 
 *—»:>.•«« "f J"''^' tiable note, mav brnia; an siction to recover the debt in his 
 
 M,- - H<iiiil». Midi tiriiii*- ' • ~ 
 
 , 1,1.1. M,i,riti«.. mnvy^yn „anie as assignee. But the defendant shall not be 
 
 • III- III thfir nWII lUUIKV. ~ 
 
 ]>recluded from any defence growing out of transactions or 
 dealings between the original parties, prit)r to his receiving 
 n(»tice of the assignment. 
 
 A.A..1737. VII. n»o.{5. Scrvicc of mesne process shall be effected by delivering 
 
 Piix'WBi, now Bcned. -^ . 
 
 a copy of the writ to tlie defendant, or leaving a copy at 
 liis place of abode, with some pei*son, if there be ^ white 
 person found there; and if tliere be no white person found 
 there, the copy shall be left in some conspicuous part of 
 the house; and ujion every such coi)y there shall be written 
 a notice, in words at length, and in a fair and legible hand, 
 to tlic i'ollowing effect: 
 
 "A B: — You are arrested by or served with this writ or 
 process, to the intent that you may, by your attorney, 
 api»ear in the Court of Common Pleas in at the 
 
 return thereof, being the day of in order 
 
 to make your defence to this action, and that in case of 
 your refusal or neglect, during the sitting of the said Court, 
 judgment may be entered against you V)v default." 
 
 A. A.. 1792, vn, 280.? 0. Whcrc rules or in'ocess to revive or maintain proceed- 
 
 Uiilixi (ir I'roccHH to 1)1' i '■ 
 
 IKWI.-.I III c^.irt n(.iiH,.iujrs at law cannot be served, on account of the absence 
 
 (liMir III niMviicu of jiurl.v " 
 
 tobew-rvwi. ■ fpoui tlic State of the pai'tics who ought to be served, the 
 
 jtosting of such rule or process on the court-house door of 
 the di.strict where the absentee had his last ri'sidence, shall 
 be deemed good service. 
 
 A. A.. i7i«t, VII, 297, The service of a writ of .srlir facicLs shall require no 
 
 Writ of ««>« /acia... attCStlug witUCSSCS. 
 
375 
 
 If process be lodged for service before return day, aud wheApnfceL^rsfodjed 
 actually served after return day, and before the sitting ofl.:[;;;:;ry. "■"'"' ""''"• 
 the Court, it shall enure as good service for the next suc- 
 ceeding term after the Court to which it was made return- 
 able, and the defendant shall be bound to enter his appear- 
 ance at such succeeding term. 
 
 Attachment. 
 
 I. — Foreign Attachment. 
 II. — Domestic Attachment. 
 
 III. — Jurisdiction of Justices of the Peace over property of 
 absent debtors. 
 
 Dcfiniticm. 
 
 Foreign Attachment is a mode of commencing an action 
 against a person who is absent from the State, by an execu- 
 tion against his property, to compel an appearance. It is 
 derived from the custom of London, but applied to a pur- 
 pose totally distinct, viz : that of getting bail from an absen- 
 tee, similar to process of outlawry. 
 
 It applies to an}- action arising from contract, and to whti-cVt^uVs"' *'^"' 
 trespass vi ci armis for injury actuall}' done to property. 
 
 Domestic Attachment is a similar ])roceeding against a..p<'fin'*'"" of d.. most u 
 
 i O o Attachment. 
 
 party in the act of absconding or removing his goods, and 
 is the creature of statute. 
 
 I. — Foreign Attachment. 
 
 iir. 017. 
 
 A writ of Foreign Attachment issues, of course, upon j^.^y.^.jj^^^*- /■ 
 the plaintiff's filing with the Clerk of the Court a bond^^^AHorJ"'' 
 binding himself to the other party in double the amount of ^^"*" 
 the debt, or a sum equal to the damages laid in the writ, to 
 pay all costs and all such damages as may ensue to the 
 other party, by reason of the suit, in case the plaintiff fail 
 to prosecute his action or to recover. 
 
 The writ requires the Sheriff to attach the money, lands a.^a., 1744, ni, en 
 and goods, debts and books of account of the defendant, 
 
376 
 
 lb. 
 
 Nolirv to gwiiinhw. 
 
 A. A_ 1S44. XI. 2!K). 
 <l>mialiee to api>car. 
 
 ill wliososoevcr Imiids tbov niav l)C, to compel liiiu to 
 answer to the plaintiff in a o^iven action, according to the 
 nature of the demand, and to summon the person, on 
 whom a copy of the writ is served, who is called a gar- 
 ni.shee, to show cause why property in his hands or under 
 his control, should not he adjudged to belong to the 
 defendant. 
 
 The notice to the garnishee is endorsed on the writ, 
 informing him of his duty to appear at the return of" the 
 writ and declare what property he lias of the defendant, 
 and show cause wliy it should not be adjudged to be liable 
 to tho plaintiff's demand. 
 
 The garnishee shall be bound to appear at the return of 
 the writ, and disclose upon oath what moneys, lands, goods 
 and chattels, debts or evidences of debt are in his posses- 
 sion or under his power or control, in which the defendant 
 has any right, title or interest, to keep the same safely, and 
 to abide by the order of the Court therein. 
 
 "'■•^'•^" But if the plaintiff or his agent will make oath, at the 
 
 time of issuing the Attachment, that he has reason to 
 believe that the person named in the writ as garnishee has 
 propert}' of the defendant in possession or under his con- 
 trol, and intends to remove the whole or part of it out of 
 the State, or to waste or destroy the same, it shall be lawful 
 for the Clerk to grant an order for security, which shall be 
 
 „?cHnto3"''"'''''" annexed to the writ; and thereupon the Sheriff shall be 
 authorized to cause the party sunmioned as garnishee, to 
 enter into bond in double the amount of the debt, or in a 
 sum equal to the damages sued for, conditioned for the 
 making (>i' a full and true return to the writ of Attachment, 
 and delivering the i)roperty attached when required by the 
 Court so to do; and on the failure of the garnishee to fur- 
 nish such security, the Sheriff shall take possession of 
 everything pointed out as the property of the defendant, 
 which is capable of delivery. 
 
 A. A.. 1744. HI. (-,17. A 11(1 If tiic garnishee shall neglect or refuse to appear 
 ^.'•rr,';''- , .. durinii- the sitting: of the Court next after the return of the 
 
 Lliibilltv «>f KiirniKlieo _ ' ~ 
 
 i..^ni«fofi.i.,H.iior nog- writ, aiid make a discovery of the property in his hands or 
 
377 
 
 nncler his control, Avliieh the defendant is entitled to, then 
 judgment shall he given against the garnishee hy default, 
 for the- debt or damages sued for, saving to the garnishee 
 the right, upon cause shown, to open the said judgment and 
 make his return on such terms in regard to costs as the 
 Court may prescribe. 
 
 If the garnishee shall appear at the return of the writ itti;iV>niWi.oai>iM:.i. 
 and file his answer thereto, and deny the possession or con- 
 trol of any proi)erty belonging to the defendant, or claim 
 the money, lands, goods and chattels, debts and books of 
 account, as creditor in possession or in his own right, or in 
 right of some third person, then if the plaintiff be satisfied 
 therewith, the garnishee shall be dismissed and the plain- 
 tiff pay the costs of his return. But if the plaintiff shall 
 contest the said return, an issue shall be made up under 
 the direction of the Judge to try the question. And the 
 Court shall direct the time and place of trial; and the 
 party that shall prevail in the said issue shall recover his 
 full costs of the opposite party, and judgment shall be 
 given accordingly. But if the garnishee resides in a differ- 
 ent district from that in which the action is brought, and 
 an issue be made up between him and the plaintiff, the 
 action shall be tried in the district where the garnishee 
 resides. 
 
 An assignee, or as many as may be necessary, may be li^'iKiu^o ^nmy l^c ' ap- 
 appointed by the Court or by a Judge in Chambers as i'"'"*'"'- 
 soon as the writ of attachment is returned, to take charge 
 of all tlie ju-operty detained by the Sheriff or the garnishee, 
 or belonging to the defendant : Provided, that before the 
 said assignee proceeds to act he shall enter recognizance 
 before the Clerk of the Court, in such sum as the Court 
 may direct, with sufficient security, to be approved by the 
 Clerk, conditioned for the faithful performance of the 
 duties devolved on him by the ai)pointment of assignee 
 and his acceptance of the trust. 
 
 The assignee so aiipointcd shall have full power to col- nj.. go.?. 
 
 ■f '~ . ,. Power of assignee. 
 
 lect and get ni all the money and other assets attached as 
 belonging to the defendant, and his receipt shall be a per- 
 
A.A.. 182KVI.387, J' 
 
 878 
 
 feet (liHeharire to tlio pcrstius payinu: to him the inonev 
 owing, or delivering the i>roperty helonging to the deteud- 
 ant. And he shall account for whatever may so conio to 
 his hands as the Court may direct ; and shall receive as 
 a compensation a commission of five per cent, on receiving 
 and two and a lialf per cent, on dishursing the sums that 
 may come to his liands. And if tliore be more assignees 
 than one, the commissions shall be equally divided among 
 them. 
 
 M>mtiflv!i"u™tiln; The plaiutill", in attacliment, sliali file his declaration 
 ***•""''"' within two months after the return of tlie writ, unless fur- 
 
 ther time be granted l)y the Court on cause shown ; and 
 if the defendant has a wife or attorney in the State, a 
 copy of the declaration sliall be served on them, with a 
 special order of Court endorsed thereon for the defendant 
 to plead, giving such time, not exceeding a year and day, 
 as to the Judge may seem fit. And in case of the defend- 
 ant having no wife or attorney as aforesaid, tlien the Clerk 
 sliall grant a rule that the defendant do plead within a year 
 and day, and give notice thereof in one of the gazettes 
 published in the district; and if tlit'iv be no gazette, the 
 notice shall be posted at the door of the court-house during 
 a year and day. 
 
 m.nuff!omakoo«ti.. ^ud thc plaintiff, on filing liis declaration, shall make 
 oath to the debt or sum demanded by him, and that no part 
 is paid, and that he doth not in any wise stand indebted 
 to the defendant. And in case of mutual dealings or cross- 
 actions, whatever sum shall be owing to (be defenchmt by 
 the }tlaintiff sliall ])e dcdut-ted from plaintiff's demand, and 
 a stated acc(Mint shall be sworn to and liled with the decla- 
 ration. 
 
 "•••?"■ . , ... In case the defruihint be rcallv and ti'ulv indebted to the 
 
 OarniNlicc H rlKlit to ro- • • 
 
 Inr.deiTtohinK^^^^^^^ ^''^' gsii'nishet" sliall have a right to stop the 
 
 amount of his debt out of the projierty in bis hands, if his 
 possession was not obtained by wrong, and may retain to 
 the full amount of his debt, saving to the iilaintitfthc right 
 to contest his debt or claim, ami the matter in contest shall 
 
379 
 
 be tried in an issue made up under the direction of the 
 Court, between the garnishee and the attaching creditor. 
 
 The assignee, pendini^: the action, may sell and disi)Ose \h..V- 
 of any perishable property that may come to his hands, or Assignoe nm.v s,.ii. 
 be involved in the controversy, for the benefit of all inter- 
 ested. 
 
 All suits by attachment shall be repleviable b}^ putting in ib.. ^s. 
 special bail to the action. 
 
 If the defendant shall not api)ear within a vear and day H'.. ?•->. 
 from the filing of the declaration, judgment shall be given 
 by default in favor of the i)laiiitiff, and a writ of inquiry 
 executed at the same or the next succeeding term, and final 
 judgment entered against the defendant. 
 
 Upon the entry of final judgment against the defendant, ig^Ai^ati"."!;'''*'^''' 
 the assignee shall pay and transfer to the plaintifi' the '"" •""'*-'""■"* 
 amount of such judgment with interest and costs, if there be 
 so much to the credit of the defendant in the hands of the 
 assignee : Provided, that the plaintifi" enter into a recogni- , 
 zance, with security in double the amount of the money 
 received, conditioned to refund and answer to the defend- 
 ant for all damages in case the defendant shall appear 
 within two years and enter special bail, and contest the 
 plaintift"s right to recover, with success. And in the event 
 of the defendant's appearing and disproving the debt afore- 
 said, the }»laintifi' and his sureties shall be answerable for 
 the full damages caused by his unjust vexation, and treble 
 costs of suit. 
 
 No proceeding: bv attachment shall lie against a person A.A..1744. iii.e2i),?9. 
 
 ^ O . o X ^ j;„ ,,ttarlimciit lies 
 
 who, before his departure from the State, shall have given ^.''p" ""»■<;'" '"^ ^^'>" 
 
 ' ' _ "-^ ^ Civen of intention to 
 
 notice in one of the gazettes in Charleston, or in the dis-''"-''^«""'Stntf 
 
 trict or parish in which he lives ; or, if there be no gazette, 
 
 by a broadside or liand-bill ]»()sted in the most public place 
 
 in the parish or district, of his intention to leave, and of 
 
 his readiness to give bail to any action that any person 
 
 may be willing to l)ring against him. 
 
 No judgment against an absent debtor, unless where the a. a. 1S4.3. xi.2.'i7 
 defendant appeared and put in bail, shall have any eft'ect 
 
380 
 
 except u[»on tlie iiroperty attaeliod ; and if an action of 
 debt or ."tcire facias on the tJaid judirmont be brouglit, the 
 defendant or his representatives sliall have the benefit of 
 any defence tliat niiijht Imvo been made to the oriijinal 
 action. 
 
 ivfiniuiit mnv i.i.iui ^" f^vcTV casc of forciijn attaclimcnt it sliall bo lawtiil for 
 
 *" ••■..«'M-Kin..«i.. jj^^. .Ic.fcM.iiant to make "bis (K-fcnco without putting in bail 
 
 l)v filing a wan-ant of attonicv; but in case of a defence 
 being nuide by warrant of attorney, the proceeding shall 
 have all the effect of the judgment of a Court, with full 
 jurisdiction of the cause and the parties; and on tlu- prop- 
 erty attached, the lion of the attachment shall bo uiiim- 
 ]»airod. 
 
 iVuHmbMrBiI.'ji'il'iir.- ''1'^' several Justices of the Peace in Hamburgh shall 
 ;:;;'i7"""*""'^ '"'"'''" have authority to take attachment bonds and to sign writs 
 of foreign attachments. And the bonds thus taken shall 
 be filed with the Clerk of the Court at P]dgefield, on or 
 before the return day ; and the writs of attachment shall 
 be as valid as if signed by the Clerk, and shall be served 
 b}' the Sheriff of P]dgofield, or in cases under the summary 
 process jurisdiction, by tlio Sheriff or any constable of the 
 district. 
 
 11. — Domestic A ttachmait. 
 
 iu!^mllw Ku^Ami^uK. Domestic Attachment is a process issued by a .lustice of 
 the Peace, founded on a complaint made before him by any 
 person that a resident of the district is indebted to him in 
 a sum certain, and is actually removing out of tlie district 
 privately, or absconds :ind conceals himself so tliat the 
 ordinary process of law cannot be served on him, or that 
 ho has good reason to believe, and does believe that he 
 intends to remove his effects so as to defeat or endanger 
 <leponent's debt. I'^pon such comitlaint the Justice may 
 take the bond of the dojionont, with two good sureties, in 
 <loiible llic aiiioniit oi' the siiui claiiiii'd. payable to the 
 opposite [larty, reciting that a domestic Attachment is about 
 to issno, and conditioned to pay and satisfy to the obligee 
 
381 
 
 all costs and damages lie may sustain by reason of the 
 interference of the deponent, if the suit be discontinued, 
 or the deponent cast in the action; which bond and athda- 
 vit shall be immediately filed by the Justiee witli the Clerk 
 of the district, and every domestic Attaclimcnt without sucli 
 bond, taken and returned to the Clerk's office, shall be 
 null and void. 
 
 The Justice may thereupon a-rant an attachment aii-ainst ii'- , 
 
 ^ >■ ^ o Duty iif .Iiistice. 
 
 the estate of the party com})lained of, or so much as may ^^'•' 
 be sufficient to pay the debt, addressed to all and singular 
 the Sherift's of the State, commanding them to seize the 
 slaves, goods and chattels of the party against whom it is 
 directed, and to summon any person indebted to such 
 party, or having property in his hands belonging to him. 
 to appear at the next Court for the district in which tlie 
 attachment issues, to answer on oath whether he is indebt- 
 ed to the defendant, and in how much, and whether he has 
 an}' property of such defendant in his possession. 
 
 And the Sheriff on receiving: such i)roces8 of attachment ''; .^ 
 may seize the slaves, goods and chattels of the party ab- 
 ^scondiug wherever the same shall be found, and summon 
 the parties having any of his property, or being indebted 
 to him, to be and appear at the next Court M'ithin the dis- 
 trict, to answer whether he was or is indebted, and in how 
 much, to the party sued, and whetlicr he had, at the time 
 when he was served with the attachment, any of his effects 
 in his possession or under his control. 
 
 The Sheriff mav take a bond with jjood securitv for the ]'' , 
 forthcoming of the property seized by him. 
 
 The writ of attachment and the bond and the jjroceed- u.. 
 ings of the Sheriff shall be return jd to the next Court ofmxto.un. 
 the district ; and the Court may co.upel the garuislioes to 
 answer to the exigency of tlie writ and summons. 
 
 The attachment shall be repleviabU- by putting in special j,, ir, 
 bail, if ruled to do so by the Court. ^ siuVim i,,,ii 
 
382 
 
 ]}'-f'-., All ffoodi? and effect? attached and not replevied, shall 
 
 he sold and di!*posed of toward satisfaction of the plain- 
 tiff's jiidg'ment, in the same manner as if they were tnken 
 on a writ of /?. fa. And where the attachment has heen 
 sen'ed in the hands of a third person, and upon examina- 
 tion it appears that he is indehted, or has in his possession, 
 or under his control, property- helonging to the absconding 
 debtor, it shall he lawful for the plaintiff to enter up judg- 
 ment against such debtor, and take out excc-ution against 
 such tliinl person for the amount of the debt, or the value 
 of the eflects in his keeping, or so much thereof as may 
 be sufficient to satisfy the plaintiff for his debt, damages 
 and costs. 
 
 "'■ If the money, goods or chattels attaclied be n(»t r^-pU'V- 
 
 ied, the action against the defendant shall proceed iis in 
 case of default of appearance ; and if they be replevied, 
 the subse(pient proceedings shall be the same as in case of 
 arrest and bail put in. 
 
 w'iiwMi..MM.i.i.«.i,iiot -^^^^ ^^ ^^^^ debt sworn to does not exceed twenty dollars, 
 x..i-ii«.Mi.v.i..iinn.. ^jjg Justice taking security, as aforesaid, shall direct the 
 attachment to some Constable of the district, and make it 
 returnable before himself or another Justice ; and, upon 
 the return of the attachment executed, the Justice before 
 whom it is returnable shall hear the case; and if judg- 
 ment be given for the plaintiff, shall make such order for 
 the sale of the goods attaclied, or for impounding the 
 money owing to the defendant, or so much as may be 
 necessary, and give such judgnient, if need be, against the 
 garnisliet's as to justice may apjiertain. But if the plain- 
 tiff sJKiIl iail to establish his debt, judgment shall be given 
 for the delendant, and the plaintiff's bond assigned to de- 
 fendant, with liberty to sue for any damages he may have 
 sustained by plaintiff's interference. 
 
 III. — Attachments by Jdstlces against Absent Debtors. 
 
 M.. .\..\..i'>:ii. vi.wi. And Justices of the Peace shall have jurisdiction of all 
 
 *ii.iri,m.t,i i.y.i,iMirr... (leniands, not exceeding twenty dollars, against the jtrop- 
 
 erty within the State, of an absent debtor living out of the 
 
383 
 
 State, and may attach such property, and make all necessary 
 orders for the satisfaction of the deht, out of the property 
 attached. But no attachment shall be granted by a Justice 
 against the property of absent persons, without the positive 
 oath of the party suing, that the amount claimed is due, 
 and good security not only to answer all costs and damages, 
 but to refund, if the other party within two years after 
 judgment, in case judgment may go by default, shall come 
 forward and contest the debt. In which case the party 
 suing must sustain his judgment by evidence, or it shall be 
 set aside. 
 
 It shall be the duty of the justice granting an attachment Relw,io tin... t.. i.. 
 against the property of a person out of the State, to give^'^""" 
 reasonable time to the party to appear and see that notice 
 be forwarded by mail, if his residence be known; and such 
 nonresident shall be admitted to make his defence at any 
 time while the case is pending. 
 
 And all proceedings had by any justice against the prop- ii>-43i. ?3. 
 erty of an absent debtor, shall be tiled, as soon as judgment 
 is given, in the office of the Clerk of the district. 
 
 And if the nonresident party gave notice of his intention wi;J/jen .lays notice 
 to leave the State ten days before his departure, and posted ^:[v;n!C'aZiiM?^nt^iic" 
 that notice at the door of the court-house and at the 
 muster ground of the beat to which he belonged, he shall 
 not be proceeded against at all by attachment. 
 
 (/;.)_Bail. 
 
 No person except transient persons shall be held to bail a. a. neo, v. l. 27:$ 
 for a less sum than thirtv dollars sixtv-one cents; nor with-. N'< pemm t.. i.e iipia to 
 
 Imil for lentt tliiiri tliiity 
 
 out a positive affidavit annexed to the writ of the sum''"""'"'!,,'''^'/-""'" V"'"- 
 
 i imr witliont nlHilavit an- 
 
 actually and really due, and an order endorsed on the ^vrit. "'"^,^,',^y^";^*;p,. 
 
 In cases where bail is not demandable of course, it may !'••• «"■' Mibs-pim.! 
 be ordered, and the amount fixed bv a Judge of tlie Court naiii«i«.vi;efix.Miatthf 
 
 *- ~ ilifcrction III the Cdurl. 
 
 of Common I'leas and General Sessions, or by the Clerk of 
 the Court out of which the jtrocess issues, or ly a commis- 
 sioner of special l)ail. on probal)le cause, shown by affidavit 
 
384 
 
 of tilt' plaintiff, and oorroltoratiiiir aftiilavits wliero neces- 
 sary, ann«.'Xi'»l to tlu* writ or proci'ss. 
 
 B•■^^!lif^l24^.^^l^•r. ^^'"' '"''y ^'*-' ^''^'^ '" ''''^'-' '"•i""*^'''^ ''^ aiiv staiTo ot' the pro- 
 cccditiijs, l»y an order of a Judge, Clerk or Conunissioner 
 of Special Hail. 
 
 A A. Kos. VII. 3^4. Con>niis!*ioner8 of Special I)ail mav lio appointed 1)V tlie 
 
 Cy>miiiii«ii..mT» »f Bail. * .11 
 
 bo* ■iH«.iuiod. Associate Judges of the State; and tliey sliall have jiower, 
 
 in tlieir respective districts, to take recognizances of special 
 l)ail and afti(hivits, in causes dc'itciiding in the Courts of 
 Common Pleas and (General Sessions, and ccrtily and ti-ans- 
 mit them to the said Courts, where they shall he as valid 
 and effective as if taken hy a Judge. 
 
 A. A. iH* vn.3.K. ^pi,^. i.jiii taken hv the Slieriff on the service of tlie writ 
 
 (Vtniiiion lUil liKblr, ' 
 
 Mr. i« .«JiK^i«i B*ii. („. pi-ocess shall he liahle, in case the ]>i-incii»al he not sur- 
 rendered at tlie return of the wi-it, in tin- same manner, and 
 he entitled to the same rights, as special hail, and may sur- 
 render the jirincipal, or the ]»rincipal may sun-ender him- 
 self, in discharge of his hail, at any time jiending the 
 action: and it shall not he necessary, either for hail to the 
 Sheriff, or special hail, to ol)tain a Judge's order for leave 
 to stirrender liis principal, hut he may, at any time, surren- 
 der him to the custody of the Sheriff. 
 
 A. A.. 1S27. VI. :«7, In trover for the rccoverv of anv specific chattel, the 
 
 {1. 2: 1K.TH. XI, llW. g22. , • • ' 
 
 scyiirit.v in ir-v.-r At i ,]jiii,titf nuiv bc entitled to security lor the i>rt)duction o\' 
 
 <lfli\rry i>r rlinltcl. J ./ . i ^ 
 
 the chattel sued for, as well as hail, in order to ohtain 
 security tor the [>roduction of the chattels, it is necessary 
 that the plaintiff, or his attoiMiey or agent, make a positive 
 affidavit that the chattel sued for is the [)roperty of i)laintiff, 
 and that it is worth so much, and that the defendant has 
 taken it I'loni him, or state eirciuiistances amounting to a 
 conversion. On such affidavit, any one ol' the .Vssociate 
 .hidges, or the Clerk of the Court from which the process 
 issues, may grant an ordci- dii-ecting the Shei-iir to whom 
 the writ is sent, to take the hodv of tlu' defendant, and 
 
 AltPMvl. . ■ 1 • -iV II- 
 
 ,<!«• A. A. i*«;iii. .\i.io:o»)ni|>el lum to enter nito security t»> the piamtifi to deliver 
 i8.'.7. xn m:>. ' , 'i • • ,. 
 
 the chattel sued for, m case the plaintift may reeover. And 
 
 such specific chattel shall he liahle to the i)laintiti''s judg- 
 ment, to the exclusion of all otlu'r creditors. 
 
385 
 
 The plaintiff in trover, or his agent, after such sccnrity, ]l\\^,.^^_ 
 before filing his declaration, shall enter into bond with,i,f[;,";.l.^;^;;,/'\'",i'^;X' 
 good and sufficient security, to the defendant, to be taken ""'' '^'"'"'s*''- 
 and filed by the Clerk of the Court in double the value of 
 the chattel sued for, to prosecute his action with success, or 
 to pay the defendant's costs, and all damages that he may 
 sustain, by reason of the arrest and compulsory process 
 aforesaid. And in case of the plaintifl''s failure to give such 
 security, his writ and all subsequent jiroceedings shall abate 
 and judgment be entered against him for defendant's costs. 
 In case the plaintiff, in any action of trover, shall have 
 reason, pending the action, to apprehend that the property 
 is not safe in the hands of the dctendant, he may obtain an 
 order for security, as aforesaid, for the forthcoming of the 
 property, by application to a Judge of the Court of Com- 
 mon Pleas or to the Clerk of the Court from Avhich process 
 in the case issued, showing, by affidavit, his ownership and 
 the insecurity of the property, and entering into a bond as 
 aforesaid, to answer all costs and damages, if he shall fail in 
 his action. 
 
 It shall be lawful for the jur}', in an action of trover, to ^'cw. 
 
 , • 11 1 1 f 1 1 • 1 .Jury iiutliori/.ed tofinJ 
 
 find Specially the value oi the property, and give thevoniict in the aiteniH- 
 defendant the benefit of a condition to return th'e prop- 
 erty or pa}- the assessed value, in addition to damages for 
 taking or detention. 
 
 Whenever a person domiciled in this State, being in- a. a., isso. xi. so. 
 debted by bond, note, or otherwise, is about to remove or 
 abscond from the limits of this State, and the said debt is 
 not yet due, but payable at some future day, it shall and 
 may be lawful for the obligee, payee or holder of said 
 demand, or his assignee or endorsee, as the case may be, 
 upon swearing that such person is indebted to him, and 
 that the demand is just and owing, but not yet due, and 
 that tlie del)tor is about to abscond or remove without the 
 limits of tliis State, and that such creditor was not aware 
 that the debtor had any intention to remove from the State 
 at the time when the original contract was made, or at the 
 time of such assignment or indorsement, as tlie case may 
 be, to commence an action by issuing a writ or process 
 25 
 
 I'rorecilinjfs <iii 
 demandH nut vet due. 
 
886 
 
 returnable to the Court next after the day of payment fixed 
 in such demand, and shall liave power to hold to hail in 
 the same manner as is now provided in eases of debts actu- 
 ally due: Prorkled^ nevertheless^ that if the debtor shall 
 make it appear before the return daj' of the writ or process 
 to a Judge at Chambers, or in open Court, that such 
 debtor, at the time the contract was entered into, had the 
 intention to remove from the State, and that such intention 
 was at the same time known to the creditor, the said suit 
 shall be dismissed with costs, 
 
 'i'-?^- .. ,, , Whenever tlic debtor, so sued, shall pay up the demand 
 
 l)f>l>t<ir not liRlilo fiT 1 ■> L J I 
 
 ..-In: whrn. g^ej o,j^ to thc plaintiff, his attorney, or the Sheriff of the 
 
 district, previous to the return day of the process issued, 
 he shall not be liable to pay the costs, but the plaintiff 
 shall be responsible for the same. 
 
 A. A.. iMi, xi. 210, J^o person belouirinff to the militia shall be arrested by 
 
 Irtl: IMS. Xl. 41. gl'2. ^ & & ... 
 
 Kx.mi.fion from prtv^jiy iiroccss reciuiriiii!; bail or securitv, while iroing to, 
 
 <■<■«< of i>rri<oii8 and •'x lO >j ' oo' 
 
 iqnii.mrnt* of militia, retumiug tVom, or attending militia duty, unless for 
 treason, felony, or breach of the peace ; nor shall any arms 
 or equipments required by law, or horses used in tlie per- 
 formance of militia duty, be liable to seizure, distress or 
 execution : Provided^ that this exemption shall extend to 
 but one horse to each trooper, and that such horse be regis- 
 tered with the commandei* of the troop. And if any civil 
 officer shall arrest the person of a militia man, contrary to 
 this law, he shall be liable to a penalty of fifty dollars, to 
 be recovered by indictment. 
 
 A. A.. 1K41. XI. 208, Xo person who may be called into service or embodied 
 
 f 150. ^ . . . 
 
 Exi-mption from pro-])y tlic cxccutive autlioritv of the State, shall be liable to 
 
 cwMi of porsoMH in nctiiiil •' ' . 
 
 •*"■''•''• be sued or served with any sort of process, except for 
 
 treason, felony, or breach of the peace, while in service, or 
 within thirty days after being discharged from the same, 
 under the penalty of twenty dollars, against any civil offi- 
 cer executing such process, and the service of such process 
 shall be void. And all suits and executions against such 
 person shall be staid during his service, and until thirty 
 days after his discharge; and any person making any levy, 
 distress or sale, contrary to these provisions, shall be liable 
 
387 
 
 to be indicted and fined in the sum of twenty dollars ; and 
 sncli levy, distress or sale shall be void. See, also, Const., 
 Art 7, § 14, and Sheriff: Elections. 
 
 {c.) — Proceedings before Trial. 
 
 The defendant shall enter his appearance dnring the App;;^,;n^ce^ "it^inl 
 Term to which the writ is returnable; and if he fail so to •^-'v.r.ilf Si-ed';' '" 
 do, judgment shall be rendered against him by default, •^'^"''''• 
 subject, however, to be opened upon application at the 
 discretion of the Court at the next term, and submitting to 
 such terms as the Court may impose. 
 
 The plaintiff shall file his declaration on the return of ib. 
 
 .. n ^ /->, 1-11 Declaration to he filed 
 
 the writ, durins; the sitting of the Court to which the pro- 'ii.nnK the term after re- 
 
 '-' "-^ , , Ml fi"'"' 01" before the next 
 
 cess was returnable, or at any time atterward, until the term, 
 next succeeding Court. 
 
 "& 
 
 The defendant shall put in his plea within one month }\- , ^, ,. ,. 
 
 ■I ^ Plea to be flleil in thirty 
 
 after notice of the declaration, or an order for iudgment^'fys "ft'''- notice of de- 
 
 ' t* o claration. 
 
 by default shall be granted by the Clerk, subject, however, 
 to be set aside at the term ensuing, upon motion for leave 
 to plead and tender of an issuable plea. 
 
 In any suit respecting lands, in which the title may be s,;,^.ejf mI"'\L^lrl 
 drawn into question, a survey may be ordered to ascertain '''^'■'"^• 
 the true location and admeasurement of the land, and make 
 and return a plat thereof. And a surveyor appointed by 
 the Court, if the parties agree; and if they do not agree in 
 their choice, then one surveyor on the part of the plaintiff, 
 and one on the part of the defendant, shall be appointed. 
 The survej'or shall be paid by the parties, according to 
 their agreement; and the fees allowed by law shall be costs 
 in the cause in behalf of the party wdio recovers the land. 
 And the plat of the premises, certified upon oath by a 
 sur\^cyor so appointed, shall be received as evidence in the 
 cause. 
 
 In any action in which a view of the premises may be ih. 
 
 • • . r. .1 J ,• ,1 i 1 ' Kxnminers apiiointwd 
 
 requisite tor a proper judgment ot the M\istc, damage or t«) view pince. 
 nuisance complained of, the Court may ap)>oint one or 
 
388 
 
 more suflicient pers^ons to examine tlic place, witli reference 
 to the injuries complained of, and make a return thereof to 
 the next sittiiiij of the Court. And such return, certitied 
 on oath, sliall he reei-ivid in evidence. 
 
 oAot;' I'.^J'J^'^^' Commissions Ironi anv State in tlu- I'nion for taking 
 G.inmiMioM to ix«"'- evidcuce in this State, may be execute<l hv olitaininu^ from 
 a.Iudije of the Court of Common I'leas, in term time or 
 vaeation, an order to the Clerk of any district to issue a 
 suhpcena requiring the witness to attend and give evidence 
 before the persons named as Commissioners, in the commis- 
 sion. And it shall be the duty of the Commissioner or 
 Commissioners, to give the witness two days notice of the 
 time and place of meeting, wliich place shall not exceed 
 fitJteen miles from the residence of the witness, who shall 
 be entitled to one dollar per day for his attendance and 
 travel, in addition to his ferryage and tolls in eoming and 
 going: and the Commissioners shall tax his bill and retain 
 the commission until it is paid, or be themselves lialile for 
 the amount. 
 
 ii*-. , , . If anv witness neo-lects or refuses to attend ui)on such 
 
 Lmiiilitv of wifn<?«B ne- . o i 
 
 Kicctiiigorrefu«inKtoat-snijpf[.n.i ]iq shall iucur all the pains and penalties pre- 
 
 ten<l ii)Kiii Kubpu-na. '■ ' i tr i 
 
 scribed b}' law for refusing or neglecting to obey the requi- 
 sitions of a subpcena issuing from the Courts of this State; 
 and upon affidavit of such refusal or neglect, a rule to 
 show cause may be issued from the Court of the district 
 in whidi he resides, and niton failure to show sufficient 
 cause, he may be attached for ct)ntemi)t. 
 
 lb. Conmiissions, under the seal of the Court, for the exam- 
 
 «»«• ination of su-k and mlirm witnesses, or witnesses residing 
 
 out of the district or State, or about to remove IVoiu the 
 State, or whose jtrescnce cannot be i»rocured by reason of 
 official or jtrofessional duty, may be granted by an Asso- 
 ciate Judge, or by the Clerk of the Court of Common 
 
 Interrogations to ii- i'lcas ill the district ill which the case is pending. The 
 }»arty making api)lication for sucli commission shall tile his 
 interrogatories and serve the opposite party with a copy 
 iiiiil ti'ii day.s notice of the a]i]>lication, ami the iiauies cjf 
 his C'ommissioner oi* Commissioners. 
 
389 
 
 If the party served with notice appears and resists the And affidavit: when, 
 application, it shall he necessary for the applicant to sup- 
 port the grounds on which he claims the commission, and 
 show that the witness is material, hy affidavit satisfactory 
 to the Jndge or Clerk before whom the motion may be 
 made. 
 
 When the commission granted is for the examination of •"'•^"■''♦o'ssuesubpopna. 
 a witness in the State, it shall be the duty of the Clerk to 
 issue, if required, a subpama commanding such witness to 
 attend and testify before such Commissioner or Commis- 
 sioners, untler the same pains and penalties for refusal or 
 neglect, as in the case of other subpoenas. 
 
 Whenever it shall be necessary to examine by commis- i''- 
 
 •^ _ _ •' Liability for refusal to 
 
 sion, in causes depending either in this State or other ^^''''^^y- 
 States, persons unable to leave home, by reason of age, 
 infirmity, sickness or bodily hurt, they shall be attended 
 by the Commissioners; and in case of their refusal to give 
 evidence, or to answer to the direct and cross-interrogato- 
 ries, shall be liable to the action of the party injured by 
 want of their testimony. 
 
 Either party to a cause in which a commission has been ">■ 
 
 , .,,. . iiy-i • \U\\c to compel attend- 
 
 issued may, m the discretion ot the Court, on motion anda'-cc 
 upon showing that two days notice thereof has been given 
 to the adverse part}^ or attorney, be entitled to a rule to 
 compel the personal attendance of any witness so sum- 
 moned, who may reside in the district or not more than 
 thirty miles from the court-house where the trial is to be 
 had. 
 
 The Judges of the Courts of Common Pleas and Gen- a. a., isis. vii. 321. 
 
 1 ci • '^ 1 11 1 /-^i 1 en Law .Judges' powers at 
 
 era! hessions shall nave at Chambers full power to grant <^"ii'in'i'frs- 
 writs of prohibition, mandamus and quo warranto, and to 
 hear and determine motions to set aside or stay executions; 
 and from their decision at Chaml)ers an appeal shall lie to 
 the Court of Appeals in tiie same mnnner as if the decis- 
 ion had been made in open Court. 
 
390 
 
 (</.)— Trial. 
 
 » . ,fi/« VII QAQ I" actions on li(iuidatefl demanflf!, after an order for 
 LiMiii.iai.Mi dj|u.ai.dito;u(](rnient by default, lu* writ of inonirv nor proof of the 
 
 Ik" referred to the Clerk. O C< . i I.I 
 
 canse of action shall be necessary; but the case shall be 
 referred to the Clerk to ascertain the sum due, and u])on 
 his finding the plaintift* shall be entitled to enter up tinal 
 judtrment. savinc: the defendant's ritrht to open the judg- 
 ment at the same term as above mentioned. 
 
 A. A.. iTTU-vii 2K<i.j7. Ju aiiv actiou on bond conditioned for performance of 
 
 Binidt^ nut rMiidifKnicd • * 
 
 fori-aviiuiiiMf iiK.no.v toeovenants, the delivery of ])roi»ertv, or things other than 
 
 he »ubmitled to jury. ' J I I .. ■• n 
 
 the payment of money, the plaintift" before he takes out 
 execution, shall submit the condition of the bond, and the 
 special circumstances to a jury; and the jury shall assess 
 the debt or danuiges actually due, and the execution shall 
 be levied accordingly, and the judgment for the penalty 
 shall stand as a security for the sum so assessed 1)y the jury 
 and the costs of suit. 
 
 ih^iidl*!a\naytffrr ^^^ ^1' actlous of (Icbt ou Ijuud, tlic dcfeudunt shall be at 
 e^vidence under gVnen.1 ]i\^Q^.^y^ „j,jer thc plca of tlic geucral issue, to oftcr in evi- 
 dence any matter tending to show that the bond was void 
 in its creation, by giving twelve days notice to the opposite 
 party of the nature of the defence intended to be relied 
 on. 
 
 i»of.N.?..ntH right tn of. The liberty of giving such matter in evidence without a 
 M-'rve!'.'*''^ •!<''"«■'«<' re- spccial ]tlca slial! not derogate, in any manner, from the 
 rights of defendant to any other defence which he might 
 make under the general issue. 
 
 A. A.. 1802, VI. 43r.. Ill actioiis of dcl)t Or assumpsit, the bond or note sued 
 
 lliiiiilwrltint; "f miild-r 
 
 "f note or i«.nd may i.efjii ina\be itrovcd witlioiil tlic subscriliini-- wltiicss or wit- 
 
 provon without Buhsciilj- " ' . ' 
 
 iiiK witiuKgoH. nesses, unless tlie delendant will swear that the name 
 
 signed to the bond or note is not his signature. And the 
 same rule shall be hqld as to suits against executors or 
 administrators, unless one of the defendants ^vill swear that 
 he does not believe the signature to be genuine. 
 
 A. Ai, i7Bi,v, 170. Tlie method of tryinff title to lands or tenements shall be 
 
 Trenpn'-H to try titi"-. • '^ 
 
 Keai names tJb^ uMd. j^y actioii of trcspass to try title, wherein the real names of 
 
391 
 
 plaiutift' and defendant shall be used, and not fictitious 
 
 names: and if tlie jury find for the plaintifi:' they are also Judgment for (tei.i«K^-.- 
 
 '' '' -c^ 1 /. as well aa for rec(5verv '>i 
 
 empowered in tne same verdict to award- damages for'a'iJ- 
 mesne profits; and the judgment shall be entered on such 
 verdict as well for the damages as for the recovery of the 
 laud; and the plaintiff in such judgment shall be entitled 
 to a writ of possession for the land and to execution for his 
 damages. 
 
 In actions of trespass to try title, the plaintiff shall a.a., i-si.v.zre.jiKi. 
 
 '^ . , Writ to bo endorsed. 
 
 endorse on the original and copy writ that the action is 
 brought to try the title as well as for damages. And the Defendant may dis- 
 defendant, in such action, ma}' disclaim or plead the general raMssue. 
 issue or any special plea, if the defence requires a special 
 plea. If the defendant disclaims, the plaintiff ma}^ admit 
 the plea; and in that case, defendant's disclaimer of title 
 shall be entered of record, and the defendant's costs shall 
 be taxed and paid him by the plaiutift'; and in case the 
 plaintiff"' shall fail to do so, the defendant shall have execu- 
 tion for them; or the plaintiff' may repl}' a trespass in fact 
 by the defendant, and a right to proceed for damages, 
 which will put him on the proof of his right of possession. 
 And if the defendant pleads not guilty, he shall be held to not guilt/ *""'*'" '""'"' 
 admit the trespass laid in the declaration, and the plaintiff 
 shall be put upon his proof of the right of possession. 
 And proof of title by descent or purchase from any one in 
 possession of the premises before the bringing of the 
 action, shall be evidence of title to throAV the burthen of 
 proof upon the defendant. A deed of conveyance shall l»e bo'lTidencr"'"'''""" '" 
 evidence that the grantee received possession from the 
 grantor, and such possession shall be equivalent to evi- 
 dence of seisin. And it shall be competent to the defend- ""♦'/•^ ""'■ o"' "<^""' 
 
 i ^ plaintiff. 
 
 ant to prove a better title out of the })laintift'; and the 
 ]tlaintitt' shall recover on the strength of his own title; but 
 in the absence of countervailing proof, the title shown 
 shall be deemed the best title. IS^or shall the better title, 
 as shown, fail for want of connexion proved with the orig- 
 inal grant. And naked possession, without length of time 
 t^ raise the presumption of a deed or grant, shall be 
 deemed possession of and for the benefit of the real owner. 
 And if the defendant pleads a special plea, such plea shall 
 
392 
 
 be held to admit so much of the declaration as is not 
 denied by the issue tendered. 
 
 A^.. 1768, XI 1. 300. 1 4. ,\^ii (lisjiutes, exooi.ting wliere the title to laud is directly 
 FniiiinarT pr.K^.*». j,, igfsme, whcre tlic matter in con trovers}'^ does not exceed 
 one hundred dollars, may be determined in a summary 
 way without a jury on a petition containing the plaintiff's 
 denuind plainly and distinctly set forth. A cojty of the 
 petition must be personally served on the defendant, or left 
 at his residence on or before the return day of the district 
 in which the suit is brouijht; and at the hearinic, I'hiintiff 
 and defendant shall have the benefit of all matters material 
 to the action or defence, whether in law or equity: but in 
 case either party shall desire a trial by Jury, it shall be the 
 duty of the Judge to cause the issue joined between the 
 'parties, tx) be tried by the jur}- empanneled in tlie Court. 
 
 Note. — Thei<o are the rules of the action of ejectment, which it wa^ the inten- 
 tion of the General Assembly, expressed in A. A., 1791, V, 171, and K'.U, VII, 276, 
 2 16, that the Courts should enforce. 
 
 iVafiitiff *'^"'*^'^'" ^" *^^^ ^^^^ ^^ ^^'^ suiiiiiiary process docket, the i)laintiff 
 shall not be obliged to prove a licjuidated demand, unless 
 the writing be denied on oath, or some matter pleaded in 
 defence. But on motion to the Court, a decree shall be 
 entered as if the writing had been proved. 
 
 A 4..i7w.vii.295.gi4. Evcrv Associatc Judije shall, when thereunto reciuired. 
 
 Bill of cxreptiuuB. ^ •' . . 
 
 sign and seal a bill of exceptions, if the same l)e tendered 
 with a correct statement of the points decided before the 
 jury have brought in their verdict. 
 
 i*47*j'"L*]iV'?B?i^* -^^' action arising from contract, wherein the sum de- 
 'IctioMH on contract for ^^^'^'^^'^ ^^ not abovc twcuty dollars, shall be brought in 
 ZLr[« bi'S the Court of Common Pleas. And in actions of tort, if 
 IS'"""""'"" "'""the plaintiff shall recover less than thirteen dollars, he 
 
 CoKtu innctiotiHof Tort, iiii ill' j. j. ' 1 x1 ' \ j. ^ 
 
 A. A.. i7«i. VII.297. shall lose all his costs, except m cases wiicre the riglit of 
 property is drawn in question ; and in such cases, where 
 the plaintiff' establishes his right of jtrojterty, he shall 
 recover his full costs, if the verdict be for four dollars or 
 upwards. 
 
393 
 
 If the plaintiff or defeiidaiit in any action die after an Ni/abat^meVtytofn: 
 interlocutory, and before a final judgment, the action shall '"•^-"^"'•y •*»■'='"-'«• 
 not abate by reason thereof, if it might have been main- 
 tained originally by, or against executors or administrators. 
 But the executors or administrators of the plaintiff shall 
 have a scire facias against the defendant, if living, or his 
 executors or administrators, if he be dead, to show cause 
 why damages in such action should not l)e assessed. And 
 if the defendant, his executors or administrators, shall not 
 appear at the return of the writ, and show cause sufficient 
 to arrest the final judgment, or shall make default, or can- 
 not be found, a writ of inquiry shall be awarded, which, 
 being executed, final judgment shall be given for the plain- 
 tiff, or his executors or administrators. 
 
 If there be two or more plaintiffs or defendants, and one on'-dUti. of one o. two 
 or more of them die, the writ shall not thereby be ahatcd, ;.;:„ 'l^ll^^ l;Ht'I,o^";^■ ''" 
 if the cause of action survives for the surviving plaintiff, "'"'*"■ 
 or against the surviving defendants; but such death being 
 suggested on the record, the action shall })roceed at the suit 
 of the surviving plaintiff' or against the surviving defend- 
 ant. 
 
 Judgments. 
 
 All Powers of Attorney for confessing or suffering Judg- ^^^ ;•^••^"^^•^'"•^'•^• 
 meut to pass by default, and all general releases of error t,/^!;^''^^^ jf.j'^^^jjj^*^' 
 before action brought, shall be absolutely' null and void. 
 
 All Judii-ments shall boar interest on the amount rccov- a *., isse.xii. 532. 
 
 o .liKlgiiicnts to bear 
 
 ered, exclusive of costs; and the subsequent interest shall '"''*'"««^- 
 
 be levied by the same execution, and have the same lien as 
 
 the principal. ^ 
 
 Xo Judgment shall constitute a lien against purchasers j j^j^j^- ^"^^' ^'"- ^''-'• 
 exceiit on lands in tlie district in which it is entered up, or Nl'i[on Vvon.i the <ii»- 
 in which an execution of A", fa. in pursuance of it has p"j;}/",rcepf wVo^e'^x^^ 
 been lodgetl in the Sheriff's office ; and in the latter case, ^"•'''" '"""'"'" "'''«'"'• 
 .ludgnient shall operate as a lien against purchasers from 
 lodging tlie execution only. 
 
304 
 
 A. A. 1821. XI, 108, Yor any debt on bond, note or book account, a Judg- 
 m«'^"^.cTn,.^ui-.nx:^iie"t may be taken before tbe Clerk of the Court of Coni- 
 [nwf/ch d.'iU^ri^lacf!!* "1*^" Pleas and General Sessions of the district in which 
 the debtor resides, if he has any residence in the State ; 
 and if he lias no residence in the State, then in any dis- 
 trict in which he may be found. 
 
 Huw tin- rt-corJ ehall 
 bf madr up. 
 
 Such Judicmcnt sliall be confessed and recorded in the 
 following manner, that is to say: the creditor and debtor 
 shall appear in person before the Clerk, and produce the 
 evidence of debt, and the creditor shall make oath that the 
 debt is fairly and hona fide due, and that the agreement 
 between him and the debtor, for the confession of Judg- 
 ment, is not for the puqiose of defrauding the creditors of 
 the debtor. And the Clerk shall transcribe the bond, note 
 or account, and the affidavit, in a book, and file the origi- 
 nal in some place in his office, kept for that purpose, and 
 underneath the copy and affidavit, the debtor's confession 
 shall be written and signed to the following elfect: 
 
 The State of South Carolixa, 
 District. 
 
 I, A B, do hereb}' confess tliat T am fully indebted to the 
 said C 1) in the sum of dollars, being the 
 
 amount of the above (bond, note or open account), and 
 interest thereon (if any). 
 
 Given under my hand, this . day of 
 
 in the year one thousand eight hundred and 
 
 Signed A B. 
 
 In the presence of 
 E F, 
 
 a a p. 
 
 Effect. 
 
 Such coiiicssion, from the dati' tlu'rc'ol", sliall be a debt 
 of record, and create a lien, as a .ludgnu'nt, on the debtor's 
 lands and tenements, as against subse([uent juirclias(,'rs and 
 Judgment creditors, from the date thereof. 
 
 Kxociition. 
 
 It shall be lawful for the Clerk, or any Attorney of the 
 Court, at the request of the plaintiff, to issue execution 
 
395 
 
 against the lands and goods, oi* body of the defendant, in 
 like manner as if the Judgment were founded on verdict 
 or Judgment in open Court; and such execution shall 
 operate as a lien to the same extent as other executions. 
 
 It shall be the duty of the Clerk at the nexi: sitting of, 4f^^:;^;,':''«'«^^^''" 
 the Court of Common Pleas and General Sessions, in his 
 district, to read from the record in open Court, on the iirst 
 day of the term, all Judgments so confessed since the last 
 term. 
 
 In case any person shall be aggrieved by any such con- """ "'* '*^'''''- 
 fession of Judgment, it shall be lawful for him to file a sug- 
 gestion in the said Court, immediately or at any time, to 
 set aside the said Judgment for fraud or want of consider- 
 ation ; and the issue shall be made up without delay, and 
 tried by a jur}-, and if the verdict be against the said Judg- 
 ment as fraudulent, it shall be vacated and marked on the 
 record as null and void. 
 
 Decrees in the summary process jurisdiction shall ere- u;*relJ?nsum^nn^ * 
 ate the same lien as Judgments. process. 
 
 For mode of entering and compelling entry of satisfac- 
 tion, See Clerk, post. 
 
 In Charleston district a notice of appeal upon a Judg- a. a.. is56. xn. 4S9. 
 ment in the Court of Common Pleas shall not operate as a 
 supei^scdcas to stay any exec^ution except a ca. sa., unless 
 the presiding Judge before whom the Judgment was re- 
 corded shall grant a stay of execution. 
 
 But, after a notice of appeal, the plaintiff shall not erj- , ^i^^™;'*^" f ,^,';*'^^" f 
 
 ■ 1 1 ' ir Appfalfrom Jiulginoiit to 
 
 force a sale of propert}^ without giving a bond to the ^"*y ''''^'^'^"*''^"- 
 defendant, with two good sureties, in double the appraised 
 value of the property, or double the amount of the Judg- 
 ment, conditioned to pay all damages which the defendant 
 ma}' sustain l>y reason of such sale, in case the Judgment 
 be reversed. Xor shall the jilaintiff in such case l)e allowed 
 to proceed with a sale of tlie defendant's property, if the 
 defendant do tender an indemnity bond, with good sure- 
 
396 
 
 ties, in double the appraised value of the property, or the 
 amount of the Judcrnient, to pav the Judirnient, with lejijal 
 interest and costs, or produce the jiropcrty levied on, and 
 submit to the sale in case tin- .ludijnvent be confirmed. 
 Tlic seturity shall be taken, and the bond filed with the 
 record bv the Clerk of the Court. 
 
 Execufions. 
 A. A. iM.v VI. :,.?.x Executions mav issue on anv iudi^ment or decree in law 
 
 Kx<Tiiti(iiiH nmy iHKur . . .1 .-^ 
 
 within nine v.«rK after ^,,. ^,,„j^^. jj^ auvtlmc witliiu tlu'cc vcars after si^jnino; or 
 enrolhncnt thereof, without any ri'\ival of the san^e. 
 
 A. A., issi. VI.214. j4. '•pinj lollowin;; articles shall be exenutt from lew and sale 
 
 I'roportv pxpiiipt froiii '-^ '■ ^ ' 
 
 ^'■"y- for debt, to wit : To every family, two beds, with necessary 
 
 beddiuir : two bedsteads ; one spinnin<i: wheel and two pair 
 of cards ; the ordinary cooking utensils ; ten dollars worth 
 of provisions; one loom; one cow and calf; if a farmer, 
 the necessary farming utensils; if a mechanic, the tools of 
 his trade. 
 
 A.A.. 1R27. VI. .124. Kvepv wHt o\' Jicvi fttcias, capias ad satisfaciendum, attach- 
 
 ment to c(nnpel i)crfoi'mance of a decree in e(iuity, or 
 other final process, which shall be sued out of or from any 
 of the Courts of Law or Jvpiity in this State, originally or 
 by renewal, instead of being returnable at a day fixed, 
 shall be made returnalde in the woids "according to law;" 
 iiinrnbi"''"""*'"'" '^'" '^"^^ shall, without renewal, ]\-a\v active energy, to all in- 
 tents and purposes, for levy, sale, arrest or other execution, 
 as in the exigency thereof rcfpiired, from the time it shall 
 first be lodged, until the regular ti'rm of the (\)urt from 
 which it was suc(l, which shall t'ollow iic.xt alter the full 
 Tonin for four ycniH. coiniiletion of four vcars from its lodgment; and for the 
 
 and after niiiy bo renew- 1 /• .i ' .l >.• i • xi ^- j? 
 
 o<i within three. rcucwal of tlic saiuc at any time during tlie continuance of 
 
 its active energy as aforesaid, no costs shall be allowed; 
 l)Ut any time within three years aiter the expiration of its 
 active energy as aforesaid, the same may be renewed with 
 the usual costs; and whenever renewed, shall be again 
 subject to the rules herein i)rovided. 
 
397 
 
 The Slieriff, Coroner or otlier officer with whom final V'-J-' . ■ 
 
 ' Keturiis to be innde by 
 
 process as aforesaid sliall be lodo-ed, shall at each regular f"'"'''*^" "'\9'""""'-''"- '"' '•" 
 
 ■t <^ ' » tlip exocution whs re- 
 
 term of the Court from which the said process was sued '"''""^''' *"""**'' *'""'■ 
 out, during the centinuance of its active energy as herein 
 provided, until full execution thereof he returned, or until 
 the process be withdrawn from him, as hereinafter })ro- 
 vided, be held and bound to make return, as if the said 
 process had been made returnable to the term succeeding 
 its first lodgment, and renewed after eacli subsequent regu- 
 lar term. If he shall liave fully executed, he shall return 
 the process, with the manner of its execution ; if lie shall 
 have partially executed, he shall return, on oath, to the 
 Clerk or Register in Equity (as the case may be), a state- 
 ment in writing under his hand, of sucli partial execution, 
 with the reason of liis failure as to the remainder. If he 
 shall have wholly tailed to make execution, he shall return, 
 on oath, a statement in writing under his hand, of liis fail- 
 ure, with the reasons. And in any event, on the first day 
 of the term at which the active energy of the process sliall 
 cease, as herein provided, he shall return the process, if the 
 same shall not have been been before returned as fully exe- 
 cuted, or withdrawn from him. And the returns of the r.iii. 
 said officer, made as aforesaid, shall, foi- the fixing of bail 
 and all other purposes, have the same legal eft'ect as if the 
 said process had lieen made returnable to the tei-m suc- 
 ceeding its first lodgment, and renewed after each subse- 
 quent regular term. 
 
 If any person, having a right to control final jtrocess, ]!,'.,„.^.i;, „,„, ,,^ „.i,|,. 
 shall desire to withdraw it from the liands of the plierifi"''^'""^-"" •''''"'i" 
 or otlier officer, as aforesaid, the said Sherifi" or other offi- 
 cer shall be bound, after three days notice from such 
 person, to return the process at any time during the con- 
 tinuance of its active energy; and the same may, if not 
 fully executed, be again lodged in the same or any other 
 district, at any [)eriod during the continuance of its active 
 energy as aforesaid; and when so lodged shall, during 
 that time, be again subject to the rules herein jtrovided. 
 
 For failure or ne<,dect to make anv of the returns above- H'. H 
 
 * , " IViiallv foi not iniikiiic 
 
 mentioned, the hheritt or other officer as aforesaid shall be '"'■«'"•" 
 
398 
 
 subject to rule, attachment, action, penalty and all other 
 consequences, as heretofore provided tor the Shoritl's neg- 
 lect to return an execution; and for false return, failure to 
 execute or other neglect of duty, such officer shall be 
 liable, as the Sherifl" has heretofore been, by law, liable in 
 such cases. 
 
 conrt^may aj-point n ^'**'' i^ufficicnt rcosons showMi to hlni wliv tlic CoFonep 
 whT'u. pr.K-'^r""" ""* cannot or should not be employed, or on satisfactory evi- 
 dence that the office of Coroner is vacant, or that the Cor- 
 oner will not act, any Judge of the Circuit Court, any 
 Chancellor, or any one of the Judges of the Court of 
 Api)eals, in open Court or at Chambers, may, at the in- 
 stance and risk of any person having a right to control 
 such process, appoint a suitable person to serve or execute 
 any writ or process, mesne or final, sued or to be sued, 
 from any Court of Law or P^quity in this State, against any 
 Sheriff: and such person, having accepted the appoint- 
 ment, shall be entitled to receive the said process from the 
 Coroner or other [>erson having the possession of it ; and 
 as to the said process, shall be considered the Coroner, and 
 be vested with all the rights and powers and liable to all 
 the duties of the Coroner. 
 
 T. — Insolvency. 
 Pmoii Bounds. 
 
 A A. i:s8 v.:8. Insolvent debtors and poor prisonrrs may he enlarged 
 
 by the Court of Common Pleas, on giving security for the 
 J^rison Bounds or liules. 
 
 A. A.. 1S41. XI I.-.3. The Prison Rules shall, in every district, be coterminous 
 With the limits or the distru't. 
 
 ^i78K. v.7H,{2.3: 1840, rjx^^^ sccurity for thc Prison Rules shall consist of a Itond 
 ''•■'""'""^ to the Sheriff, with one or more good securities, to abide 
 
 by the Prison Rules, and not leave the district without tlie 
 order of the Court. The Slieriff shall be answerable for 
 the solvency of such security, if taken without due precau- 
 tion. 
 
■399 
 
 And if the sureties on the hond for the Prison RnlesmoVxLK^.^'*' '" 
 should prove insolvent, the Sheritf shall be liable as for annotuVo'Se."*"^'' 
 escape, unless he be able to disprove the imputation of "*"y" 
 negligence in taking insufficient security. 
 
 If the Sheriff refuse to show his prisoner, after one days a. a..i789,v.so,29. 
 
 -*■ •' Escape. 
 
 demand of the creditor, he shall be deemed guilty of an 
 escape. 
 
 No person shall enjoy the privilege of the Prison Rules J.|,'i;Ji,^ip 
 unless, within forty days from the date of his bond, he tiles 
 a schedule of his estate, or so much as is sufficient to sat- 
 isfy the debt for which he is held, and proceeds to procure 
 his discharge either as an insolvent debtor or poor pris- 
 oner. 
 
 If any person, havins; e-iven security for the Prison i''-- ?t. 
 
 ^ i. ^ CD o ./ Forfcituic of privilcgi- 
 
 Rules, shall fail to file his schedule within forty days, and'^.T!"']"''' "^1" '"" "'''' 
 
 ' ^ </ ' within forty Mays. 
 
 proceed with his motion for his discharge, he shall forfeit 
 the privilege of the Rules, and may, by the order of his 
 creditor, be remanded to confinement in the common jail, 
 unless further time, upon cause shown, be granted him by 
 the Court or by a Judge at Chambers. 
 
 If any person admitted to the benefit of the Prison Rules, ib.. jn. 
 do forfeit his l)ond by going out of the district, the surety 
 shall be liable for the debt and costs, and in the meantime 
 tlie debtor shall be remanded to prison till the debt be 
 paid, if the creditor require it. 
 
 Insolrcni Debtors. 
 Any person under arrest for debt, whether held in prison .\. a..i7.w. iv. rt. 
 
 ,1 • 1 1 1 j5 1 1 • Proceed inirf. 
 
 or m the prison hounds, by mesne or imal process, who is 
 willing to surrender all his property to his creditors in dis- 
 charge of his liabilities to them, ma}' file his petition with Petition, 
 the Clerk of the district in 'which he is held, showing the 
 cause and manner of his imprisonment, and the amount of 
 his property, with a full schedule thereof, and liis offer and 
 consent to surrender every part of the same to his creditors 
 in satisfaction of their demands. Thcreui)on, the Clerk iJni<< 
 
4C0 
 
 sliall issue a rule callini; upon tlie suinu: eroditors by name, 
 and all other creditors of the j)etititmer by general notice, 
 to ajijiear in o]»en Court, at a day certain, to answer to said 
 jtetition. Time, for at least three months, shall be given 
 to the creditors to come in and contest tlie })ctitioner's 
 motion to be discluirged a,s an insolvent debtor. And the 
 notice shall be published for three months in tlic regular 
 and successive issues of a gazette in general cinulation, if 
 there be such a gazette in the district : and if there be no 
 such gazette, then such notice shall be published in hand- 
 bills posted and kept in view at the door of the court- 
 house, and in three or more other jdaces of public resort 
 in the district. And if no cause be shown against the 
 petition on the ajip( tinted day, or the cause then and there 
 shown be deemed by the Judge insullicicnt to jiut tlie peti- 
 tioner upon his trial, he shall be admitted to take the fol- 
 lowing oath : 
 
 toll^'t'iuoicr'^'"'"''""'"' '* ^ do solemidy swear that T am now lield or detained 
 under arrest at the suit of for (set forth the cause of 
 
 action), without my consent or procurement ; and that the 
 schedule or account Hied with my petition to the Court 
 doth contain a in II and true account of all my worldly 
 estate and etteets. real or personal, of whatever descriiition, 
 that I now am, or at the filing of the petition in this case 
 was entitled to. ^Vnd that I lia\-e not, at any time since my 
 arrest as aforesaid, directly or indii-eetly aliened ordis]iosed 
 of any jiart of my estati'. iior have I, at any time befoi-e oi- 
 since said arri'st. liisposed oi' made o\er my estate, real or 
 jtersonal, moneys, or securities for money, whereby 1 have 
 any benefit to myself oi- to defraud any of my creditors. 
 And that 1 will, to the utmost of my power. eiideaN'or to 
 collect the title deeds, voucln'rs, and books of account I'e- 
 lating" to the contents of the schedtile rendered bv me, ami 
 surrender the same to my assignee. So help me (Jod." 
 
 l^- . ., And the Court, if satisfied that the petitioner lias ren- 
 
 Ctmri til ilelivprilitlx'd- ^ 
 
 .liiiK «,.«riiig api-imi, (|ercd a iust and true account of his estate, mav (lelivtr to 
 liim so much of the necessary bedding, wearing ai»i)arel 
 and tools of trade, as nniy be suitable to his former estate ; 
 and also his arms for muster. 
 
401 
 
 The rest of the estate and efieets of tlie' i)otitioiier, bv a A^fwm.-nf t,. s„i„!; 
 short assiginiient endorsed on the petition, sliall be b}" the 
 petitioner set over and assigned to the suing creditor, or to 
 such person or persons as the Court may direct. And upon 
 executing such assignment, the petitioner sliall ])v torth- 
 with relieved from custody or restraint, and an exoneretur 
 entered upon his bond for the rules or bounds. 
 
 And l)y the operation of the order discharging him from }vViH'!;„er ioiea..<cd 
 custody, the ])etitioner sliall be liberated, accpiitted and ;;;;;;;;;'"'""'"*'' "'''*-'"■ 
 forever released from all demands in suit or in judgment 
 against him: and, also, from all denumds for which his 
 creditors may afterwards accept of a dividend out of his 
 assignment: Provided, tliat such debtor, within six months.,?"* "'"-^ ''" i^'n^'''^'''' 
 
 "^ ^ _ ' if lio (liics not deliver up 
 
 after his discliarge, shall deliver to the assignee all such jv^^/"'^^''''' "' " ''"""'' 
 goods and eifects as are contained in his schedule; and all 
 dQeds, muniments of title and vouchers relating to the con- 
 tents of his schedule, and any otl;er property that he maj- 
 afterwards have it in his power to deliver. And in case 
 any debtor shall refuse or neglect to make a surrender and 
 delivery to his assignee in pursuance of the assignment, it 
 shall be lawful for the Court, ui)on the complaint of the 
 assignee, to remand him to prison, there to renuiin until he 
 has fully complied with his <luty in this behalf. And jrro- 
 rided further, that nothing herein contained shall extend 
 to discliarge the petitioner from such of his creditors as 
 neither sue him Ijefore his discharge, nor afterwards re- 
 ceive a dividend out of his assets. 
 
 And bv virtue of the assignment of a iK'titioncr for relief i''- 
 
 . *" " ' KlTect of uasigninuiit. 
 
 as an insolvent delator, all property, real or personal, in Assignee may *..<•. 
 
 possession or in action then belonging to the petitioner, 
 
 whether included in his schedule or not, shall i)ass to his 
 
 assignee, and may be taken possession of or sued ibr h\ 
 
 him : naming hiinself as assignee. And to such action no 
 
 release of the insolvent or of any one claiming under him 
 
 shall be or constitute any bar. 
 
 And the assignee shall be a trustee for the suiiiir and ''•■■2-^- 
 
 - ° AesiKiiepH in trust fill 
 
 judgment creditors, and for all such other creditors of "«*''•"" "^ '•"""'*••"' 
 
 . delit<*r. 
 
 the insolvent as may be willing to receive a dividend out """»"»<:»• 
 26 
 
402 
 
 of liis assiiriiod estate, in satif^liution ol" their deinaiids. 
 And creditors sliall be allowed twelve months to eonic in 
 and ]»rove their demands: and juili^ments and exot;ntions 
 shall he paid n their order, out of the proceeds of the 
 jtroperty on which they constitute a lien ; and niorti;aa;es 
 out of the ]U*oceeds of tlie mortgaged property : and such 
 and 8o nnuli of the judgments, executions and mortgages 
 as remain unpaid, and all other debts, out of the projierty 
 free from liens, rateably and in }>roportion, 
 
 II... ^'.. Rut no i^avment shall be made to anv iudffment or mort- 
 
 ArrtuiiitK iinii<t lip ' • _ . .' ' ' 
 
 .r..v.-.i iiv Hfti.iHvii. iTiiir^} crcditops witliout an aflidavit of the sum I'cally and 
 bona fide due, made and reiidcrctl to the assignee. 
 
 •''••?■■'• And the assiy:nee shall achertise lor creditors, and sell 
 
 Duty of nsHipiirc to '^ 
 
 ""•■<•• '•^'■<'^*- and dispose of the assigned estate, and get in the effects of 
 
 the insolvent without delay, and out of the funds in his 
 hands pay first all cost.-* and exi>enses of the trusts, and re- 
 tain a reasonable reconijiense for liis trouble in executing 
 such trust, to be fixed by the Court that ajipointed him; 
 and then pay the judgments, executions and mortgages in 
 their ordei-, and then distribute the l)alani'e among the 
 creditors of the insohcnt rateably. and in jiroportion. 
 And no judgment nor //./'f/, shall lose its })hice by ivason 
 (A' a i-c. yd. having been afterwai'ds issued, nor even by the 
 ' service of such an execution. 
 
 J^ersons excluded j'ro/ii the Bonjit of a SHrrcinUr at Sifi.'^fdc- 
 
 ti<m of Debts. 
 
 ib.-oi.?"^. No person shall be admitted to the benefit of the Insol- 
 
 I'erHoini (Ifprivcil i)f IJio 
 
 !.rii..ntK of Act. vent ])ebtor's Oath who nniy be sued, and damages recov- 
 
 ered ibi- will'iil iiiaylu'Hi. or wilful and iiialicious t I'cspass, or 
 damages recoveivd in any action for volunlai'v and per- 
 missive waste, or for danuiges done to the ircehold. 
 
 uiki-n llic Act, xlmll 
 ■)leiiil the Stuliite uf 
 l.iniitiitioiiH. 
 
 ,\n|!.J";n who 1..-U. No jXM'son who has taken the benefit of the law for tlie 
 
 relief ol" insolvent debtors shall be perndtted afterwards to 
 jilead the Statute of Limitations to any cause of action 
 subsisting at the time when he was admitted to his oath. 
 And if the ])lea of the Statute of Tjimitations be ])nt in, it 
 
403 
 v 
 
 shall be struck out on the production of tlic record of 
 his discharge as an insolvent. 
 
 And an}' person desiring to retain his right against his cl'J-ll: ,„^,^ ,„r|.oiu 
 debtor may perpetuate his demand by making proof there-"'" '"** '^^"•""'• 
 of in open Court when the debtor takes the Insolvent 
 Debtor's Oath; and a minute thereof entered by the Clerk 
 on the journal of the Court, stating the names of the 
 creditor and debtor, and the amount of the debt then 
 proved for the purpose of perpetuating the demand shall 
 avail without more, to bar the }>lea of the statute. 
 
 But after the discharge of the debtor as an insolvent, no V.'-'^-'^-,. , , 
 
 •-' No criMlitor shall siii 
 
 creditor shall be allowed to sue him for twelve months for ^"'' {'''''''''' """i*''" ""-■' 
 any antecedent debt, and during said period he shall be 
 free from all such suits. 
 
 At the day appointed for the creditors to answer to the 5^33 yj^^f' '^'' **■**• ^' • 
 petition of a person petitioning for relief as an insolvent j„tS7j.X\vgn^^^^^^^^^^ 
 debtor, any creditor may ai)pear and show cause against ^i^e "' '"'""""■ 
 prayer of the petition. And the Judge, after hearing what 
 is alleged on both sides, in his discretion, may overrule the 
 objections and admit the prisoner to the benefit of a snr- 
 render of his property in satisfaction of his debts, or may 
 direct an issue to be made up to try the matter in contro- 
 versy at the same or some other Court. 
 
 And at the trial of such issue, it shall be lawful for the a. a., isiio. vi.nrG. 
 
 . . . Credifors iiiiiy oxiimini 
 
 petitioner to be sworn, and examined and cross-examined i"^'titi""e'-. 
 by the creditors. 
 
 And if it should appear that he has kept books in rela- ."'■?-• , , 
 
 ^ '^ ^ ISOKKd pi'oiitu cd. 
 
 tion to his trade, profession or occu})ation, he shall be 
 required to produce them. 
 
 tiHWcr at 
 injnatiiiii 
 
 And the failure of the petitioner to answer fully to the !,''•■ H- 
 
 ■t •' failure to « 
 
 satisfaction of the Judge, any (piestion jtut to him, material''^" 
 to the issue, or to produce the books relating to his trade, 
 if in his power, shall deprive him of the benefit of his }>eti- 
 tion, and cause him to be remanded to jtrison, unless otlier- 
 wise ruled by the Court in consideration of extenuating 
 
'1 1 a II (re. 
 
 404 
 
 circuiustaiioes : li'iiviiiir to tlic Jiirv the projicr njijilieation 
 of tlie iiiferc'iifc to hv drawn from tlienee. 
 
 F*iM"ilc'h.Niuu!^^'*''* If, niton tlio trial of the issno, any person praying relief 
 ''""'' a.s an insolvent dehtor or poor prisoner, shall he convicted 
 
 of rendering a false sehednle, of concealing his proi)erty, 
 of giving a fraudulent preference, or of any other fraud 
 against his creditors, or any of them, he shall he remanded 
 to prison and for ever deharred of relief against his suing 
 creditors b}* surrender oi' his projierty, and shall be liable 
 to be indicted for perjury ; nor sliall he be released from 
 imprisonment without the consent of a majority in value 
 of his creditors, except upon payment in full.* 
 
 Poor Prisoners. 
 A. A.. i;ss. V. :s. Anv prisoner for debt that would be relieved from im- 
 
 AltiTed bv implication. . " ,, . , . , • , ,, 
 
 Pn..c.-.iinn »..-r..rf i)risonnient or conrmt'nieiit within the prison rules, may iile 
 
 I 'Jerk ^ i ' .' 
 
 scIkmIuic on .«fhtoi.,. ■^vith the Clerk of the Court a schedule, on oath, of his 
 
 tilf<l. 
 
 whole estate, with a written or verbal request that his cred- 
 itors may be summoned to shoAv cause why he should not 
 be discharged upon the assignment of the whole of the 
 property therein, or as much as the Judge may deem suf- 
 ficient to pay the debt. 
 
 "'•H- Thereupon, the Clerk shall summon the iilaintiff^', or his 
 
 attorney, to show cause at a time and jdace certain, before 
 him or before the Judge in Court, or l)efore one or more 
 of the Comiiiissioiiers of S[K'cial Hail for the district. 
 
 II'.. ? 4. This summons shall be served on the plaintiff or his 
 
 Scrvii-c of Miiiim(.ii"<. . ^. . ., . , ,.. 
 
 attorney, if within the district; but if not in the district, 
 notice may be given by publication in the gazette, or by 
 handbills at the court-house door and t\\() other places of 
 public resort in the district. And at the appointed day, if 
 no cause be shown, the assignment shall be made by a short 
 memorandum on the back or at tlie foot of the schedule, 
 aii<l till' i)i-isoner discharged. 
 
 * It i^wcU deserving the consideration of the Legislature, whether imprisonment 
 for life, as a juinishmcut of fraud, is not too severe for the ofTonte. 
 
405 
 
 By virtue of the assignment, the property in the schedule {,];i;4"'of a,s,sig„m.ni. 
 shall be transferred to the assig-iiee, who may take posses- 
 sion of or sue for the same in his own name. 
 
 Poor prisoners shall be furnished by the Commissioners Nw'^^Sdnthh^^^^ 
 of Public Buildings in their respective districts with neces- 
 sary clothing, to be defrayed out of the tines and forfeit- 
 ures. 
 
 But if the ph^utiff shall a])pcar and require time for in- a. a., irss, v. ts.h 
 vestigation, a reasonable time shall be allowed him; and m Tiiiic-aii.Av,.,! i-iaintitr. 
 case he contests the prisoner's right to be discharged, and 
 tenders an issue of fraud or undue preference, or otlier suf- 
 ficient cause for denying the liberation of the prisoner, an 
 issue shall be made up to try the matters in controversy. 
 And at the trial of such issue, the same objections shall 
 lie and the same course be followed as in trials between an 
 insolvent debtor and his creditors in the Court of Common 
 Pleas; and if the verdict be in favor of the prisoner, he 
 shall make the assignment and be set at libert}', and not 
 be liable to be arrested again for the same debt ; but if the 
 property assigned should not prove to be enough to pay 
 the debt in full, any other property that he may then have, 
 or afterwards acquire, shall be lial)le to the debt. 
 
 liieacli cif liom 
 
 And for breach of the bond for the ]>rison rules, the n 
 remedy shall be the same in all cases, whether the pi'ocei'd- 
 ings be had on behalf of an insolvent debtor or a jxxtr 
 prisoner. 
 
 Judicial Sales. 
 
 The Associated Judges of the Court of Common Pleas A.A.,iToi,vn.:i7fi ?• 
 are authorized to direct the places Avhere Sheriffs" sales 
 shall be made in the several districts. 
 
 All sales effected by the Sheriffs of the several districts 
 shall be made on the first Monday in the month, between 
 the hours of eleven and three, in Charleston, and in the 
 other districts between the hours of eleven and five. And 
 three weeks notice of the sale of land, and fifteen days 
 
 A.A.,17!n.Vn. 203, g! 
 
406 
 
 notice of the sale of personal property, is required ; and 
 such notice shall be published in a pizette, if there be one 
 in the district, and also at three places of public resort in 
 the district, and in the neiijrhborhood from which the prop- 
 erty was taken. If time is wanting, sales may be con- 
 tinued on Tuesday. See ,Sherif. 
 
 k.A. i:!o.\n.-.'7f..ii.-.. All sales of mortgaged jiroperty shall l)e in the several 
 districts at the ])lace8 fixed by the Judges, and at the times 
 fixed by law lor the sale of projierty under execution. 
 
 For sales of jiropoi-ty levied on l"or taxes, Sec Taxation 
 (i)t<l Tax Collectors. 
 
 Court of Sessions. 
 
 Hai>vofcor,.ut \v.x. Auv ])erson committed for a capital offence may, at the 
 
 ?7. I. "»• , • * . ■ ... 
 
 first term of the Court of Sessions for the district in which 
 
 he is confined, demand his trial in oi)en Court; and after 
 
 such demand, if lie be not indicted at the next term, lie 
 
 shall be bailed, unless it be nmde to ai)pear before the 
 
 Judge, on oath, that the State's witnesses could not then 
 
 be produced. And if he be not indicted and tried at the 
 
 second term after his demand of trial as aforesaid, or upon 
 
 his trial shall be acquitted, he shall l)e discharged from 
 
 imprisonment. 
 
 A.A..iT.n.[ii.27<j. jiK. AH challenges and excei)tions to jurors shall be allowed 
 and admitted, as are allowed and admitted by the common 
 law, except the clKdleiige to the an-ay. 
 
 A.A. iTxi.ni.jofi.^.;. Kvei'v jterson accused of treason, felouA' or other capital 
 
 '■<>;iV of iiiclictinent. ' i ii i • ^ i i • t 
 
 otrence, shall have a true co]>y o1 the whole indictment, 
 but not the names of the witnesses, delivered to him three 
 days at least before he shall be tried foi- the same, to enable 
 him to ach'ise A\ith his counsel: he. his attorney or agent 
 reijuiring the same, and paying the officer his reasonable 
 '•.niHfi. fees. And every person so accused and indicted shall be 
 
 received and admitted to make his full defence by counsel 
 learned in the law, and to make any proof that he can pro- 
 duce by lawful witnesses; and in case any person so ac- 
 
407 
 
 cused shall desire counsel, tlie Court is hereby authorized 
 and required to assign to such person such counsel, not ex- 
 ceeding two, as he may desire ; and such counsel shall 
 have free access to the prisoner at all seasonal)]e times 
 before, at or after the trial. 
 
 And the accused shall liavc the like ])i'ocess of the Court ui. 
 where he is tried, to compel his witnesses to appear for 
 him, as is usually granted to compel witnesses to appear 
 against him. 
 
 Where an appeal is taken from a conviction for a mis- a. a.. i832.vn.3.'!-2. i(j. 
 demeanor, the sentence shall be provisionally reduced to t.uon! "'""'''''''" 
 writing, signed by the Judge and deposited under his seal 
 with the Clerk of the Court; and after the hearing of the 
 appeal, if the motion be dismissed, the sentence shall be 
 published and carried into effect, nor shall the defendant in 
 any such case be required to appear in person before the 
 Court of Appeals. 
 
 AVhen a prisoner shall be dischai'ged by reason of the a. A..i79i.vii.26f>.gi.-.. 
 
 . . -1 ±' J_^ j_ ii r ^ ±' J.1 I'lisoiier not to bo tic- 
 
 nonattcndance ot the prosecutor, or the reiusal ot the tiUned for fees, 
 grand jury to find a lull, or an acquittal b}' the petit jury, 
 he shall not be bound or liable to pay the charges of ap- 
 prehension, detention or prosecution. 
 
 N^o habeas corpus shall be necessary to bring any prisoner a. avisos, v. 571. r- 
 
 _^ . , ,' -tt'i lliouplit into Court 
 
 into Court as a witness; but the presiding Judge may without /(««>?«/! cwjw*-. 
 order the Sheriff to produce such prisoner in Court to give 
 evidence, and remand him to the custody from which he 
 came when his examination is over. 
 
 It shall be the duty of the Clerk of the Court to issue a.a..is39.xi.io7.(>i>; 
 
 ./..,! , ,1 Clerk to isKue nil nvv- 
 
 every execution, scire jacias, l)en('li warrant, or othci- pro-,c-ss h. the ai-nemi sc> 
 cess issuable, or directed to be issued, by the Courts of"' 
 Sessions in the name of the Attorney-General or Solicitor 
 of the circuit, and to test the same in his own name under 
 tlie seal of the Court. 
 
 AVhen an affray may ha}t}»en within the hearing of any a. a. 1S12. v. (u-j. 
 Court of Common Pleas and General Sessions during thei^iu'd! ""'*" ""^''""" 
 sitting of the Courts, the Sheriff or other lawful officer, bv 
 
408 
 
 the command of the Court, shall take the parties guilty of 
 the (li.sturhance and hriuii; them hefore the Court to answer 
 for the contempt; hut no citizen shall he sent to jail or 
 jiunishcd l't>r contempt without heing hrought into Court 
 and hcai'd hy himself or counsel, if he has anything to say 
 in his defence. 
 
 A.A. iT«i VII.2T0.J1. To prevent false and erroneous entries in the journals of 
 
 Clirk I" read tiiimiteB ,,^ ., ,,.. • i it ^ \ ■< 
 
 «•!. 'lav. the Courts in the several <listricts, it shall he the duty ot 
 
 the several Clerks on earh day jtrevious to the adjourn- 
 ment of the (\iurts, to read ovrr to the presiding Judge 
 the minutes and entries made during the day in his jour- 
 nal. 
 
 II. — Clkrk or THE Courts of Common Pleas and Gknekal 
 Sessions for the Judicial Districts. 
 
 1. — Mode of appointment and Qualification. 
 ('/.) — Election and term of Oilice. 
 (6.)— Bond, 
 (c.)— Deputy. 
 IL— Duties. 
 
 1.— Clcrieal. 
 
 (a.) — OtHec days and hours. 
 (6.) — Court-house. 
 (<'.) — Regulations of office. 
 II.— Official. 
 
 {(1.) — Magistrate er officio and Commissioner 
 
 of Special Dail. 
 {<'.) — Not to act as Attt)rney, or Solicitor, oi" 
 
 Sheriff. 
 (/.) — As to Prison Dounds; Keiiuneiations 
 
 of Dower. 
 ((/.) — As to .Juries. 
 {It.) — In Judicial i'roceedings. 
 (/.) — As to Acts of Assembly. 
 {/.) — As to Public E.xhihitions. 
 (/.-.) — As to Accounts against the State. 
 (/.)— As to Official Certificates. 
 (;».) — As to AVeights and Measures. 
 
409 
 
 {/I.) — As to Tax retiu'iis. 
 
 (o.) — As to Elei'tioiis. 
 
 (y/.) — As to l\eport to Comptroller. 
 
 ((/.) — As to Ordinary. 
 
 (r.) — Miscellaneous. 
 III. — Penalties for Official Misconduct. 
 
 (a.) — In regurd to Furniture and Books. 
 {!).) — For leaving Court-liouse open. 
 (c.) — !N^ot drawing Jurors. 
 {(l.) — Charging unlawful fee, 
 (t.) — Not making report to Com})troller. 
 {f.) — Not i)a_ving over moneys. 
 [(J.) — Not paying over tines and forfeitures, and 
 not giving notice to Connnissioners of 
 Public Buildings. 
 (/(.) — Refusing to exhibit Tax returns. 
 
 I. — Mode of Appointment and Qualification. 
 There shall be a Prothonotarv or Clerk for everv Judi- a. a., isi.-,. vi. i:;. §•.'. 
 
 ' • A|ipointiiipnt aiiil term 
 
 cial district or county in the State, Avho shall hokl his omce of '^•fficc. 
 for four years from the day of qualitication, and until a 
 successor is elected and qualified. For mode of election, 
 See Title, Elections. 
 
 Ever}' person elected as Clerk, before receiving his com- a.a.. is39. xr. sm. ?i. 
 mission, shall enter into bond with not less than three 
 securities, in the sum of eight thousand dollars, and shall 
 take the oath })rescribed by the Constitution, and the oath 
 against sharing or selling his otHce, prescribed for all dis- 
 trict officers (See Title, Public Officers); which oaths shall be ., . . ,.,., ,.,. 
 
 \ ' Ml-' AUo. A. A. 17W. \ll. 
 
 indorsed upon the commission, subscril)ed by the officer, ^'-'^i- 
 and attested by two Magistrates of the district for which 
 the said Clerk shall have been elected or appointed ; and 
 at the ojiening of the first term of the Court which nniy 
 be held thereafter, the said Clerk shall produce his commis- 
 sion, with tlie indorsements aforesaid, and after the same 
 has been published, by being read in open Court, shall 
 make a fair entry thereof in the journals of the Court 
 
410 
 
 A. A.. 1839. XI. U*. 
 Depal.T Clerk*. 
 
 It shall bo lawful for any t'lerk aforesaid, to apjuVint a 
 oonipett'iit Dt'ituty, to oxccuto liis oftiro. for whose ooiuluot 
 tlie said Clerk shall he aiiswerahle, and who shall, hefore 
 enterinir iijion his duties, receive a written dejmtation. and 
 shall take tlu- followin-j: <>ath : *'T. A B, do swear (or alKnn) 
 that 1 will well and faithfully do and ]>erform the several 
 duties enjoined by laws now passcil, or which may hereafter 
 l)c passed, as Deputy Ch-rk ol" the Court of Conunon IMeas 
 
 and General Sessions, foi- ihc Di.xtriet of , according 
 
 to the hest of my knowh'd«rt' and ability, and that 1 will 
 make a true and perfect entry and record of all orders and 
 proceedings of the said Court, without fraud or deceit. So 
 helji nje (lod;"' to he endorsed and subscribed, jmblished, 
 and entered on the journal of the Court, in like manner as 
 prescribed for the Clerk hiniself 
 
 A. A. I^.M' 
 VaraiK'iok. 
 
 A. A.. \Ki'.i. \\. n4. 
 
 In case of a vacancy in the otKce of Clei'k in tlu' interval 
 between the termination ol' the office of the former incum- 
 bent and the election and (jualiticatioii of his successor, 
 the Ordiiuiry of the district in whi«'h such vacancy shall 
 hapiten shall take charge of the said olHce and all papers 
 therein, an<l discharge the same duties, recei\-e the same 
 fees, and be subjei't to the same lial)ilities as now b\- 
 law provided for Clerks ol" the .<aid Court. In case of h 
 vacancy during the sitting of the Court, tlie dudge shall 
 have authority to api)oint a proper jierson to act as Clerk 
 during the term and to enter u]i jndgmeiits at the end of 
 the same. 
 
 TI._I),Tii.:<. 
 
 A.A.. iR.T.». .xi.Kio, j4. I. Clkkical. — Evcrv (Meik shall iiive constant attend- 
 
 Ofllce days iiiid liuiirii. ^ _ ' "... 
 
 •iMiie*. i-ir. aiice, either in })erson <»r by deputy, in his oilice (Sundays, 
 
 Christmas day, and anniversary of American Indejiendenee 
 excepted), to be ke]>t in a room, to be pn^vided for that 
 purpose, in the court-house, and shall discharge all the 
 duties recpiired by law, and the rules of Court from time to 
 time, or that may be incident to the oiHce; make a full, lair 
 and correct entry and record of tlu' procei'dings of the 
 Courts and other matters pertaining to his otHi-e, in the 
 various books required to be kept, conforming to the mode 
 
411 
 
 hereitiaftcr prescribed or usao-e of the office; file in their 
 proper order all original papers, in causes instituted, or 
 other authorized proceedings, and iireserve Avith cai-e all 
 paj)ei's, hooks and furniture pertaining io or connected 
 with his office. 
 
 Every Clerk shall have the care and charge of the court- u,.. ?r,, c.mti.ons... 
 house in his district: shall open the same when required 
 for public use, and at all other times shall keep it closed. 
 
 Cases for p8|)i.-i> 
 
 The office of everv Clerk shall be furnished with suitable i''-. ?v 
 
 • _ _ (^loriral ipgiiliitioiis 
 
 cases, with proiier ])artitions foi- filing pa|)crs, under a})pro- 
 priatc labels, well secured from dust bv means of shutters 
 filled with glass, to slide on rollers, Vvith labels painted on 
 the outside, indicating the kind of records, viz: ''Session 
 papers," "Proceedings over Summary Jurisdiction," "Pro- 
 ceedings within Summary Jurisdiction," "Miscellaneous 
 papers;" and on the case inside, label the mnnberroll (or if 
 in session, the term) of the papers contained within each 
 partition ; the lower part of which cases shall be divided 
 into convenient compartments for the books of the office, 
 with doors secured by proper fastenings, with labels painted 
 outside indicathig the particular description of records con- 
 tained in each division, that is to say: "Journals," "Dock- 
 ets," "Records after Judgment," "Miscellaneous Records," 
 and "Register's department." Each office shall be fur- 
 nished with a seal of office, with the proper device, a screw, 
 and such blank books for the various records as may be 
 needed from time to time, to be procured by the Clerk, the 
 expenses tliereof to be defrayed by the Commissioners of 
 Public Buildings. 
 
 Tlie original papers of record in each cause wherein a- a.. ir39, xi. roi. 
 Judgment may be signed or confessed, or decree may be 
 entered, shall be tiled according to the number of enrol- 
 ment, in the book of abstracts of judgments, or of decrees, 
 placing all the j»apers in eacli cause together, and separat- 
 ing tlie causes al)Ove and -the causes within the summary 
 jurisdiction. And all causes in dower and partition, and all 
 incpiisitions after judgment, or final order, shall be filed 
 with the causes above the summary jurisdiction. Original 
 
412 
 
 papers in the sei<sioiis sliall be filed aoeonlinir to tlie term 
 at wliieli tliev were disposed of, aljilialteticallv arraiijxed for 
 caelj term, accordins: to defendants* names: all relating to 
 
 • Mi.M ,«,«r. ^],^. fjjinie eanse together. Other i)aj»ers re<|uired to be 
 
 returned to, or kept in the office, shall be endorsed with 
 the proper title, date of filing, and number on file, number- 
 ing each kind, from one onward; and keeping all relating 
 to the same matters together, under the same number, and 
 filed according to date and numl>er, in appropriate boxes, 
 
 '-"'"•'• with suitable labels, put up in packages, separated accord- 
 
 ing to the year in which thev may be filed, and upon the 
 envelop or card, an indorsement of the description or kind 
 of papers therein, and reference to number, under the fol- 
 lowing heads: Bonds in Attachment, Bonds in Trover, 
 IJonds of Constables, Certificates from Ajtjieal Court, of 
 Magistrates' Appeals, Commissions, Inquests by Cdroner, 
 Discounts, Kejiorts, etc., l)e Lunatico Tn(piirendo, Free 
 l*ersons of Color, Insolvent Debtors, Xaturalization, Ke- 
 turns of Garnisliee, Returns of Commissioners of the Poor, 
 Returns of Taxes, Venire Facias, Kstrays, Dower, Partition, 
 Escheats, Affidavits, Attacliments for Contemi>t, ]{ules and 
 "Session papers undisposed of to be transferred after judg- 
 
 •''""* ment, where the same may be authorized." The following 
 
 indorsements shall be made upon the record, where the 
 proceedings warrant it, viz: on the Declaration, the ilate 
 when filed, posting rule, order for judgment. nunil»t r on 
 docket, ]ilea and issue, final Judgment or verdict, date and 
 amount in ligures, amount of taxed costs, judgment when 
 signed, execution, date of issuing and kind, and at the top, 
 at some c(»nspicuous place, tiie number roll. On the peti- 
 tion in summary process, the numbi'r on docket, amount 
 of decree, amount of t^xed costs, execution — date and kind, 
 
 i,..ii.tM..i.t.. and number roll. On bills of indictment, date and finding 
 
 by grand jury, number on docket, arraiginnent, verdict or 
 other disjiositions, .".nd date, amount of taxed costs, execu- 
 
 s.->M..i.:. i'..per«. ^i(5„^ ^|^t(j and kind. On all papers returned by Magis- 
 
 trates in the sessions, shall be indorsed the proper title, 
 
 Kx.-. iiii.mh and date of filing. On every e.\i,'cution, before leaving the 
 
 Clerk's office, shall be indorsed, near the top, the number 
 roll, or if in the sessions, the term under which the case is 
 filed, and in all instances when an execution is returned 
 
413 
 
 for renewal, the fact and date of sncli renewal shall he 
 
 endorsed on the execution so returned, and on the renewed 
 
 execution shall be endorsed the date when first execution 
 
 was lodged in Sheriff's ofiice. All original papers in^^P'occeains. m i>..«,.,. 
 
 dower, partition of real estate, and inquisitions, shall be 
 
 filed according to nunihor roll: the papers ])crtnining to 
 
 each case being placed together, and the nundjcr roll - 
 
 plainly endorsed on the envelope, or outside paper, and 
 
 also the book and page of record. 
 
 The books to be used by the several Clerks aforesaid a.a.. is;!ii. xmo-.-. j,s. 
 shall be well bound and of good materials, as follows: 
 
 1. "Common Pleas Journal:" Which shall contain a •'""'"■'K' '• 
 full account of the proceedings of Court, from the opening 
 
 to the adjournment, excluding motions refused. A short 
 statement of each case called, and numner of disposition, 
 every order transferring each cause from the Inquiry to the 
 Issue Docket, and every order of reference to the Clerk, 
 each under a general order as far as may be; record of the 
 names of the jurors composing each jury; and all changes 
 therein, and designating the jury who may tr}^ each cause 
 under the title thereof, together with an exact copy of their 
 verdict, and whether upon trial before jury or Judge, or 
 by default, and if in default, whether in proof or reference, 
 and all assessments, each in words at length, and not in 
 figures; awards confirmed; confessions of judgment dur- 
 ing Court; final judgment; copies of all orders passed, or 
 motions granted, and other matters specially ordered by 
 the Court to be entered. 
 
 2. "Sessions Journal:" To be kept in a separate vol- s«.gion«. 
 umc after like manner, as far as may be, and including the 
 finding of grand juries, on bills given out, with their other 
 presentments, and sentences of the Court on parties con- 
 victed; orders of estreat; fines impo>od, and other matters 
 specially ordered for entry by the Court. 
 
 3. "Indexes to the respective Journals of the Com- 
 mon ri,EAs AND General Sessions:" To be alphabetically 
 arranged at the end of each volume, which Index shall 
 
 A.A..1R50. XII. 
 
414 
 
 always Ik- ln-oiii.'-lit uji l»y tlii- fir>t ihiy (»!' i;uh siUH-ec'<ling 
 term. 
 
 A A..1S3B xi.ni.i.j(<. 4. •' liri,i;.>- :' In wliicli .shall be entered every ease, on 
 lilini; tlie (Icelaration, showing in separate eolnnins names 
 of Parties, IMaintifl's Attorney, Defendants Attorney, <late 
 of tiling J>eelaration, date of I^ule to Plead, date of Plea, 
 Demurrer, and so forth; I'osting Pule to Reply, Kepliea- 
 tion, and date nl' onU'r for .1 ndirnicnt. 
 
 o. ** J)(k'ki;ts :"' For Summary Proci-ss, A\ lii nf Inquiry, 
 Issue, Sessions and Contingent, to he kept in sej)anite 
 volumes for the use of the Court, and a Par Docket in a 
 single volume, to he made on and before the meetiui; of 
 the Court, and the Issue Calendar and Contingent, to be 
 kept UJI as the jileadings are made u[i or eases oceur 
 during the term, for both the Court and the Par. No 
 eausc shall be entered on the Doeket, exeept by the Clerk 
 or ills Dt'jtuty, nor ])y him until the pleadings are made 
 u\>. The Doekets for the Court shall be regidarly jtre- 
 served as a record of the Court, and shall show in separate 
 eolnmns thf iiundK-r of Cause, numbi-r of Term, names of 
 J*arties, cause of .\ction. Plaintiff's Attorney, Defendant's 
 Attorney (and in the Sessions Pi-oseciitor's name). Order of 
 the last Court, and phici- for the cNent of suit, to be 
 entered by tlic .ludge. 
 
 The Sessions Docket sliall contain, separately arranged, 
 cases of the pnvious tei-m, under the title of "Traverses;" 
 and cases uiidir tlii' present teini. under the title "CaK-n- 
 dar." 
 
 The Contingent Docket shall contain in the Sessions all 
 the Pules, Scire Facias, Jiills Ibuiid, in which Defendants 
 have not been arrested, and cases struck oil', luit in wliicli 
 Nol. J'ros. has not been entered, to be called on motion of 
 the Solicitor. 
 
 0. -'AiiSTKAcT OF JuDOMKNTS:" 111 which sliall be entered 
 each case over the summary jurisdiction, wherein Judgment 
 may be signed, including each case in dower, partition and 
 
415 
 
 escheat after jndgiiieiit or final order, with separate col- 
 umns, shoAving number of Enrolment, names of Parties, 
 cause of Action, Attorney, date of Judgment, amount of 
 Judgment, time of bearing Interest, how Judgment ob- 
 tained. Costs (separating Attorney, Clerk, ISheriff, Wit- 
 nesses and Total), kind of Execution, date of Issuing, 
 Sheriff's Keturn, when Ilenewed, and Satisfaction, to- 
 gether with an Index by the names of Defendants and a 
 cross Index by the names of riaintiff's, each al])habet- 
 ically arranged and kept in separate volumes, with the 
 numlier oi' enrohiu'ut of Judgment. 
 
 7. "Abstract of Decrees:"' In which shall be entered n... ii'4, 
 all cases within the summary jurisdiction, Avlierem Decree 
 
 may be entered and Execution issued in like manner as 
 prescribed for Judgment Book, with Indexes by nanies of 
 Parties, similarly ari'anged as Indexes to "Abstract of 
 Judgment" I>c)ok. 
 
 8. "Sessions Index:" By names of Defendants, alpha- sessions i,„u-v. 
 betically arranged, together with the otfence charged, dis- 
 position of the case and the term M'hen ended, and number 
 
 on file. 
 
 9. "Pleadings and Judgments:" In which shall be i'i..r.<iinKs nn.i .lu.ip- 
 entered at length the Declaration, Pleas and Judgment in '" " " 
 
 each cause wherein judgment may have been signed, and 
 also the i)roceedings in Dower, Partition and Escheat, 
 when the final order and judgment of tlie C/Ourt shall have 
 been had, with an Index to names of Plaintift's. 
 
 10. "Confessions of Judgment before Cuerk:" Into c.mfossionR of .lua?- 
 which shall be entered such proceedings ki^pt with pefer- """""'"■"' ^'"''• 
 ence to the number of enrolment in Book of Abstracts 
 
 instead of page, together with an Index to this i)articular 
 volume, in the names of Defendants. 
 
 11 "Fines and Eorfeitukes :" In which shall be en- KinoH ami F..rr<-iturci.. 
 tered the nanies of all persons fined by the Court, or 
 whose recognizance may be estreated, with separate col- 
 umns showinir names, cause of fine, when fined, bv wiiom 
 
416 
 
 fiiKMl, amount of fine, to whom ilnc. when collected, by 
 wli(»m collected, wliy not collected, wljcn pnid over and to 
 whom. 
 
 M«si.in.t«iin<10.n- 1 2. " M AfllSTRATKS AND CoXSTAIU.KS lioLL :" In which 
 
 •t.l.l.- H<.ll. 
 
 shall he entered the name of the Maijistrate and Constable 
 on takinjjT the oaths of otiice, n']»rescntin<r in separate col- 
 umns the names, date of (jualitiiation, oflice, e\pirati(m of 
 te?'m and how. a genuine signature; and in the case of a 
 Constable, bv whom recommended and the names of the 
 sureties, with an Index of each name al})hal)eticallv ar- 
 ranged. 
 
 \i.|Hiii-«ii.«i. 13. '* Ai'FKARANCKs:'" A book ill which parties or attor- 
 
 neys shall enter appearances to all suits instituted by writ, 
 designating the title of the case and nature of the action. 
 
 KMi-;.,H 14. ''EsTRAYS:" In which Itook shall Itc entered, in 
 
 separate columns, date of cntiy. kind of entry, description 
 by apitraisers, and their names, name of the Magistrate, 
 ajipraisers' valuation, by whom taken up, when taki-n up. 
 when sold, and disposition of proceeds. 
 
 A. A.. is;:'.(. XI. 105. 1'). "MiscKLLANKovs IxDKX:" lu which shall be eu- 
 
 .MiM-elUriiNinH Iiiilox. i , , , • ,, i • ii i- i i 
 
 tered, alphabetically, the names of all aliens who have 
 taken any stej)S toward naturalization, of all ]iersons pe- 
 titioning for the benefit of })rison bounds or insolvent 
 debtor's Act, of all free iierson's of eolor ap}ilying for ap- 
 jioiiitment of guai'diaii, and all ptTsoiis concerning whom 
 [iroceedingH lit' lunaiiro iii(ji(lrni(/(i may be instituted, refer- 
 ring to the papers on lib' by number aii:l label. 
 
 II.. The i>receding books, re(piired to be furnished and here- 
 
 after kept by the ( lerk, shall be of the lollowing sizes, 
 respectively: 
 
 1. Comnuui IMeas Journal, Sessions Journal, Rules, 
 Fines and Ftu'feitures. and I'lstrays, each of the size de- 
 nominated "l)eiiii;"' the .loiinials coiitainiiig not less than 
 six (piires each, and tlx' other books not less than three 
 (piires each. 
 
417 
 
 2. Docket, Session Index, Confessions of Judgment be- 
 fore Clerk, Magistrate's and Constable's Eoll, Appearances, 
 and Miscellaneous Index — each of the size denominated 
 "Broyd Cap," the lirst named containing not h'ss than two 
 quires, and the remaining books not loss than four (juires 
 each. 
 
 3. Pleadings and Judgments, in a volume not less than 
 the size denominated "jSledium," containing not less than 
 six quires. 
 
 4. Abstract of Judgments, and Abstract of Decrees, of 
 the size denominated "Super Royal," and each containing 
 not less than four quires. 
 
 5. Indexes to preceding volumes, of the size denomi- 
 nated "Long Demi," containing not less than six (piircs. 
 
 The Clerk shall not, in any case, permit either the books n,.. jg. 
 or records to be removed from his office, nor sliall lie suffer kept.'""'" """"'"'"•' 
 any declaration to be taken out of his office after it is filed, 
 until issue be joined, or an order for judgment be attained, 
 though it shall be his duty at all times to permit either 
 party, or their agent, or attorney, to insi)ect or copy the 
 pleadings during the i)cndency of the suit, without charge, 
 or to furnish, on application, certified copies thereof, on 
 payment of fees per copy sheet. 
 
 II. Official, — The Clerk shall be Magistrate ex officio in n... iii?.i2. 
 
 ■,.,... ,, „ , 'If 11 1 MiigiKtrate ex nfficio 
 
 his district in all cases except for the trial of small and'"'-! <'""i'"'''«i""ei«'f 
 
 Spi'cial Hail. 
 
 mean causes; shall have power to grant oiders for reasona- 
 ble bail, where the same may be proper, but not of course 
 either on the commencement or during the pendency of 
 any suit in the Court of Common Pleas, and may execute 
 any of the other powers of a Commissioner of S[tecial l>ail 
 for his district. 
 
 lie shall not act as Attorney or Solicitor in any Court ib. 
 of J^aw or hcpiity in tins State, or as Sheriff or Deputy soiicit..r or siieiifr. 
 Sheriff. 
 
 27 
 
418 
 
 !'•■ „_, „ , He shall take rccoirnizances and renunciations of Dower, 
 mid shall hear and dctorniinc all apiiru-ations for hom'fit of 
 tin' I'rison Hounds Atts. 
 
 •'urif*. It sViall be the duty of the Clerk, dilii^entlv and niniudit- 
 
 Dniu'ing. _ •_ _ '_ * . . 
 
 ly, to put in exerution the laws of foree, directinii; the 
 drawing, hallotintr, iniiiani'linir :ind sunnnoninij^ (^f jurors. 
 , so far as his co-operation nniy he required, and as the 
 
 jurors are drawn, to enter the names in two distinct col- 
 umns in the Sessions Journal and in the Comm(»n IMeas 
 Journal: the Grand Jurors in one column, and the Petit 
 Jurors in the other; to sign and seal with the seal of the 
 Court the writ of nctu're farifts^ and annex tliereto a panel 
 or roll of the names of the said jurors, fairly and exactly 
 transcribed from the said journals, in the mandatory part of 
 wliich said writ shall be inserted these words, to wit: 
 "The several iiorsoiis nanu-d in the jianel t(^ this writ 
 annexed," and to deliver the said writ with the panel 
 annt'xed. to the Sherifl of the district, within two weeks 
 after the adjourunient (»f the said Court, connnaniling tlu- 
 Sherili" to summon the jurors therein named to be and 
 appear at the next Court of Common Pleas and General 
 Sessions, to be holden at the time and place appointed by 
 law. 
 
 ]»,., pi. The Clerk sliall make due entries, in the journals, of the 
 
 faiute™!'' ''^"'*' "^ names of all jurors wlio shall appear, as also of t))ose who 
 may make default: and, within ten days after the ad- 
 journment of each Court, issue a writ in the iiaturc of a 
 scire facias, comniantliuu" (he Slu'ritl" to summon vnvli /piror 
 noted for (h'fault ; and shall issue the like proeess against 
 each freeholder, i-eported in default by any Magistrate, to 
 show cause, by aiHdavit, at ti-n o'clock on the tirst day of 
 the succeeding term, why he should not be fined according 
 to law, for failing to attend and serve as Juror, which said 
 writ being returned to the (^lerk, shall be by him d<'li\ered 
 to the Attoriiey-(ieneral oi- Solicitor of the Circuit. 
 
 ,^ ji._. After di-awing a jury, the Clei-k slial! l"old up the names 
 
 N«me« of Juror*. of tliejurops (Irawu iu paper, and endorse thereon when 
 
419 
 
 they were drawn, and for what term, separating such from 
 the nndrawn names. 
 
 Immediately after the adjournment of Court tlie Clerk .l.''-^?' ,. , 
 
 ■ " 111 make lists of 
 
 shall make out a roll of the Grand Jurors, Common Pleas •^"'■°'''- 
 and Petit Jurors, and Constal)les who shall have attended 
 the same, exhihiting the name, time of service, and amount 
 due each Juror and Constable, and the term at which the 
 service was performed, and enter the same on the jour- 
 nals of the Court, and forthwith transmit to the Comp- 
 troller-General of the State a certified copy of such roll, 
 and furnish each Juror and Constable with a certificate iii ,„j";,!X'"'' ""'^"''"' 
 the following form : 
 
 " State of South Carolina : 
 
 I, A B, Clerk of the Court of Common Pleas and Gene- 
 ral Sessions for district, in the said State, do certify 
 that attended as a Juror (or actually served 
 as a Constable, as the case may be), for said district, 
 days at term, A. D., , and is entitled to 
 receive for the same dollars and cents." 
 
 Which certificate shall be signed by the Clerk, and 
 countersigned by the presiding Judge, but if a Judge was 
 not present during the term, the certificate shall be coun- 
 tersigned by the Sherift" of the district, and state the ab- 
 sence of the Judge ; and all certificates so issued shall be 
 valid. 
 
 Whenever it shall so happen that a Court of Law fails "'■• n^- 
 in consequence of the absence or indisposition of the 
 Judge, it shall be the duty of the Clerk, or liis deputy, to 
 open and adjourn the Court from day to day, until the 
 Judge shall arrive, or until the last day of the term, or 
 until notice that the Judge will not be present, when lie Absence <.f .lu.igc. 
 shall adjourn the same until the first day of the succeed- 
 ing term. 
 
 It shall be the duty of the Clerk to issue every execu- n.. ?i6. 
 tion, scire facias, bench warrant, or other process, issuable """"""*" •""^"'«'- 
 or directed to be issued by the Court of Sessions, in the 
 
420 
 
 name of the Attorney-General or Solicitor of the Circuit; 
 and also to issue all rules and notices ordered in the Com- 
 mon rieas: and to test, in his own name, under the seal of 
 the Court, all writs and jnocess issuc<l eitlu-r in the Com- 
 mon Pleas or Sessions; ami to sign officially all jud<i:;mcnts, 
 and st;itt' the time of sijxning. 
 
 n.-jie. The Clerk is jiuthorized and re(iuired, on tlu' aiiiilication 
 
 .nc«UD«w*. of any party to a suit pcndniij in the Court of Comimm 
 
 Pleas for his district, either in person or hy agent, or attor- 
 ney, to grant a commission, under the seal of the Court, 
 directed to three or more commissioners, authorizing and 
 em[>owering them, or aii}- two of them, to take the depo- 
 sitions, in writing, of any witness therein mentioned, who 
 may he resident without the limits of the State or district 
 whei'c the trial is to he had; or ahout to remove \Yithout 
 the limits of the State hcfore the sitting of the next Court, 
 or before the ^^uit will stand ready for trial: or whose 
 presence cannot he procured by reason of indispensihle 
 attendance on some i)ublic official or professional duty, 
 or hy reason of such sickness or infirmity as incapacitates 
 him from travelling: Proculed, that ten days notice of such 
 apitlication, with a copy of the interrogatories propounded, 
 he served upon the opposite party or attorney, who shall 
 have leave to resist such ap}tlication, on cause sliuwii : Pro- 
 rii/((l, also, that such application he accompaiiicMl hy an 
 affidavit of the jiarty applying, declaring his belief of the 
 materiality <>1" the witness jn-oposed to be examiiuMl, to- 
 gether with the fact which may entitle him to such com- 
 mission : J^roritlcl, <(fso, that t-itljer ]»arty to a causi' in 
 which a commission has been issued may, in the discretion 
 of the Court, on motion, and two days notice to the adverse 
 party or his attorney, be entitled to a rule to com}Kd the 
 personal attendance of any witness so examined, residing 
 within the district, or not more than thirty miles tVom the 
 court-house where the trial is to be had. 
 
 A.A..i'<nn,,\j,ni s-.x... ji, i-vcrv linuidati'd demaiitl. wliei-e an ordei- for juilu- 
 
 Slpiinliireorjiiil(."in'ii». • ' •• ~ 
 
 ment or reference to the Clerk shall have been taken, and 
 in every summary process where a decree by default shall 
 have been rendered without being set aside, the Clerk shall 
 
421 
 
 ascertain the sum actually due, and endorse the same over 
 his official signature upon the declaration or process ; 
 whereupon, final judgment ma}' be entered up. 
 
 A^^henevcr securitv for costs is tendered, in vacation or seem'uv n.r .-...tv 
 in term time, the Clerk shall Avitucss the signature, and, 
 in the hrst instance, judge of the sufficiency of the secur- 
 ity : the form of the undei-taking to be according to tlie 
 rule of Court on that subject. 
 
 In all cases where any person convicted of any offence ii>.. ?27. 
 shall have once been allowed the benefit of clergy, and is 
 indicted for any offence committed afterwards, the Clerk of 
 the Court for the district where the record of conviction 
 ma}' be kept shall, at the request of the prosecutor, Attor- 
 ney-General or Solicitor, certify such proceeding and con- 
 viction to the (\:>urt where such jierson shall be so 
 indicted ; which certificate, being produced in Court, shall 
 be sufficient })roof that such person has before had the 
 benefit of clergy.' 
 
 The Clerk, as to lands within his district, and deeds to '''•■,^^'' », , , 
 be recorded in his office, is authorised to grant all writs of 
 dedimus potestatem^ diiY^cieCi to two or more commissioners, 
 for taking renunciations of dower or releases of inheritance, 
 or ^trobate of the excutions of all deeds under seal, where 
 the married women, parties to such renunciations or re- 
 leases, or the persons to i)rove such deeds reside without 
 the limits of this State. 
 
 The iudo-ment creditor or the morts^au'ee, as the case mav Uj.jw. 
 be, or his attorney, shall enter satisfaction on the judgment ""'"**"'^"""''fr'''?<^- 
 or mortgage when the debt is discharged, and the Clerk on 
 tender of his fees shall authenticate -the same; and if any 
 Judge shall order satisfaction to be entered on the record 
 by the Clerk or Register in person, it shall be the duty of 
 the Clerk or Register to do so. 
 
 Whenever any execution shall lie returned for ivnewal, unnowai <.f Ex.-.i.ti.-i, 
 or as satisfied by any Sheriff, the Clerk shiill enter such 
 renewal or satisfaction, in the appropriate column of the 
 
422 
 
 abstract; book and in case of satisfaction, shall enter tlio 
 same on the original record: and it shall not be lawful for 
 any Clerk to affix the seal of the Court to any renewed 
 executi(»n, unless the one previously issued, shall have 
 been delivered to him or unless authorized by a Judge's 
 order. 
 
 ,„ ..^,, The Clerk is authorized and i\'(|uiro(l, on the petition of 
 
 .ll^To!iI.rI•TI^■'I'JliMK"'^'' ai^ male free person of color over the age of fifteen years, 
 to aitpoint any respectable freeholder of the district in 
 which such free person of color shall reside, guardian of 
 such person, on his acceptance in writing of the trust, and 
 ofivinir a certiticate of the ij-ood charaeter and correct hal)its 
 of sudi tree pei'son of color; and the Clei'k shall tile such 
 proceedings in his office, but need not record the same as 
 heretofore re(|uired by law. 
 
 ii,.,i:v<. It shall be the duty of the Clerk to administer the seve- 
 
 t,.I.J".' ''"''"'""""''■ ral oaths of office re(piired by the laws of this State to be 
 taken by the magistrates appointed withiii his district, on 
 their a}»i)lication, within ninety days of such aii})ointment ; 
 and on the first day of Xo\c'mber, annually, he shall trans- 
 mit a list of the names of the magistrates, who have quali- 
 fied during the preceding year, to the office of Secretary of 
 State at (\)liinibia. 
 
 „, j3, It shall be the duty of the Clerk to administer the seve- 
 
 .i^if cot^li;.."'' '^ oaths of office required by law, to be taken by a Con- 
 
 stable, on his filing with the Clerk the appointment by the 
 Magistrate, and entering into bond, as prescribed, with suf- 
 cient security, of which the Clerk shall Judge, and file the 
 bond ill his office. And the Constable shall furnish a genu- 
 ine signature of his name \]\ the book prescribed; where- 
 upon, the Clerk shall furnish an otHcial certificate of such 
 qualification : and when such Constables as shall be sum- 
 moned in writing by the Slieritt* to attend Court shall fail 
 to a[)pear, according to such summons, such default shall 
 be noted by the Clerk, and such other proceedings bad as 
 in the case of jurors in default or as the Court may order. 
 
 ,,,^n., Tlie Clerk shall receive such copies of the Acts and 
 
 ^oiorktJji.tiibutc i-esolutions of the General Assembly as may be furnished 
 
423 
 
 for his district for the i)iu'pose of distribution, and after 
 supplying such persons as may he \)\ law entitled to re- 
 ceive copies, shall sell those that remain at tifty cents per 
 copy, and pay into the Treasury such amounts as may be 
 thus received. 
 
 The Clerk is required and empowered to issue exccu-^j,JI^"^|?^J3 ■'*'''"• ^- *- 
 tions, directed to any Sheriff or any Constable of the State, ,,,*;:^f™^^^^^ 
 against the body or goods of an}- person who is liable to'"'"'"""'' 
 ]>ay any tax for public exhibitions, for gain or reward, on 
 the foilure of such person to pay the same previous to such 
 exhibitions, and shall pay over all moneys by him so col- 
 lected to the Commissioners of Public Buildings: Pro- 
 dded., that nothing herein contained shall interfere with 
 the rights and privileges of any incorporated city, town or 
 village. 
 
 In all cases the Clerk shall rendt'r his account against n... ?35. 
 
 1 ^ 1 ii i- 1 i 1 1 1 ■111.' To ipiulcr aoromit uii- 
 
 tne State under oath, to be taken and subsorn)ed betore.iuiontii. 
 any ^Magistrate of his district, in which shall be shown the 
 nature of the service fully set forth; and if in the session, 
 the name of the party, offence, charge and termination 
 thereof, and which sliall be credited with all moneys re- 
 ceived by him and due to the State ; nor shall any Clerk 
 be entitled to receive any fees from the State in any case 
 where the defendant is convicted, unless he makes oath 
 that such defendant has been discharged from inability to 
 pay costs. 
 
 In all cases wliere any Sherifl', Coroner, Magistrate or ib..?36. 
 Constable shall be required to obtain the ofhcial certificate 
 of any Clerk aforesaid to his contingent account, specify- 
 ing any matters required ]>y law to be certified, the Clerk 
 sliall furnish such certificates according to the facts, upon 
 application and payment of fees. 
 
 It shall be the dutv of the Clerk to furnish, free of ih..?.-?:. 
 charge, to the Commissioners appointed to a})j)r()ve of the "•""*•'■•*•" "pprovo bondn. 
 bonds of i)ublic oflicers, when required, an official certifi- 
 cate of all liens that may be of record in his office, on the 
 property of any individual who may be oficred as surety to 
 
424 
 
 tlje boiul of any public officer, wlutlicr by Judginent, inoi*t- 
 piiro or otlienvisc. 
 
 A. A„ 1840. XI. 173. Tlic Clcrlc of tbc Court of Coiniuon IMeas aud General 
 
 '^''"**"' ***"'^*'' Sessions of each judicial district in tins State, sliall fur- 
 iiisli and is re<juired to keep in bis office tbc weigbts and 
 measures establisbed by law, wbicb sball be tbc standards 
 of all otber weigbts and niea.sures in said district, aud to 
 wbicb an}- person sball bave free access to test tbe same ; 
 and tbe Commissioners of Public Buildintrs for eacb dis- 
 trict arc autboi-izcd and iv<|uircd to purcb:i,-<c sucb standard 
 weigbts inid nicasui'cs out of tbc tines and forfeitures in- 
 curred in tlu'ir respective districts. 
 
 A.A..1815.VI.10.J11. it sball be tbe duty of tbe Clerk, on tbe application of 
 
 Ah to t«x rrturnH. . " . ' * , 
 
 any person for an insjtection of tbe tax returns transmitted 
 to bim by tbe Com}ttrollcr, to produce tbc same; and in 
 case tbere sball appear any diti'erence between tbe Comp- 
 troller's report and tbe rccci])t of tbe tax paid by sucb jier- 
 son, tbe Clerk sball report tbc same to tbe Legislature. 
 
 A. A„1W0. XI.24. Jl. 
 
 It sball be tbe dutv of tbe Clerk wbcnever a vacancy is 
 
 ..^'J^u/VsVai'to Tux"c..i-'^^out to occur in tbe office of Clerk, Ordinary, Sbcriii" or 
 ''^AA.. is4«. xi..'i(.2.>i.Tax Collector in bis district, to appoint a day of election to 
 provide for sucb vacancy, wbicb day must be ^londay, and 
 witbin tbirty days of tbc vacancy; aud be sball give at 
 least tbirty days notice of tbc election by advertisement 
 at tbe court-bouse door, and at fixe, or if it be an election 
 for Tax Collector oidy, tlien at tliree public places in tbe 
 district oi- jiarisli, and sball gi\e personal notice to tbe 
 Managers to attend and bold tbe election, Avbicb notice 
 sball be served by tbe Sberitf of tbe district. For tbe said 
 services, tbe Clerk sball receive ten dollars. 
 
 A » it-jQ VI •.« io If tbe vaeauev txcur i)v tlie deatli, resii^nation. or removal 
 "itiu!ao"Toac. d„rin«lVoni tbc State, or removal from omee, of the Clerk, ihe 
 ""•'""■•'*• duty of ajipointing tbe day ior election, notifying tbc Man- 
 
 agers and advertising, sball be performed by tbe Ordinai-y 
 of tbe district as acting Clerk. 
 
 . . ,v,., v-i„ , ,- It sball be tbe dutv ol" tbe Clei-ks of tbe several District 
 
 A. A.. Jnl<l, > . J lU. ^ Ji . ■ 
 
 •irfounu't'relmV,^^^^^^^^^^^ rcturu to tlic Coi H J it pol Kt-( ieu cral . on or before 
 
 wrnroi ""^ """'"""' '^^'"tbe first (buv of October in every year, an account upon oatb 
 
 A'A?/i"r!l''\'iaf9.?i4.in duplicate of all lines and forfeitures inllicted in tbeir 
 
425 
 
 respective Courts during the preceding year, and of the 
 amounts had and received by them, and of tlio manner iu 
 whicli such tines were disposed of, under penalty of two 
 Imndred (h^lhirs, to be recovered against any CMerk for de- 
 fault herein by an action of debt. And it shall be the duty 
 of the Comptroller-General to direct the Attorney-General 
 or Solicitors, as the case may l)e, to sue for and recover 
 the said sum of every Clerk that may fail to render such 
 account. 
 
 Where the Ordinary of any district shall desire to qualify A.A.i83o,xi.n3.?3s. 
 
 •^ • , , . . . " Duty as toOidiimrv. 
 
 as executor, or take out letters ot administratuui on any 
 estate within his district, the duties of that officer in that 
 particular estate shall be discharged by the (-lerk of the 
 Court for such district, wlio shall be entitled to all the 
 emoluments and subject to all liabilities of Ordinary for 
 the same. 
 
 In case of a vacancy in the Ordinary's ofhce, between the ii... ?3o. 
 
 ,1 ,". n 1 • "^ 1 111 • To Hit as OiiiinBiv. 
 
 termination ot the omce of the incumbent by deatli, resig- 
 nation, removal from the State, o;' other event, and the 
 qualiiication of his successor, the Clerk of the district shall 
 take charge of the ofHce and all papers therein, and dis- 
 charge the same duties, and receive the same fees as the 
 Ordinary. And in case of a like vacancy in the office of Dutj as t.. shciiH. 
 Sheriff in any district where there is no Coroner, the Clerk 
 shall take charge of the jail and the papers in the Sheriit's 
 office until" a Coroner is appointed, or a Sheriff commis- 
 sioned for the district. 
 
 For his duty in Attachment, See Attachment. 
 
 For his authority iu cases of Trover, See Courts of C. P. 
 and G. S., Practice. 
 
 For his duty as to Confessions of Judgment, See Courts of 
 r. P. andG. k, Practice. 
 
 For his dnty as to Inquisitions, Sec Escheat. 
 For his duty as to Estrays, See Estrc'is. 
 For his fees, See Fee Bill. 
 
4'2i] 
 
 ITT. — Pknaltiks for Official Misconduct. 
 A.A„i««>.xi.in.H' Every Clerk sliall be responsible for tlie ])ooks, panel's 
 
 Funiiliirp and juiiM-nt •_ __ ^ ' _ .. ,, 
 
 iuhuomc. Q,,(l fmiiiturc in bis oHice: aii'l u]»oii liis rctiri tiff from office, 
 
 or (U'atli, be or bis rcpivseiitalivos sliall bo bound to transfer 
 all sucb books, papers and turnitun- to bis successor, inune- 
 diately after bis successor sball bavc entere«l upon tbe 
 duties of bis office: but before surrendering sucb books, 
 papers and lurnitnre, tbe (Mcrk so retiring from office, or 
 bis representatives, sball be entitled to require from sucb 
 successor a receipt in duplicate for tbe contents of tbe 
 office, describing tbeni witb convenient certainty, and on 
 tbe duplicate Ids successor sball sign a certificate tbat tbe 
 origiiud is filed in bis office. And every Clerk liaving 
 retired from office, or Ids representatives, sball be liable in 
 an action on tbe case, in tbe mime of tbe Conunissionei's 
 of I'ublic JJuildings, for damages f )r any books, papers or 
 furniture, wliieb sball be [iroven to bave been in bis pos- 
 session, and sball not ap}iear, by sm-b receipt, to bave 
 been transferi'cd to bis successors, or, baviiiij: been so trans- 
 ferred, sball appear to bave been, tbrotigb neglect, injured 
 during liis continuaiice in office. 
 
 jb., j6. For every nigbt any court-bouse sball be lel't open, tbe 
 
 court-hou.0. (.j^|,|^ sball' be iial)le to a penalty of live dollars, to tbe use 
 
 of tbe district, to be recovered by indictment. 
 
 n... pap.- 107. ? If). If an\- Cleik of tlie said Couits sball neglect or omit to 
 
 rcimlly f(.r ii<-Klooting , " ^11 • j. i. i.1 
 
 to.iruw jurom. draw, oT cause to he di'awn, iirojiei' jurors, to serve at tlie 
 
 said Courts, accoi'ding to law, be sball forfeit tbe sum of 
 five bundred dollars, to be recovered by indictment, for the 
 use of tbe Commissioners of ]*ublic IJuildings. 
 
 A A.1R39 XI 17 32 ^^ ^^^y ^'•^"''''^ sliall cbargc any otber fees or for any otber 
 Extortion. scrviccs tluiu tliosc allowed by law, be .sball be liable to 
 
 forfeit to the jiai'ty injured ten times the amount ot" excess 
 of fees so improperly charged, to he recovered by suit in 
 tlie Court of ('omnioii I'leas, in wbicli no imparlance sball 
 be allowed; or by rule, when tlic penalty may not exceed 
 tweiitv dollars. 
 
427 
 
 If any Clerk fail to pay over fines and forfeitures received p;./^;;i,\!'?,?;'''i,l;/]i^;|if. 
 by him, within five days after demand of the person enti-""''""'"^'""""""^'"*'"'^'^- 
 tied to receive the same, or if he shall fail to give to some <"'"'"«<'''• 
 member of the Board of Commissioners of Public Build-,,olu.r\V.'ronn'in'Lfoncr'^ 
 ings the notice required bylaw to be given, he shall for-" '"'"' "'""^''• 
 feit and pay double the amount so detained. 
 
 In case anv Clerk shall nec-lcct or refuse, without reason- a a.-isis. vi. io.?n. 
 
 • ~ _ For refusing to exliibU 
 
 able excuse, to exhibit the Tax Returns transmitted to him ''"»" i^^ »"'"••'• 
 by the Com})trollcr, when demanded in ofiice hours by any 
 person paying a tax in his district, he shall be su])ject to a 
 penalt}' of ten dollars, to be recovered before a Justice of 
 the Peace; one half of the sum recovered shall be paid to 
 the informer, the other haU" into the Treasury. 
 
 Attorneys and Solicitors. 
 
 Any citizen of this State may be admitted, on petition, ;;Vi5,til''Mt.T.'."i.^'^" 
 to plead and practice in the several Courts of Law and^jj;'^^'^'""'""^ ^" '"""^■ 
 Equity, upon examination by the Judges of the Court of 
 Appeals, if they deem liim properly qualified: Provided, 
 that he produce satisfactory evidence of his morality and 
 general good character, and provided also, that no person 
 shall be admitted to the Bar who sliall not have attained 
 the age of twenty-one 3'cars; and that it shall be the duty 
 of the Judges to see that the candidates for admission shall 
 be examined rigidly upon the tlieory and practice of law 
 and the i)rinciplcs and practice of equity. 
 
 A citizen of the Confederate States residing in this State, a. a., iror. v, 521. 
 of the a^e of twenty-one years, 11 he has graduted m any wiuna xra-iimto of :. 
 
 ° "^ ^ ■> o ^ 11- CiilK'Kc. (in<l a ritizcii of 
 
 college, and been admitted to the Bar m any State, and hisnnotii.r state, who has 
 
 ^ ' _ ' 1 II ntlniittcd in another 
 
 term of study and practice amounts in the whole to three state. 
 years, may be admitted to pi-actice law in the Courts of 
 this State on liis petition to the Judges of the Court of 
 Appeals, if they find him cpialificd. But if he has not grad- 
 uated at any college, then four years of stiuly will be re- 
 quired, (M' four years of study and practice together. 
 
 But if the candidate is not a citizen of this State, nor a n. 
 
 . . , , ,.,. ■,. r ^ • Whr-n lint n citizen i>f 
 
 iiractismg Attorney, tour vears thiiuent reading ot law in this .'<tnie. or a practi*- 
 
 r«. *" . 1 * T 1 • ' 1 • t' ' 1 ing Attorney. 
 
 the orace ot a lawyer or Judge, in this State or any otlier 
 
428 
 
 State, or partly in out- and partly in the other, will be re- 
 <iuired of liiui : and the last year out of the four, in tliis 
 State. 
 
 itA' Vm'tt ^'■^' ^Vhen admission to plead and praetiso in the Courts of 
 
 R«-»i.kt.u..f<!«.rBia L:,\v aiid Iviuitv ill this State, shall be demanded l»v anv 
 
 «•! Nurlh C«ruliiin. _ » • ' • ♦ 
 
 citizen (d' the States of (leorijia or Xorth Carolina, who 
 shall produce to the Court in which sucli a})i)lieation may 
 be made the certificate of a Judge of the Court of Com- 
 mon Pleas or a Judi^e of the Court of E(piity (as the case 
 ihay be), of the aforesaid States of Georgia or Xorth Caro- 
 lina, duly attested, under the seal of the said Court, stating 
 in substance that such person has practised for three years, 
 immediately preceding, in the Court to which the Judge 
 so certifying shall l)el(>ng, as an Attorney or Solicitor (as 
 the case may be), and has niaintainec\ a good moral and 
 professional reputation, he shall forthwith l>e admitted to 
 plead and jiractise as an Atti)rnev or Solicitor (as the case 
 may be), in the Courts of Law and Ivpiity in this State, 
 without compliance with any form or requisite, e.\(,'ei>t onh' 
 the payment of the usual fees and taking the usual oath. 
 
 ii^^jl*" '■*'- * •'••"•<; All Attorneys shall .be examined by the Justices, and the 
 siij.'iiti.vnit.;ie.i nauics of tliose wlio are aiiiiroved shall be idaced ui)on the 
 
 a E<lw. 1 : JI. 4'M. . i 1 i * 
 
 Aif..rtu-vK Kiiaii i,e Y^)]\ of Attomcvs, and sworn well and truly to serve in their 
 
 ► Worn and enrolled. »' ' ••' 
 
 offices. If any Attorney or Solicitor who has been sworn 
 and enrolled be guilty of malpractice, or be found false to 
 his trust, he shall be stricken out of the roll of Attorneys, 
 or attached for contempt, and iie\cr allowed to plead or 
 ]»ractise I'urther. 
 
 Aflorncffs Oath. 
 
 I, A J5, do swear that 1 will truly and honestly demean 
 myself in the ])racli<'e of an Attorney, to the best of my 
 knowledge and abilliy. and be laitlirul to the C'Onstitution 
 of this State and the Coiilederate States. 
 
 The same oatli nmtutis mutandis shall be taken by So- 
 licitors. 
 
 For Fees, see Fee Bill 
 
429 
 
 III.— Courts of Equity. 
 
 1. — Organization. 
 2. — Jiirisdictiou. 
 3._OfHcer8. 
 
 Register. 
 
 Master. 
 
 Commissioner. 
 4. — rractice. 
 
 1. — Organization. 
 
 The Coart of Equity shall consist of three Judges, styled ^.j^^a..^/^'^; 3^,; 'j;;''- 
 Chancellors, to be elected by the General Assembly, upon ^.«-^- «■ c-^ ^^-'"^ '" 
 joint ballot of both Houses, and commissioned by the Gov- "- <-">"i>"-i- 
 ernor during good behaviour. 
 
 The salary of a Chancellor shall be three thousand dol- (vm;,.\«'c.Vl!v.^'VK' 
 lars per annum, which salary shall neither be increased or '''''"•••^■ 
 diminished during the incumbent's term of office. 
 
 Every person elected and commissioned as Chancellor, J;;^,:,!;^,^;;'^ -'''■'^'' 
 before entering on the duties of his office, shall take the 
 following oath of office, which the Governor is authorized 
 to administer, viz : 
 
 - I, A B, do swear that I will well and truly serve the 
 •people of this State in the office of Judge of the Court of 
 Chancery ; and that I will do equal right to all manner of 
 people, great and small, high and low, rich and poor, 
 according to equity and good conscience and the laws and 
 usatres of SSouth Carolina, without respect of persons, 
 according to the best of my knowle<l-.xs skill and abilities, 
 80 help me God." 
 
 The State shall be divided into Circuits for the Court of 
 Equity, viz: 
 
430 
 A. A^ 1886. VI 1. 339. ji^j.^f — coDsistinir of Cliailcston district. 
 
 II.. 
 
 Second — •' Beaufort, 
 
 Colleton, 
 Bannvt'Il. 
 Oraiigrluir^. 
 
 n.. T/iinf — •' SuiiitiT, 
 
 Darliiij^toii, 
 Marion, 
 AVilliaiMslmra;, 
 (ifor^t'town, 
 A. A.. iM-'i. ,\i. 2.V. Ilorrv, 
 
 A.A.. ists. XI.513. Marlliorousrli. 
 
 A. A., itcci. vii.;a9. Fourth ■ " Kersliaw, 
 
 A. A_iM.^ XII.152. Sumter, 
 
 A. A.. i8&«. xii.aso. ('larc'iidoii, 
 
 Richland 
 Lexiiiirtoii, 
 
 XcW ItClTV. 
 
 VII. S30. Fifl/'— " Efl^iTofieUl, 
 
 Al.l.evillo, 
 Anderson, 
 I'iekens, 
 Grei'iiN ill*.'. 
 
 It,. Sixth — ; •* Spai-tanliiiru:, 
 
 Union, 
 York, 
 Cliestor, 
 Lancaster, 
 Fairlicld. 
 
 A.A..iM*.vn..'io4.j.T The Chancellors sliall ride tlic cii-cnits in rotation, and 
 
 Clmiici'IliirH to utti'iid , ii/^t ,• .,1 ii-i'i 1 ..- 1 .1. 
 
 ;imi hold Court,.. liold C ourt HI thcscvcral districts aliovo-nientioncd, at 
 
 such times as the Legislature may appoint; and tlic Court 
 of Equity in every district sliall have jurisdiction of all 
 causes in e({uity \vl)orein the defendant is a resident in 
 such district. 
 
431 
 
 In case of the absence of a member of the Court of ch;Vccnm-u"i"t"on^^" 
 Appeals, the Chief Justice or presiding Judge may call on^X\ifye'Sjiwu™ 
 one of the Chancellors to sit for the occasion as a member 
 of that Court; and it shall be the duty of the Chancellor 
 to attend accordingly ; but no Chancellor shall be called 
 for that purpose from his regular circuit duty. 
 
 It shall also be the dutv of the Chancellors to sit as '^-i ■?,-. f vr, ... 
 members of the CVmrt of Errors whenever such Court is ' 
 rcffularlv summoned. 
 
 An appeal shall lie to the Court of Appeals from the a.a.. isns. vii,304, 
 final decrees of the Chancellor, and also from such orders Appeals, 
 as are conclusive of the merits. Where there is no appeal, 
 the final decree of the Chancellor shall be as binding on 
 the parlies as a decree of the Court of Appeals. 
 
 An ap})eal shall stay or suspend the execution of the 
 decree or an order conclusive of the merits, unless other- 
 wise ordered b}' the Chnncellor, who may annex to his 
 order such e(piitable conditions as he in his discretioii may 
 deem fit. 
 
 All suitors in this Court may do their own business with- ■}• a., iroi. vn.2Go. 
 out application to anv Counsellor or Solicitor; and each of !*"'»<»•? ""».v <i-' ti.cir 
 
 .* * "^ ' own busiiiusa. 
 
 the Judges of the Court of Equity shall ride the circuit, 
 unless prevented by sickness or unavoidable accident. 
 
 The Court of Equitv shall alwavs be open for adminis-,.^'V..l'?*y!^r08,gv; 
 tering justice to suitors; and in vacation, anv rules and <""'"f to i.e always 
 
 '-> " ' ' t/ upon. 
 
 orders preparatory to the hearing of the case may be made 
 at Chambers. 
 
 The Courts for the full and solemn hearing of causes A.A..iT2i.vn. nvj. gs. 
 shall be held at the times and places following, until al- 
 tered by the General Assembly, viz : 
 
 [The calender is so often changed, that it was thought 
 best to defer the printing of it till the volume is complete.] 
 
 When the arrears of business shall have accumulated in A.A..iw5.vn.329,?2. 
 any district so that the docket cannot be cleared during the 
 time allowed for the sitting of tlie Court, the Chancellor 
 
43-J 
 
 may order a sjtecial Court at a couvcnifiit time, aiul shall 
 a.a-it:o. iv.4fR. ?5. tlieii aftciid for tlic disi)atcli of businens. And if tlie court- 
 
 w hen court ■liuiiKf in * 
 
 .i«srtroy«i. lioii.se bo destroyed, ]ic may hold tlu- C\>urt in any neigh- 
 
 boring building. 
 
 '2. — .f'lrisdiciii'n. 
 
 A. A.. KJi. VII. ira The Court of Iviuitv shall have all tlu- ixiwer and autlior- 
 
 K.xt.-iil of Jniiwlkfi..ii. ^ ^ , . * . . . 
 
 • ity in granting and issuing all original and remedial writs 
 and other }»roecss whatever, and in making 'rules for the 
 regulation of practiee, and in hearing, adjudging and de- 
 termining all eauses and suits in et^uity whieh belong to 
 the jurisdiction of Chancery. 
 
 A.A..iRnT.vn.34<) {0: lu all nuestions of law as distinguished iVom cciuitv, the 
 Court of Equity shall follow the decision of the (/oui't of 
 Law ; and no suit in equity shall he sustained where plain 
 and adequate remedy can be had at common law. 
 
 A. A.. 1SU.V.719. The Court of E(|uity shall have power iconcurrently with 
 
 I'.jwcrl.) lurar Hiiplirii- , ., . if / \ ' 1>1 \ ^ 1 II r <• i' 
 
 ti..„» f.w .imii};,. (.f Diimc. tlie Court ot Common i Jeas) to near all applicatmns tor 
 change of name. 
 
 A.A.. iK.!'.t..\i.n<j. na: The Court of Iviuitv shall heai' all appeals iVom the 
 AT'i'<-»iHfn.mor(iiimry. Court of Ordinary when such ap[ieals relate to matters of 
 account. Sec Ordntdi-ii. * 
 
 2,.— Officers. 
 
 Register in Kquily. 
 Master in E(juity. 
 Commissioner in K(piit\. 
 
 Kegister in Mnuity. 
 
 A. A.. 1840. xi. 154. ^j. TheRegister of the Court of Equity sliall be elected by 
 T.niioi''..m,,-. joint ballot of the Senate and TFouse of Representatives, 
 
 and hold his olhee for the term of four yeai's and till a suc- 
 cessor >liall have been appointed and (|ualitied and enter on 
 the (bities of his otHce. 
 
433 
 
 He shall give bond and security for the faithful perforin- b<""^- 
 anee of his duties, and take the oath of ofhco before enter- 
 ing upon its duties, as pi-eseribed in title. '• rublic Ofhcers." 
 
 The penaltv of the l»ond for the Register in Charleston a. a., isw. xi. u.r.. 
 
 ' ' ' Penalty of bond. 
 
 district shall be twenty thousand dollars. 
 
 In case of vacancy in the office of Keii^ister in E(|uitv a. a., i84o. xi. ir>4. 
 
 ~ ' " 111 case of a v!icHni-\ . 
 
 during the recess of the General Assembly, tlu' (Jovci-noi- 
 may lill tlie Vacancy by a})])ointnu'nt until an election by 
 the (iencral Assend)ly, and the qualiticati(ni and entry 
 upon the duties of the office of the party elected. And in 
 case of failure of the Register to attend, by himself or by 
 deputy, at the time for holding the Court, the presiding 
 Chancellor shall have power to appoint a Register pro 
 tonporc; and the person so appointe<l shall be entitled to 
 the fees of the Register for that term. And the Chancel- 
 lor shall have the same authority when a vacancy exists 
 and has not been filled by ap[)ointment, or the person 
 ai>i)ointcd has not (pndified at the time ol" holding tlic 
 C\)urt. And the person ap})ointed pro fciHporc shall take 
 the oath of office, and enter on his duties without delay. 
 
 All writs issuino; out of the Court of Equity shall be . , ,.„ ,.,, ,,.., 
 
 ~ 1 .J A. A., 1(21, V 1 1. !'>••. 
 
 signed by the l^egister, and sealed with the seal of the To sign aii writ.. 
 Court. Xo subpoena or other process shall issue out of the 
 Court before bill filed. 
 
 Upon due in-oof of the service of a writ 'of snbixena, in a.a. isio. xi.itv."..?L->. 
 
 , ^ _ ' _ ' 'l'.' (iiaiit orders. 
 
 default of [ilea, answer or demurrer, the liegister shall '■'^"'' i>tt;>(iiii.eiii. 
 have power to grant an order to take the bill pro confcsso, or 
 to issue an a«ttachment to compel an answer. 
 
 X^pon proof that the dclendant is out of the b^tate, the ii,. 
 
 R. 1 J- 1 1- i- 1 1 T.))frant Htilitf I'lil.li- 
 
 egister may grant a rule ol ]»ublication, wiiere sucli action. 
 
 ,. ." , 11 1 /• ,. , 1 OnlcrH. etc. fl.«ll h- 
 
 proceeding is regular; all orders pro cojijcsso, lor attacJi-in.ioi-8cd. 
 ment or publication, shall be endorsed on. the bill and 
 signed by the Register. 
 
 The lieirister shall file all bills, iietitions. answers, plead- a.a. isjn.xi.tn;!,?^' 
 
 ■ , ., . ' 1 ., 1 T.) lilr all Bills. ,tr 
 
 iiigs and cxiiioits, and all other jtapers (lirectt'd to be filed 
 either by ihe practice of the Court or by special (»rder. 
 
 28 
 
484 
 
 II.. ^tv-ii He sliall attend the sittinajs of tlio Court, swoar all wit- 
 
 nes!<es there examined, and enter a minute oi all the })ro- 
 eeediiifi^s. 
 
 II,. i'^-*f- ,,„ .^ He shall have the custodv and can- of the seal and of all 
 records, books and ])aiiers helons^ing to the Court, and 
 shall keep his ofliee in the jtiace where the Courts ol' the 
 district are lield, and in tlie eourt-lnmse if tliere he one. 
 
 "' , , , lie shall cause liis office to be provided with suitable 
 
 Pa|HTn. riTorili. Imi.kis. ^ i 
 
 furniture, and convenient cases and lixtures t\)r the safe- 
 keeping and preservation of tlie records, books and papers 
 of the Court, The furniture shall In- ]>ublic ju'opertv. pro- 
 vided at the expense of the i>ublie. and the cost defrayed 
 by the Coniniissioners of Public Buildings for the district. 
 
 tii. All bills, iK'titions, subiuvnas and other process, all ans- 
 
 Billi pi-titioim. suli|)(C- '■ ' _ _ '- 
 
 iKw. cu:.. to I.C kept. Avers, ])leas, demurrers and exhibits, shall be dejiosited in a 
 se}»ai'ate case, and all the pajiers lu'longiiii:- to a given 
 cause ke}>t together in a separate ]>arc«.'l : and these parcels 
 placed in compartments of tlie case, labeled with the 
 names of the complainant's .solicitors. And after the tinal 
 order disposing of the cause, the decree with the bill and 
 answer, and all the papers tiled in the cause, including all 
 the proceedings, if any by way of aj)]»eal, sliall lie tied uj> 
 together in one parcel in an mvelojie of strong pa]»er. and 
 ]>r()perly labeled with the name of the cause and the year 
 (»f the tinal decree, and placed in one coini»artment of 
 another case. 
 
 J,,. All i)etitions shall in like inaniii'i' he ])ut away with the 
 
 proceedings in each case, in a compartment marked "Peti- 
 tioners," and labeled with the \-ear of the tinal order. 
 
 lb. 
 
 M«nev ilccrPCB. 
 
 ..Vnd all inoni'V deer»'es shall \>v put away sejiarately in a 
 compartment, HKirked "Moiiev Decrees." \\\{\\ the iirior 
 proceedings, and marked with the tith' of the (ase and 
 date of enrolment. 
 
 All other papers, reports, writs of ne exeat, attachment, 
 >ce.\<'.it« Attftc)iii.<ni.j^:,^,,(.^i^),, exceutioii of decree, bonds of iniunction and 
 
 tc. . , 
 
 exeat, of guardians, receivers, trustees and the like, except 
 
(illilllliiUls' 1111(1 'l'lll« 
 
 435 
 
 those belonging to causes still pending, shall in like man- 
 ner be put away in separate packages, in strong paper, 
 labeled with a brief reference to the subject in each pack- 
 age, and the year when likd, and the number of pa])ers 
 in each package. Papers of a like description being 
 placed together, shall be put away in separate compart- 
 ments. 
 
 The annual returns of accounting itarties, as guardians, n.. 
 receivers or trustees, shall also be put away separately; buti-'-^ .\oo„„t 
 all returns of the same guardian or other accountant shall 
 be kci)t together, and each package shall be hd)eled, and 
 the packages numbered alphabetically — those guardians 
 and accountants, whose names begin with the same letter, 
 being put in the same package, or in packages beginning 
 with the same letters. 
 
 All documents ottered in evidence at the hearing, and by A.A..i8;>o.xn,(i7.iJn. 
 
 . 1111 1 1 • ' KvidciiCR offered af 
 
 the Chancellor delivered to the Kegister, shall be by Inm luaiin!; of a ca«c. 
 inclosed in an envelope and labeled with the name of the 
 case, and endorsed with the Avord ''Evidence," and kejtt to 
 be delivered when caUed for, to the party by whom such 
 documents were introduced. 
 
 And every liegister shall provide and kee}> in his othce^.;^ '^- '^^'- ■'^'- ^''''■ 
 the following books, viz : 
 
 1. A Minute Book, in which the proceedings of the i{„„ks. 
 Court shall be entered, and all interlocutory orders, whether 
 made in term time or vacation, co})ied. "2. A Decree l)Ook, 
 in which all decrees tiled in the district shall be copied. 
 
 3. A lieport Book, in which all reports shall be cojtied. 
 
 4. A File Book, in which papers filed in the ofiice shall be 
 entered with the date of filing. 5. An A[>[)carance Book, 
 in which the parties or their solicitors may enter their 
 appearance. 6. A Docket of the causes set down at every 
 term for hearing: and all these shall be properly indexed. 
 7. A General Index, in which shall be entered every paper 
 filed in the office referred to by tlie mime of every party to 
 the documents, alphabetically arranged, S. A separate 
 Index to Money Decrees, in which shall be noted every 
 
436 
 
 enrolled decree, with tlic iiaines of everv party (»r estate 
 l)i»iiii<l l»y the decree, the amoiiiit of the deht, tlu' date of 
 eiirohiieiit, and a ri-fereiiee to tiie [laekago in which the 
 deeree or order is contained. 
 
 J^;,^^ All these hooks shall be of convenient size, and durable 
 
 pajier and well bound: the cost shall be defrayed by the 
 Coinniissioners of J'nblic IJnildinifs of tbc djstrict, and 
 they shall be pnblic property, and transferred npon the 
 death, or tennination of otHce of the Keuifster to his sue- 
 cessor. 
 
 ji... itv?. ?25. The Ueii^istcr shall be bonnd to permit the exainination 
 
 To allow fxaniiimtioii ■, . . i> i • • i i i i i /• • i • <• 
 
 -riicM.ks. and inspection ot Ins said nooks, and to turnish cojiies or 
 
 any extract iVom them, and be entitled to the fees cstab- 
 lislied l)y law for tlie examination, ins}iection or copies of 
 any of the said books or extracts; and all searclies made 
 and cojiies fiirnisbed at tbe instance of a Master in Chaii- 
 cery, shall be costs in tbe cause. And in no case shall the 
 said 1)ooks be taken out of tlie otfice. 
 
 II'. <!2s. Ke<i;istcrs in Kcpiity sball keep tbeir oflices open, and 
 
 sliall, personally or by deputy, attend at such offices, except 
 during the sitting of their respective Courts, from the hour 
 
 i»m.c hoiiFK. of I\ A. M., until the hour of li, r. m., on every day in ilie 
 
 year — Sundays, Christmas day, the Anniversary of American 
 Indein'iidence, and other jjublic holidays, excepted. And 
 every iJegister who shall neglect or fail to attend, as herein 
 
 AitMud. directe<l or re(iuired, shall be tined l)y the Chancellor in a 
 
 sum not exceeding twenty dollars, unless good cause bo 
 shdWM to tlic contrary. 
 
 ||•..^■^o. Xo licii'ister in l*i(|uity sliall, in his own district, iiractiee 
 
 Not to practice in Court > i ./ i 
 
 ..«• Kqnity, or wit), ii ;,s a Solicitor ill the Court of Equity, nor be directly or 
 
 |iartiicr iii Court oJ Uiw. _ i. ,/ ' „ ^ 
 
 indirectly concenud in the management of causes in said 
 Court, by sharing the protits thereof or otherwise. Nor 
 shall he, in bis own district, practice as an Attorney in tbe 
 Court of Jjaw in partnersbi[> with any otber person ; and 
 any Register offending berein shall be liable to be indicted 
 i'or oflicial misconduct, and ujion conviction shall l)e (lis- 
 
437 
 
 missed from office, and shall suffer sueli otlicr [>oiialties as 
 are by law provided in cases of official miscoiidnct. 
 
 In all the districts except Charleston the (\)nnuissioner iVco. 
 in Equity shall, unless otherAvise directed, possess all the 
 authority, l)e subject to all the duties, and dischari!;e all the 
 services of a Register in K([uity. tind wherever the word 
 Register is used in this work, meaning l\egister in K<(uity, 
 it shall apply not only to the person so designated, but to 
 the person fulfilling the duties of the office. 
 
 Ma.^tcr in Equiiji. 
 
 The Master in Equity shall be elected by joint ballot o\' a.a.,i84o.xi.i54 i-j.. 
 tlie neiiate and Jlouse ol liepvcsentatives, and hold his Term of oSRce. 
 office for the term of four years, and till a successor shall 
 have been appointed and qualified and enter on the duties 
 of his office. 
 
 He shall give bond and security and take the oaths of n... 
 office before entering on its duties, as i>res(i-ilK'd in title: 
 " Tublic Officers." 
 
 There shall be two Masters in Equity in Charleston ii...?i. 
 
 ,. . , , , r il • 1 1 i n 1 11 'I'wo Masters for Clwirl.c 
 
 district, and the penalty ot their bonds shall be severalh' i.'n.iistiict. 
 
 - . , 1111*^ ' Amount of bomL 
 
 thirty tiiousand dollai-s. 
 
 Ill case of vacancy in the office of Master in Eciuitv dur- ib.. ?2. 
 
 Ill i- ^ Viicancv. 
 
 ing the recess of the General Assembh', the (xovernor may 
 fill the vacancy, by appointment, until an election by the 
 General Assembly, and the qualification and entry into 
 office of the party elected. , 
 
 The Masters in Equity shall keep their offices in the city, ji,.?23 
 town, village or i)lace where the Courts for their respective 
 districts are held, and shall cause their respective «)fficcs to 
 be provided with suitable furniture. 
 
 It shall be the duty of the Masters in Kquity to attend ii... ^n. 
 the sittings of the Court of Equity in their several districts; c...irt."niako Rai."'?x"e- 
 
 1 11 1 1 1 1 ,1 /'t ■ 1 riitc ri.iivryancc. otr 
 
 to make all sales ordcre<l by the ( ourt, and execute convev- 
 
438 
 
 aiu'C's ill pursiiaiico tlicroot": to make all oiKiuirit'."*, take all 
 accounts, and examine all matters interred to them, and 
 certify, by report in w ritinir. liow tlie orders of the Court 
 liave been executed hy them. And they shall he author- 
 ized to administer oatlis in tlie discharge of their duties, to 
 swear defendants to their answers, and take affidavits relat- 
 ing to any matter or ])i-(i(eediii<r in e(juity within their 
 respective districts. 
 
 ii..?T. They shall have authority to grant all motions of course, 
 
 rowem a* to niciliioi-. " , i ' i • it ^ 
 
 to extend, upon cause shown, the time to plead, to amend 
 jtleadings, and to make new jiarties ; to grant leave to mar- 
 ried women to answer sejiarately irom tluii' Imshands ; to 
 grant I'ommissions of (.Jidiinvs jiotcslatem ; to admit guar- 
 dians to infants abroad : to take the answers of defendants 
 who are absent ; and to grant commissions to take the ex- 
 amination of witnesses, either in the State or abroaih 
 
 II 
 
 Af) t'l matters (if 
 
 They shall also be authorized to make orders referring 
 mil!" '"■"'"^'' '" "" matters of account, saving to the parties the benetit of all 
 matters of defence or equity, and to grant any other order 
 of an iiiTerI(»cutorv nature, ])reparatorv to the hearing of 
 the cause upon its merits: l)ut all such orders shall be sub- 
 ject to the re\isi(»ii and judgment of the Chancellor. 
 
 A. A., is.v.t. xii.Tsii. They shall have }iowei" to appoint guai'diaiis of the per- 
 
 Knlftrged. ' , .... , , ' . l 
 
 To appoint tii'i'i'iiaiis SOUS aiHi cstatcsot lutauts; but such aj»}>ointment may be 
 
 ir infaiifs. . Till- 1 11 
 
 excepted to, and tlie exception sliall bring the whole (pies- 
 tion bi'foiv the Cliaiicellor in term tinu- : and iVoiii the 
 Chancellor's decree there may be an ai>peal to the Court of 
 Appeals. And the Master shall be bound to report to the 
 Court foi" approval, at every term, what jtersons have been 
 api>oiiiic(l guai'diaiis l»y him since tlu' last session of the 
 Court, with the names of the infants and the sureties, and 
 the amounts of the guardianshi[> bond. 
 
 11... g8. It shall be competent for a Master in Equity, upon a bill 
 
 Togran.inj..nctio„H. ^.j^^^ .^^ ^^.^ distHct, aud affidavit of thc truth of tlic cou- 
 
 teiits and service of two ilays notice on the party or liis 
 solicitor, to grant an injunction to stay proceedings at law, 
 or a special in junction either before or after answer. And 
 
439 
 
 if the injiuietion be granted I cfore answer, it sliall be law- 
 ful for the jSIaster himself to set it aside after the coming 
 in of the answer, if, npon a rule to sl)Ow cause, which shall 
 be grantable of course, and two days notice to the opposite 
 party or his solicitor, it shall appear to him just and proper 
 so to do. Pror'nhd, nevertheless^ no injunction shall be 
 granted l)y the Afaster, unless the recjuisite security be 
 given and all the conditions re(juired by law be complied 
 with. And all such injunctions shall be subject to the 
 review and judgment of the Chancellor, cithci- in term 
 time or vacation. 
 
 It shall be competent for the Masters in Eciuitv, in their ll!-.?"- „ . . 
 respective districts, to grant writs of })artition of real or 
 personal estate, and writs for the admeasurement of dower, 
 where the right of dower or partition is not contested, or 
 has been judicially ascertained ; and all such writs shall be 
 returnable to the next term of the Courts, and the e([uities 
 of the several parties reserved for adjudication of the Chan- 
 cellor, 
 
 It shall l)e the duty of Masters in F.(piity, on ap}»lication n... ^m. 
 ot either party to a cause or proceeding m equity, m their 
 respective districts, to take the deposition of any witness in 
 the cause. Sucli deposition shall ])e taken hy examination 
 before the Master in the usual manner of examinations in 
 open Court. To that end, the ojipositc party, or his solic- 
 itor, shall be summoned to attend, at a certain time and 
 place, ten days at least before the examination. 
 
 And the Master in Euuitv shall have i)0\ver to conntel H'-gn- 
 
 ^ , '' ^ ^ To (onipfl iilteiiil:iiM 
 
 the attendance of the witnesses to be examined before "*'"'tn'^»«^'«- 
 him, and to that end to issue a summons re<piiring the wit- 
 ness to appear before him at a certain time and place to 
 give evidence in the cause, and if the witness, being per- 
 sonally summoned, shall fail to attend, the Master shall 
 have power to issue a rule requiring him to show cause 
 why he should not be attached tor contempt of the process 
 of the Court of Equity, and uiioii faibirc ot' the witness to 
 show sufli<'icnt cause, the Master shall ha\c jiowcr to issue 
 
440 
 
 an attaelinient against liini, wliicli .sliall not 1)0 dissolved 
 cxce[>t bv liis onler oi* tliat of a Cliancdloi". 
 
 A A. i»':.9.xu.7R6.^2. Tlio ut t (Ml (hi Met' ot" iIk' MiistiT t<> i;iki.' tlio cxamiiiiition 
 Aiu-n.ianrc- t..iak.-.x-»)i witnt'Ssi's sliiill I K' con si( li'i'cc I a ii-uTcncc. aiHl ('liartr<^'<l 
 
 ■iiinntioii to hv rliiirs;f<I , i i a t i ii i ■ i i i 
 
 -aiviK.il. as siicli ; and llic .Mastci' sluill lie iiiiitli'd t»» rliai'ut" i*>i' a 
 
 iH'jMtrt in every case in wliieli any oi'dei' lias been made 
 recjuii'inijf bini to take testimony. 
 
 \. A.iMii xi.if.7.((io. Tlie depositions taken by tbe Master, as aforesaid, shall 
 
 Ih-IMitiilliiiiM to ».p cirli- , . . 1 1 1 • , ,1 /, , 1 1 J. .lI 1 • i- 
 
 . 1 1.. iiu e-urt. he eertuied by him to the C ourt and read at the lieanng ol 
 
 the ease: subjeet, liowever, to the right of eitlier J'arty, 
 njion good eause shown, to insist on tbe personal presence 
 of the witness and his examination n'ra voce. 
 
 !i...ji->- 'J'he Nfastei- in Ivjuity in every district sliall annuallv call 
 
 I'.iwiT «viT (iii.irdiiiiiH ■ . ■ ' 
 
 ;.-.-..iv.-r- and Trust.-.-, ujion all guai'duins, receivei's and tiMistees wlio are nnder 
 bond to account to tbe C'(»nrt of Equity, to jiass their 
 accounts, and shall name a day and post a notice at the 
 door of tbe court-house and advertise the same in the 
 gazette, il' tliei-e be one in tbe district, a inontb in advance 
 of such day: and sluill audit the accounts and require a 
 complete schedule of the -ward's estate and the production 
 of all deeds and vouchers, and a return, on oath, of all 
 moneys received and }»aid away since the last accounting; 
 ,v..-. and shall chai'ge the guai'diaii Avitli all sums in bis bands 
 
 as debtor, and if detained more than six months, unless foi- 
 good cause, as delaulter: and dejjosit tbe account I'ciidered 
 by the guardian with the Register of tbe Coui't, and retain 
 a transcrii»t in the books of the Master's oliice ; and re})ort 
 to the Court what guardians, receivers and trustees have 
 rendered their accounts, and what guardians are indebted 
 and bow ninch, respecti\"ely, and how long the debt has 
 been standing; and what guardians, receivers and trus- 
 tees have lailed to account altogether, or rendered accounts 
 nyt siipi»oi'teil by jn-opei' Noucliei's. 
 
 lb. .Vnd if anv Master shall neu-lect to nuike such annual 
 
 Npftlcrf tn iiinl«orf>pipit. • ' . 
 
 rejiort or shall in bis ivport fail to i)oint out the balance 
 against the several guardians, be shall be answerable for 
 tbe damage which any minor may sustain by reason of sucli 
 
441 
 
 Master's default : Provided, tluit no one sliall 1)0 riMiuired to 
 report as to anv i>:uar(lian after his ward has eonie of age 
 .or after tlie u'uardiaii sliall have died or had his authority 
 revoked. And all the foregoing regulations shall a})]>l_v to r>.<Tiveisnii>iTnistce.-<. 
 the case of receivers and trustees as well as guardians — 
 distingnisliing where there is a difference. 
 
 All blasters sliall, annually, on the first day of the term n... loi. ?i5. 
 render an account of the diffei-ent estates in their hands cstat.s in unn.i : m.iw.vs. 
 under the authority of the Court, Avith a schedule of the 
 particulars in every case, iiidess such schedule has heen 
 filed already witli some prior account, and tlien the annual 
 account may refer to it to ascertain wliat additions have 
 been made or what diminutions have taken place and how: 
 which account shall contain a pai'ticnlar statement of all 
 moneys received and paid away since the last acc(mnting, 
 and he supported hy vouchers and the ]»roduction of all 
 bonds, notes, securities and deeds referred- to for moneys 
 invested, and show the ti'ue balance in hand. 
 
 And the Chancellors on the view of such accounts shall n... jju. 
 take care ot the interests ot those who are under the pro-ditiic intdcsts nni,ose 
 
 ,, , ^^ , , , , , iimk'r jiiotection of 
 
 tection or the Court, and make such orders as to themcouit. 
 sliall seem good, to enforce the duties of all parties acting 
 nndiM' their authority; and may order any balance in the ;v-,,,„ 
 hands of any guardian into Court, to be invested forth- 
 with, and enforce their order by the i)i'ocess of the Court, 
 and see that no lialance remain unnecessarily in the haiuls 
 of the Master, nor be invested on personal security. 
 
 Tt shall Ite the duty of Mastei"s in E(iuit\' in i'\erA- disti'ict n...?if.. 
 to de])osit all monevs that liave come to tlieir liands in vir-inti.o nank..f ti.e stato 
 
 • 1 • f •' 1 T> 1 ■ 1 CI -1 ^ ti of Suuth Oaiulinn. 
 
 tue ot their othce, m tlie Hank o\ the State ot South ( aro- 
 lina: in Charleston, in the priiici}ial bank immediately; in 
 the other districts, the dejiosits shall be made within a 
 month in the branch within the district, and where thei-e is' 
 no such branch, in the princi])al bank or its bi-anches, as 
 most convenient, unless the moncA'be paid in the meantime 
 to the Jiarty entitled. And all such deposits shall be in the 
 name of the Master, separately from any private account. 
 And the cause in A\hich the order was made, whereby the 
 
442 
 
 money was received l»y tlio Master. >\\n\\ be <k'sitrn;,teil by 
 tlie name of the first jtlaintitt' and the first defendant, in 
 the entry (»i tin- <U'|t«tsit as well as in tlie elieek (bawn 
 aL'"ainst it. 
 
 ii...i6ijiK- Kvi'ry Master sliall j.rovidf and kvr\> in liis ofHee tlie fol- 
 
 lowinij: b(i(»ks. t»> wit : 
 
 B*"'k'. 1. A ImuhI I'xiok. whiTcin liv shall tran>rrib(.' all injnne- 
 
 tion and ne exeat bonds, and the bonds of u;nardian.s, re- 
 ceivers, trustees and other ]H'rsons acconntablc in liis ofttee 
 for any ficbuiarv <hity. 
 
 2. A BfKtkof (luardians" an*! Trnstecs' Aeeounts, wlierein 
 he sliall transcrilte theannnal retnrns and aeeonnt.s of <:;nar- 
 dians. receivers and tiuslees. which lia\e been exaiiiined 
 and audited by liini. 
 
 8. A Stock Book, wlu'rein he shall enter an invi'ntory 
 and statement of all bonds, notes, elR)ses in action or other 
 pro[>erty of any descrijition whatever, which may be in his 
 hands, possession or management by \irtuc ot his oflice, or 
 of any or<ler or <lecrec of the ('on it. 
 
 4. An Account Book, therein he shall ojieii and kt'ep a 
 regniai- account of all moneys received or i»aiil out by him 
 for or on account of any jierson or jtersons or estates, by 
 \ irtue of his ofKce. or of any order or decree oi' Court. 
 
 /). A Sales liook, when-in he shall eiiti r at the lime of 
 nuiking any sale, by order of the Court, an ac<-ount of such 
 sale, settinti; forth the date, description of the jirojierty, 
 terms of sale, price, and mime or names of the jnnvhaser or 
 purchasers. 
 
 (J. A Minute IJook. wherein he sliall eiiti'i' all orders 
 made by him, and a minute of all ]irocet'din<;'s of a Judicial 
 character had Itefort' him by \iitue of the scNcral jutwers 
 * and authorities vested in him. 
 
 lb- All the said books shall be indexed, atid the nuitters eon- 
 
 Inicx. 
 
 tained in them referred to in the indexes by the name of 
 
443 
 
 every party or estate contained tlierein al]»liabetically ar- 
 raiip:e(l. 
 
 Ami tlie said books shall be deemed public property, and "'i^ 
 at all times accessible to the ]^arties interested therein, upon 
 pavini;- the lawful Ices. And, on tender of the lawful fees, 
 extracts shall be nuidc and certified b_v the Master, when 
 re([uired. 
 
 TT])on the cxiiiration of his term of office, and within ii,..i)j(.. 
 
 ' ' . TnilisfiTnllM.oU.>. li.Hl.l.s, 
 
 twenty days after his successor shall haA'c entered on the paiKis. ni..iu>>. 
 duties of the office, tlie Master in Equity shall deliver to 
 his successor all the official books, hereinbefore directed to 
 be kept by him, and transfer to him all moneys and securi- 
 ties held by him in virtue of bis office; and also the furni- 
 ture and fixtures of the room or buildine; occupied as the ' 
 official place of business; and u]»on such transfei' and cbTiv- 
 ery he shall be entitled to a recci])t in duplicate at the foot 
 of an inventory contaiiiini>; a full account of all tlie \m-o\)- 
 erly so transferred and delivered; and u])on the du]>lit'atc 
 shall be endorsed a certificate of the Keu-istcr that the 
 orisiimd is filed in his office. And for all ])roperty of the 
 suitors in the hands of the ex-Master not appearing in such 
 receipt, he shall be answerable to his successor, as well as 
 to the party beneficially entitled. 
 
 It shall be the dutv of everv Master enterino; on the du- ii>. 
 
 ■ ■ ' . 'I'll call i)i\ prpdoccssoi- 
 
 tics of his office, to call u])on Ins predecessor tor a settle- for a sonicmont an.i in- 
 ment and for an inventory ot the assets l)eloniiniii- to the 
 office ; and for failure of duty in trausferrinu' and delivering, 
 ov in demanding and endeavoring to obtain the assets of the 
 office, both the out-going and the in-coming Master shall 
 be liable to be punished by the Court for contempt, and 
 sued by the party grieved loi- danuiges sustained in conse- 
 quence of such defaidt; whii-h damages, so recovered, shall 
 be a charge on the official bond of the defiinlter. 
 
 In case the office of the Master should terminate by his u,. 
 
 ,,,,, ,,. . I'll •! lii* Kospousibililv "f Kxt-r- 
 
 death, the same duties in which he is bound to ins succcs-„tor. 
 sor shall be required of his executors or administrators. 
 
444 
 
 Wliorcsot'vor in tliis work tlie word Muster is used, 
 iiK'iiiiiiit; Master in Ecjuity, it shall apply not only to the 
 person eonnuissioned and known as Master, hut to any 
 person exeivisin*^' the duties of Master; ami in all the dis- 
 tricts, exee]tt Charleston, the Coniniissioner in Kijuity, till 
 • itherwise ordered hy tlie (Jeneral Assend)ly, shall possess 
 all the autliority, he suhjeet to all tin- duties, and diseharge 
 all the servit-es of ^fnst«•r in l''i|uity in ;nid lor the district 
 for which he is appointed. 
 
 ( 'tiniiitt.'^-^iDiuv in ICijiiihi. 
 
 In the si'Vi'ral e(|uity districts in which no Mastci" or 
 ]\ci;i>tci- is hy law ]»rovidcd for. then' shall 1k' a Cotninis- 
 sioner in K<iuity who shall dischari::*' their duties, 
 
 A.A.iMo.xi.i.'.4 ?i. The Comniissioner in h'(juity shall he elect»'d hy the 
 joint hallot of the Senate and llonse of lieiiresentatives, 
 and hold his oftiiH* for the term of four years, and till a 
 successor shall have heen appointi'd and (lualified. and 
 enter on the duties <»f the otHce. 
 
 n...j-- In case of a vacancv in the office of Comniissioner in 
 
 K(piity dnriUL!: tne recess of the (ieni'ral Assemhiy, the 
 vacancy may lie iille(l hy the appi>intmeiit of the (Jovernor, 
 until an election hy the (ieneral Assemhiy, and the (|ualifi- 
 cation and entry into office of the person elected. 
 
 ,,, j;, Every Commissionci- in l''t|uity, whether hy electit»n or 
 
 "*""'■ appointment, shall t^ive hond and security lor the faithful 
 
 performance of liis duties in (lie ]>cualty ol" twi'iity tliou- 
 sand dollars, and take the oaths of otlice an<l qualify as 
 ordered in title: " I'lihlic Officers," hcfore enti'rim^ on the 
 duties of his office. 
 
 4._/',v/r/;,r. 
 
 [a.) — Process. 
 
 (A.) — IMea, Answer ami DemuniM-. 
 
 (/'.) — Suhsc(|uent J'roceedings. 
 
 (^/.)— Testinn»ny. 
 
 (<'.) — Injuncti<»ns. 
 
445 
 
 (/.) — "Returns of Gnardians, Trustees and 
 
 Receivers. 
 (_(/.) — Deerees. 
 (/(.) — Appeals, 
 (J.) — Final Process, 
 (.y.)-Costs. 
 
 Practice. 
 
 The Court of Equity in its procedure and practice, where ');• ^•- ''-'• ^"- ^'^■•■ 
 no positive rule is interposed, shall proceed atljud^e and.',,^;;;;";;;';;:;;;^."^!;..;.;; 
 determine, as near as may be accordiiio- to the kinnvn law, "'""''■" '"•'""'"''''"'"''■ 
 usaii'e and }>ractice of the high Court of Chancery in West- 
 minster Hall. 
 
 All suitors in equity may do their own business without|iV 
 
 , . o 1- -i ' Suitors to ilii their i«w 11 
 
 ap[>lyin_<>; to a Solicitor. l)^lsiIK•H^■. 
 
 The hill shall he tiled in the district where the defeiuhuit i^f^ViSS-'" '^''^ 
 resides, and if there he more than one defendant resi(liiisj;-i,,„„g,',V,' '""^ "'" 
 in (liferent districts, it shall he tiled wIkmv tlie irrcater 
 number of defendants reside; and in case the number of 
 defendants in separate districts is equal, the plaintiff may 
 elect in which to sue. 
 
 In cases under the value of five hundred dollars, the a.a.. it'.h vu.jn-i.ijs 
 
 I'ctitKHI. 
 
 party complaining may present his petition to the Court, 
 on oath, setting forth the true nature of the case, or the 
 sum really due: a copy of wliich petition shall be served 
 on the opposite party at least thirty days before the sitting 
 of the Court, with notice thereon to ap}»ear at a certain 
 day in Court, in order to answer the petition: and if the 
 party so served shall not appear at the time and [ilace in 
 the notice mentioned, or oti'er some substantial defence, 
 the Court may proceed to make sncli order or decree as to 
 justice and etpiity shall ai>pertain. IJut if the del'endant 
 shall appear at the return of the iK'.'.tion, and answer the 
 petition on oath, the matter in (question shall hi- heard as 
 in other cases. 
 
 All causes in Equity shall be conducted with <lespatcli; ,.;J,;\./J^;^^^\';,ifJJ;V^^^ 
 and if no proceedings have been had in any cause for three* %„,„,.« ,„i,rp,„„i„rt,,,i 
 years, tlie case shall l>e dismissed for want of prosecution. "'"' ''-'•""''' 
 
440 
 
 (a.) — Pi'ocofss. 
 
 A. A.. iTJi II. «:: Tlie sul>iKL>na .shall i.s^ue ol" coiir.-^o, on bill tiled iiiidoi- 
 
 i:w. 4 Am. K.. 10: IMii. » . ,,,,>. i i 
 
 XI. 16.% ji iv: 1K.K.. .M-the st-al of tlu' Court, be siifju'*! bv the lu-iristi'i*, and served 
 
 41. J 1«. . / 
 
 C11H-.-IIA. ],y the Slu'iifrof tlu' district wIkmh- tin- (htViidaiit resides. 
 
 A.A. iT-vt. \ii.-'i".«ii The sub[i<eiia iiiav be si-rvrd by deliveriiiiT a ^^'^^l*}' per- 
 sonally to the dete 
 place of" residence. 
 
 sonally to the detendant, or liy lca\ iiii; it at his most usual 
 
 M.iif. 
 
 A. A., ivis. VII .7ir.. Tin' subjMi'ua shall ri'tjuirc the detciidaiit to a|H»ear in 
 >"ui.|M.-nat..r<-.niiic.i. Court ou a day certain, and tile his plea, answer or demurrer 
 
 fi-ii<l.iiit l<> aiilH'iiraiKl fill- .i... *i . ii .,. 
 
 i.i.a :iiinv..r..r.».iiiiiir.r. withm tliirtv (hivs ucxt attcr the day so hxed tor appearance, 
 and shall be served at least ten days betore such appearance- 
 day. 
 
 A. A .17S4 vii.-jiii ^j. If aiiv iici'son who is a necessary party to the bill, li\es 
 
 l>..f.ii.li»ti( with. .lit 111.' ■ . . . ■ . 
 
 bey<»inl the limits ot" the Stati', the c<tnnilaiiiaiit may |»ray 
 proeess ai:;ainst him, and have a rule of course fnmi the 
 liegister, to be published three months or loniz^er, as the 
 Kegi.ster may direct, accordint; to the residenee of the 
 ]>arty, retpiiriiiu' him to plead, answi'i- or demur to the 
 bill i»y a <lay certain, which iMile shall be published in 
 one of the i^ajcettes in the ("ity of Charleston, and posted 
 at the (h)or of tiie court-house, and if no appearanee be 
 entered at tlie expiration of the rule, the bill shall be taken 
 pro nmfisso. An<l the proof of such publication shall avail 
 a<^ainst the objection of the want of proper parties so far as 
 such absentee is coiicerni'd, and tin- Court may hear evi- 
 dence an<l maki' such decree as imiy ap]K'ar to be Just. 
 And if the absi'iitee has pro|i»'rly in the State in respect of 
 which ri'lief is soui^ht by the bill, such }u-operty shall be 
 bound by the decree, and dealt with as tlu' Court may 
 deeide, savinu; to such absentee the riy:]it at any time within 
 two years from the (hite of the decree to enter his defenee, 
 and claim a trial of the case. IJut after two years have 
 ela})sed, the case shall not lie opened unless upon ii,-rountls 
 of e(piity aiisiiii:; from the situation of the party, under 
 some disability, supporteil by sub>taiitial jiroof. 
 
447 
 
 If the absentee it* tlie only defendant and appears at the 
 expiration of the rnk', or at an^- time before the next term 
 of tTie C\)nrt, the ease sliall be transfernul to the distriet 
 most eonvcnient to him, and tried there at his ek^etion. 
 
 If there be other necessary jtarties, the ease shall follow 
 the iicneral rnle as to the fornm where tlic defendants 
 reside in different districts; and tlie district in whieh the 
 canse of aetion arose shall, for this purpose, be considered 
 the residence of tlie absentee. And if there be necessary 
 parties to the bill residiiiii* in the State, the publication shall 
 be in the district in Avhich the bill is tiled, if there be any 
 gazette i»rinte(l in the said district. 
 
 In cases wherein the matter in controversy docs not a. a . itim vu.^ag. 
 exceed live hundred dollars, the i)arties may proceed by 
 petition and attidavit: in which case the process shall l)c 
 by serving the opposite l>arty with a cop}' of the petition, 
 with notice to appear at a day certain, to show cause, if 
 any there be, against the prayer of the j)etition. 
 
 (//.) — riea. Answer and Demurrer. 
 
 Everv ])lea, answer or demurrer shall be filed within thirty a A..isnsvii soe.gvj. 
 
 " ' "^ Kilccl (liirty days after 
 
 days next after ai)pearance-day : Provided, nevfii/uicss, that ''I'l'^'" ■"'"'-''"">■ 
 
 •^ ^ ^ -^ ' 'A. A.. 1S08. VII. .100. 
 
 on good cause shown, the time mav be extended to any day ?!;?• "^^<'-\m >'■'•? 7 , 
 
 ~ . " .' ^ liiiio luaylx; exU-iuied. 
 
 not be^'ond the day apjutinted for docketing causes for the 
 next Court. 
 
 {(-.) — Snl)se([iicnt I*i'occedings. 
 In case of the defendant's failiiiii; to tile his i)lea, answer \- a., isos. vii. .•mr.. 
 
 1 .,. , . '^ . , , . / , g-JO: 1S40. XI. 16.1. ^20. 
 
 or demurrer, within the time provided in the subpirna, tan taken pn, o.nfr,-:^. 
 unless further time be granted by the Court, the bill may, 
 on proof of the service of the subpa-na, be taken pro roufcsso 
 by an order of the Register, which is grantable of course. 
 
 The order j>ri) ronj'tssd may be set aside at any time before. ) a., isos. vn. .w.. 
 a decree, and the defendant admitted to make Ids defence "'"dei therefor mn.vi.H 
 
 Hct jinidu. 
 
 on such terms as the Court may pi'cscrihe. 
 
448 
 
 Dt-crees on bills (ak. ii AVlu'ii i\ casi' is i>l;u-L'(l Oil i1k' (liK'kot ///'o eonfcfso, a decree 
 
 l>r<i con/uso. • # .' ' 
 
 (»r onK'i' may l»e taken on complainants motion: subject to 
 be set aside dnrinu'Tbc tci-m ui»on (Ict'endant's ]>nttinir in his 
 answer and submitting to uo to trial imnu'diatcly, it' ruled 
 so to do. 
 
 Mucu^^lu:^^ ^^'1'^'" i' 1''>1 l''!-"^ ''«-'en taken pro confcssn, it shall be in the 
 i..r..m,K.i„,.sw.i. discretion of the complainant to docket the cause for hear- 
 
 ing or to take an attachment asi'ainst the defendant to 
 compel an answer: and no previous rule re([uirinii' the 
 defendant to show cause why he should not ]>e attached 
 for want of an answer shall be necessary. 
 
 ((/.) — Testimony. 
 
 A. A.. iToi.vn iiR.j:j. The examination of all witnesses that may lie called on 
 to give evidence in the Courts of Equity, shall be taken by 
 word of mouth in open Court: subject to such regulations 
 and excejUions as the Court may, from time to time, order 
 and dii'cct. 
 
 A.A.. iTi'i.vn j-i.-^K Aii:ed and infirm persons, and persons out of the State, 
 
 ISlfi. V1.4+. g T: ls.!i>. \1. J^ , 1 ' 1 ' 
 
 411 gi.-.': 1K4II. \i. liT-and persons liviiiii; one hundred miles from court-house, or 
 
 1;iS. gS. A ir> ^ _ ' 
 
 A{fo.i iin.i infi.rn i'>>-about to Icavc tlic Statc, may 1)g examined bv commission ; 
 
 sons. i-tr. 'a/ t. ' 
 
 and testimony may be taken by the ^[aster, subject to 
 exceptions. >^ir 3Iashr. 
 
 A.A..n9i.vii.2.-!<.g.-n Wlien a witness is to be examined by commission, the 
 ^^iiix^s"'"- I'^i'ty iipplying for sucii commission shall tile interrogatories 
 
 in the office of the Register, and serve the op]K>site party 
 or liis solicitor with a cojiy. and gi\'e ten days notice of the 
 time of taking out the commission ; and if required, shall 
 produce an affidavit of the condition of the witness, in 
 respect of which he claims the right to examine by com- 
 mission. And if the parties agree, they shall name two 
 commissioners, and one on each si(h^ shall attend the 
 examination, or have notice to attend ; and ii' the parties 
 do not agree, the master shall aiijioint the commissioners, 
 one or more, in liis discretion. 
 
449 
 
 (('.) — Injniu'tions. 
 Xo iniiinction oxeopt to stay waste sliall l)o oTanted, a.a., 1721. vii. m. 
 
 '' . . ^ '' '^ '164.^3.4,6. 
 
 except on bill filed and sworn to, and two days notice wiien granted, 
 given by comjtlainant to adverse party. 
 
 Injunctions to stay waste sball be e:ranted of course by a..\.,i72i.vii,i64,25. 
 
 '' •' . . ^^ -^ To stay waste. 
 
 tbe Master or Comniissioner, on aifidavit of tlie a})pli- 
 cant that he lias been three years in the quiet and peace- 
 able possession of the lands wliere such waste is said to 
 have been coniniittod. 
 
 After a iudgnient at law, the partv who is cast in the ,.,'^v\:,\'''iy"r"^'?'= 
 action, within forty days after the udiournnicnt of the , '^" '*"•'' •'"''f^''"*'"*'' "' 
 Court, inay give notice to tbe Sheriff that he means to 
 apply for an injunction. And if .the Sheriff' has not actu- 
 ally sold the property, he sball desist; and if lie lias taken 
 the i)roperty in execution, it sliall be restored to tlie owner. 
 Provided^ that the owner do swear to his intention, to apply 
 for an injunction, and tender a Viond in double the value of 
 the property, with good sureties, to be approved l)y the 
 Master, conditioned to return the property to the Slieriff at 
 tlie end of thirty days, if he does not by that time obtain 
 an injunction. And if no notice of injunction be served 
 upon the Sheriff within thirty days from the date of the 
 bond, he shall reseize and sell the property taken in execu- 
 tion. And if the complainant shall refuse to deliver the 
 property when demanded the Sheriff may assign the bond 
 to tbe i)laintiff at law. who may bring an action and recover 
 from the obligor and his sureties the amount of the })en- 
 alty of the bond: in which action no imparlance shall be 
 allowed. 
 
 After a judgment at law, n(^ injunction to stav execution a. A..i784,vri.2(K»,?9. 
 
 1111 *" 1 1 ^ n t ' 1 • 1 1' 1 1 '''" *''*>' proi'-i'ilings at 
 
 shall be granted to tlie detendant, unless he will make oatlii=»w. 
 to the truth of his bill, and give security, to be approved 
 by the Master, for the }»aynient of the judgment and costs 
 in case bis bill should be dismissed. 
 
 Xor shall an injunction be granted to stay proceedinfirs, at a.a.. m4,VTi,2o<>.j9. 
 
 1 1 ... 1 , , .,, , f 0"«h "'" applicant n«v 
 
 law oelore judgment, tniless the party will make oath, orcossary. 
 21 » 
 
 ^ 
 
 \ 
 
450 
 
 offer an affidavit of himself or his agent to the trutli of the 
 matters alleged in his bill, and give good seeurity, to be 
 ajtiu-oved by the Master, to eomply with the decree of the 
 Coui't and }>ay the costs of the suit in case his bill sliould 
 be dismissed. 
 
 A.A.iMo. xr. 157. ?s. Injunctions granted by the Master shall be liable to be 
 Mauler u. continue till sct asulc uy tlio Cliancellor, in term time or vacation; and 
 the Master himself who granted the injunction may set it 
 aside after answer, but not l)ef()re. 
 
 After the answer has come in, tlic Master may issue a 
 two-day rule against the complainant to show cause why 
 the injunction, if gi-anted by him, should not be set aside; 
 and on the hearing of the rule, may set aside, modity or 
 continue the injunction as to justice may apperiain. 
 
 See Master. 
 
 (/.) — Returns of Guardians, Receivers and Trustees. 
 A.A..i84o,xMo9,gu. All Guardiaus, Receivers and other Trustees that are 
 
 Annual Accounts of 
 
 naardianB, Kocoivors.ctc.ijeld to accouiit ])efore tlic Mustcr shall, annually, make a 
 sworn return of the estates in their hands, and attend and 
 verify tlie same with })r()per vouchers. 
 Sec Master. 
 
 lb. If any Guardian, Receiver or Trustee shall, after due 
 
 notice, fail to make his returns, he shall be liablr to be 
 treated as a defjiulter. 
 
 Ji'-iw- When any such Guardian, Receiver or Trustee becomes 
 
 InBolvnncy of Oiuir- "^ ^ i • i i t 
 
 rfiann, etc. insolvcnt. Or any of the sureties on lUs bond dies, removes 
 
 from the State or becomes insolvent, the Master shall 
 require him to give additional security, or lay him under a 
 rule to show cause why sucli additional security should not 
 ])e iriven, and the rule to show such cause shall be served 
 as rules to show cause where no returns are made. 
 
 Upon the return of such rule, if no sufficient cause is 
 shown, the C'ourt shall order additional security or revoke 
 the office and authority of the Guardian, Receiver or Trus- 
 tee. 
 
451 
 
 In takins; accounts of Guardians, Receivers and Trus- ^^•.^. 
 
 ~ ' Securities to hv |ir<>- 
 
 tees, the securities for moneys invested sliall be produced ; ''"''^'^• 
 and all nione^'S for which good securities are not produced, 
 shall be deemed as moneys unaccounted for. And all 
 moneys lent to the Guardian or Trustee, or secured by the 
 Guardian or Trustee's bond, shall be considered moneys in ^^ 
 the Guardian's hands, and the Court shall order all moneys 
 in the Guardian's hands to be paid into Court, to be laid 
 out under the direction of the Court. And any Guardian, 
 Receiver or Trustee, who may neglect for the space of one 
 month to pay into Court funds so ordered to l)e paid in, 
 shall be liable to be attached for a contempt. 
 
 {(-/.) — l^ccrees. 
 
 Tlie Chancellors shall cause the principal facts and rea- a. a., i-oi, vn. -mi. 
 sons on which they found their decree in each cause to chanccuorf. to giv^ tb.^ 
 
 . , . - fftctsand reasons on which 
 
 appear upon record; and the orders ami decrees ot a Chan- decrees rest. 
 
 ,, . . . . , A.A..1808.Vn.304,?3. 
 
 cellor sittmg on circuit when not appealed from, shall have Decrees <.r a ciianceiior 
 
 "-_ ^ ^ ^ not ai)))eal(;(i fruui to have 
 
 the same eftect as decrees of the Court of Appeals. ti.o same eiT«t a,M decree 
 
 ^ A of Court of Appeals. 
 
 I 
 
 (A.) — Appeals. 
 
 In all appeals from the decree of a Chancellor to the A.A.,i8os.vn..305.^5. 
 Court of Appeals, the appellant shall state in writing the '^"•"'''f court. i Des. 
 grounds or reasons on which he relies for his appeal, and 
 give notice to the opposite party within fifteen days from 
 the intimation of the filing of the decree. 
 
 An appeal may be docketed immediate^, and heard at a. a., is.3.5. vii. xm. 
 the same Court, on giving four days notice to the opposite Appeal may be doch- 
 
 , etoil and heard immedi- 
 
 party. ately. 
 
 (?'.) — Final Process. 
 
 In all cases where payment of money is decreed, it shall a A..i785.vn,2n,^i. 
 be lawful for the party to wliom such payment is to be dc^efs.' """'""' ™'"" 
 made to enrol the decree, and sue forth either the usual 
 process for compelling performance of the said decree or 
 a writ, in nature a Jieri facias^ to make tlie estate, both 
 real and personal, of the party by whom such money is to 
 
4r,2 
 
 }io J "aid. liaMo to satisfiictiiMi thereof in the same manner 
 as oji a jiulirnient and execution of the Court of Common 
 Picas: and the Sheriff of the district in whidi tlie estate 
 levied upon lies, shall have the same ]»ower and authority 
 to sell and convey tlie same, as on a writ vt' ficn fniins, anti 
 he entitled to the like fees for the execution thereof 
 
 A.A.. ih*j.xi.ia3.ji9: IJut uo sucli wHt shall i>suc. iioi" shall any decree as to 
 i)«rM- enroiiou. third parties, without express notice, operate as a lien until 
 the decree is enrolled. 
 
 lb. A dccn-o may he eni'olled at any time within a 3"ear and 
 
 a day after it is made in eciuity. 
 
 lb- The enrolment shall consist of a hrief or abstract setting 
 
 out the title of the cause, the nanfes of the parties, the 
 dates and contents of the pleadinurs, together with such 
 other particulars as ma}' he necessar}- to identify the said 
 abstract with the cause, and exhibit the tri'onnds for makiuir 
 the decree. The said abstract slndl be wi-ittcn on bill 
 paper: and the I^ci^ister in Equity shall annex to it an 
 exact certified copy of tlie final order or decree, with the 
 time ^\hen it was made and entered, and shall endorse 
 thereon tlie day of the month and year when the same 
 Avas lodi:;ed in his otRce. The enrolment of such a decree 
 shall not deprive anj party thereto of the right of appeal ; 
 and where notice of appeal is duly given the said writ 
 of //. fa. shall be lodged only to i)ind, unless otherwise 
 ordered. 
 
 (y.)_C0Sts. 
 
 P. L. 96.J23. (Not in Complainant dismissing his own bill, or suffering it to he 
 
 OooDcr. \ 
 
 c..stM in ouic Complain. Ji^jiHiissed for want of ])rosi'cution, shall pav to the defend- 
 ant (lisIlliKKCN llif <IW(I Mil ' 
 
 ormimrKltt..b.-.liiiii-MMl mj^ IjJ^ {\i\] eOStS. 
 for want of |irii8triiliMii. 
 
 A.A..iH24.vn.32fi.?in. The costs of every suit in K(ihity for the partition of an 
 titVmun(\VrT»Vn,!'uI" estate under the value of two thousand dollars, shall be one 
 
 and dollnrH. i i .• c 4I I . 
 
 liall ol tiie usual costs. 
 
 A.A.,i82i.vn,.3i).j8. No Mastcr, Commissioner or Register in Equity shall 
 receive more than ten dollars for all his duties connected 
 
453 
 
 with the appointment of cruardians, or for all his duties 
 upon an}" petition, unless an actual sale of pro]ioi'ty should 
 be made by him in consequence thereof, when the usual 
 commissions on sales may he charii'ed. 
 
 And no Master or Commissioner shall take any com- A.A..iK'2i.vn.324,?9. 
 
 No commissions lUlowed 
 
 mission on sales of i)r(»i»ert\- not actually made: hut when '•"f"'<'s»"fnitV;'"y™Jl^'^' 
 
 ' ' • _ _ • A. A., 1827. \ 1, 335, { 2. 
 
 ordered to make titles to carry into effect a contract made . 
 between the pai'ties themselyes, he shall receive a fee of 
 three dollars, and no more. 
 
 The Court of Eirors shall eoiisist of all the Judires of A.A..iso6.vu.3-to.34i 
 
 . 1.1 . A ' 1 1 <>V. 8: 1859. Xn.768. 86. 
 
 Law and Equity, and ot the ( ourt ot Appeals, and the to consist of whom. 
 Chief Justice sliall ju'cside. 
 
 IV. — Court of Krrors. 
 
 The Court of "Errors shall haye Jurisdiction of all quos- .imisdiction. 
 tions of constitutional law arising' under the (\)nstitutioii 
 of this State or the Confederate IStates, and of any other 
 question tluit may Ijc referred to it by any two of the 
 Judges of the Court of Appeals. 
 
 The Court of Errors shall be conyened by the Cliiel' wi.en convened. 
 Justice or presiding Judge of the Court of Appeals, when- 
 ever on the hearing of a cause in the Court of Appeals 
 any two of the Judges may deem fit to refer to it, a case or 
 question in litigation before them or a constitutional ques- 
 tion may arise. 
 
 The decision of a majority of its members shall be tinal. lu-cision. 
 
 V. — Court of Appeals and Officfrs coNNErTKi* thfrf- 
 
 WITH. 
 
 The aintellate jurisdiction in the last resort, both in law a. A..i8.59..\n,758,ji. 
 
 * ' •' _ _ .indges. 
 
 and equity, shall be yested in the ('ourt ol' AjipenN. which 
 shall consiHt of the Chief Justice and two associate Jus- 
 tices, to be styled the Judges of the Court of Appeals. 
 
454 
 
 Thev sliall bo cliosen hy joint balh^t of the Lo<:;i^laturc, 
 and eoniinissionetl \)\ tlie Governor (lnrin<r irood lioliavior. 
 
 If any ,ln»l2:o of Court of Appeals be absent, from sick- 
 ness or casualty, tlie presiding Judge may call one or more 
 of the Circuit Judges or Chancellors to take the place for 
 the time being; and it shall be the duty of the Judge or 
 Chancellor so called on to attend and sit accordingly. But 
 no Circuit Judge or Chancellor shall be taken from his 
 regular circuit thus to sit in the Court of Apjieals. 
 
 The Court of Ajijx'als shall sit twice at Colunil»ia and 
 twice at Charleston in every year, and lix the time of 
 sitting. But it shall never hear aj)peals in Columbia from 
 any cireuit while tlie Courts of that cireiiit are in session, 
 n(»r ill Charleston whilst the Circuit Courts from which 
 appeals are taken to Charleston are in session. 
 
 A. A.. 1843. xi,254.?i; All appcdls tVoui tlic districts of Georgetown, Tforrv and 
 
 1859. XII. 758. 3 4. /,i , 1 i n i i i r^^ ^ ^ i ,. " ii 
 
 Appeals. Where heard. Charleston, sliall be heard at Charleston; and trom all 
 other districts in (^olumbia: but by consent of parties, an 
 a]»peal from any district may l)e lieard at either place, pro- 
 vided it does not interfere with the regular docket. 
 
 A. A_l«.0y.XII.7.>. 
 AtMfDce of Judge. 
 
 Proviso. 
 
 A. A.. 1869.758,? 1. 
 MoMions. 
 
 A.A..i859.xir.759.()'-. Tlic Coui't of Appcals shall iiiake all such rules and reg- 
 
 Mav ostabliKh rules , . , • , ii> i ■ , 
 
 •nd regulations for Conn uiations as mav l)e iieccssarv to carry into etieet its pro})er 
 
 of Appeals. .. ai ic •' • ii*i 
 
 For Circuit c.juru. autiiority. AiKi iiuiv also, irom time to time, estaluish or 
 
 For Court of Errors. !•,• "^i i /• "• • • • i i • i 
 
 modny the rules ot circuit practice in law and equity; and 
 may also frame and publish rules of procedure and prac- 
 tice for the Court of Errors. 
 
 A. A..184.-5. XI. 254. ? '-' Tlic Judgcs of tlic Coui't of Apjieals may order adjourned 
 
 Kxtra Sessions. i ^ o • x- xi • /- 1 ■ i ' i- 2.^ 
 
 and extra Sessions ot tlieir ( ourt, wlicii necessary tor the 
 dispatch of business. 
 
 A. A., 1842. XI. 223, 2 .'^1. 'Tlicy sliall jirescribc the particular lime when the busi- 
 
 Timo for liusincss of ' , ^. • t ^^ i i i • i r> 
 
 «ftch Circuit ness ol each Circuit shall be taken up, and notice tiiercot 
 
 shall be 2:iven for the ])enefit of nil concerned. 
 
 A. A., 1811, vii, 31J. riiev. at tlieir moetinijs lor the heannjj: ot motions for 
 
 ^3; 1816, VI. 31.? 1. : °. . 1 • "^ 1 1 
 
 RcasonH for judgment iicw tnals, aud 11) aiTcst oi iudgmeiit and in such f)ther mat- 
 to be given in writing. .ii.'i' i • i- 
 
 ters as may be laid betbrc them, shall give their reasons in 
 
455 
 
 writing for the judgments pron^ unced by tlioin, but shall not 
 bo obliged to give separate opinions. The opinion of tlie 
 Court may be written by one and signed by those who eon- 
 cur; and, witli such a report oi tlie case from the C'lrcuit 
 Judge as may be necessary to give information of the 
 points -.decided, tiled with the Clerk or Register and re- 
 corded by him i]i proper books. 
 
 Librarian of (he Couri of Appeals. 
 The Librarian of the Court of Appeals shall be appointed A.A..m8, vi,f.s>4. 
 
 ■■^ ^ ' i Appointment. 
 
 by the Judges of the said Court, and shall be removable at 
 their pleasure. 
 
 Tlie sum of two hundred dollars is ai>[tro})riated for the tu. 
 annual salary of the Librarian, for tlie term of twenty '"'''"•^' 
 years. 
 
 Clerks and Messengers of the Court of Appeals. 
 
 Clerk. 
 
 The Judges of the Court of Appeals shall have the power a. a.. is27. vii,. xiz. 
 and authority to appoint Clerks for the Court of Appeals Appointmenu 
 at Columbia and Charleston, who shall attend the sittings 
 of the said Court, and discharge all the duties of the 
 office, and be removable at the pleasure of the Court of 
 Appeals; and during their continuance in office shall re- 
 ceive an annual salary each of three hundred dollars, in 
 lieu of all other charges against the State, as well for 
 attendance in office as for copying pa}»ers i'oi- (he State 
 Reporter, 
 
 The consultation room of the Court of Appeals at Col- ib.. h- 
 umbia shall be the office of the Clerk of the Court of Ap- 
 [leals in Columbia; and a room in the tire-proof offices in 
 Cliarleston shall be assigned to the Clerk of the Court of 
 Appeals in Charleston, by the Commissioners of ]'ublic 
 Buildings. 
 
 The said Clerks of the Court of Appeals shall not be a.a.. iHJ7,vii,3»2,ir, 
 allowed to make any charge for a certiticate of the result of ""■^'"- 
 
456 
 
 a case on the appeal docket, l)nt tliev sliall be cojnpelled to 
 certify the same without charjje, and transmit such certifi- 
 cate to the Clerk of the Circuit Court from which the appeal 
 comes, as soon as the case is determined. For coiiyinir the 
 opinions of the said Court, thev sliall be allowed tlie usual 
 charge per copy sheet. *" 
 
 lb..f7. 
 
 MemcnKRr. 
 
 MesscBger. 
 
 The said Judges of the Court of Appeals shall have 
 power and authority to api)oint a Messenger for the Court 
 in Charleston and a ^lessenger for the Court in Columbia, 
 who shall discharge such duties and execute all such orders 
 as may be assigned bini by said Court; which Messenger 
 shall be removable at the i»leasure oi' the said Judges ; and 
 during their continuance in otHee, shall each receive an 
 annual salary of one hundred and fifty dollars in lieu of all 
 charges against the JState. 
 
 State Reporter. 
 
 A IState Reporter shall be elected by Joint ballot of both 
 )uses of 
 four vear:^ 
 
 A. A.. 1M5. XI. 342. 
 
 Term'?.f'omfce. houscs of the Gcucral Assembly, and bold -his office for 
 
 lb., i 2. 
 Duties. 
 
 It shall be bis duty to print and publish, in \'olumes of 
 convenient size, such decisions of the Courts pf Aj^peals 
 and P]rrors, made during his term of office, as the Judges 
 may direct, and such others as he may deem important. 
 He shall attend, in person or by dei>uty, the sittings of the 
 Coui'ts of A]ipcals and Errors in Columbia and Charleston, 
 and rei)ort such arguments and statements of facts as nuiy 
 be necessary to a con-eel understanding of the'decisions of 
 the said Courts. 
 
 11... ^o. 
 
 Ralar.v. 
 
 lie shall receive an nnnunl snlary of iifteen hundred dol- 
 lars: Provided, tliat he sliall be entilled to one-half only of 
 said salary if the publication of the law cases shall be de- 
 layed beyond six months, or the equity cases beyond twelve 
 months from the termination of the May silting of the 
 Court of Appeals. 
 
467 
 
 Vr. — Juries. 
 Tlieii" l*owcr and Dignity. 
 No free man of this State sliall l)e taken or iniiti-isoned. eonstiunion so. ca.. 
 
 ' Art. IX. <(■-'. 
 
 or dissiezed of liis froeliold, liberties or privileges, or out- ^ M;'K'<"^'"""fa c"*!' 
 lawed or exiled, or in any manner destroyed or de})rived 
 of his life, liberty or pi-operty, l)nt by the judgment of his 
 peers or by the law of the land. 
 
 The trial by Jury, as heretofore used in this State, sludl ^'■'•'j*^'.*^'*'-'" »"• C'^- 
 be forever inviolably |)reserved. 'jviai i..v.iui-.v. 
 
 Tlieir Qualitieation. 
 
 , Every person entitled by the Constitution of this State ^in.;:,'i';'^'^"-''-*- 
 
 to vote for members of the General Assembly, who is rated Q"'^iifi^'»«i'>"- 
 
 to the support of the government of the State, and has paid, 
 
 the year preeediug the sitting of the Court at which a new 
 
 Jury list shall liave ])een made, a tax of sixty-three eents 
 
 for property lield in his own right, shall be eligible to serve 
 
 as a Grand or Petty and Common Pleas duror: but no kud.v 11.291. 
 
 person shall be liable to serve out of his district, and an 
 
 un(jualiiied person may be challenged and set aside for 
 
 want of qualitieation, notwithstanding the Tax Collector's 
 
 certificate. 
 
 Old, men, above threescore and ten years, shall not be put |..,I' ' ■ ^''''- 'i-^''^ 
 on Juries. 
 
 I. 
 
 Ulil men. 
 
 No Juror, attainted of taking of reward or ^iromise ol' 1.426. .-i k.i.s. c 10. 
 reward of cither i»arty for finding his verdict, or convicted 
 of any stignnitical offence, shall be jiut ujion any dury. 
 
 .Exemptions. 
 
 The following ])ersons are exem])t from serving on 
 JnHes : 
 
 Judges or Assistant Judges in any of the Courts of this a. .v, 17.^1. iii.27«. 
 State. 
 
458 
 ,-;^•^.•.''-^".'.^^*"?.•. Members <»(' the (uMieral AssemMv and otticovs of any of 
 
 liOl, III. i29: liOi.M. • 
 
 *^- tlie Courts of Justice iliuiiin- the time thev shall be mem- 
 
 Ijers, and (hiriiiir tlieir lonliiiuaiiee in such ottiees. 
 
 A. A.. 17SM. VII. Ml : Also, tbe Mayor and Aldermen, City Treasurer, City 
 'AiicrJd. ■ r^iieritf. Marshal, City Keeorder, Clerk of tlie City Couneil 
 
 and Clt'ik ol' the Cily Court of the City of Cjiarlt'stcui. 
 
 A A.. 1S17. VI. TO. Also, the following officers in the ('ustom House, Charles- 
 
 ton : one Collector, one Kaval Officer, one ISurveyor, two 
 export Inspectors, two import Inspectors, one AV^eigher, one 
 (iauger, one Measurer of Salt and Coal, one Boarding Offi- 
 cer, and one Store-keeper ; and h certificate of the Collector 
 that the i)erson summoned as a Juryman is one oi" the offi- 
 cers above exempted, shall be sufficient to excuse him. 
 
 1828. VI. 381. w^^y^ (■ollectors of Toll and J.ork-kcepers on public 
 
 Canals. 
 
 1822. VIIL3S1. Also, the l.'resident8. Cashiers and Clerks ol" the Bank of 
 
 the State of South Carolina and its branches. 
 
 1S44. xi,308. Also, all Branch Pilots of* the bar and harbor of Charles- 
 
 ton, iuinished with a license by the City Council of 
 Charleston. 
 
 Oi'ganization. 
 
 , -A.- A", ',;•?.'■• JF- ,?^?/ Juries shall be drawn by lot from the taxable, iidiab- 
 ,^«'--';«.,u't^'L";if' itants of the several districts. For this i.uriyose the Tax 
 Collector of every district or parish, at the rr([uisition of 
 the Shcriir of ili*' distrid. sliall rui'iiish (Mu-c in every three 
 years a true cojiy of the lax returns of his district (»r jiarish 
 for the ])receding year, which returns the ShcriH" shall sub- 
 mit to the Judge a1 the beginning ol" the term. And the 
 presiding Judge shall at the same term cause the returns 
 to be carefully sci-utinized, and lists prepared of all persons 
 who j>aid a tax the preceding year of sixty-three cents or 
 more and arc (jualitied to vote for members of the (Jeneral 
 Assembly in that district — discriminating between those 
 who live beyond and those who live within live miles of 
 
459 
 
 the eonrt-hoiise in the several coiiiitrv districts and in 
 Charleston district — between those wlio live witliin Wards 
 Nos. One. Two, Three and Four in tlie city and those who 
 live beyond those limits anywhere else in the district. 
 
 And the names of all persons in the list of tax r'^yers^_A.A;.j7:ji.ni.274._iy^^^ 
 qnalilied to vote, as aforesaid, shall be written on snudl vii.-joi.'??. 
 slips or pieces of paper or parchment of eqnal size and of 
 the same color : and a box shall be prepared divided into 
 four separate divisions, and on the cover of eacb division 
 shall be written its nnnd)er: one, two, three, four; ajid the 
 sli])s of paper containing the names of all persons living 
 five miles from the court-honsc in the conntry or out of the" 
 four wards of the city, as aforesaid, shall be put in No. 
 One, and all the others, being talcs or talesmen, in box No. 
 Three. 
 
 And before the sitting of the Court of Common Pleas a. a.. mi. in. 27:..?:!; 
 and (u'ueral Sessions in every district, twenty-four (Jrand 
 ,Iui-oi-s and forty-eight Common Pleas and Petty Jurors 
 shall be drawn from division No. One, to serve for the en- 
 suing Court; and in like manner sliall Common Pleas and 
 l*etty Jurors and Grand Jurors, if so ordered, be drawn for 
 any special Court. 
 
 A. A..i7:;i.ni.27;V2::. 
 And neio. 
 
 The Jurors shall be dra^ii by a child under the age of 
 ten years, in the presence of the Clerk and iSheriif of the 
 district, on the Monday after the returp-day of the Court, 
 and public notice of such drawing shall be given by beat 
 of drum at the court-house door in the country and in four 
 of the most public streets in Charleston. 
 
 The names of the persons drawn shall be entered l)y A.A..i73i.in.27:>.?4; 
 
 ,1 /,i 1 1 • X ^ 1 1 ■ 18Si). XI, 1015. a 1(1. 
 
 the CMerk as drawn, in two separate panels or columns, in 
 the Sessions journal and in the Common Pleas journal : the 
 ( I rand Jury in one jianel or column and the Petty and 
 Common Pleas Juries in the other; and the Clerk (^]\n\\ 
 annex to the writ of venire a transcript of both panels; 
 and in the mandatory part of the writ shall insert the 
 words "the several persons named in the panel to this writ 
 annexed;" and the writ of venire sliall be delivered to the 
 Sheriff to be served. 
 
460 
 
 A. A.. 1731. III. 
 
 «•■'• After siuli (Iniwiiiii: is over, the pieces of paitei' or slips 
 coiitainiiijf tlie names of the persons tlrawn sliall be phieed 
 ill box No. Two, to he thence drawn when all the names in 
 No. One have been (h"awn out and transferred to No. Two; 
 and as tlie names in Xo. Two ai'e drawn, thev shall be re- 
 turned to No. One; and so the contents of divisions one 
 and. two sliall be drawli stni-cs^ivcly and altcrnati'ly from 
 Court to Court. 
 
 III.. 27K.il ii. 
 1«39. .\I.4H. i4h. 
 Altered. 
 
 A. A.. 1731. lil, 27 
 12: 1839. .\1. 49. g 45. 
 Altered. 
 
 The Slicriff shall .serve the writ of venire by delivering a. 
 summons in writing to the party, expressing tlie day and 
 hour and the ]ilaoe and Court at which he is to appear, 
 and the penalty for default, and wliether to serve as a 
 (irand or a Common Pleas and Petty diiryman; or by leav- 
 ing such summons for him at his place of residence in the 
 district one week before tlie sitting of the Court. 
 
 And the tShorift" shall make, a due return of the writ c)f 
 venire on the lirst day of the C'ourt, and in such return 
 shall specially and distinctly sot forth the names of all such 
 }»ersons as he hath summoned by virtue of such writ, and 
 the time wlieii such summons was served, and wlicthci- the 
 service was in person or by summons left ; and also the 
 names of the persons not served, and the causes why: on 
 pain of being grievously amerced; wdiich return the {Sheriff 
 and his deputies, or one or more of them as the case may 
 require, sliall make oath. 
 
 And ill case above the number of twenty-three persons 
 of those summoned as Grand .lurors ap})ear at the call of 
 their names, the names shall be put in a hat or liox, and 
 the iirst twcnty-tlircc jtcrsonsthat shall be di-awn by a child 
 under the age of ten years, in the )>resence of the Judge, 
 shall serve as Grand Jurors at that Court. 
 
 g7. 8.10: 1791. vn. 273, Aiul thc iiaHies oi' the persons summoned as Common 
 
 it};1798, VII. 2>>t3. g8. ' , . 
 
 Pleaft and J'etty Jurors who appear, shall be put m a hat 
 or box, and out of the names of the persons so summoned, 
 the presiding Judge shall cause two full Juries to be drawn 
 in his presence, by a child under the age of ten years, to 
 serve at all trials during the term. And in case any of tlie 
 
461 
 
 said Jurors be challeTig:ed and the challeno-e allowed, or 
 absent themselves or neglect to appear after being drawn, 
 other Jurors from the number of those served shall be 
 drawn to till their places. 
 
 But in case a sufficiency of Jurors, drawn and summoned a. a., nsi. m, twi. 
 
 n • T -I . ■ i1 T 1 ? 27: 1789; VII. 252, ?S. 
 
 as atoresaui, do not appear, or in case the Jurors so drawn 
 and summoned afterwards absent themselves, or be chal- 
 lenged and the challenge allowed, so that there be a defect 
 of fFurors-, then a sufficient numl)er to supply the deliciency 
 shall be drawn out of division No. Three, to attend im- 
 mediately; and the persons so drawn shall be summoned 
 foi"thwith, and 1)()und to attend and serve as tales without 
 delay. 
 
 And in case of Juries being ordered for any special occa- A.A.,i73i.in.28o.?2?,. 
 sion by a Judge, or by Justices of the Peace, for the trial 
 of any controversy between landlord and tenant, or any 
 controvers}' growing out of an insolvent debtor's petition, 
 or any inquest of office, inquest of forcible entry and de- 
 tainer, or other special inquest or trial, such Juries shall 
 be drawn iy the same manner as hereby directed, by a 
 child under the age of ten years, from JSTos. Three and 
 Four, alternatelv. ; 
 
 II... 277.214 
 
 The names of all persons di-aAvn out of the se^•eral divis- 
 ions shall be drawn in succession ; the names drawn from 
 division No. One shall be placed in division No. Two; 
 and when drawn again from division No. Two, shall be 
 re[)laced in No. One. The names drawn from No. Three 
 shall be placed in No. Four; and when drawn again from 
 No. Four shall be placed in No. Three : so that no one be 
 drawn out of his turn. 
 
 And ii" the iSheritf or his deputy . :iall summon any per- ib..27s.H6 
 son as a duror, whose name is hot in the pannel annexed 
 to the writ of venire, or return any person as summoned 
 who lias not been in fact summoned, the presiding Judge 
 may in a summary -way examine into the matter, and set a 
 tine upon the offender of ten dollars: which fine n>ay be 
 enforced by an attachment for contempt till jtaid. 
 
462 
 
 . *■ ^-.'"i^^. \}1- ?■?■ It sliall l>c tlie dutv of the prosuliiitj JiuWo in the several 
 
 i'£i; \'VZ. ill, J)*>. l-i; • • I— r-' 
 
 iKB. VI. ise. 1 3. Circuit Courtfi, to see that a new .Iiirv list bo loruicd at 
 
 tlie eiul of every third year; and when thovtinie to provide 
 for a new Jury list has come, the presiding .ludire, l»y rule 
 of Court, may order the Tax Collectors of the district to 
 furnish the Sheriti', by a day certain, with tlie names of all 
 the inhabitants within their several jurisdictions who arc 
 rated tf» the supjtort <'l the irovcrnincnt of the State, and 
 have pjiid a tax durinu; the preccdini; year, and the aInoun^ 
 to whi<-h each individual is rated : discriininalin<r between 
 tlie talesmen and others : and if any Tax Collector shall 
 fail to comply with such rule, he shall be liable to punish- 
 ment for contempt of Court or to indictment for a misde- 
 meanor and loss of office. 
 
 A. A.. 17S1. MI. JTO. The .lury box or chest, containing? the divisions for bold- 
 Aitorod by rimiigc- of juor thc nauics of tlic Jurors. shall ha\e tw<» several locks 
 and two several keys, ()ne key shall be ke]>t by the Mier- 
 ilf. and the other l»v the Clerk ot" the district, and it shall 
 never 1)e oj)oned, n(U* shall any .lury e\er bi' <lra\vn or 
 empanelled, but in their presence. 
 
 f 
 A. A.. 1VJ5. VI. 4«irt. In St. riiilip's. and St. Michael's, the Board of Mau^is- 
 trates are authorized to procure from the C'ity Treasurer a 
 list of slaveholders and freeholders within the City oi' 
 Charleston, and fi'oni those names to draw the duries in 
 cases within their jurisdiction, out of a box kejit for that 
 purpose with two apartments: No. One ami No. Two; into 
 which divisions the names of tlu' Jurors shall be juit and 
 again drawn out. alternaiely. 
 
 \. A. isiv VM, 320. When an cxti'a Court is onlcred by any dmlsre to des- 
 ^' *' patch the unfinished business of the C'ourt in any district, 
 
 he sliall order Juries to be drawn for such extra Court in 
 proper time. 
 
 A.A..i;3i.vn.'.'7y.2Ri. All challeiiii-es and exceptions to Jurors shall be allowed 
 and admitted as an- allowed by the laws of Great Jiritain, 
 except the chalU'nire to the array, in resjiect of partiality, 
 affinitv or consanguinity of the Sheritl' or returning otKcer. 
 
463 
 
 No iierson arniic-iicd for anv petty treason, murder or,/-'SJ'^~' "• "*'^^- ^-^ 
 felony, sliall be lieneefM'th atlniitted to any pci'eniptory 
 challenge above the nnnilier of twenty. 
 
 In criminal trials, no ehalleni^e shall be allowed to the a n i.w, 33 e-u. i. 
 
 ' ~ cap. 4. IliO-lU. 
 
 State except for cause. But he that prosecutes for the State 
 may oliject to any person on the panel, without showing 
 cause, at the time ; and the call of the Jury shall proceed till 
 the pannel shall be exhausted: and then if the Jury be not 
 full, the Juror who has been set aside, shall be sworn, unless 
 the i)rosecutor show sufHcient cause for his exclusion. And 
 the State shall have the same privilege in the trial of cases 
 not ca})ital. 
 
 Xo indictor shall l)e i)ut in inquests tipon the deliverance ^^a.. 1:12. n. -inti, 2.^. 
 1 . 1- P ^ 1 • Kd. 3. c. 3. 
 
 ')t the indictees of felonies or trespass, if he be challenged 
 for the same cause by him \\-hich is so indicted. 
 
 ■ In all civil cases in which a Jury shall be eni])anelled, a.a..i.sh..\i. 154. 
 
 and before they be charged with the trial of the issue, 
 
 each party shall have the right to challenge, without cause 
 
 shown, two of the Jury so empanelled; and in all criminal 
 
 cases in the Court of General Sessions, wherein challenge 
 
 without cause is not allowed by law, the defendant shall 
 
 have the right to challenge, without cause shown, two of 
 
 the Jury before they are sworu to try the traverse; and the 
 
 places of the Jurors so challenged shall be supplied, first 
 
 from the original [)anel. ;ni<l if it be exhausted, from the 
 
 tales box. 
 
 Tlie Clerk shall administer but one oath to each Juryman a. a.. i7D7,v,3o;i. 
 in the Court of Common I^leas, to tiy all causes which shall 
 come before him for trial during the sitting of the Court. 
 
 The Jurors, Grand and Petty, shall receive compensation a. a., i858, xn. 7*1. 
 for their service at the rate of one dollar and fifty cents 
 per day, and five cents per mile for travel in going and 
 returning. 
 
 Immediately after the adjournment of any Court of Com- A.A.jRso.xi.ion.ju: 
 
 I,. 1 A, , r, . , ^„ , , ,, , IH1«,VI.29;1824,VI.23N. 
 
 iiion rieas and General Sessions the Clerk shall make out 
 
464 
 
 ami (lolivor a certificate of tlic nainc, liuie <>i" service, and 
 unioiint due eacli .Iur<»r, and tlic term at which the service 
 was jicrformed : wliich certificate slnill be payable at the 
 Treasury of the rpper or Lower Division on d^'mand. and 
 Hljall be received by any of the Tax Collectors in payment 
 of JState taxes. iSce Clerk. 
 
 .\..^..1Tw.vll.2!>l.J^: Anv .Inror wlio sliall iieirlect lo appear and servi', when 
 
 IK.:. \l l..,( » II -v • 1 " 1 11 ,. .. • 1 
 
 le_:rally summoned so to do, shall lorleit and pay a sum not 
 exceeding twenty (kiUars, and seven [icr cent, on his general 
 tax for the year previous, unless lie shall show good cause 
 of excuse npon oath, at the next sitting of the Court ; and 
 such fine shall be recovered l)y a .■achx faciuif is^jued bv the 
 Clerk of the Court, and shall be for the use of tlic Commis- 
 sioners of Pultlic Buildings for the district. 
 
 A. A. 1R03. vn. 13(1. Any jierson drawn as a Tctty and Common I'leas Juror 
 for Charleston district, wlio shall make default, shall be 
 liable to pay a fine not exceeding fifty dollars or und(jr 
 twenty dollars, and seven per cent, on his general tax for 
 the year preceding. 
 
 A. A.. 1R18. VI. a-.. Any member of a duiy whidi may bo adjourned from 
 
 one week to the next, according to law. who shall refuse or 
 neglect to attend at the \)]iwo and time lo which the Jury 
 stands adjourned, sliall be liable lo the penalties imj^osed by 
 law on Jurors making default or i-efusing to servt'. 
 
 A A. iwavn.ii9.ji. Ill Charleston district, Common I'leas and; Tetty .liirors 
 shall lie (li-a\\ii for llie st'Vi-i'al weeks of which tlu' term 
 consists ; and no el ui"v eonqiellcd to sit longer than one week, 
 
 AM. IMS \i 9,?, and a venire shall issue foi- e\'ery week of the term. I^ut if 
 a ti'ial be not comlnded during the wei-k in wliieli it 
 commenced, the Jury empanelled to try the case shall not 
 l>c discharged at the end of the week, but respited till the 
 next week, and continue till the trial is ende(h The same 
 law is extended to the City Court, and every district in 
 which the Juries are summoned for om' week only and the 
 term consists t»f more, 
 
 A. A.. i«ni. vn, .Til; All }ierrtons possessing the qualilicalions prescribed for 
 ^'^wii.Vih.hwrt,. horve in Jurors by the law of the State, usually resident in the City 
 tho City Curt. ^^ Cliarfcston, or who shall have resided there four months 
 
465 
 
 before being summoned, shall be liable to serve as Jurors in 
 the City Court, provided such persons be iu the city at the 
 time of being summoned. 
 
 If any Clerk or Sheriit' shall, at any time, neglect to^A.^A^mo.xr.so.n-^' 
 draw a jury as required by law, lie shall forfeit the sum of 'AitBred. 
 one thousand dollars, to be recovered by indictment, in 
 which uo traverse shall be allowed, for the use of the 
 Commissioners of Public Buildings. 
 
 VIL — Ordinary. 
 
 I. — Mode of Appointment and Qualification. 
 Election and term of office. 
 Vacancies. 
 Bond. 
 Oaths. 
 
 • « 
 
 n. — Powers and Duties. 
 
 Ordinaries as now elected to have tJie powen 
 
 of former Ordinaries. 
 Summons and commissions. 
 Not to practice in Courts. 
 Certificates. 
 Appeals. 
 Office hours. 
 Seal. 
 
 Books to be kept. 
 Manner of filing papers. 
 
 III. — Penalties for Official Misconduct. 
 
 Responsibility for books and papers. 
 Extortion. 
 
 I. — Mode of Appointment and Qualijicaiion. 
 
 There shall be in every Judicial district an Ordinary for a A.,i794,Tii.2M.ifs. 
 probate of wills, letters of administration, and the auditing 
 30 
 
466 
 
 of the aocoimtss of executors and administrators, and other 
 such dnticB. 
 
 ra^'tior;;Yt^inf'of If^' =^^'''1' ''*' ^'l*'*'!^'"^ ^v tlic persons in each Judicial <lis- 
 
 "*" trict, who may be entitled to vote for members of the 
 
 •General ARscnd>ly. and hold his ofliee for four years IVom 
 
 the time oi' his ([ualitication, and until a successor is elected 
 
 and (^uaiilicfL A^ to mode of Election, Sec Ehrtions. 
 
 A. A.. 1839. XI. 11.1. ? 39. "NVlieu a vacancy by death, resio-nation, or other casualty, 
 occurs in the office of Ordinary, in any district, the Clerk 
 of the district shall take charge of tl>e said office and all 
 pajieri^ therein, and discharge the same duties, receive the 
 same fees, and be subject to the same liabilities as by law 
 provided for the Ordiiuiry, until an,Ordinary shall be elected 
 and qualified Ibr surh district. 
 
 A. A.. ik:». \i. ;(7. j7: Evciy pcrsou clccted to the office of Ordinary, before 
 xxi.-r.vo. being commissioned or entering upon the duties or his 
 
 office, and within thirty days of his election, shall give 
 bond, witli sutHcient securities, to the State of South Caro- 
 lina, in the following sums, viz: The Ordinary i'or CUiarles- 
 ton district, in the sum of twenty thousand dollar^;; for 
 Spartanburg district in the sum of fifteen thousand dollars; 
 and the Ordinary for the several other districts, in the sum 
 of ten thousand dollars. 
 
 I1...J22. No person holding the office of Ordinarv shall, during 
 
 Not to prartiso or re- . • * «« • • i - " • -r 
 
 reivofoeu. Jhs coiitmuance in office, practise lu the C\)urts ot Law or 
 
 Equity, or receive any fee or compensation for advice in his 
 
 own or any other Court. 
 
 * 
 
 A. A., 1830, xr, 57, ? 2. Thc Ordinary, before entering upon the duties of his 
 office, shall take the oaths of office before the Clerk of the 
 Court or any two Magistrates of his district. See Public 
 Officers. 
 
 II. — Powers and Duties. 
 
 A A. 1799, VII, 204. §0. Thcy shall have and possess all the powers and authori- 
 narrcrv'eVt'irtie 1^^^^^^^^^^^ hcretofrtre lawfully exercised by the Judges of the 
 ""'• Court of Ordinary in this State. 
 
467 
 
 It shall be lawful for any Ordinary to issue liis summons ^^n^nlHlnfaiid'c^fnimlB- 
 directed to any pei*son or persons, whose testimony may be ^|,".;'^j_'"'"' ^^^'""^ ""'' 
 necessary for the ^investigation of any cause to be tried be- 
 fore him: which said summons shall be signed by him, and 
 sealed Avith the seal of his Court; and it shall also be law- 
 ful for him to issue commissions to take testimony in like 
 manner, ^,JKl under the same circumstances as allowed in 
 the Court of- Common Pleas. And it shall be the duty of 
 the Sheriff to serve all process issuing from the Court of 
 Ordinary, as other jn'ocess is sorvetl by him; and every 
 witness served, Avho may disobey the summons, shall be 
 liable to the party aggrieved b}' his default, and subject to 
 be }irocee(lcd against, by the Ordinaiy, for contempt, as 
 witnesses in the Court of Comraoji Pleas may be in like 
 circumstances. 
 
 It shall be in the power of the Ordinary, upon a P^'^^P^^'is^" xf 4^''"^' ^^' ^"^ 
 applicath)n, to ffraut permission to executors or administra- . ivw. r t.. ^rant per 
 
 ■'■■'■ ' o A sioii to sell personal p 
 
 tors to make sale of personal property. *^^'"'J- 
 
 mis- 
 prop- 
 
 It shall also be in his power, unless there be a will which is;io' vV^^"^' ^^' ^' 
 contains conflicting arrangements, to order the sale or par- j^Vrlo's,?i .TdiviX" reaf 
 tition of real estate and distribution of the proceeds among tClsVud dXTs*^"'^ ""'" 
 the parties entitled, in all cases in which the value shall not 
 exceed one thousand dollars, according to the sworn esti- 
 mate of one or more disinterested witnesses and his own 
 judgment. 
 
 Before ordering a sale or division he shall issue a sum- j,j 
 
 I,,! i'»i jTj J J. • J. Summons to bo issiucd. 
 
 m6ns to the parties interested to appear on a day certain, to 
 shew cause why the estate should not be sold or divided, 
 and a distribution made. 
 
 Such summons may be sei-ved by the 8heriiF or any ]]>■ 
 
 •^ " * llciw snrvcd on parties 
 
 disinterested person; and if a miiior be interested, the "f f;-" »ko. "n Kuardiaiu. 
 
 1 ' ad likm of infants. 
 
 Oivlinary may appoint a guardian ad litem, and at the same 
 
 time, or at any subsequent stage of the proceedings, a 
 
 guardian of the person or' estate of the minor. And if ^.h;;w notice to absemoe. 
 
 persons living out of the State be interested, he may give 
 
 them notice by a rule published once a week, for eight 
 
 weeks, in the neighborhood of their residence, if it be 
 
468 
 
 known; and if it be not known, in such siiitaldc paper as 
 * he may think most likely to effect the intention of notice. 
 
 lb. After hearini^ the partie.*, if it shouUl appear to hiwi to 
 
 Order made on rofnrn of . ii i i ii i • l 
 
 «nmmon« to iH) entered, jje exjteaient to sell, he shall enter siu-h an onler ni the 
 book of r^al estates: And if i* ai)pear more expedient to 
 retain the possession of tlie estate, he shall enter an order 
 that a writ of partition issue, and sliall issiKu Hie writ 
 directed to three, four or five freeholders, in whdse judg- 
 ment and fidelity lie has confidence, requiring them to 
 make" a division, upon oath, and to employ a surveyor, if 
 necessary, and make their return to hini by a unven day. 
 
 lb. And the return of the Commissioners, under their hands 
 
 Return to be filed. , • ,. t i i /v i- i ii i im i i 
 
 and seals, it aiiproved l)y tlie Ordinarv, sliall be tile<[ and 
 endorsed with his all}l^()^■al and tlie date of tirnii.r. and an 
 entry made in the book aforesaid of every order in the 
 caae as made. 
 
 n-. In case the Ordinary on the return of the summons shall 
 
 Writ (.f Partition. , ^ . . ,. i • • i i ,- i 
 
 be of opinion, aiter hearing the parties, that a sale or the 
 premises is more expedient than a division, he may order a 
 sale by the Sheriff of the district in -tvliich the land lies, 
 and prescribe the time and terms of sale; and a certified 
 copy of such order shall be a siitlicient warrant for tlie pro- 
 ceedings of the Sheriir in obedience thereto. 
 
 lb. The Shcrifi" shall certify to the Ordinary the result of the 
 
 sh.niMo'^maLsX.' and sale Hiadc by him, and the Ordinary shall 'receive the cash 
 
 v'lml'1^er'elvo'I'.^4'i^dsl' "paymcut, aiid take the bond of the purchaser, which sliaU 
 
 in all cases be secured by a mortgage of the premises, 
 
 and by personal security at the discretion of the Ordinary.* 
 
 A. A.. 1839. XI, 47. ? 32. Aud tlic Sheriff", instead of the usual fees, shall receive 
 from the purchaser two dollars for the sales, and three 
 dollars for the deed. And if the purchaser shall fail to 
 
 Of Ordinary. couiply, the Ordinary sliall order a resale. And the Or- 
 
 dinary shall receive, in case of a sale, ten dollars; and in 
 case of a writ of partition, iwehe dollars; and if the \)V0- 
 ceedings include the appointment of a guanlian, the addi- 
 tional sum of three dollars in full for his services. 
 
'469 
 
 The money arising from aucli sale may be paid over to Majp^y'*^?,.^^^;;^;'^;^ ,, 
 the executor or administrator of the estate when required J^,'^.'''"'"'" °'' ^'iniii-i^^tia 
 for the discharge of diehts, upon taking l)ond and security ^^'""'• 
 for tiic disLursement of the same in a duo course of admin- 
 istration. • 
 
 , To any minor interested in the distribution of personal a. a..is46. xi. oss. 
 
 "9 ■*■ Jlay aiJixiiut guardians 
 
 estate, if the whole estate docs n<^t exceed three thousand 
 dollars, the Ordinar}- may upon his petition, if of the age 
 of choice, and if not, "hn the petition of his next friend, 
 appoint a guardian to receiye and hold the same in trust 
 for the minor, taking good and sijfficient security. 
 
 The Ordinar}', in appointing a guardian for the minor's a.a..i839.vi.47. i*:}:. 
 estate, shall require a bond in doitble the amount of the '""'"'^^ " '* ^ "" 
 estate, with good security. 
 
 The sureties on a Guardianshiv) bond taken by the Ordi- a. a.. ir3o.vi.47. -^si 
 
 V -"^ . . " ' . liclicf uf Sureties'. 
 
 nar}-, may be relieved on the same conditions as suretips 
 on an Administrator's bond. 
 
 All Quardians appointed by the Ordinarj* shall annually a. a., isss.xi. 47.?:^.. 
 file their accounts Avith him, and may be summoned to do 
 80 ; ajid for disobeying the summons, may be attached for 
 contempt. And if a guardian accountsible to the Ordinary 
 or an administrator shall remove or be resident beyond 
 the State, his sureties may be summoned to render an 
 account; and the decree of the Ordinary shall be evi- 
 dence to charge them upon the Administration or Guardi- 
 anship bond. 
 
 Ko commission shall be allowed to a guardian, who 
 retains the funds of his ward in his own hands or who 
 does not regularly file nis accounts. 
 
 If any person having possession of a will shall, after the n... jie. 
 decease of the testator, refuse to deliver the same to the 
 Ordinary to whom tlie jurisdiction of granting probate 
 belongs, he ehall be liable to be attached by process for 
 contempt; and the Ordinary shall issue the attachment, 
 and the offender shall not be delivered till he shall have 
 
47^ 
 
 cleared his contcinjit ahil delivorcd iiji the will : and .siieh 
 oftender shall bo furtlier liable to be indicted and punished 
 as for a gross misdemeanor. , 
 
 • f 
 
 \ A . i7t.9, VII. 240. rj>jj^. Ordinaiv iiiav (inali/v as executor oi- adniinistvator 
 before a Judge of tlie Court of Common Pleas, either in 
 term time or vacation ; and any of the Judges slyWl have 
 cognizance and jurisdiction of thi,'* probate, k'tters of 'ad- 
 ministration and examination of the acciuints of suih 
 executor or administrator. Bu^ the Ordinarv shall re- 
 cord the will, jiroltate, letters of achiiini.^tration and 
 accounts, yi the same nianiiL-r as .sjuiilar dooumeuts in 
 ^vlli(•h he is not inleres'ted. 
 
 (ir«ffi«te«. . Tlie Ordinai'v shall, on aiU'lication l»y any ]ierson Jind 
 
 tender of liis fees, search for and examine any book, paper 
 or record belonging to his otiice, and furnish a certitied 
 cop3' or copies of the whole or part thereof, or of the 
 wliole or part of any proceeding touching any estate or 
 estates in his care or custody as Ordinary. 
 
 isti'^xr^M^^jT't'iMe; ^'^ '^".^' person or })eTsons shall think themselvcf^ ag- 
 *ModeifVocce.iiiitr. 'gncvcd by any judgment; sentence, decree, deferiftinatFon. 
 'denial or order of any of the Courts of Ordinary, it shall 
 and may be lawl'ul lor such }»erson to appeal therefi'om to 
 the Court of Connnon Pleas or P]quity, by tiling, within 
 twenty days thereafter his or her grounds of appeal', and 
 serving the opposite party or attorney with a copy thereof; 
 and upon the filing of such notice, the Ordinary shall 
 make out and furnish to the i)arty appealing a copy of 
 sUch judgment, sentence, decree, determination, denial or 
 oi'der, and ol" the e\idence taken by him in -such proceed- 
 ing. 
 
 A. A..is39,xi,6i,2i3 ff |],^. ^.{^([ aiiiical should be on a matter of account, the 
 
 Appeal on qiK'Stitiiii^ of i i 
 
 *"="""•■ appellant shall docket tlkC case in the Court of K([uity for 
 
 hearing at its next term; and if the Court sliould approve 
 of the said decree, the creditor may forthwith issue his 
 writ o^ fieri facias to enforce the same; if the Court should 
 modify the said decree, it may order the Commissioner to 
 
471 
 
 restate the account--*; and upon his report made and con- 
 firmed, the party iu who»e favor it may he shall he en- 
 titled to a writ oi'Jicn faeias to enforce the deoree. 
 
 In all other c.ase^ the appeal shall he to tlie'Court of ^'•,,^^^,^ ^„ ^„,^^ ,,„^. 
 Common Pleas, and the appellant shall file a suggestion,*'""^- 
 setting out the decision from which he appeals, and his 
 grouink, and post the usual rule to pload. and an issue 
 of eitliei- law or fact shall he made up and tried according 
 to the course of the Court. 
 
 From the judgment of the Court Ix^low, either partyj^iVi.xrlts.yi"*''^' ' 
 may appeal to the Court of Appeals, and costs shall- bep,.:'),''!'"^-'''*''^""^*"^ ^*'- 
 allowed, as well in the Court of Ordinary. as in the other ^""'*'*- 
 Courts, to the preyailing party; but this shall not prevent 
 the proper jurisdiction of the Court of Equity oyer the 
 snhject of costs and the fund out of whidi they should he 
 paid. 
 
 The Ordinary of Charleston district shall give constant umoo"i!.mrH.''*''""*'*^' 
 attendance at his ofiice every day (Saturdays, Sundays, 
 ^Mondays, Christmas duy and the Fourth of July ex- 
 cepted), from nine o'clock .in the forenoon to two o'clock 
 m the afternoon; and' even- other Ordinary in the State 
 ^hall keep his ofiice at the couft-house of the district, 
 and attend hy himself or clerk, from nine o'clock in the 
 morning until three o'clock iu Ithe afternoon, on every 
 day of the week, Sulidays excepted, in the month of .Jan- 
 uary, and on every Monday and Friday during the re- 
 mainder of the year. 
 
 Every Ordinary shall kcci* in his ofiice a die. in a circu- i.''-?->'- 
 lar form, upon the centre of which shall he engraved in • 
 
 capital letters the word *'Seal,'' and on the circumferenoe 
 the words "Ordinary's ofiice of district, S. C," 
 
 which shall he regarded as the seal of his olfioe, and which 
 he shall impress upon all jtapei'S issued froni liis f»flice. and 
 afhx hiH name U> such pa|>ci>i. 
 
 Kvery Ordinary shall kct-p the follwwing hooks (to l)e u,.. j?,i. 
 furnished l>y the Commissiouers of I'uhlic Buildings), each " ' ' ' "^ 
 
472 
 
 to be doeignated by its label, as follows, tliat is to say : 1st. 
 "Wills," in wbicli bo sball enter a copy of all wills ailniit- 
 ted to pivbate, togetber witb tbe 'jtroliate and certilieate 
 thereof. :2ii(l. ''Inventories, Apitraisements and Sales," in 
 which ho shall enter all such matters as are desiirruitod by 
 tbo title. 3r(l. "Returns," in which he sball enter all tbe 
 accounts of tbe receipts and expenditures by oxecutore, 
 administi'ators and guardians, including tbe final settii- 
 moiit. 4tb. "Real instates," hi which be shall enter all 
 proceedings and orders in relation to the sale or division of 
 real estates, from the petition to tbe Ix^nd (^f the ]iurc'liaser, 
 ])oth inclusive. Bih. "Letters," in which bo sluill Oiitor all 
 letters granted, whether testamentary of jidniinistration or 
 of guardianship. 6tb. "Bonds," in which ho sball enter 
 bonds of administrators and guardians. 7th. "Cash * 
 Books," in which be sball o])en and keep a regular ac- 
 count witb every individual or estate on whose account he 
 has received any monkeys, bonds, notes, stock, choses in 
 action or other property of any description whatsoever by 
 virtue of bis office, exhibiting fully everything so received 
 by him, as well as all costs and charges against such estatp 
 and disbui'soments in favor of tbo Y»arties intorostod therein 
 or other disposition thereof; >vhicb book sball roniain .in 
 his office OA a public record, and be subject to ]>nl)lic ij»- 
 speetion. 8tb. '^Journal," in which he sball enter every 
 decision or ordw made by him in bis olbcial capacity, so 
 as to oonstitute a complete journal of tbe current proceed- 
 ings of bis office. All the said books shall be furnished 
 with full and complete ali)habetical imlexos, in the sur- 
 names of the parties to tbe several matters therein con- 
 tained. 
 
 iL..^3o. The manner of liliiig i»a}»ors in the Ordinary's office shall 
 
 Maiiiior of flHng •. n 1 1 , • . ^ 
 
 i.iiiuTH. be as loli'ows, to Wit ; • • 
 
 The cases sliall be divided into convenient compartments, 
 which shall be numbered from one forward. Tbo })aper8 
 relating to the same estate shall bo wrapped in an envelope, 
 as a ]ta(d<ago, and sball boar a number, and bo endorsed in 
 the naiao ol' the estate. A convenient number of i)ackflge8 
 shall bo embraced in a strong envelope, and constitute a 
 
4T3 . 
 
 biandle, beftring the number of the apartment of the case 
 containing* it. A complete alphabetical index shall be con- 
 structed with reference to the surname of deceased persons 
 to whose estates the papers relate, and of executors and 
 administrators; and opposite each nanle in such index shall 
 be two columns, the one expressing the number of the , 
 
 compartment- where the bundle is to be found, and the 
 othev exjifessing the number of the package in such buur 
 die whicfe contains the papers relating to the estate named 
 'in the index. 
 
 III. — Penalties. 
 Every Ordinary shall l)e resi>onsible for the books, paiicrs, a- a..i8.i9, xi. to, 
 
 •' . • ^ . . It.-^Iioiisibility for 
 
 and furniture in his office; and upon his retiring from i^ooUs ana papers. 
 office, or upon his death, he or his reprpsentatives shall be 
 bound to transfe!" all such books, papers, knd furniture to 
 his successor, immediately after such successor shall have 
 entered upon the duties of his office. But before sur- po„„i,y. • 
 rendering euch books, papers and furniture, the Ordinarj^ 
 so retiring from office, or his representatives, shall be enti- 
 tled to require of his successor a receipt in. duplicate for 
 the contents of the office, describing them with convenient 
 certainty, and on the duplicate receipt the successor shall , 
 endorse a certificate that the original is filed in his office. 
 And every Ordinary retiring from office, or his representa- 
 tives, shall be liable to an action on the case, in the name 
 of his successor, for damages for any books, papers or fur- 
 niture which shall have been 'proved to have been in his 
 possesion, and shall not appear by such receipt to have 
 been transferred to his successor ; whicl\ damag6s, when 
 recovered, shall be appropriated to the replacing of such 
 books, papers or furniture, or to the benefit of the parties 
 who tnay have been injured by the loss of such liooks or 
 papers ; and an order for appropriating such damages shall 
 be made by the Court before which such action may be 
 tried. 
 
 If the Ordinary chargo any other fees, or' charge fees for 
 any other services fhan those allowed by law, he shall for- 
 feit to the party iiVjured ten times. the amount of excess of 
 
 A. A.. 1839, XI, 17. ? 2 
 
 Kxlortion. 
 
. 474 
 
 fees so inipniijorlv cliargfC'd: ic Ik- rooorered bv suit in tilt 
 Oourt of C'o^inion IMoas, l>y rule or .suinniary process. 
 F(»r Fees, »St'C Fcr Bill. 
 
 VIIJ. — li^;(.i,-iKi; uF Mes^e Convkyaxc'i;.<. 
 I. — Manner of AitpointiiK'nt and (inuliticatie>ii. 
 
 ii._i)„ru->. 
 
 I. — Manner of Ap/^ointwcnt. 
 
 Note. — TIk' oi-iir'iiial authority for a roiristration of deeds 
 is uot to be lound in Cooi»er"s'eollectioii. Sueb an oUiec is 
 mentioned, for tlx- tirst -tiMK'. \i\ tlie Art of lt)i»8, 11, 138, 
 Pu])lie Laws, ;{, and is calU'd the " Register's (Hiiee in 
 Ch*rle8tct\vii."^ In the Constituticui of 1778, § --- L 133, 
 the officer is called *'Kep;iKter of. Me«ne Conveyances." 
 By tlic County Court Act, § 4"), all conveyanceii; must be 
 recorded in the Clerks olfiee-of the county where the laud 
 lies. A. A., 1785, VII, 232. 
 
 A A.. i7so.iv. 7'.'2. . Registers of Mesne Conveyances 'Mhall he aiijtointed for 
 
 Altcri'i) us tu l!oniif'>rt t-» <• i /i ^ ^ i • i i i-i 
 
 b> A. A., i7«'.'. vu.L'yf,, JiCiiiutort and (reort^etown, and vest-e<i witl\ the like powers 
 Ai.|M.iiitmeiii fnr cer- US are cxercisod h\ the Reicister of Mesne Convei\auee8 in 
 Cbarlestou. 
 
 IH 
 ' A 
 luiii <tii«trirtM 
 
 A.A..1812. V, (74. The Kegisters of Mesne Conveyances sliall he electtwl by 
 
 Allcrcd l»v A. A.. 1819, . . , ,, • i i i ^ /» "^i V • i i i i i 
 
 Yi. I'ji. joint ballot <)l lioth branches or the JiCii^islature, and hold 
 
 lliiw clt-ctcd. , 1 •! 1 i 1 1 
 
 otnee t«»r touj' years, and until anotht'r he elected, u^JimniH- 
 .sioJU'<l and ent(.-r upon the duties of liis dHicr, and not' 
 during good hebavior as heretofore. • 
 
 A. A.. 1839. .XI. 11 n. re- The, Clei'k of tlic ("our! dl' CouiiiK'M riias ;iii(l (it^nerjkl 
 
 ■■niictlii(r. with nllerii- ^ . ,, it.- • ,i i.<. , i ii i ii • i l' 
 
 ii<.ii!., A. A.. 1790. vii. bessions oi each district in the- otate flluill he J\egister oi 
 'fi'iJik'to be for othor Mesne Convevaiiees for the same, except for tlie districts 
 
 ■linlrlctti. . /- 1 
 
 01 C hai'leston and deortretown. 
 
 A A.. i8a9,xi.iirt.?48. Tlic Rcgistcr of Mcsuc Conveyances in the districts of 
 C hai'leston and (».eor^etown, l)elore eirtermg on tlie ^lutFCS 
 of oiiiee, shall give bond, with three good sureties, to be 
 
475 
 
 i\\)^vovcil as bonds* of other district oflicers, and ^ of the 
 form now required hy hiw, in the sum of tive thonsaiid ^ 
 
 dollars, to be lodged iu the .office of the Treasurer of the 
 Lower Division; shall take the oatli of office required by 
 the Constitution, endorsed and subscribed on his commis- 
 sion, and enter the same, with th^ endorsement, on the 
 records of. the office; the said office of the liee'ister for 
 
 ' « . . i>;liCc w! Aif Jii>|)i, mill 
 
 Charleston district to be kept at the fite-proof building ''■""^^"'"•""i-"- 
 now nsed for that purpose; and the Hegister for George- 
 town, in the court-house for that district; each to bo kept 
 open from 9 o'clock, a. m., to 3 o'clock, p. m., every day, 
 excei)t Sundays, Christmas days and anniversaries of Amer- 
 ican Independruce. 
 
 II. — Duties. 
 
 A Deputy Clerk ma}' act as Deputy Kqgister of Mesne a.a.. iis:w. \i.nfi.^4.-.. 
 Conveyances; and in those cases where th^ offices shall be ag pe^uu urKlstrr' ""' 
 distinct, the Register of Mesne Conveyances may appoiid 
 a deputy in the same manner that Clerks of Courts are 
 authorized to do. 
 
 For leaving the IState without permission, or deserting Ab.scn.cfn.,„ii„.si«i.-. 
 the Office of Register of Mesne Conveyances, or official 
 misconduct. Sec Public Officers and Governor. 
 
 The Register of Mesne Conveyances shall be ex officio ^ a. a.. i^<>4. v.ara. 
 Justice of -the Quorum, so far as relates to the duties of hi3 
 office. • 
 
 The Begister of Mesne Conveyances shall record iii well a. A..1S39. xi,iir.,?46. 
 bound books of the size not less than those denomiuated «""'^~ 
 "medium," kept for that purpose, in the order of lime 9s 
 they may be brought to his office, all deeds, concerning the 
 title of land in his districts, and all marriage settloments 
 • lodged with him for registration, with the j>roof of execu- 
 tion. He shall not be allowed moref thtgi one month to 
 complete the registration of any writing, and thy date of 
 the lodgment of the writing shall be the date of regfstra- 
 tion. lie shall endorse on the writing a memorandum 
 under his hand, or his deputy's, of the date of the regis- 
 
476 
 
 trati(»n, and of tlie book and page wncre it is to bo found. 
 imi.x<-^ jjg shall make two alphabetical Indexes to this book, one 
 
 Index of the names of the Lessors,* the other of the names; 
 of the Lessees. 
 
 II... <47. ,. The Keffister of Mesne Convevapiioes, or his deputy, 
 
 T..((iv<-ertiflcaic« and glial 1 be reijuircu, on a>»pncation, to iirive a eertmed cop}' ot 
 any writing recorded in his omce: the fees for the same 
 being first paid in advince, if required, or tendered, as 
 the case may be, or a certificate that no deed, conveyance 
 or mortgage, or other 'transfer of any particular parcel of 
 lauds or tenements by any particular person, is registeied 
 in his office; and if the Register, or his "deputy, shall fur- 
 nish an incorrect transcript of any deed* recorded, or an 
 incorrect certilicate, he shall forfeit and pay to the party 
 the damages that may accrue in consequence thereof. 
 For Fees, .S'^a Fee. Bill. 
 
BOOK 11. 
 
RIGHTS OE THmGS. 
 
 Common Law. 
 
 All 't1ie Common Law of E'noflaiul, not altered by the, ,^^..1712, i'.l.po. 
 Statutes made of force in this State nor incoiisistcnt with <'""">'on Law, n.4i::. 
 the Constibition, onstoms and l^\^'s of the State, is of force 
 in South Carolina, except that part of the Common Law 
 which relates to matters? ecclesiastical. 
 
 Estates * OF Inheritance. 
 The Statute of Westminster tlie f^econd, chapter the first, ^^ )■,).'' ■^M''-^'^'-, 
 
 ' • Sgit. ^\ (St. 2(1, Cap. 1. 
 
 thirteenth ^-Edward the First, entitled, "In gfifts in Taii," gj^^^.t'-'f"'-^" "'"'''' 
 the Donor's }v\\\ sh^M be observed. The form' of a " Forirte- 
 doik'* commonly called the Statute of Intails, shall not be 
 of force, nor estates which "were fee simple conditional at 
 the Common Law be made iiatates in tail in this State. * . 
 
 •» Warranty. 
 
 All Warranties. l)y anv tenant for life, of any lands, tene-, a.d., i;nr..4Ann.c.ir,. 
 ments or hereditaments descendino: or cominc; to any per- ^'''^'-nntiosoffcnant.for 
 
 ~ C-' . 1 ]|f,, viiiil Rgain^l remain- 
 
 son in reversion or remainder, sliall be void and of no'':';"'f"»"J,.'-cv.mnn.r«. 
 effect; ^ud likewise all col lateral W^irraiities of any hind^^. «;.'7_^|_^..J';_;;;^k.^^^^^ 
 tenements or hereiUtamentn, by any ancestor who, has no'1'''^'.'^;^'"''^ "g"*""' »•'• 
 estate of inheritance iti pofseeBpion in the same, shall be 
 void analyst his heir. 
 
 f 
 The only tenure of lands in South ('arolijia is that of free T.-,f.rre'^^'"^''' 
 and common socage. 
 
,480 
 
 Landp. 
 Voront lAinds. 
 
 .wk-. All waste or vacant lands, not heretofore granted or 
 
 .ue-Tu^o »."«p,!i?,Mt7o aliened by thf State, shall be reserved for tlie purposes of 
 
 i.uiTK«eio uc« h.ti. (j^imjatjon ; and all lands of persons dying without wife or 
 
 heir, and all ])Vo]X'rty, real or personal, that nu»y aeorue to 
 
 the State as tke ultimiite ownerof tilings dert'llot orvaeant, 
 
 shall be reserved for the same purposes. 
 
 rnder the care of Free 
 S<-liix)U. 
 
 It shall be the dutv of the Commissioners of Free Schools 
 in the several district.'? and jiMrislics. diligently to enquire 
 after all vacant lands and escheats, and things vacaTit or 
 Their outy to inform. Jerelict withiij tlit'ir scvcral bounds, and make known the 
 same to the Attorney-Geuoi'al or* State Solicitor within 
 whose circuits such }tn>i)erty may be found. 
 
 .rJ^Brto'inqLl^uoi!^!^"' l^pon credible information received toucliing such vacant 
 lands, escheats or derelict propert}^ it shall be the duty of 
 the Attorney-(ieneral or Solicitor, with leave first had and 
 inf..rmationtoi.efiiod. obtained, to tilc an infonnatiou in the Court of Common 
 Pleas of the jydifial di^tricit, in wljich the i>rop<?rt^v may be 
 found, in theiianne of the State, at the i^hitiou of the Coin- 
 miaHioners of Free Schools of the district or pariJi collect- 
 ively, or of any i>erbon interested in the qucstitJii as pur- 
 ch;i«er from the last owner or grantee of the State, setting 
 forth the circumstances of the case, and praying that the 
 truth of the matter may be enquired of by tjic country ; 
 aiitl leave to tile such ihlormation may be gmnted at any 
 time by the Court of Comiiiou I'K-as in*term time, or l>y 
 any Judge in vacation. 
 
 The Inqnisitiuii nuir 
 l»' tr*Toned. 
 
 Notice to be given. 
 
 The iiKjuisiitiou shall be had at the succcetling tcrfti, and 
 the tindiug of the jury may' bo traversed, either by the 
 relaito*' or by any party interested, at any time within one 
 year; and in order that opportunity may be given to all 
 tl^t maybe interested to assert their rights, the inquisition, 
 as found, ^\u\\ be jmblished, in the meantime, once a week 
 in at least one paper in the district, if there bo any ; and if 
 
481 
 
 *^liere bo none, in any paper of general circulation in tlie 
 next or nearest town ; and personal notice sliall l)e se.rvcd 
 on tlie parties in possession, or claiming^ to be entitled, if 
 they be known, and sncb notice shall be served by the 
 Sheriff. 
 
 And if, npon the trial of the traverse, a verdict be found ^^'^is to tiicx 
 in favor of the traverser, ke shall be entitled to his costs, to 
 Ix^ faid by the 'relators ;* and in case the verdict be in affir- 
 mation of the finding of the inquisition, he shall pay the 
 relators' costs ; saving to each party the right of appeal. Appeal allowed. 
 And in«tlie meantime the Court mav, in their discretion, , , , , ,„ „,„, 
 
 < " J iitcilocutory orders. 
 
 make such order as may be necessary for the safety of the 
 property and for securing an account of the profits. , 
 
 And if no claimant shall appear and traverse the finding i-inai judicnKiii. 
 of the jury within one year fwm the publication thereof, 
 or if the verdict found upoy sucli traAierse be for the State, 
 the said finding shncll be made absolute, and final judgment 
 entered in affirmance of the right and title of the State. 
 And the Court shall make such order for the sale or dis- 
 position of the j)roperty as nuiy be properly prayed for ; 
 and if a sale be ordered, the same shall be made bv the , •'^'»!'2.'"i>''"""'f ''^ 
 
 ' " ^ Slienfl. 
 
 Sheriff of the district. From the proceeds of tlie property 
 shall be\>aid the costs of the proceeding^, to l)e asoertaiiijed 
 by the fee bill; and the Attornej'-Greneral or Solicitor, in Attomey-ocneri.iHiw- 
 addition to the costfe that may be taxed according to the 
 fee bill, shall* be entitled to receiver tAvo aaid a half per<3ent. 
 (jn the clear or net balance that may remain after deduct- 
 ing expenses; and the residue shall be paid or deposited iii Tim^rl.crcvntT'^'''*"'' '" 
 tlie Bank of the State of South Carolina, and invested by 
 th^ Presklent in the Three per Cents or otlu'r securities of 
 the Statie of South Carolina, in tnust for tlie Comfl(iissioners>' 
 of Free Schools hi the distriut or parish where tlie property 
 was -found. And the capital shalbremain in tlie bunk, ajid 
 the interest only be paid to the Treasurer of the BoaF<l : 
 saving, however, the right of all corporate IxKlies to whose 
 idse cei'tain esclieatH have already been granted. 
 
 And the office of Commissioner of Locations and tliat ofiiro.r cmmiw..!,,-;. 
 
 . or Kt-rlieaior sua Lotj*- 
 
 of Kscheater are abolished; sariiu/ the. full bcneiit and"o"'''''"'"''»»«i 
 validity of proceedings now actually j»ending. 
 31 
 
482 
 
 ^ 1 eqnitie. rpwrved. XotliiiicT licrcin coniaiiio*! sliall i>rovont the Coijrt of 
 K'fnity from (locidiiii; all e(|uitios tluit may nriso. ixWw final 
 jiidirnient for tlic State, among the parties ehiiining tlie 
 beacfit of that judgment: but the power of the , Court 
 sbaU ii(»t extend to afi'oct the safety of the fund ])y trans- 
 ferring tlu' capital from tlie bank. 
 
 K»iiore of cctni qne TliC Stato shall iiot be barred from tlie right to vacant 
 Jandij or escheats, or personal property heUr in trust, with- 
 out a- cestui (pie trust, by lapse of time or the iStiitute of 
 
 Limitations. 
 
 t 
 
 Mie»CELLANEOlIf!. 
 • 
 
 11.670: sut. 5 o<-,. 2, Ilouses, lauds, negroes, and otbei* hereditaments and real 
 amm» ** (*»i«fiictioi^Cj«t«»tc, shall be linblc and cbarireable with all iust debt^ 
 
 owing by the owner, and shall be assets for the satisfaction 
 
 thereof. 
 
 A. A. i7f?7. V.39. (i rants for land covered by water, as far as the western 
 
 i.y water. ^e<ige ut tiic cliannel ot CooyKir river and tlie nortiiern 
 
 edge of Iho cbaimel nf Ashley river, are valid. 
 
 lu (Jriuits for land on Sullivan's island. Mnltlle Ikiv island, 
 
 Vhnt prnntji .ire ni«ll , iijTJii.1 •! i ti i i 
 
 :tmivoia. fomniMly called Jjlght-house it^lan<l, or any oilier land.s 
 
 previously ajiproprintK-'d to jniblic use, are null and vt)i(l. 
 
 lb. I'osseseion, actual, pt»aceabK' and (piiet foi*five years pre- 
 
 Title by pomoMion. . , ,. , , ,• i i i-- • ■ n i ' j • i 
 
 V10U8 to the fourth day ot July. 1 1 (<), shall he a good t^tle 
 to land against all the world. 
 
 A. A-.i^i.'.. V, 4M. All grants which in other respects are faii'lv aiith^nti- 
 
 Oranta k(km] witliot^t i i n i i i i • i i- i ,■ 
 
 (irt-at goal. catcd fthall be deemed good, notwithstanding the want ot 
 
 the great seal; and since tlu' fourteenth day o\' December, 
 1805, the use of the great seal was discontiniu'd and the 
 A. A., 1823, VI, '210. gTiiall seal i*u])stitnted in its place in all grants of land. 
 The du})lietite of the small seal, procured by (jjovernor 
 Wilson, shall be kept. and used in Columbia aii<l the origi- 
 nal in Charleston. 
 
 Afl grants obtained by decepticm shall be null and void. 
 
483 
 
 Catawba Indians. 
 
 The limits of the Catawba Iiulian lauds in the Districts of York aiul 
 Laot-aster were settled b^* a survey jnade by Samuel Wiley, ami dated 
 22d February, 1 71)4, — the plat of which is now on Qle in the ( JKee of 
 Secretary of State. 
 
 In 1808, Y, 57G. It was declared lawful for the Indians to gi-ant and 
 make to any persons k\as^ foi' life or term of years, of toy of the lands 
 vested in them by the laws of tliis State, provided that no lease shoiild 
 exceed the term of nint'ty-nine years, or trliree lives in beinp- Tlie (iov- 
 ernor to apjuiint five superintendents for seven years, to superintend the 
 leasing of the said lands; no lease to be valid unless witnessed by a majority 
 of iKe 8U|^eriiitendeuti, a»i<l signed and sealed by at least four of the head 
 nun of the Catawba Indians. 
 
 Conditions : annual r«it ; no payments in advance for more than three 
 year* Payments to be attested by receipt oi^ the hi>a(l men and majority 
 a£ the superintendents. . 
 
 In l?fl.'), YI, 18. The superintendents Avere authorized to maintain 
 a<'tionf< (if trespass to try titles f/uare clav.'<u?n /regit : and actions for inju- 
 ries done -to personal property. And to distrain for rent in behalf of the 
 Indians. 
 
 In 1838, YI, 602. The reversionary interest of this vState in the Cataw- 
 ba Indian lands was veslied in' the lessees thereof, their licirs and assijjns, 
 according to the location of their respective leases, on condition that eacli, 
 lessee should first txe^ote a bond, and lod<re the same is tho Treasury of 
 the I'pper Division, ftw the payitient of the interest of seven per fent. 
 upon the penalty, in lieu of the rent payable by him for- the nae of the 
 said Indians. The lands were declared exempt from taxation. And tjie 
 Governor was autliorized to appoint an agenf^of the Catawba Indians, 
 to supenntend the execution of the bonds, and to distribute provisions, 
 clothing, necessaries, 'and eomforte in ftroper proportions among the Indians. 
 
 , Ift lft4'>, XI, 102. An agreement entered into at Nation Ford, l^th 
 Maveh, 184<i, Ix'tween John Springs and others, Connuissiouers on the pait. 
 o( the State, auU the Cliiels of the Catawba Indians confirmed, exeept that 
 the smji of five thousand doljars, applicable lo the panhase of a tr»ct of 
 land for the use aiid oteupancy of the Indians, showhl h^ approp^ated M tiiat 
 pujrpose only, and not ^aid to the Indians in cash. ^ Steven thousand five 
 l«indre<l dollars se* a^Mirt for the use of the Indians, via: five thousand^ 
 dollars for the purchase of land; the rest for the outfit of the Iribi'. The 
 Governor to af^point an agent. The lessees to pay one tent awi a liaU' an 
 ac^e till the sums advanced by tlie State arc h-funded, an4 theh upon pro- 
 ducing th«ix leas^ thej ^erc to rccdve girants for the land. 
 
\ A, IKM. XIl. .TH. 
 (.Inliiwlia IiidJHTi baiMfl' I* 
 <abjort U> taSHtioii. tUQ 
 
 484 
 
 In 1842, K.I, 211. The aiiqu^ pavAont of the Lessees was redueed to 
 dnc rrnt ^er a«rt'. Copies of »i«x'imn'htf in tin- oflire of the Sinn'tar)' 
 to bi- «<luiit(fd in tvideiUMe on trials rosiKMlin'i thi' Indian Utnds, XI, 223. 
 
 In 1R4I. XT. 2«f>. One fhoiriaiid'H^llafs.' to he applied under Art of 
 
 IMO. wen- af»|flrApnated Tor tlie Caftiwba Inriiants. * 
 
 * 
 
 Oatvwua Lands. 
 
 n< 
 
 f\<i^ liniHt* iu Yolk and fjUnvastdT districts, kintwu as 
 Catawba IiidiuM laiuLs, siuill \)9 subject to ta.xation 
 .•Hccurclin^ to tltc cHLal>U^l)ed cluffsitii'atidH of iaiids. (Sec 
 » ^i'v.niti<m mni Turt)*, ctiii.) Anti it Hhall b« tlic dutv of 
 
 I)u»v •.fTaxC<>lk<t<^:l!« ' . ^ '' 
 
 •fticTax lV>llcoi(iTs for th^ l#istrf^s <»t' ^'<>rk and Lancn^tor 
 to collect flie taxes on the said lands, at thb gatiio times ajid 
 places, and in tlio same manner as other taxes are collected. 
 
 •>••??• , . Tlie firoin'ietors of i^lie said ^ata^^■ba Indian 1am1s arc 
 
 Projirictfiri< r<"ioa*e^ 11 , . 
 
 fr,m further i.ijii.oui.. rojcascd from the pUyhient of any ftii-ther sums of money, 
 ., 5ii account of ftdvaaces made by tiie State to the C«iitawba 
 Indians, in execution of an atfreefiiont nnulo by tlie Stiite 
 A M'ilh tlie saifl Indians, and rntiticd in the vear 1N4(K 
 
 A. A 
 
 • J rant A 
 
 ,1867. xiL Oil. <irant^ shall be issued to the lessees On production of the 
 
 '*' '•"^ "'*"""'•' Icnso from the Indians,* Avitness«(1 by the s«i\i)erihten{!ents. 
 
 Xf the lease cannot be produced, tbe fTarty in poBSession, to 
 
 «• ctitflin a irrant. Khali pul>lish in one of the newsjmpers in 
 
 "•the district for thrci' months r^euhu'ly. noti<'e of the reason 
 
 .-wh^'lu' cannot produce the ieiist'. ainl of his intention to 
 
 • M^i'Pb' ^'''"" '^ ^'"iH't of the land at a i^ivc?! time; and veiify his 
 
 ^«Latemeut by an alhdavit: and upon sueJi uflitla'sit, with 
 
 ••jM'oof that Hueb iH)ti<jfc' luw beeu given, rt the {Secretary be 
 
 natistied that the party is entitled, lie may issue a ijrant 
 
 •''•forthf iRTid to hira: Provided, that if any person witiiin five 
 
 *tears from the date of sucli errant shall prefer an advwse 
 
 claim, and produce a' proper lease hi stippoH of it, s^icli 
 
 ^uranl shall thereupon Ikh'ouic null and void. 
 
 ♦ K.MrXENT DoMArX. 
 
 •• • r , , ■ _ 
 
 0/-; Of TohiiKj Prtrrife'^ropcrl)^ for Vtihlir fW. 
 
 flrothw. Tlie State has the rinttttul power of taKitig pVfvafe jtrop- 
 
 ■' ertyfoi' ]inblie use, whenever re(piir«d by the general good; 
 
485 
 
 in -wliieh case, due coiupensation slioulci 1)0 mTiae to the 
 owner. And when the Lesristature ordei^j? or-anthorizes an 
 act to be clolie.whic-h involves the' necessity of converting 
 to the puhlic nse land of a perJson unwilling to pcJI at a rea- 
 S(.)nahle price, compensation sliall be made to the rehictant 
 seller, and the just vabie of the land so convorfed ascer- 
 tained in tlie lirst place by commissioners to be appointed 
 for the purppge/wilh the benefit of a trial by jury If de- 
 manded, in the,fol]owing manner: 
 
 Tlic partv claimiuij- the interposition of the Court shall -^- a!ir27, vr.:si2, ■:. 
 
 1 " ~ ^ ^ l'ioco(!iling8 for VHiuii- 
 
 tile his petition in the Toui't of Common PI ejve* in tlie dis- ''"""•" ^'"-" '»"''* 
 trict in which the land to l)e converted 11^3, setting forth 
 the grounds of his claim, and prayiii-g that so jnuch of the 
 land as may be requisite, or as he rjla^^ 1>e authorized td * 
 dcnian4, may be ft»\judicated to him, and thcjUiti ('om]ien- 
 sation of the owner ascertained and i>aid. 
 
 On filing the }>etition, and due notice fo''tTTe opposite ' ji,. ' 
 , ,1 ^ ,.,. 1 i. i.1 /I I. • J. i- f» A.' A., la-^, vrii, ;;f.i. 
 
 party, tlie petitH)ner may api)ly to the Court m term timG,^i«,.:,n.iii»i»iiroadAct« 
 
 or to any Ju(%e thereof in vacation," for an oPtlcr appointing i„isJ(!!lui'x. ^" 
 • commissioners to assess the value of the land in questiorfJ • 
 j^nd the Court or Judge, after hearing the parties, if satis- 
 fied that the case comes within tlie 8co\->e of tho })etifioner's 
 authorit^j, shall aj>point five discreet and impartial men, 
 freeholders and residents of^the district, to enquire and re- 
 })ort to the C\)urt the true value of the land required, and 
 assess jiroper compensation to be made to the owner for the 
 udjadication of the same to the uses intended. 
 
 The persons so aitpointed, being served with such order, n.. • 
 shalr enquire and make their return to the (. onrt in which m.keieti.riiwcoui. 
 the petition is filed. In making their return, they shftll 
 have refero^ice to the ft<'tual value of the land in itself and 
 as part of other land, and to the damage which the owner 
 Axill sustain by the severance of this part from the rest of 
 his hind, andalso the benefit that he will derive from the 
 increased value of his Other hunl by the ]iroj©ctcd work; 
 and tTie value of tlie land rn Itself, and tlie <\cess of injury 
 over benefit that the owner will sustain by the oporation, 
 shall \^ the Vncasnre of the conipensnll^^n <fo he ^aW th«, 
 party claiming to have tlie premlfC^ adjudi riteil n him. 
 
11.. Ilio retiiTM <^1 ihv c<»Tniiiis^U><K'is, il" a((|uk'sv«.Hl in, shall 
 
 When raturn ii Bcqnl- 1 i' i ' i ^ i- ^1 • 1 
 
 >»cAxi in il •tuui I.C o.ii-i>€C'(»iiuiMiu'U ; iiiHi u^KHi }i;iviiK'iit ♦•I tlio pru'c ,<(> assL'ssetl, 
 tl*e land shall, by o^tiration ot' hiiv, vo^t iu (\^<i petitioner. 
 
 ' r * 
 
 , >'• , linl if citluT itartv shall rrauiro a trial l>v inrv, an issue 
 
 • Trial I? Jiirv if t-llicr * ^^ • • ^ »' , • •. • . •*'.*»;»,, 
 
 j,iit, .i.-iii. it. ekall he yiade up imnieiliately and suhniittetl to a jury, who 
 
 sliall assess tjie price o^" the land on tjic same prineijtles 
 
 hoieinlnjfore laid down, and their verdict shall he (u>nelu- 
 
 . sivc, nnk?ft6 upon appeal the same l>e set asiHe and a new 
 
 • trial <ri-an1rd. 
 
 Jb. The WQvk eouucc^ted with thy Ufjes for which the lan«i is 
 
 ;>.MMe.i by litifcTiiion. tukgu soiill iiot |»(| stt^p^ndf(T hj" liti^atiou, after the finding 
 of the ooiniulssionerH. But if the party ehiiudn^ to fake 
 the land upo^u a valuation Ik' the paity amiealin^- i'wm the 
 fiiidiiiif of the (Munuiiisijiojiersj. thou he ihall \)C elitifh'd to 
 pKxHH'd with his ojicrationsi jn-ndiuij the litiLjation, only on 
 Ccnditioii of entering iutu a Intiid t'o th^^ owner in ijouhlc 
 tlie amount a^^inysstd hy the coiunyssionoi'if*, Mi^Up^<^^^ secu- 
 rity, conditioned to yrosocutv' ^i^ appeal witk success, or 
 pay the sum awarded, with interobt aud cosls; and iij case 
 the return he set utide, to pay the fiill amount oi" the limJ 
 judgment ill the case, 
 
 wi-r one i.<v*< n III <SAti^ auy pcrsori do stand t^eized of land br real eisUte 
 
 itAlldH .■.••IM'll to lllO lll«0 . 1 • 1 ' 1 !• • • 1 
 
 .f Ni.iUi.r. tii< i.iiiiv^-of any kind, to the U8e ot or lu trust Itti- anv otUer per;jou, 
 
 tllU-d t . tllC lltC.Hl.Jlll I* "^ • , I , I 'l • • • 
 
 H..iz.Mj of th. csiiiir. the i)erBon entitled to tlie use or trust, ^\hether in lee sim- 
 
 A.i>.if>:i.',. BT n.s.f.^^j. , ,. . , , . 
 
 ".♦*' yl(i^ iee rouditioiial, lor term oi' life, lor Years.>;^r other\vi|ie, 
 
 whetlier in iK^ssession oi- remaimler, shail lieneeforth stand 
 
 sui/ed and [lo.ssesseil of the premises, of ami in the tjame 
 
 iutere.'it and estate as he had oi- may ha\e in Uie use or 
 
 trutit. 
 
 If nMvorai bf Kc-izi-.! »i Aiid ulieic divcis hc seizcil to the use of jwiy of tlu'in, 
 
 tlie iiiif of onp. thr Hpl/.in . 1 . ^-.i i ... ^1 i >i i' i n i 
 
 Hhaii follow the use. t^iOt^K.' who ui\! ojiULU'd to tli« vjsu, aiiu tliev only, SU4II be 
 
 deemed to be sei/.ttd of the pivmisoH ; ami they shgll hc 
 
 seized and possessed thcre(>f, in ami for tUe same in|ere8t 
 
 • u^«l etitoite thevein «^■hich they jl^ad or may have in the use: 
 
 saving the rights oi" all third persons. 
 
487. 
 And Avliero iiiiy ixm-j^ou mav bo seized of land or real. Ami where one peraon 
 
 ^ I • IS sei/.cd of land to the 
 
 estate of any kind, to the intpnt that some other person ;;;;i7[,/!;f,y,'^^ [i^f^,,^;. 
 shall have to him and liis heirs an annual rent of t^n j;;;! ;:;:;;\l;;',;;VoTi,'.om'." 
 pounds, morok (jr less, out of such laud or real estate; uudreX!^,u\ma^^^^^ 
 some other person anotlier ttunud ^'ent, to liim and jjjs ''",',"; "''"*°*" """"*■ 
 assigits for term /oi life or 3-ears, pi' for some otl^er special 
 tii^ie ; in every suck case, the person entitled to receive 
 such annual rent, shall be deemtid to be in possession anil 
 seiziu of the rent, in and for the same -estate, as he had or 
 may have in the use or trust; and nuYy hiwfully distrain 
 for the same, and make avowry or cognizance as, if the 
 rent had been actually and really gi'auted to liim according 
 to tlie conditions of thetrust. 
 
 All estate, real or persoual, which is held in trust for him a. d.. 1672. 29 car. •> 
 
 . . . cap. 3, g 10, II, 62t. 
 
 affaiust whom execution i« sued, may be seized by the Sher- ^" estiuo. rcai orpei- 
 
 '-' ^ *' . •' smial, Iielil in trust, iiia.i 
 
 iff or officer to whom tlie writ is delivered, ami sold as thei"' ""I'l i«.v siuriff umioV 
 
 o.Miiitinn issiii'd a^nn.st 
 
 property of hid that is entitled to the trust, in tbe sam<5<^'" >'"''"'V,"'!l'r"""ll' 
 
 .i i- •/ , \ ' trust, and sliall lin a-<K->i 
 
 ni»nner as if such iiroi)ertj was held in his own name; <'i»<^ ^'./^f/i^n^HJabif^^^ 
 such 4)roperty shall also be assets for the payment of his'''■j;[,^.^^*^^'l"J.''J^^•g 
 debts, and shall not be liable for the debts of the trustee,* •^*"'' * 
 
 nor assets in the liands of his heir, executor or adminis- 
 trator. 
 
 As to creation and assignment of trusts, ^S'^'c Omfrarts. 
 
 CpNVEYANCE. 
 
 \A deed in the 'following form shall be valid and effectual , a.a.. uvi. v,2io. 
 to convey from cue person to another the fee simple, or 
 any lesser estate, which the grantor may have in land oi* 
 ix;al .estate, if executed in the presence of two witnesses: ♦ 
 
 The State \)w Squth Caijolixa : 
 
 Know all aien by these ^presents, that I, A 13, of 
 in the State atiyrotjaid, in consideration of • 
 
 to mo paid by C I>, of in the HUitG afore-). '■■'"•'" "fConvoiuuoe. 
 
 said : hav^ jjfrantod, bargained, sold and released, un^ by 
 these jtrt'scnls do grunt, bargain, sell aiid release unto the 
 said C 1) all tliat (here des<ribe the prcmincs), togolher with , 
 all and singular the rights, ineDiberii, he^u^t^imentii. nud 
 
488' 
 
 appurtciSances to tlie said jtrcmises belonginir. or in any 
 wifliC incident or apperfaiiVuig.: to liavc oiul to hold all and 
 Kifiirular the jnTinisC?* lu-lorr moiitioned unto Hio said V D, 
 Lis lu'irs anfl assiirns. tf)rtvor. And I do lioR'hv bind my- 
 self, my lieirs, cxeciitoiv and adniinistnftors, to wm-raiU and 
 Ibrover dt'lt-nd aTl and MiiL'^uIar tlio sai<i jtrvniisos unto the 
 said C I>, his lieii-s and assigns, airainst niysc-ll" and my 
 heirf!. and airainst tveri? person ^ii on i. •soever, latvfnlly«clami- 
 ingor to claim the rtirti^, or any jiart llicrcol'. 
 
 Witness my hand miid stjal. this day of' 
 
 in tht' \i'ai- of onr F^ord . 
 
 Sealed and (K Tivcred in juvseuce qf 
 
 K V. 
 (}. H. 
 
 A. I'., [i.. s.] 
 
 .lower. 
 
 n>..i2. And the Avifc of the ifranlor, if slu' he of l:n\liil aire, 
 
 \r!1b may renounro Jicr • ■, n i t iii««tii'» 
 
 may he harred oi her dower in :iny land aliened by hef 
 Unsluind, if she will declare in a iirivate exanunation b^'fore 
 a Judge of the Court of Coniinoii Pleas and TJenerar Ses- 
 Hiqns, or be4brc a Justice of the Peace for tlv? district 
 witiiiu which she resides or the land lies, her free consent, 
 to rcHi^ounco her dower iji the premises to the gi-ajitoe: 
 Pi*<)VkU'd, that a certiticate under tlu' hand and seal of the 
 Judge or Justice, and siirned by the woman, be endorsed on 
 the deed, 6v eugrossed in a separate Ibrm. and recorded in 
 the office of Mesuo Conveyances for the distiict where the 
 hind lies, withhi six monfhs; which certificate, if endorsed 
 on the deed, may be in the tbllowing fttrin : 
 
 The Sta^e of Sovtii Carolina, ) 
 JJhtrirt (or Parish). / 
 
 Kwim of -priincnio for 1, , ouc of tlic Associatc Judges of th(^ said Stale 
 
 (or Justice ot the Peace for the dititnct or jmnsli atoresam), 
 do herelrv certify unto all whom it may concern, that K 13, 
 the wife of the within nanu'd A P), did this day api)ear 
 b(^fi.)re me, and ui)on l»cing prixately and separah'ly ex- 
 amined by me. di(i declare that slic does freely, voluntarily, 
 • and without any compulsion, dread or tiear of any ])erson 
 or persons whomsoever, '•©rtoiince, release, «jad forever 
 
489 
 
 relinquish unto the witliin uaiued D. his heii-s and 
 assigns, all her interest and estate, and also all heu right 
 and claim of dower, of, in or to all aiul sinii-nlar the lu'cm- 
 ises within mentioned and releasecL • 
 
 Given under my haiul and seal, this (h\y of 
 
 Anno Domini E. B. 
 
 , *' 
 
 [l. s.] Judge or Justice* 
 
 And if the certificate be engrossed on a separate }ia})er n,. 
 or pgrehment, the language shall be made to conform to a 6el.al'■au^l^^I!I^.^ 
 the change. 
 
 A mari'ied woman of tlie age of twenty-one years, wlio n...^^:;. 
 
 1 . • , T 1 . 1 . , • 1 • n I' 1 \\\U' may release l)or 
 
 may Ite entitled to real estate either in tee, or tor a lesser iuiHiiianre. 
 estafe, maj- alien the same by joining her husband iu a con- 
 veyance, and afterwards attesting her ifree eonseilt before a 
 Judge of the Court of Common I*leas and General Ses- 
 sions, Ar a Justice of the Peace of tlie district in which she 
 residess or in wliich th^ laudlies^ in the following manner : • 
 
 State of South Caj^olina. 
 
 KiiQW all men by these presents, that we, A B, and C 1), Form of doc.i. 
 his wife, of in the District of in tlie State 
 
 aforesaid, for and in consideration of tlie sum of 
 
 to us in hand well and truly paid by (the 
 purchaser) of the receipt 
 
 whereof is hereby acknowledged, have granted, bargained, 
 sold and released, and by these presents do grant, bargaiu, 
 sell and release to the said (the purchaser) and his heirs, all 
 that (t^escribe the premises), ^« proper estate of the said 
 C D (the wife), together with all and singular the rights, 
 members and appurtenances thereto belonging or in ai^- 
 wise incident or appertaining: tO iiave and to hold all and 
 singular the itreiiiises to the said (the purchaser), his heirs 
 and aHsigiis, forever. And I, the said (the husband), do 
 lierel)y bind niyf>elf, my heirs, executors and adrainistratoi's, 
 aH and singular the said premises to the said (the pur- 
 chaser), his heirs and assigns, agaiiiBt me an*d my heirs, and 
 
490 
 
 ag^ainst all other persons daiminir or to claim tin --niiu'. or 
 any part thereof,, to warrant Jtixl forever tlct'end. 
 Wituess our liaiuls immI seals, this day of 
 
 in th*e year of ojir Lord 
 
 A. i;. [... ..] 
 
 V. 1). [l. s.] 
 
 Seak'd ami (lcliv('r('<l in iln- j«r»>t-iMr of 
 
 •(;. II. 
 
 Kx«miniiti..n and Br. An<l pcvcii (lavs after tlio liusbaiid an<l wife ftliaJl have 
 
 knowlrdgniAit of the , i * i i i i • .<>• i i ii 
 
 «ifc. executed sn<-M a dee(|. tli<' wile, to make it ettcctnal. s^all 
 
 iro hcforc a dndire of tiic Court of Law, or a Justice of the 
 Peace of the district in which she resides, or in whicli the 
 land lies, and he privately interrostited and examined as to 
 the freedom with which she joinod in the deed. And if 
 the Jud»fe or Juntice he .satisfied thnt she did wiilhitdy Jpin 
 in the conveyance, and niMlvrstaUds the effect of so doing, 
 and corttinnes oi' the same miiul witJiont heiiiir uikK r aiiy 
 constraint, he shrtU recoid and certif^v lier c<#useiit fty an 
 iii.>?trnment written on the same deed, or on another jtajier; 
 which instrnment shall he sitrned liy the wile and attested 
 hy the Judire or Justice, under his hand and seal, in the 
 niHuner following: 
 
 State of ScIuth Caroi^ixa, ") 
 DlMrict (or Parish). / 
 
 Karmof ccriiiirai.-. lie it remcmltcred, that on this day of in the 
 
 year , hcfore me, , one of the Associate 
 
 Judges of the said State (or one of the .liistit-es of tlie 
 reaec for the disti'ict (or parish) aforesaid), personally i-anie 
 and appeared (/ 1), wife of the within named ,,p:trty 
 
 to the foregoing deo(f, who heing privately and separately 
 examined hy me, did declare that she joined her said hus- 
 hand in executing the within deed more than sevei^ days 
 hfcfore this her examination freely, voluntarily and without 
 an^- manner of conijuilsion,' dread or fear of him or of M\j 
 other person : and that kIk' then did and still <loes freelji 
 renounee, release and forever relin(|nisli all her estate, inte- 
 rest and inheritance of, iji ami to all and singular the ]t!'<ini- 
 
491 
 
 ises inentioiiCHl m tlic within deed to , tlic party 
 
 named tfiereiw, and liis licii's and assigns forever. 
 
 . C. D. 
 [l. s.] L. A1. 
 
 And the said exaftiination and acknowledgment being Kirott of sucii cxumi- 
 duly reeorded m tne district in wliieli the land lies, shall ni.nt. 
 have all the eft'eet of a fine to bar the wife pf lier interest 
 and estate in the premises : Provided, that the wife be of 
 the age of twentN-one years, and that the certificate do 
 contain an averment that tlie release was executcd#at least 
 seven days before the lamination, and that it be recorded 
 within six months in the oflice of the l^egister of ]\resne 
 Conveyance in the district where the laud lies. • 
 
 Sli-htlvnltL'icil. 
 
 nntv 
 tlier 
 
 The covenant of warrantv ina\' in any case be omitted, Covenant ..r ••.iin 
 
 . " *" • Diav lio oniittcflunilo 
 
 and any othei^ covenant inserted according to tlie agree- covVnants insfited. 
 ment of the parties. IS^or ^lall any kind of deed hereto- 
 fore in use in tlie State be avoided merely for matter of 
 form, if the parties be of full age and competent to con- 
 tract. 
 
 A jreueral covenant of warraiitv shall be e(Hiivalent to Ntv. 
 
 , ^ .",...., Kx»Ait of a coniral 
 
 the five common covenants, viz: oi seism, right to ronvey, *an*it.v. . 
 for quiet enjoyment, freedom from incumbrances, and fur- 
 ther assurance^ according to the metes and lionnds ^et» 
 forth. V'ov errors iu deficriptioii of the premises, the part^ 
 injured, in case there be no special warranty, may, in ^ 
 proper case, be entitled tathe common law remedy of an 
 acti(3n pu tfce ease. 
 
 And the ccmmion mode used from time immemorial iii a. a. n^i.jir. 2sn. 
 
 • . ? «!•: 1V07. VII. 1%. ?• 
 
 this State of bai-nng a married woman of her inlieritancei<'*iv. f". ^i"- . 
 
 t? _ ^ ' M«<lc of ruHuunriDg 
 
 or dower, by joining freely and voluntarily with her hus-*>»«r. 
 Imnd \n any conveyance for the purjtose, and iicknowledg- . • 
 
 ing tjie samo before the Cliie^ Justice or any one of the 
 Associate' Judges of this State, or any person by them 
 thoreunto autliorizod', and certified by the Chief Justice 
 or Associate Judge, altid retorded \\\ Ibe'olfice ojT Pleas,* 
 shall be deein.e4 «s effectual and valid in the fftw, to all 
 intents and p»iHj>ose^, as any fine passed in due form of 
 
492 
 
 Li\v in Ilis Majesty's Court of* Pleas at "Wostniiiister for 
 
 conveying 
 
 of full aire'. 
 
 Av'J."' conveying land in Great Biitain : ProcuUni, tlio wtniian lie 
 
 *&' 
 
 A. A, iTia II. f.4^: An infant trustee ^llall l>e oaiiaMe, inidor tlio direction 
 
 7 .\iiii c. 1». A.D.. 17(ts. . , , . , . . 
 
 '"f""' Tr ^ rn.iv (,f tju' C'ourt of KciuitN", of fXi'cMit 1 ii^C iuw tjonvevuut'e re- 
 
 ,.f thcr...iri..( K.,.n!.v. ouircd bv .tljc Justice of the C'ourt. Au4 im the iietition 
 of ai^y persoii that lias the^equitalile estate, an infant, by 
 the direction cif the Court of Ecpiity, signified by au order 
 • made on hearing all juirties conecrned, may eonvey iimJi, 
 assure either lands or negi'oes in such manner as the 
 Court of E([uity may direct; an(l« such conveyance or 
 asi'urancc shall be as good and eftectual in law as if the 
 infant trustee were of the full age of twenty-one years. 
 
 A \.iw4.vi.23^ 24 In auv actioji or suit at law or in eciuitv for (himaires on 
 account of eviction, the true measure of damages shall be 
 the amount ©f the purchase money, with interest. 
 
 JniM Tenants and Tenants in Common. 
 A. A.. 1712. II. 471-j. Joint Tenants and 'J'enaBt.'^ in Comiiion, wlietlier in tee 
 
 A.D.. 153!'. l.'.4(». .;! ir.V ,.,-,. ,. l i i .• i i . ^ i 
 
 rap. 1; 32ll.s.rjii#M. (»r lor illc 4J1\ t^jrill OI VCai'S, aild wlict I UT (.'U 1 1 1 le( I to <^(^ual 
 Joint T<'ii;inli< HinlTcit-'" , ' i m i ii t i i • • 
 
 ants in cimii..,, ,,.i„t.,.i-()r uneuual cistates, sliaij lie comnellaole to make jiamtion: 
 
 lablo to make imrtitiiiniH ,» . , , , , , . . \ ii i ' 
 
 JTuruutt, that no such partition or severance snail he preju- 
 cjicial or hurtftil to auy person or persons, their luiis or 
 gnccessors, otlier than sudi as be parties to the Bald jiar- 
 tltioii and their heirs and assigns. 
 
 A. A..i7iti v.ir,2. The ileatli of a .loiiil Tenant shall operate aH a severance 
 
 Dcatli a KcvtTiiuco uf ,, , . . f 
 
 Jolnl Tcimncy. Uf tliejollll tcllUllcy. 
 
 A. A.. 174K. III. TOP; When lands oi- ncginjes urc uiveii or come bv descent or 
 
 1791, V. H.J; 17U'J, tfr . 1 ^ • • • 1 X 
 
 294. purohase U) any jh r us in copareinai'v, j»)int tenatK'y or 
 
 I'artitiun; prucceUing* . ' .,*■«. I * 
 
 therein. tcnaiicv 111 couiiaoii, utiy one ot tlie [lavties interested on 
 
 attaining the age ot twenty-one years, or it a woman, on 
 her marriage t(> a perjion of lull age, may have eithei" tVoni 
 tlie Court of Law or K<iuity a sumn^oiis in partition; and 
 Writ. upon retuvn of the summons duly t^erved may, on nuitioU, 
 
 take an order for a writ of partition Jo divide the estate, 
 
493 
 
 real or personal. Ami if tlio parties who arc of full age, 
 neglect or refuse to do so, then the guardian of them 
 that are under age may ai>ply in their names for a writ of 
 partition ; and npon such application the Court may issue 
 a writ, if the interest of the party will he promoted hy it. 
 
 The writ shall he directed to five commissioners, who shall .commissioners shaii 
 
 ' vide. 
 
 be lirst duly sworn thirly and impartially to discharge their a. a., 1791, v. 102. 
 duty; and shall proceed to execute the writ, and to divide 
 the property und make their return under their hands ami 
 seals. 
 
 If in their opinion the estate cannot l)e fairlv and eciually or make special return 
 '- . ' ' . . "f "i"" ^a''"* "f "'p prop- 
 
 divided amons: the parties interested therein without im-'-r'y /.'n^.t'>c »!xpeaienc.T 
 
 ~ *^ ... of a division by allotment 
 
 pairing the value of the whole or producing serious in- or ^y sale, 
 equality, the commissioners shall make a special return 
 of the value of the whole property appraised, and certify 
 •vyhether it will he most for the benefit of all ptirties to 
 assign the whole, or so much as cannot be fairly divided, 
 to one or more of the parties interested, making to the 
 ♦ others a recompense in money, or to sell the whole or any 
 part at public auetion for the l>enefit of all concerned. 
 And the Court shall determine, and make all necessary conrt shsn tetcrmino. 
 orders for a fair and equal settlement. And the estate, if ^^^ 
 allotted to one or more of tlie parties at a money valu- 
 ation, shall vest, by virtue of the order of the Court, in the 
 person or persons to whom it may be allotted, and stand 
 bound for the purchase monej^ without any further Con- 
 veyance. But if it shall appear to the Court that tli« • 
 tnterest of the heirs will be better consulted by a public 
 sale, they shall direct the property to be sold. 
 
 The sale shall be made hy the Master or Sheriff, accord- saie-how m«d«. 
 ing to the Court which lias possession of the case; and the 
 Court shall prescribe the t^rms of s;;:e; and the price shall,' 
 \n alT cases, be a lien on the land or negroes until paid. 
 
 Commissions, in the nature of writs of partition, may o>nimiMion« in the na- 
 
 ,.• •- i-»rj -Ti-' • tore of write of i>artJtion. 
 
 also 00 crranted 1)V the Masters iif Kouitv in vacation, ix^- a. a.,is+<vxi.iii. 
 turnab^fe to the next Court of Kquity for the adjudication 
 of the Court. 
 
404 
 
 Tenant for Life and TJemaindekman. i 
 
 ^.^?\1\}\, r., -^"^' I'^'i'-'^oii ^vho claims an estate in roiaaiiuItM' or oxpcc- 
 
 A. A^ 171s. II. SMI. * * ^ 
 
 Anvi.erK..>,«i...im.-nntanc'v, .^luill 1)0 outitled to tlic uid i)f the Court to a.sccrtain 
 
 intori'sl afliT lln'iii.-a(M oi •• 
 
 a"]'!!ru,eo"iM'nVasc^^^^^^^ tlio pcr.^oii ou wlio.^c lilc liisostato i.s susjk-ikUmI 
 
 tarn if that uthor be- Uy y^^ liviiio-. ^\,u] „p(,n liis affidavit tluit lic luit^ aiu'li au in- 
 terest, and has been ret'ii.^i'd a .<ii:lii oi" tlie i>».,'r.<on on whose 
 life his interest de}iends, and naniinii; the [lerson that ouuht, 
 
 A Oiancdlor. onliis p(>- . ,. .. '^..,. ^, 
 
 lition.iim.vprantanonicrm iiis ojtiniou, to produce sucli persou II aijve, any one ot 
 
 lliat till- pcTsiin named ii • t • t \' 
 
 prcKinrttueimiivi.iuaibe-the Chancellors IS authorized to direct the person named to 
 
 fore two witnesses. , • . . . . 
 
 l)roduce the individual on whose life the estate dejiends, 
 
 before two persons and no mpre, named in the order, at a 
 
 If su.ji or.kr bo upr- timc aud place certain, or show cause to the contrary. , And 
 
 Iccted. Court may grant .^ , , . i i i n \ j. ' n 
 
 a rule. II thc pci'sou iiamed in such order shall neglect or refuse 
 
 to comply or to show satisfactory causQ for nonc<unpliance, 
 it shall be lawful for the Coui't of Chancery to grant a rule 
 that the person on whose life the estate depends Ije pro- 
 duced, at a day and place certain, in tlie Court or before 
 commissioners for that })urpose appointed; two of which 
 commissioners shall be namftd by the party prosecuting 
 such ordei', and two by the opposite party or by the Court. 
 iriii.n.iebediKrepird. And if . sucli comiiiissionera shall certify that notice of the 
 
 oil. Die itidlviiliiiil shall be . •, -, • ■> • i i c ii i • ^ j* 
 
 tak.n to w dead, and sai^ oi'dcr was givcii, uiKi |jL Sight OI thc i»arty in. qtiestipn 
 
 claimant may take jiosses- ,, i.i ."^ iiiicii i^i i' i_- 
 
 sion. refused, the return shall be filed, and the party in question 
 
 shall be taken to be dead, and the claimant may take pos- 
 session of the estate; and the right to receive the income 
 of the estate as ri'prcsoiitativc, agent or attorney of the per- 
 son supposed to be dead, shall cease and detenuine: sub- 
 ject however to restoration and a strict account to the right 
 owner, in case such person be afterwards proved to be then 
 living. 
 
 Commission may bo If it sliall ajjpcar tluit the person for whose lite the estate 
 
 pcnse^of the claimant^" is held was lately beyond syas, it shall be lawful for the 
 
 party prosecuting the inquiry to send one or both the coni- 
 
 liiissioners, at his own exjiense, ty view the person who is 
 
 Theoniyciiangeisthntthe subjcct of tlie iiKjuiiT ', aiid if sucli }>ersoii be not })ro- 
 
 tlio Act is Extended to , , ' i l . . 1 i v j.\ / ^ j. 
 
 eitibrare overy( use oi con- (1 need upoii deiuaiid, agreeuoly to tlic order oi tlie Court, 
 
 cealment of the death of i- i ii i i ii j. 
 
 a person to the injury tlic saiiic ijrocecdi iigs sliail tuKc phicc as upon tjie return 
 
 of the heir or remainder^- . • ■ i -t • i 
 
 man. of the commissioiiers already mentioned. • 
 
495 
 
 But if it be made to appear that the party for wliose life u tho party be aiive, 
 the estate is held is living, and that the party in Court ean-canno\"iro.hire".im.7oin- 
 
 .• 11- ^1 I'iTiiiT i>l;iit)t to bo dismissed, 
 
 not compel ins appearance, the complaint shall be dis-witua-sts. 
 missed, with costs, and the possession remain unchanged. 
 
 Every person who liolds over after the estate under Kvcry poison who i.ouih 
 
 •'. ■■■ over afli'l- the estate un- 
 
 which nis possession be2:an is determined, shall be ac-'''^''^''^'^''«*"*•''■^''^** 
 
 A '^ _ ' cxpinMl, (kemea a tres- 
 
 counted a trespasser and liable to damages at the suit ofi"'^ser. 
 the true owner. 
 
 Dower. 
 
 Anv woman entitled to dower in lands of Avhich her de- a.a.. nsr,. iv.742. 
 
 " . . , ... 3Iodo of obtaiiiing 
 
 ceased husband was seized in fee at anv time durinff their ''"w<- 
 man-irige, may summon the lieir, if of age, or his guardian, 
 if under age ; or if there be no guardian, the executor or 
 administrator of the deceased; or in default of such heir, 
 guardian, executor or administrator, any other ])erson in 
 possession of the land, to appear at the next C\)urt of Com- 
 mon IMeas in the district where the land lies, and show 
 cause why her dower should not be assigned to her. 
 
 The summons ghall be .served at least ten davs before the soivic« of^inmonH iy 
 
 . ' be proved ou oath. 
 
 Sitting of the Court, and proved in open Court, on the # 
 
 oath of the person who served it. * ' 
 
 If the partv summoned shall not show suthcient cause Commissin., i,, th^ 
 
 '^ " _ iKitiiic ot !i writ of 
 
 against the motion, the Court shall grant an order for a'i""'^- 
 commission in the nature of a Writ of Admeasuremdlit of 
 Dower to issue. 
 
 It shall be directed to five persons : two of whom shall be Ai)p«iitmont ofcom- 
 nominated by the widow, two by the opposite party, and a 'iiieir oath. 
 fifth by the Court, commanding them, or a majority of 
 them, first to take an oajih, fairly and impartially, according 
 to tho best of their judgment, to lay ofl" and admeasure to 
 the widow, and put her iiufull possession of one-third inirt 
 of the lands of her deceased husband. 
 
 And when the commissionej's shall have taken the oatli, imncH lyi.i i.owprg ..r 
 they, or a majority of themr, shall lay off and admeasure 
 
496 
 
 the demandants dower and ivturn into tlio C'lt-'i-k's oittco a 
 general i)lat of the hinds, with a certificate under their 
 hands and seals, descrihinj; the manner in whicli thev have 
 made the admeasurement : an<l tlie said return shall be 
 filed in the Clerk's ofiice, and be final between the j>arties, 
 uidess set aside for good cause upon a])iieal in due course 
 of law, .K iHtrding to the practiee of the Court. And the 
 commissioners, or a majority, shall have ) tower, and the}' 
 are fully authori/ed in the admeasurement ai'oresaid, to 
 have relation and regard to the true value of the lands 
 in question. And where the same cannot be fairly and 
 equally divided into lots, ilien they shall assess a sum of 
 , money to be paid to the widow, u\ lieu of dower, by the 
 
 heir at law or the owner of the land. 
 
 onfaiiui. ..f iiiopa^y If tlic pcrsou scrvcd shall api^ear, and neither show sufH- 
 
 opiKjseil til widiiwV claim . ^ . ^.. 
 
 loapiKiiiit ...niniissiniien., cient causc uor ai)point commissioners, the Court .shall 
 
 Court i-liall appoiut for _ _ ^ _ 
 
 •'ini. apjioint them in bi'half of the party opposeil to the widow's 
 
 claim; and they, with the other three commissioners, sliall 
 • make an allotment which shall have equal foiee and valid- 
 
 ity as if made by commissioners mutually chosen. 
 • ' . * 
 
 Ti..a.fistiihceof8iir- ^^^^ commissioucrs may, if necessary, have recourse to a 
 ^veyorniiiybocaHodin. g^^yeyor, to ruii thc liucs and uiiike a plijt of the premises, 
 • • at the expense of thc oAvner of the inheritance. 
 
 A. A.. 1712,11, 422: 13 Powcr is forfeited by aduUery and elopement of the wife; 
 Forfeiture of Dower, but if licr liusbaiid bc recoiicilcd to her, and suffer her to 
 live with him a<j:ain, she shall be restored to her riuht. 
 
 A. A., 1712. II. 468. gG; A joiuturc or competent estate for life in land, settled on 
 
 27 11. ^. cap. 10. 1 ' • ,• • 1 1 1 i- • • 1 !• 1 
 
 Uuwer barriMi i.y join- thc witc witli Jicrcoiisent uctorc marriage, is a bar ot dower: 
 
 tiira frcttlwl *i«li roiiHont ■ .. , , ,. !•/• 
 
 ..f wif., before inarriace. but a lomturc aftcr mamage, uuless settled u])on the wife 
 
 but not by jointure after "^ . , •n i i • i 
 
 ■m. Tinge if she prefer her by au Act of thc Lcijislature, Will uot bar her in case she 
 should elect to take her dower lu preference to the jointure. 
 
 Kvicinn from jointMvo I^ » womau be cvictcd from her Jointure, the right to 
 
 r.-viveH right to dower. floWCr will fOVive. 
 
 A. A.. 1824. VI. 2.'!S: lu tlic assessnu'iit of dower between the widow of a 
 Valuation'''!/ i^mi for fomier owHcr and a purchaser, the value of the land at the 
 
 asspssment of doM^r be- .. . n ,t i« .. i ,\ t i i •i'L ' j ^ i i} 
 
 tweenwido« and pincha- time of- thc aH^mltion by the husband, with interest from 
 
 ser from Inisband. , i n -i -I'n'i i t • -x ^ i-\ 
 
 thg accrual of dower, shall be taken and received by the 
 
« 
 
 497 
 
 Courts of LaA^' and Equity as the time ineapuro of her 
 claim, and the vahie of lier (h)wer assessed accordingly, "i 
 
 Landlord and Tenant. 
 • Hheriffs, at the time of n>plevviii!2: ii'oods distrained for a. A.,i8yR, v,,667,j6. 
 
 ' • ' ' Shei-iff exfi-ntlng Writ 
 
 rent shall take of the iilaintifT a hond, with two sutHci on t "*"":'i''r''" ':''''" *'r''*'T 
 
 i rniity lor ik'turn ni goons 
 
 sureties, in donhle the amount of the iippraised value of the ""''"'>^"''" ''f i"«J»""' 
 
 iroods. conditioned not only for the return of the goods in 
 
 case of the failure of tlu' plaintift" to ])roseente his a(»tion 
 
 with .success, hut also to satisty the riMit and costs if the 
 
 gooils he "eloigned or prove insufficient to cove)- the <le- 
 
 niand. And such. hond may he assigned to the avowant or 
 
 conusor V)V endorsement, and may be sued by the assignee 
 
 in liis own name. 
 
 Writs vOf r<^plo\ in shall be returnabh' innnediately, and ii...?t- 
 le t^horitf with whom they are lod 
 return as soon as the writs are served. 
 
 the t^horitf with whom thev are lodsred shall make hisiunAi.irinuiuviiatdy. 
 
 ' The phdntiff in replevin shall declare within one month i,''-,^-/ . , ,^ 
 
 * I 1 Dc'claintioii in rcplown 
 
 from the day of the*entry of the writ in the Sheriff's office", l;;,,^;^ "f> mn ^l^^'^^^Z 
 and tile his declaration witli the Clerk of the Court, and "''*• 
 post a rule to plead, without waiting for any notice from 
 delendant. 
 
 ■'f 
 ' If goods he replevied, and the Sheriff iieglect to return n,. 
 
 ii -1 -jI • ii 1 1 • J • /v 1 11 1 .• , 'f Slinia ni^Iocf to 
 
 the wi'it withm one month, tlie plamtitt sliall substitute a ni.nn tu<- «iit in ono 
 
 . ,. , • ... , , , ,. nicintli. jilaintiff mav HUb- 
 
 writ as it tjie original was fost, to make the iu'oeeenings-titi.»- i wiitj aod if 
 
 , , 11 1- , 1 * 1 • i plaintjttu.;;l,«llO(lpcki-»- 
 
 reiruhir. and proceed as above directed. And in case no '» 'Hf 'i"htf«. '{"tftuaan' 
 does not tile his deelarAtion in one mont}i, the defendant """*'"»• ^^^^ 
 may ciner up judgment of moi ;)r<>.«. and ju'oceed accord- 
 ingly. 
 
 The dcj'cndant in rcitlcxin nuiv avow or make coffui/.aiKM^ >iit n (id. 2.^1.. m. 
 
 • . 11 T'.i, i. a. 
 
 frtnerallv, that the ulaintitf in rcTilevin or other tenant 'M' " r■■\,'■.Hut,h^^■^.i^,,r 
 
 the ]>r' inisc- whdreon siu'h distress was made enjoyed ll '^ 
 
 ' nndiM'an agreement or demise at a certain rent during 
 
 .:;. luue wlieruiu the taut wa& incurred, and tliat such rent 
 
II. 532 
 II 
 
 pT>lt 
 
 on 
 
 ifl||n»ui8 due, without fnrtlier sottinir l'«itnli tin.- title of thf 
 IjiiulJorcL 
 
 !^t«t. IT Car. 1 rap. T. Jfilio itlaiiitHK III T*] .li'vii I bo DO}} 'pro'i.'irff or bocome 
 
 .532. . ' ' '^ • 
 
 If i.iaiBiif tr >»""noniJUit Wforo uv.owrv or <'oL'"iiizsiiu't'. tlir <lt»t\'iiH:nit ma? 
 
 »"''• " ontiT ni» indu-TiK'nt niid smo tin- nMiloviii-bolid, or }\o mav 
 
 itthJ-sst >i«^''*^ •*'^^^'*^' '* »*iiK^?<^'^tJ(>n in tIk* ii«ture of an avowrV or ctijjMizarw'o, 
 
 ■^^mv,mvmc^<^Y and t«kc an (.rdor that the hHioritt' imjuiro l»v tlio o»tthfl-of 
 
 twelve men of iha anionnt of the rent, and Ijow much 
 
 lias been satistiod or made ^"-ood l>v tJae sale of tlie ir«oiip 
 
 di.struineil. if any; and upon tbc' return of the ititniisitioiv, 
 
 . tiie defendant shall have judt^DieiU to njcover tlie arreare^efr 
 
 with hi- <(>sis of sjiit. And if the plaintili" ho nf»n8nit after 
 
 avo\\ ry <•!' < <'i;ni/.;uMe niadc, then the «:a!*c shall hr put 
 
 the Inquiry J>o(ikt;t, ami the jiii-ors cnipain'llcd to sopv 
 
 during the (\inr( shall make the inqiiii-icK aforesaid, us i 
 
 cni«e of jtnl<i:nient hy default; and tlic a\i)waiit, oi- he tliat 
 
 lUiikeiB co^ii>iance, shall have judirnicnt and execution for 
 
 all arn'ai'iaifoe and costs <»f snit, 
 
 ,,„.^. ^ When the Sheriff is to make tlu- in(iuiry Ity tho<taths oi" 
 
 , ' twelv^ nieu, tliO jury sh:ill he di-awn out of tlie Imxes 
 
 tliree and four containini:^ the list of talesmen. 
 
 A. A. 1S17. VI, f.7.?3. f No parol leasts shall irive a ri'i'ht of pos><ossion for m6rf 
 than twelve months from the eommencement oi" it; and all 
 'parol lettiiis^-s shall ho considered as* leases for one year, 
 unleoe » shorter time i>d'exppefetjly stipulated. ' • 
 
 Xo lease for more than twelve months shall he. valid 
 tease* fi.r m,nf thnnaffaiust third prrsonci, unless reeorded within tliree monthp 
 
 throD month* t« hv rf- f^ 4 ' 
 
 corieii. ^ from the ilatc of the exeeution thei-eol"; nor any ]»aynieBt 
 
 in antieipation ol" rent lor more than twelve tfionlhs ip 
 ad\ance avail a<;aiiist exeeution ereditors and sul)se(pieiit 
 pureliasei'H without noiici". 
 
 A. A.. I'^n.vr.r.v. If any tenant at will or hv written or pand demise or 
 
 m»yi,e ojocted bv an ill- agreement, or any prison eomni;/ m uhcu'i' such tenant 
 after the expiratitjn of his term or the determiinition of the 
 landlord's will and demand made, shall refuse to pve pes- 
 .session to the landloid and hold over for the spaee of 
 
 qiiMt 
 
 4 
 
499 
 
 ten <]iiys, the landlord, by a 8hort petition in writing to two 
 Justices of th(3 Peace of the' district, setting forth the cir- 
 cnnistanees-generallV". niay apply for an inqncst of Ills rigJit 
 of possession. 
 
 AVhorcupon, the Jnstices shall issue their warrant to the mo.io of proceeding b> 
 
 ' _ _ two Justices j^>u jury. 
 
 Sheriff, commanding liim to draw and summon twenty-four • 
 
 freeholders to appear before them at a time and place cer- 
 
 tltin, to hiquire into the trutli of the matters alleged; and 
 
 shnll summon the defendant to aiioear and show eause whv *■ 
 
 possession of tlio ]»remise8 should not be awarded to the 
 
 idaintiff. And the jury having been drawn and sworn, tiio nic^ to be foui.<i 
 
 shall in(piire into the truth of the matters alleged on l)oth 
 
 sides, and shall render their \erdict according to the evi- • 
 
 denee: and a recortl of the proceedings shall be nnule up - 
 
 and signed by the Justices and freeholders: and if the jury 
 
 find that the defendant Was in under the plaintiff or his 
 
 lessee, or some person claiming under him, an<l that lie 
 
 holds over against the plaintiffs consent, the Justices shall 
 
 issue a warrant requiring the Sheriff to turn out the defend- , Wanant to p«t uud- 
 
 '■ *- lurii in (insReMion. 
 
 ant and a'll claiming under him, and to i>ut the landlord in 
 
 possession of the premises, and lev}- the exjtenses of the 
 
 inquest as taxed V)y the Justices, of the goods or property • 
 
 of the (h^fendant. , 
 
 The jnrv shall be (b'a\\n in the presence of the (^lerk nw. i.nt in conibrniit.i 
 an<l Sherifr out of the box of talesmen, as m other easeft; ni. jsm. 
 
 ' A. A.. 17.11, J 23. 
 
 and from the twenty-four (h'awn, twelve fi-eeholders shall uomjoiy to*<ir-Jwii 
 be impanelled to serve on the jury of inquest: and in case 
 the twenty-four first dra^'u shall not furnish tA\ elve free- 
 holders aftei" all challenges are exhausted, the defect shall 
 
 be su}i}»lied by drawing till the number be complete. 
 
 . ^ . • '*> 
 
 The jury shall be elected, subject to the same right of n.., f.^ f 
 
 1 11 ' 1 1 11 1 I'll 1 !• KiL'lit ftr* irtciipt 
 
 challenge and shall he hahle to the same tines; for n^uiat- . • 
 
 tendance as other jurors. And the .lusti(< - miy m mnithe 
 name» of defaulters to the (Merk of the ('(uirt tt» bo pro- 
 ceeded against aiid fined for nonattendanee, as in other 
 cases of default. 
 
 The Shcriirs conqtensation I'oi'sumnioiiing the freelioldeis '■, \ -i: vi* - » 
 shnll be ten doll;ii>. .md tlic Ju-.liets, for tryiug lh(' > ., ^i 
 
 Bhall be entitled to ten d'<llar>, to he paid by the party ' 
 
 4^ 
 
ng-flinst \vli(im tlu- vonliot i^ fonnd, fiii«l jvoovcred hv a war- 
 rjnit tVoiii tlio Jufstuof. 
 
 < .-'•'•'"■' 
 
 ii>..*:. * The Plierift". on refeivine a wai-rant from th«" Justices^ 
 
 ghcriff may break (l.HiVs . • i ii • i • 
 
 to Mecute warrant. put tliG party 111 ^^os^;esslon, 8hall execute the same within 
 teh davff: and for that pnrpope may hrealt doors and call 
 ' tlie posse <'oniit<Ttiis to. liis assistance if neeessarv. 
 
 lb., j7. And if tlie Slierit^" vofiiso to do liis dntv as iierein rt*- 
 
 fuf4i;fao{.l'.nt';.''^'''"qiiired. he shall forfeit and pay live hundred <hillais to the 
 p«rty a^^e^'ed, to fee re^ovet^d hy action (»f deht in addition 
 . to an actit)!! for (haiiififfes. 
 
 « • 
 
 ib..?f. If any tenant shall make material alterations or rem(»ve 
 
 •Tonant to fcrfcit hin . ., ,. ^ , . i • i • i • • i- 
 
 lomsc bvwa8t<- ..r iim«i. ou udi iiiTs Oil tlic iireuiises (leiuiscd u itliout porniKSMon nr«t 
 
 tboi'iir.fiM iiAiiit>Yeiiii.'iits. ', , . i • i i 1 1 i i i 1 1 • • • i 
 
 had and obtained ol tlie landlord, he sliall tt)rleit tht rosi- 
 due of his term, whetlier hehi under demise or asfreeiuout, 
 })ar.ol or written. And for eiiforeins? sueli forfoitme, the 
 landlord sliall be entitled to the same remedy as au'ainst a 
 tenant holding over. 
 
 liEXT.s. 
 
 t 
 
 A. rt, ^ma, 2 w. ami .Wherever the rent is certain, the remed3' by distres>i lits. 
 cjm.(i.-; .listrainca to i.f The iiersoji distrainiiiir shall caiise the o:oods taken tor 
 
 ap]>rHi8edaii(i uiay rx-nul(l r ' < c-i . 
 
 i:. flvc days. ■ _ r^-ut to be appraised by two sworn appraisers. The oath 
 may be administered to them by the iSheritf, Deputy 81ieritf 
 or Constable; and if not replevied within live days, the 
 igoods may lie sold for satisfaction of the rent, leaving the 
 ov^^rijlns, if any, in the hands of the Sheriff, Deputy JSlieriti" 
 or C^^nstable I'or the use of the owner. 
 
 ii...an.i n o#>. 2, r:ii). Jt sliall bc Unvful ior aiiv person having rent due to him 
 
 19. ?«. 11,574 . ■ ' 5' 
 
 Mii.v distniiii f»i oj"'.. IT ,,(),-) Jeuiise, lease or conti'act, to distrain upon any coj-n. 
 
 etc., Bcvarfrt. «v (triMtiicc 1 i ^ 
 
 •f^""'"s-. hay or other produce sevired from the land, or growing ou 
 
 any part of the premises, and to impound the same without 
 removal from the jiromises, otvthe same to gather and store 
 till ripe, and after ap})raisement to sell the same if not re- 
 plevied within five (hiys. 
 
 • '•'■•*^-"- , * But if the monev i]uc for rent and tlu^ costs be paid be- 
 bc^^^fl'^.'rtt u'^ii'^i^c f''^^^ ^^^ corn, grass, roots or produce be ii)>e or gathered, 
 *ud gathered. ^^^ distress sliall cease and the produce be delivered to the 
 
 4 
 
5C1 
 
 owner. And notice of the place where sucli produce is 
 stored shall be given to the tenant or left at the last pUice. 
 of liis abode, within one week of the distress. And all dis- i''-. no. 
 
 All (iistiessos may bt 
 
 tresses may be impounded on the premise!^ and sold there. !||.''i"'"'"'<'"' o" the i-r.^in- 
 
 Pound breach. or rescue of goods or chattels distrained jj-.^^^'"'^^- ''*•'• \«' 
 for rent shall' be good cause of a special action on the case,,,^![;i"",'^„^„g"'^|'"*^^^ 
 by the party grieved, who shall i-eco\er from the wrongdoer, 
 or against the owner of the goods in case they come to his 
 use or possession, treble damages and costs of suit. 
 
 For wrongful distress and sale where no rent is dye, the u... ?.^ 
 ])arty grieved sliall liave nis remedy l>y action ot trespass i>ie to a.mbie damugoF 
 
 . . " . . ' * and rosts. 
 
 or case, in which he, his executors or administrators shall 
 i-ecover double the value of the goods so distrained and sold, 
 with full costs of suit. 
 
 Ko "gddds ol' chattels lying or being in any house or 6H«*.e*in,«n).*u n. 
 premises let to farm, shall be liable to be taken in execu- ■''^';,„. ,,,„„ rout t.> be 
 tion on any pretelice whatever, unless the rciit due for the^','. '"''"'■■'' ""•'' ^'"'"'' 
 premises be first paid to the landlord, not exceeding one 
 years rent. ^ 
 
 And in case the tenant do fraudulently or clandestinely <i... j>2. 
 
 ^. ,. .1 1 • 1 ' • 1 • 1 ' Stat.ll (ico. J. (HI.. ly. 
 
 convey or carry oir irom tlie demised ])remises ins goods or it. .'ivt'. f ». 
 
 ,*,.,.' 11111 1 r- (4tirMlf« fi-HinIulentlv K*- 
 
 chatteis with intent to prevent tlie landU>rd or lessor tronimovci may bodistniiucj 
 
 T • • -^ 1 II 1 I 111- 11 ]i 1 1 within Unity <Vvs. 
 
 distraining, it shall he lawiul tor sucli landlord or lessor, or 
 any person by him authorized for that purpose, within the 
 space of t.liirty d^ys next ensuing the conveying away or 
 carrying otf such goods, to take and seize such goods and 
 chattels wherever the same- may be found, as a distress, 
 and tlj,e sailie to sell or otherwise dispose of as if they had 
 been distrained u}ion the premises. 
 
 Pt^Qvided, that nothing herein contained shall extend to n,., j... 
 eni[»ower the taking or stjizing of any goods or chattels aVs.'^!-.;.^ *"*'??'■' " 
 that may have been^sold, bona Ji<h and for valuable conside- ,„rrciu!^er8 j^a^fc.''"" 
 ration, bidbre such seizure to some person not privy to such 
 fraud. , • 
 
 If any such tenant shall fraudulently remove or convev ..f;'"'-." ""••2c«r'9 
 
 ■ • " W.lnz. f -i. 
 
 away his goods, or if any pei'son shall knowingly aid and^J^'^'^j^^'i'^^""^""'''*''"* 
 assist such tenant in conveying away or concealing his 
 
gofxls as uforesaid. evorv puch oift>iulor shall forftit to tlMi/ 
 party fl^rieved double tlio value of tin' goods, to be ruconw 
 (*red hv n<tl<»ii oi' debt. 
 
 •'••?"• , , . *Aii(l it sliall bi' Inwriil to bn'ak llic door of niiv burldina' 
 
 fpnnn mn.v be linden ^ . .. n 
 
 • . H^ertit ukx^iiv in whiob sucb ffoods mav bo i«oorotod : I^'orhhrL sneb 
 brenkin<^ be in the dnytime bv a warrant of a JnstTce of 
 the I'eaee, upon oath made of a roAKouable fljround tn i*ui» 
 peet that such coodfl are concealed oi* secured thei'ein. 
 
 ii-.ii- Attoniiiu'iit to a atra!i<2:er bv a tenant sball be void aiid 
 
 Attornment to »>ti'yi- , ^ '^•. f \ 
 
 i:of null anj voi«. sliall iiot chaniTO the poispcFfpion of the lantilord, nniess 
 . made in jmrsnancG of a jndamiont at 1a"\v or decree iu 
 equity, or with the consent of the huullord or to tlic mort- 
 • g^gGC after forfeiture of tbc niortg^age. 
 
 lb.. |i4. And.vvlR'rc the relation {)? huidlor^ and tenant iii not oi'C- 
 
 ■ "[.fttion. ■ ated by deed, it sliall be lawful for the lainlloid to rccqvev 
 
 a reasonable satisfaction from the tenant by an action foij 
 use and .occupation ; -and iu »ueb action "a parol demise ot 
 agreement for the payment of rent shall operate only n.s au 
 evidence of the (luaiitum of damages to be recovered. 
 
 « 
 
 lb. ns. ii.iifB. If tenant for life should happen to domi.se the premises 
 
 A |ir<jpiif»i<.nnl»>e loiit i -i' ^ c i i i-i i -ini 
 
 fa) b.- paiii t. 111. r,|,i*-an<l (lie l)etore the day on whieli rent was due, it shall be 
 •'ft lawtui tor hiR executors or administiators to recover by 
 
 action on the case a pro]>ortioiiable rent of the last year or 
 quarter of a year or other time, during whii h the rent was 
 growing due in the lifetime of the deceased, or the whole 
 ■ that was due at his death, if he died on the day w hen tho 
 rout was payable. 
 
 ib..?io. If a tenant in arrear lor one Ai-ai's rent, where the rent 
 
 If premises bcdpspi-t I'll, ,. i ' i i ,. .1 
 
 landlord, with api.i-.*,.- reserved is three-tourths oi the vearlv vanie ol the prem- 
 
 tion of liruiliinirus. may , 1 1, i 1 . '11' «< • ■%• 
 
 dotermiw itiuse. . 1868, -^hall dcSert the prem>8eR and leave not anmeient dw*- 
 
 • tresfl to countervail the rent, the landhuvl may ix?cover 
 
 possession by the assistance of twu .lustiees of the l*eaee, 
 
 • who at his request will go on the ground and atiix.on «ome 
 
 conspicuous part of the premises a notice that they will 
 
 * return on ft given day, at the distance of fourteen days at 
 
 least, to view the premises again. And if on such second 
 
soa 
 
 view the tenant or some one on liis l)elialf do not iippear 
 and pay the rent iu-arrear, or t*liow ii siilHeicnt distress 
 upon the ground, the Justices may put the landlord iii 
 poes/essioii, an(l tlie lease thereof, as ti> any demise therein 
 contained onl}', shall be thencel'oi'th null and void. 
 
 I^rovideif, that such ]>rocecdings nuiy be exaniini'd in a 'r'naini'iuny anu-iiu 
 summary way in the next Court of Comqion Pleas for the 
 district. And the Court may award restitution to'the ten- 
 ant with his costs, to be paid by the landlord, if they see 
 capse tt» (k) so; and in case they ailirm the act of the Jus- 
 tices the landlord shall .have his costs, not oxceedino; thirty 
 dobars, to be paid by the tenant for his frivolous appeal 
 
 If a tenant after <?ivinu- notice in writins^ of his intention a.\..iwis. v..%.-.. ? i. 
 
 'fVn;iiit nfi ' ' ' 
 lici' must 
 liinbis rt'iit. 
 
 ., ,1 . 1 11 J. 'i. T X 1 • i.' 'lVn;i lit after givirts no- 
 
 to qint the premises shall not quit according to his notice, ti,-.- must ,iui», or pr.v 
 
 but hold over, he shall pay double the rent lie would other- 
 wise have been liable to pay, at th^ election of the landlord ; 
 wlio may consider such notice as a termination of the ten- 
 ancy, or Iv^ld "the , tenant to tlie term^ of his lease; an4, 
 such' double rent shall be recoverable by debt or distress, • 
 ai^d payable quarterly. 
 
 If a tenant, whether bv demise or parol, or anv person ll...^^ 
 
 ■ ( , '^ ' , Tenant liol(lingover af- 
 
 cominof in under such tenant, shall wilfully hold over after t<* three iM<,nthB notice 
 
 "-^ _ ' • til i'"f*'""l''e rent. 
 
 the determinatiou of his lease or agreement, he shall pay 
 double the rent reserved by his Ifease or agreemeiit, to be 
 •recovered by debt or distress, and payable quarterly: Pro- 
 vided, notice that possession will be demanded at the end of 
 the term be ficiven three months before the <leteniiination 
 of the l^ase or a<;reement. 
 
 All persons sued in trespass or case for distrainimx, or stm. ii oeo. 2, cai.. nt 
 
 entciMnn' upon anv premises to distrain tor rent aue in ivrsmiM nnci in ue-. 
 
 ' ' , " . Ill 1 • 1 1''"^'' *"' '"**'' '"">' I'''''"' 
 
 respect ot such iireniises. mav plead the <reneral issue; andnie Kenemi i*uc: and 
 
 '■ , .',..'. . pemoiiH Hiieil ill n-nlovln 
 
 all persons sued in replevin ibr distraining ior rent, may"«"/av..w gcupraiiS. 
 fnake cognizance or avow ganerally ; and if the plaintilf in 
 replevin discontinue, be nonsuit, or cast in the n<-ti<>n. he * 
 
 sh<dl be liablp to doiTl»le costs. 
 
 Where a lawful distress is iiuide, the landlord qr person l^Ji,!!?;! not t.. i... con 
 distraining shall not bo deemed a trespasser ab with on j;7/,v^!v'a,Iy7ubT^w^ 
 account of any subsequent irregularity or unlawful act ; ''^'^*'^"'""^' 
 
504 
 
 1>nt the ]»artv trriovcd hy ?\u-h irrcjulanty or uiilinvfiiT act 
 mjjy n'0(tver f»ntist:iction for tho dnmaco unstained tlieroby 
 in an action of trespaR? or cnsc lint no tenant shall tv- 
 ehver in any fsndi action, it" tender ot" anioncls be made hy 
 tlic jiarty rliiJtraininir l»cforc action l>rong'bt. 
 
 , /\V:,l •^"- '^- ^ Aliv person to wliom rent niav 1)C (hie bv tenant fi^v lite. 
 
 ^ 4. 11. i>4S. " •! ' 
 
 t, Jan t' for Wo!"' ""''""^ i"ay recpvcr thc sathe by action of :deT)t. 
 i'>..?fi-'- ,. . All iK'i-.-ons to whom rent may be owini!" mav distrain for 
 
 Distress to lie for rent • •^ . ' ,* 
 
 arrruing after ioa.sc Vx- tije samc npon ten'flnts who .hold over, as .wetl for rent 
 aecrtlcd dnriiiu- the term as foi- rent aec^uinw after t^ic 
 determination of tlie demise, lease or aa'reenicnt: 'T^-orfdcd, 
 such distress be made during the contimiauce of the laud- 
 < lord's titlq aud the itossossiou of the tenant from \vhoni 
 such arrears ai-Q ^ue. 
 
 A. A.. 1827. VI. 329: In St. Pliilinsand St. Michaels no distress shall be made 
 
 182» VI. .3S8. '- 
 
 Distrctf in .«t. i'iiiii|.s (jxccpt by Warrant qf distress and bv a lawful eon.^table. 
 
 and St. Midi*i<'l». t.i !)<■ Z ' ■ 'v 
 
 ma.ieoniy i.y w^«i rant ..f ^or shftll any Justicc issuc a warrftjit of distross, .exccait, one 
 '^^;;|i, ""''''"'• of the Board of Magistrates; nor shall any distress w»r- 
 I'ant be gnuited without an affidavit of the sumdne. as In 
 case ot" Ijuil. See ojd(\ 18G. . 
 
 MortTGAOKS. 
 
 A. A.. 1791. V. 170. ^(j niortirairoe, while the morta:aifor is in possession. 
 
 Mortgagee not oitilUd .'^ . ' o o r 7 
 
 to possession. sliall be entitled to maintain a poHsessory action for the real 
 
 estate mortgaged, even after the time allotted for tiie pay- 
 ment of the money secured by the mortgage is elapsed; but 
 the moilgagoi' shall still l»c considered the owner of the 
 land, and the mortgagee owner of the money lent or due, 
 and entitled to recover satisfaction for the same out of the 
 V land. 
 
 .\. A., 1797, V, 311. Frucldal, that llie mortgagee, even during the possession 
 
 .Mortgagee may take i i i • • i i i • 
 
 reiPMe o*" equity of re- ()f the morteraiifor, shall be so far considered as havius' au 
 
 dcmption. o o ' ^ ^ ,c 
 
 interest in the land as to be capable of taking a release of 
 the equity of redemption; and that such release to the 
 
 iiitriitos awl 
 as in case 
 
505 
 
 mortg^igoe shall vest in liini the entire and ahsolute estat-e 
 of the niortgngor. 
 
 If after the execntion of a morta-ago of real estate, judg- AftiVjV,t(|my;it*'ri>*nv- 
 Bient should be recovered against the Diortgagor on sfune !i!.iTl/omvt' '^f *r"mm^^^ 
 other canse oi action, and the mortgagee should atterwanis n..' uinitKa-,.i pmrerty. 
 (^btain judgment upon the debt secured by mortgage, it sliall 
 be lawful for the Court of Common Pleas on such judgment 
 being obtained by the mortgagee, to order the sale of the " * 
 
 moitgai;e(l property for the satistaetion of the mortijage. 
 
 And in such case the Court may give a time not exceed- n.. 
 
 , , . f , 1 11 J. 1 I 11 Tiiiio limy Iio allowod 
 
 ing SIX montJis l)etore the sale shall take place, and also aiKfuio the Niiio. within 
 rcasonahie credit, not exceeuiiiii' twelve months, on the saleamx't jiay tiio <io..t Hn.i 
 of the proiiertv. And bv such sale the mortgagor shall be j'l.i-' <**'! tiio .'.in*v of 
 
 ' ^ • ■' , • 1^ o iriii'iiiiitii'Ti be ^ iKUJipd 
 
 • effectually barred from the equity of redemption. Bnt^f, 'UtI'.v 
 hi th^ meantime, the mortgagor do pay or tender to the 
 plaintiff the pnncipal and interest of his debt and the costs 
 of suit, the sale shall not take place, and the mortgageo 
 shall enter satisfaction on the mortgage. 
 
 By the entry of satisfiiction on the record of a mortgage,, i^. 
 the premises shall be absolutely dii^charged from the lien ti.^'\cro'ni^"»''fiV°d^ 
 Without the noccRsity of a reconvfeyance. 
 
 "Where the same lands are mortgaged at divers times, the U).. ?.3. ' 
 mortgsiges shall be paid iii the prder of time^ .as recordociv murtgagos. 
 See Sdiisfaviion, anii\ 250. 
 
 That convevance, sale or mortgage of land which shall a. \.. ir,ns. n.i;!-. 
 be hrst recordea in the liogister s omce, shall be IcuallvfiiHt r.n.r.i.d to be 
 
 ' ^ , ' ' (lecnip.! tha first. 
 
 taken to be the tirst; and that sale or mortgage ot ncgi-ocs, 
 goods or chattels, wliich is ijivst recorded in the ofHcc of the 
 Secretary of State, shall be legally taken t*) be the first. 
 
 Everv person that shall mortiraffe the same lands or tone- »!rt.4 rh.i 5 w. a*, 
 
 " ^ . • ' . . • rap. 16. n. ft3^ J^. 
 
 lneiit« a second time, the fonner moit<ra<re being unsuti»A MortKaicinR twice with- 
 
 ' • ' out notice farfeits right 
 
 tied, and shall not disclose to the second mortgagee tli« «" redMrn. 
 
 existence of the first mortgage, shall havt' no power or 
 
 liberty of redemption, in ^quity or otherwise, sfgaiiist the ' » 
 
II.. is 
 
 fWI.! .1 ll 
 
 Ih,i- 
 
 RUbsequeiit mort^igee, wlio sliall Ik- at liliom' to l.okl the 
 jireinises like an absolute purchase. 
 
 1....I Aixl if any ]>or.'<oii sliall lion^Av money and vohuitarily 
 7i uivc a jnd^iiient to svcnie tlie [tavnu'nt of the delit^ or fot 
 
 <Uiu#kW ' the payment of any other <leUt, for valutible oonsideratioft, 
 
 and afterwards bonow tithir nu>uey or become indebted 
 fur valuable couBidoratioii, and mortfi^ajjf^ hip lands to the 
 * • second lender or creditoi*, and not '/we notie« of the prior 
 
 judgHient, he shall lose the ben<3tit of redemjttion against 
 such mcu'tiji^a^a'e. And sudi mortgaijee sliall hold the 
 ltremis€s as upou an absolute sale, unless the nwrtira^^or 
 sliall pay oif the judffuient within six months, and cinise 
 the same to be satisfieil on the record. 
 
 V\''*- ■: i^/'of'f/"/, that when there are more morto-ayvs than ono 
 
 iiinvrf.i.et, |,ri,„ „„„t. against thc sauic land, ;uiy (»n(' oi the late morlLCagx'e^ 
 sliall have the Hi^ht to redeem any Ibrnu'r mortgage lijjt 
 jtayiiient or tender itf the money due thereon. 
 
 aTa.. 1712. n. TAT. If negroes, idate, fjold or silver, oi* anv o;oods or chattels 
 
 personal prjn>er(vM.n,.v'lx! luorticaged for payment of money, and iiossessiou aetu- 
 
 • ■" ■ •* ally delivered to the mprtgagee, and the debt be uot paid 
 
 for two years after tjic day of payment elapsed, tl^e riglit ot' 
 
 redeniption sliall be forfeited and the title of the mortgagee 
 
 absolute. 
 
 A^..i7«*i.ni rmvjiD. All sales of mortgaired iiropiTtv shall be made in the 
 propcitv. .several districts, at the limes and phu-es nxed by law lor the 
 
 sale of property under execution. 
 
 AsS'KiNMENT l<'OR 1'aV.MKXT OF DkBTS. 
 
 A. A.. 1SJ8 VI .V..1 AVhenover a delitor sliall assign his property for the ben- 
 
 i^malie t?ayS'H''n'.r<^^t of liis crcditors, they shall be authorized tt) ajipoint one 
 lTTnnrir'e,iVmn,umVMr'!^<^ uiorc agciits, ccpuU to the number of the assignees ap- . 
 i*^'*'""' pointed by the debtor, to a<;t on their behalf in the adminis- 
 
 tration of the trust in conjunction with the assignees, and 
 with the saiue [»ower8. 
 
 . n>..36fi. It shall lie the duty of the absignces, within ten davs after 
 
 Ahs1(j;iicc's slinll call a ./ .^ > 
 
 meeting of creditors in ^he exccutiou of tlic dccd of assi^•nnlent, to call a meetinc: 
 
 ten days. ' -^ " 
 
 of the creditors for the appointment of their agents; and all 
 
507 
 
 imles made by sucli as8i2:ili^e8 prior to the appoiutincilt of 
 agents l>y tlie creditors, slmll be null and void. ' 
 
 If the asBisnoes delav to call a ineetino; of the creditors II.'- . 
 
 '^ • '^ If afisigncca delay to 
 
 as aforesaid, the creditors may meet and apitoint tbeir owif/'" ♦'•• m<'''t'np c'<"<i'- 
 
 '' i i tins limy iiu'i't .incl np- 
 
 agents, either one or more, who, on appli(;ation to a •J^U(lge[,';),"[..^|!|;^/;,)''y^';;j^'j^^ 
 of law or equity, shall be entitled to au order directing "''"'"''• 
 them to take possession of all the property assigned, and 
 administer the trusts of the assignment to the exclusion of 
 the assignees. 
 
 And if the crcnlitors delay to appoint their ao;ents for '!»• ,., , , . 
 ten days after their meeting, the assignees may proceed il"'"^ '""^''" f*:''"*r»^'''*''" 
 
 » c5" "^ J 1 ifrdd may net to thoir e.\- 
 
 forthwith to dispose of the assigned effects to the exclusion''""'""- * 
 
 of the creditors, , ^ . 
 
 [n the ap]iointmont of agents for the creditors, the ma- ii,. * ' 
 joritv of the dehts repre.>^ented at the meeting shall g()verii.f.,,l'm1k!''i'!,!n\'^,r'i>!ryty 
 And the agents so appointed sliall have eo[ual [xnyer with a.. .ii*t>n*Mo« .i tu^i- 
 
 .-t . "^ ,1 .'i iiiii tiU.' V!«liit willH^aliHilitfur- 
 
 the asSign-ees over the property assigned. And all sales or reii.e ,4 »->iHH>«> •n.i 
 
 dispositions of the assigned property, without the concur* 
 
 rencC of the assignees and agents, or a majority of them, 
 
 shall he null and void. 
 
 Tf the assiP-nees and accents differ on anv oucstion and \^- , , „•. . 
 ha equally divided, they shall apply to a Judge of the Court ;:;"i'|;^^"''^**'''"*"'^ 
 of Law^, 6V to a Chancellor, to appoint au umpire, whose 
 decision sliall govern. 
 
 The assignees and agents shall lav before the creditor!?, n-. 
 or su^h committee as they may appoint, every three months, '■'> 'j"*' "■■ omits i.,faie 
 an exact statement of their proceedings. , ' m .ntii«. 
 
 The creditors or their committee may call the assignco^ ib. *. ,, ,. 
 
 - ■ . ', ^ • \ n i_ Creiiitors nmy call WP 
 
 and agents to accouut at an}- time they may tiiink tit, tiMacroutitsoffciior. and 
 
 ,,,,, , 11- 1 ""•>■ ^'^"»"* ••"'''^ agents. 
 
 though less than three months may have elapsed since tu^ 
 last accounts; and may, when they think fit, dismiss their 
 agents and appoint othere.iia thoir stead; they may, also, 
 fix and prescribe the lime and manlier of selling and the 
 terms of sale, and order a distribution of the assets, in 
 iiaiid, and direct the tinal close of the t-Kiioern. 
 
5W 
 
 AmfgrniM an.] ag-Hit. "^^ asf^iiriieOB Rtid H^ciitb faiiiiiif ill tlieir'dutv to lay a 
 forwf lh^■ir^'*nu^^^^^ of tlieii' |>rocoedin.i?s Wore the oroaitov^ or their 
 
 ami t.e imi. ,•. coiMiMittt'C'. or t(> (A)vy tlu'lp <li TOft i( HIS, shall forfeit tlu-ir 
 
 conmiissioui^ and be aiirfwerahk* ft»r aH (hnnacfos rosuhiiig 
 
 from tlu'ir iiiisconchHt. 
 
 'i""*' The roiiin\isi*ion to \vlii(h the assisfneos and neoiits arc 
 
 Ctuniii*"-!"!!" liv.- |MT ^ " . . 
 
 co.it. oil i.v.ivi;,;; aii.i efititled shall he five ikt ri'iit. on ri^H'civinff, himI tT^'t* and 
 
 iHu and II liulri'ii i>»vni);. ' • 
 
 •re-half i»or cent, on imying, to bo 0(|ually divided ; that 
 is to say: one half to tin- a>siL''iM'i's and unc half to the 
 agents. 
 
 V Debtor and (-ukdituk. 
 
 A. 
 
 i».. 1712. :•. niMi 4 Kverv crexlitor 1)V bond or spoeialtv may sue the iieir 
 
 W. * M.. cap. 14. n. 534, ' . . . * ^ *^ *' , 
 
 ?•■'■ and deviijce jointly or severally: and the devisee sliall be 
 
 Bond rrcoitor way cuo "' • 
 
 heir ann.Kvte^c jointly (.hara:ca(lde for a false idea in the .same majiuier as tlic lieir. 
 
 iMifi't' .-i«.f. ♦..fnr* ic- -^'^ ^*^'**^ ^^'^ ^*^'^" '^litill alien before aetion brou^jjht he 
 
 Ii'!^i.*'r^.^fl!i'«.*?f'tl!r,'*i''ill l>^' 'iiil*!*^ **> t''C value of the hind, and execution t^luill 
 
 ''""^' ' hn tiiken airaiui&t the^ h«ir to the value of the land as if it 
 
 ^vari Ids own debt; but the laudis aliened before action 
 
 bi'ouirht shall not be liable to such execution. 
 
 To'.i.*! ...1 ftpiHaity "^^ ^^^y action of debt on f^peeialty, defendant may plead 
 ':^:i'^:J:;^ j>n-<UsnvJ, and the plaintiff reply that he had lands, 
 
 liL,T\"f.'!rl^'aS?.t tenements, etc., before the original writ ])i<)ught or bill 
 r^Md«i'uirfr'VrV^"»ii ^^^^^ '• iiii*^ if found for plaintiff, the jui-y may inquire of the 
 
 value, and tiiereupon )U(lij,-ment be given and execution 
 
 a\\;u'ded. 
 
 A.A.. nt^.v.:iao;uii<i, Assia:njL'es of bonds, notes not neirotiable, or iudii'meiits 
 AHsiKntes of bomiH. aud decreed, iiiaN' brirnj,- suits in their o^^■n names as a;^- 
 
 rxilc'8 not nppotifililr', 
 
 juj^meut- ami .urm-s. f^Jfrnees : aiul the dcfeiidaut shall have the benefit of aivv 
 
 nifty UK- tliorriin in llnir ~ •- 
 
 uwnnniiK«.^«^sigue4^. (^^.fL.nee, growiug out of matters that happened before 
 notice of the" assignment, ^yhich avouM have been admissi- 
 ble in an action betw ct'U the onginal parties. 
 
 Tntere>;t. 
 
 A. A., 177". IV. .itu. No p(!rson ><liall take, dirertly or indirectly, on any con- 
 
 Rato of intaiist fixed , , ,, , , , ,. . ' I'-j i .1 
 
 at seven per cent. tract tor the loRii ol moncv or any commouitj, above the 
 
 value of seven pt)inids for the forbearance of one hundred 
 
509 
 
 pounds for one year, and so after that rate for a o-roater or 
 • lesser sum, or for a longer or shorter time ; and so acconi-- 
 iug to, that rate or proportion for goods, wares and com- 
 moditiea lent, to he repaid in goods, wares and comniodi- - 
 ties or in money. 
 
 Any person lending or advanoiiio- m()nev or otlier com- a. a.. iciss. VT.409. 
 
 * . ^ ^ ~ • IV'iialty fur exactins 
 
 modity for a compensation of more tlian at the rate of'''t'''™t .''"ivctherau- 
 
 ♦' ^ 111 «ovoii per cent. 
 
 seven per cent, per annum, slial] lose and forfeit all claims 
 to interest on such loan : and tlie principal ^um, or the 
 amount or value of the commodities so lent and a(h-anced, 
 without any interest, shall he deemed and taken hy.tlu:^ 
 Courts to he the true legal deht or measure of damages, to -' ■ 
 
 aJl intents and purposes whatsoever, to he rccovorcMl with- 
 out costs. 
 
 .And in all cases whatsoever Avherc a higher rate of a. a.. 17-7. .w.^ 3. 
 
 •/j.j1 . I 1 ^ 1111 Biirniwor a FiuAcient 
 
 interest tliau seven per cent, has been or may he had, taken witm-ss in cweof «eur.v. 
 
 or reserved upon the conti-act sued on, the borrower shall 
 
 lye admitted as a good and competent witness to prove the 
 
 defence of usury: unless the })]ai!ititf or the person agiiinst 
 
 "vyhomsuch evidence is tendered will deny on oath the truth 
 
 of what the borrower offers to swear; in which case, the 
 
 borrower shall not l)e sworn. And the Icinler or party 
 
 taking a false oath in such case shall be liable to be indicted, 
 
 and upon conviction, shall sutler the pains and ]Kuialties of 
 
 perjury. 
 
 JUD(JMENTS. 
 
 * 
 
 Interest on judgments shall run on the whole amount a.a.. is5r,. xii.532. 
 
 found by the verdict, or assessed by the Clerk or by the '""'-» ""•'""K'no A., 
 jury on writ of inquiry, and be recoverable by the same 
 exec^ition that issues for the debt. '• J 
 
 Sureties. 
 
 The [)aym('nt of a judirnicnt or decree l>v a sniTt\- shall a. a.. is4n, xi. .vsc 
 wot extniiTnifsh the deht, ))ut 1)V sncli pavmeiit the siiretv*"*'^ .« *<j»»i. ••mic-d 
 
 ^ ' ■ iunU till' Mft«d| Of^tic 
 
 aliall be eiilitle<l to all the remedy of the plaiutiif or .^QiR- >^"«'»w' — «*» >»'" 
 pi*itiHnt against his principal. 
 
ftlO 
 
 P'liAl DUI.ENT DkKUS. 
 
 A 
 
 c«p. 5 
 ■li Elii 
 
 D.. 1570. 13 Kiiz, \ii fj,,f| every deed, conveyauce, aasiariiiuent or ti'uiisfer 
 
 p. 5. II.4lHi: All.. i:.K.i, J ■ ■> J '• 1 <r» . . > 
 
 Eii»...ai..4.ii.4ni.j|j. Qf a„y estate, real or personal, aiul every Woiul, ol)liii:ation 
 hin.Kr..r .Liny <rc.iitor«f„. |n(liriiioiit, uiadc or siifiorcMl wltli tlic intoiit or ])iirnose 
 
 or l»lll. llM'- •- 'l"ll riMil J i-> ' 11 
 
 ^■**'- to delav, liiuili-r or dclVautl creditor.-^ or piu'ehascrs of their 
 
 just and lawful demand-^, shall be deemed and taken only 
 
 as aji:;aiiist hir-U creditor.s. |ini'<'liasei's and their legal re]tre- 
 
 ^ sentatives, as null and \oid ; anv [U'etenee, color or feigned 
 
 consideration to the contrary notwitht^tandin^. 
 
 F"rMiur<«'#in.i p(ii.-ii- ' And till aiuleverj the jiartios to smh feiLi-ned. covinons 
 
 lief of llii' h.ittjc- III Mk li 1 i- 1 I J 1 1 • i i i.> 
 
 (IpHk and rraudulent deeds, eonvevanees, assiiiinments, transfers, 
 
 honds, ohliorjitions or JudcTnents, and f\]\ persons pri\y to 
 and kiiowiiii;' ol" the same, who shall he aeee.sRary to fhe 
 IVaud, shall incur the i»enalt_v and forfeiture of one years 
 value of the lands, and the whole value of the goods jmuI 
 chattels so conveyed or transferred, and so Tiluoh money as 
 may be contained in such fraudulent bond: the one moiety 
 to the Htate and the otlier moiety to the i)arty grieved, to 
 be recovered in the Conrt of Common I'leas or (-general 
 Sessions by action of debt or by infornuition. And in 
 addition to the civil remedy aforesaid, the ]iarty may Ix- 
 itidicted. and being thereof lawfully et)n>ncted, shall siittt'V 
 inipi'isonment for one half yeai- without bail or nuiinpri/'.e. 
 
 U;-'?^- , , ProvideiL that nothinif herein contained shall extend or 
 
 Proviso Ksiviiig (iceas ■ >^ i ,-^ 
 
 lio"^an.iCa%'/^'*''*''''"t>e coiistrued to ini].each, finislrate or nudce void any dvcA 
 or assurance or security for money made upon good con- 
 sideration and huiKt iult to any person not having notice o\' 
 
 fmcli fmiid or collusioiu ■'" 'b» '' 
 
 « 
 
 n...^vi;. Coil v<?yunces with a power of i-evocation at the will and 
 
 ('oiivoy!>ri<-('H with power r- ^ ■ in i- ni 
 
 of rcv.«»tioi,' 111.11 .mil pleasure of the V)artv shall, as to creditors and subsoqnent 
 
 voijRKaiiiKt rroilitorMan.l '^ , ,, " i -i i, j /• ; i 
 
 punjiascix. ^ purcliascrs, \)Q null and a'okI. Jiut moi-tgages Ixdki Jmc and 
 
 upon good consideration shall be valid and effectual. 
 
 Contracts. 
 
 ci:z:\\m. ^ ''"•-• All leases, estates and interests of freehold or terms o\' 
 ei^uf^u^hx'^^n^^vly^-^^, "'■ any uncei'tain interest of, in or to a!)y mcssnuges, 
 
 tbcfo,c.of<..iat.s:.iwiii ji^.^^i^^j.^^ lands, tenements or hereditaments, made or created 
 
PS or efiUtbS o 
 oril. 
 
 511 
 
 by lively and seis^in only or ]>y parol, and not pnt in writing 
 and signed by tbe parties so making and creating the same, 
 or their agents thereunto lawfully- authorized by writing, 
 shall have the force and effect of leases or estates at will 
 only, 'and shall not, either in hiw or equity, be deemed or 
 taken to have any other or greater force or effect. 
 
 'No leases, estates or interests of fT'eeliold or term of vears if>-'p- 
 shall 1)6 assigned, o-ranted or surrendered, unless it be bv <'"'*'''''*!'■'•' *"t«'"'^" 
 
 c^ ■ ^ o . J ".or ijurrcnilcred by woi 
 
 deed or note in wi'iting, signed by the party so assigning, 
 
 granting or surrendering the same, or their agents thereunto , 
 
 lawfully authorized by writing, or by act and operation of ' 
 
 law. 
 
 No acti(ui shall be brouti-ht whereby to charge any fi'. H- 
 
 ^ " _ . I'r>misis .iiul iigroc- 
 
 executor or admin iistra tor upon any special promise to ""nf* ''y i'vW» 
 answer damages out of his own estate, or whereby to charge • ", 
 
 the defendant upon any special promise to answer foi' the 
 debt, default qr miscarriage of another; or to charge any 
 person upon any agreement made in consideration of mar- 
 riage; or ui)on any contract for sale of lands, tenements or 
 hereditaments, or any interest in or concerning them ; or 
 upon any agreement that is not to be perlbrmed within the 
 space of one year from the making thereof, unless the 
 agi'cenient upon which such action shall be brought, or 
 some memorandum or note thereof, shall be in writing and 
 signed by the party to be chargeil therewith, or some other 
 p^i>^(ni thereunto hy him lawfully authorized. 
 
 No contract for the sale of goods, wares and moi-chan- n... .-.js.^'it. 
 
 ,. ,^ ,1 1 . ff i»>i 1 \\ 1 Till Coulnicts rir sale, of 
 
 mzes, <ii the value of titty dollars or upwards, shall bep..uisfornft> .i»u»r« or 
 allowed to be good, except the buyer accept part of the ' 
 goods so sold and actuall}- receive the same, or give some- ^ 
 
 thi^ig in eftrnest to bind the bargain Or in part payment, or 
 that some note or memorandum in writing of the said bar- 
 gain be made and signed hy the jiarties to be charged bV 
 such contract or their agents thereunto lawfully antfioi'- 
 ized. 
 
 » 
 Nor sliall anv contract for the sale or iiurchasc of slaves r.^nmnp e.r «ai«,.>«- 
 be binding, without dclivci'v of tlic pn^perty and payment i** 
 
<»f a liiulistantial .jiftrt of tlie I'lircluiM- iiioiioy, or a. niemo- 
 raiidiim in writiiii; (if the liaiLiiilii siirin'<I as al'oi't'said. 
 
 l)e.ifi?^ti!.Msorcre- -^^ tleularatioiis or creations of trusts or coiiiitlciices of 
 
 bl'^wnth.'If.''' '"'"" ^'\V l^ii'ls? tenemeiit.s or lionditaiiicnts sliall be inanHested 
 
 and jiroved by some writing, siiriu'd by the l^arty who is by 
 
 law eiia1)k'd to declare such trust, or by his last will, in writ- 
 
 . ing, or else they shall be utterly void and of none efitct. 
 
 I 
 
 jVI*- ,. l^ovithi/, that wlu'j-e an\- convrvance shall be made of 
 
 Tnixlg arisiiip, trans- . . 
 
 f.rmior.uxtit.Kni<-^edkvj^,,y Imids or tencmeiits bv which a trust or confidence 
 
 iiii|plir:ituiii of law iircpx- , » 
 
 '^*»'""'- shall or may arise or j-esnlt bv imrdication of law, or be 
 
 transfcnvd or extinguished by an act or operation of law, 
 such trust or c6nfidence shall have full force and effect, 
 anything herein to the contrary notwithstanding. 
 
 ib..52»,?». All irrants and assic-nnicnts of anv trust or confidence 
 
 Assi^iimwits of triistf . i ^ 
 
 giiaiibeiiiwiitmg. shall Hlvcwise be in writing, signed by the party granting 
 or assigning the same, or by such last will or devise, or 
 else shall likewise bo utterly void and of none effect. 
 
 i\:.0-- All estates pour (nitrc ric shall be devisable, and ixo to the 
 
 KclutfS pour aiifre r?<: ' ■ i 
 
 devi«ii.ie. and assets •" exccutors or admiuistratovs of the vtartv that had tlie estate' 
 
 haiidtj of eaecuiorA. . . 
 
 thereof and be assets in their hands. 
 II.., MS. 2 u. 15. The Clerks of the Court of Common IMeas and General 
 
 TliL'Miif of Higningany . ,,,... ,, , .ii r 
 
 judtjiiKut shall be set hessioDs sluill, lu sigHiug judgmcnts, sot oowu tlic (lav ot 
 
 down !)>• tlie Clerk. ,. . i '• i ■ i i • i ' j. 
 
 the month and year ot their so doing; and such judgments 
 shall, in consideration of law, be judgments only fioni the 
 time when thev shall be so siii^ned. 
 
 • ,,„' . No writ of /joy faciofi shall bind the property against 
 
 i^n'!'" "'■,-''•/"■ . ,wliich it issued but from the time of the deliverv of it t<> 
 
 :d:ainiind tin; iiropurlv of 
 
 ^7'lhe'ifdenverv*^^^^^^^^ Slu'riff, undcr-Slieriif or Coroncj-; and for the better 
 
 ''"*^'"'- manifeBtation of the said time, the iSlieiifl". uinler-Slierilf or 
 
 Coroner, upon the receipt of any such writ, shall endo-i'se 
 
 on the back thereof the day of the month and year 
 
 whereon he received the "eaiue. 
 
 A A IF.",' vf im\ -^*^ jiarol gift of negroes or chattels of any kind other 
 •etjl'iii\w.«ia^-!^w'i'.''.wtlian ordinary moveables, ijhull be valid against creditoiiJ or 
 to"ran7M,"fcturi«'j^-^i^^**^4"^'^^ liurchaBcrs without ncrtiev, except between 
 '^''"*"'^' parties having a distinct and separate residence fiom each 
 
613 
 
 other, accompanied hy actual delivery and continued scpa- • , 
 
 rate possession. 
 
 ' Bills of Exchange and Promissory Not^s. 
 
 All notes in writinc: \vherel)v any person promises to a. d.. ivoi. 3 * 4 Ann. 
 pay to any other person or his order or to liearer any sum ^l'•n''s^f"y ""t'« maj 
 
 ^ » " ^ ' bp assipniMl or cudnrsed 
 
 of money mentioned in said note, shall he taken and con-''\''-,'","' »'=♦'*"' ""V"- 
 
 •• ' taiiipd tlii'ioDii, as on lu- 
 
 stryed to he by virtue thereof due and payable to the per- '""'"""'* "'''■^'''"'"s«- 
 
 son to whom the same is made payable : and every such 
 
 note shall be assignable or indorsable over, in the same 
 
 nunmer as iidand bills of exchange aiv or may be, accord- .' . 
 
 ing to the custom of merchants ; and the person to whoni 
 
 such sum of moiiej is payabl6 may maintain an action for 
 
 the same against the person who signed it; and the person 
 
 to whom such note is endorsed may maintain his action, 
 
 either against the person that signed the note or against 
 
 the person that endorsed the same, in like manner as on 
 
 inhind bills of exchange. 
 
 11" the party on Avhom an inland bill of exchange is h,.. :,.t;-,,(i4. 
 
 dl 11 ,. , J. i1 1 1 •-• .1 liillsof excliangp if nut 
 
 rawn shall reiuse to accept the same by underwriting thQam-i.tcMi, may bu pro 
 
 same under his hand, the party to whom the bill is pay- 
 
 {^ble may cause the same to be protested. 
 
 No acceptance of an inland bill of exchange shall be »i... 546. ? 5. 
 
 ,,, . , I'll- Nil a(-cci»taiiop of an in- 
 
 sutQcient to cliarge any persqn, unless it l)e underwritleuiniHi i.ni ..f cxrimuRo t, 
 01; endorsed m writing Ihci'cupon; and it such bill be not'i'-iw'ti''"""- •'•"I'Tsod 
 
 .. . .. tliercon. Drawer not li- 
 
 acce])tcd by such underwriting or endorsement 111 writing, ■•>i''<"'<--'^'=<' "f'">«'"-'-''P'- 
 
 *■ ■' ^ '- '-' anop or iinnpaynionl aft«r 
 
 the drawer shall not l)e liable, unless protest be made for "•'■■'•I't'j""''- ""'«'*'' ii'"*;"" 
 
 ' ^ • lip nia<k< and epiit in du« 
 
 nonacceptance thereof and, within fourteen days, the same '^"'"•»''- 
 be sent or nofice of it given to the party from whom the bill 
 was receiyed or left in writing at his usual abode. And if 
 such l>ill be accepted and not [)aid within three days after 
 it shall become due, then no drawer shall be liable to pay 
 any costs, damages or interest thereupon, unless a protest 
 be made ^nd H<iut or notice thereof given as aforcbuid. 
 Ibit every such drawer shall In- liable to pay the bill, with 
 interest and costs, if it be protested for nonncceptance or 
 nonpaymeut, and uotio<d be given as«fore8ai<L 
 33 • ^ •• • 
 
:>i4 
 
 n'o" p^f»»t n<s-o««r.T Pt'Oi'iduL lliat no such prot^.st tliall lie HccL-Hrtary uuloe* 
 [br "iiT7i- "'•''!:., ."'imtt^ie bill on the face of it jtrofoss to ho drawn tor value re- 
 jr«i.ioiuu, ur u,.«Hr.u.p^.5^.^^|^ ,j,j^j unli'ss it h'c (Ipawn for the i.ayuiont of one liun- 
 
 Pn.twitoiK. tnad<- i»y (lp(.(l (h>llars or iivtwards: and tho pr(>tc'>t lurt'hv roiniirod 
 
 ■ KuUr.v. , . * . * ' . 
 
 shall he tuado hy a N\>lan-, ajijiointcd Ity ]tuMic ftuthority. 
 
 i'''*i- , .,.. li iU'V pcirsuii receive sueji bill in satijilintion ol" an finto- 
 
 ujnH^.iaf.ihi.«.vimn«<ircedent debt, the same shall be accounted a full pavnient, 
 
 unless the party roeeiying it shall tsike his duo ooursc to 
 
 olitain paynuint, and make his jirolest fornninu-('e[itancj^ or 
 
 uonpuyniiMit. 
 
 ni-i*. Prori<l('(L that liotliinif lu'reiu eontuined shall extend to 
 
 discharge any renw^dy that any person may have against 
 tlie drawer, acceptor or indorser of sucli hill. 
 
 AVkkihts and Measures. 
 
 A. A.. 1 :•'.«. IV. 290. H- A^^cight.s and measures shall he regulated hy tlie standard 
 uit ^urli"^!!) b^'prV^ured. of Loudou, and tcst instiMimonts shall be kept in the treas- 
 ury of the State in Charleston, to wit: one weight of fifty 
 p()unds; one weight of twenty-five pounds; one weight of 
 fourteen iiounds; two weights of six jiounds; two of four 
 ]>onnds; two of two pounds, and two of one pound, avoir- 
 dupois, to be made of brass or other proper metal; and 
 also one bushel, one half bushel, one peck, an^l one half 
 peek, to he made of cedar wood, neath' shaped, and han- 
 dled with iron. Tlie weights shall he" severally stamjied or 
 marked in figures denominating the value thereof : and tho 
 said weights and measures shall he the standard hy which 
 all other weights and moasui'os shall 1)0 adjusted.* 
 
 A. A, 1R40. XI, 122; Tlic (iovomor slnill furnish the Ch'i-k of the Court of 
 i«(w, xn. :tiK). 
 
 ToIk fiirniBiKMit... a. h Common Ploas and (Jeneral Sessions, in evorv disti'iet not 
 
 district. 
 
 already ]»ro\ided foi-. with a set of standard weights and 
 measures, lit- shall ]ir<>\ide lor haxing them mjide, and 
 • tho Commissioners of ruhlie Buildings in the sevei'al dis- 
 
 tricts shall pay for them out of the public funds in their 
 hands. 
 
 *Tho Act contains regnUtkni* as to tho mcasomueOK uf wood vaA coal in fht 
 City of Charleston — for which, lee "City Ordinances"," Eckhnrd's Bdition, 295. 
 
')15 
 
 Intestates' Estates. 
 The ri^-lit of prinioi!;enitnre is abolished in all desociits a. a., udi, v. 102, $1. 
 
 *" ' Kightuf primogonitnrc 
 
 or (listribiition of real estate wiiereof the owner is entitled »*»"''si'o«'- 
 to the beneficial interest; and wlien an}- person, ]>oHSessed 
 of, interested in or entitled nnto a real estate in his or her 
 own right in fee simple, v«hal1 die withont disposinc: thereof 
 by will, the same shall be distribnted in the followini:: man- 
 ner: 
 
 Tf the intestate shall leave a widow and one or more uuios. .>f dmroui ;.ud 
 children, the widow shall take one third of the said estate ; "^ '^"" **" 
 and the remainder shall be divided among the ehildren if 
 more than one, bnt if only One, the remainder of the estate 
 shall be vested in that one absolntely forever. 
 
 The lineal descendants of the intestate sliall r(>present 
 their respective parents, and be entitled to receive and di- 
 vide equally among them the shares to which their parents 
 would respectively have been entitled had they survived 
 the ancestor. 
 
 If the intestate shall not leave a child or other lineal a. a., hot, v 3(H; 
 (iescendant, but shall leave a widow and a father or mother 
 and a brother or sister of the whole blood, or their cliil- 
 dren, if they be dead, the widow shall be entitled to one 
 moiety of the estate; and the father, or if he b^ dead, the 
 mother and the brothers and "sisters, or their children if 
 they be dead, shall be entitled to the other half of the 
 estate.* 
 
 The children of a deceased brotlier or sister of the whole a. a..i7»i v. uw. 
 blood shall repre<»ent their I'espeetivc parents, and take 
 among them the shares which their parents wouhl have 
 been entitled to if they had survived the intestate. But 22. p'. cnr. 2. r. 10 n, 
 tlierc shall be no representation admitted among collaterals 
 after brothers' and sisters' children. 
 
 * Th« Acts of 1707 and I s.^O made (wrcoBsire oliannco, britijftBjr <•»'" '"w to Mf 
 ■preaent »t«fe hs cxpre.s««(l ahnrc. The firrt let in 4o tlic f)Uccf<MioD hrt. tlierc a.nil 
 pij'J^'r" of the whole blood, and their ehildren liy representation, al"iig with the 
 father and mother in cases where there is no widow. The Aet of IKM) ext^mdod 
 the rule to all ea^es. 
 
616 
 
 A.A..17&1 V. i«3. If the intestate shall leave no lineal descendant, father 
 
 or mother, brother or sister of the whole blood, but shall 
 leave a widow and a brother or sistei- of the half blood, and 
 a child or children of a brother or nistor of the whole 
 blood, the widow shall take one moiety of the estate ; and 
 the other moiety shall l>e equally divided between the 
 brothers and sisters of the half bl(»od, and the children of 
 the V)rothers and sisters of the whole blood ; and if there 
 be no child of a deceased brother or sister of the whole 
 • blood, then the said moiety shall descend to the brothers 
 
 and sieters of the half blood.* 
 
 '% The above is the lueoning of the origiDal as it was construed hy oont^iu{M>ra;- 
 ric!<, .18 will appear by Judge Brevard's Commentary on the Statute. 1 Brcv.ard"s 
 DifTost, 426; Grimkt-'s Law of Exeenlors, 281. See Wren r. Cftmbs : He.id note 
 by Ohanccllor DoSaussure, 4 1>« S., 405. Mr. Ulaniling's argument, lb., 41.3. 
 
 In Folder's case, hoTyovcr,, decided in 1 So;}, this interpretatiou was overruled by 
 a divided Court. 5 Rich. Eq., 510. 
 
 The text in the Act of 1701 reads thus: If the iutostate ".^hall leave a widow 
 and a bijothcr or sister of the half blood, and a child or cbiklron of a l)rother or 
 siater of the whole Mood, the widow shsiU take one moiety of the estate, iuid the 
 other moiety shall bo equally divided between the brothers and sisters of the half 
 blood, and the children of the brothers and sisters of the whole blood. The 
 children of every deceased brother or sister nf the whole blood, taking among 
 them a share equal to the share of a brother or sister of the half blood." Tbe 
 language is certainly incorrect, for there is an evident discrepancy between the 
 two sentences. Hy the first, the nejihews ami the half brother divide oqiially; by 
 the sooond, the half brother takes a full ."^bare, and the nephews the fraction of a 
 share. Nor is the second sentence introduced with a proviso or disjunctive, as if 
 it was intended to qualify the precediug: but follows in such a connection as to 
 sh'iw plainly that the author saw no discrepancy between it and what he had 
 already said. If so, he must have intended by the words " amontj them" soniethins; 
 different from the natural meaning. But the natural meaning is iu conflict with all 
 the rest of the Act — with the general intention to distinguish between the half 
 blood and the whole lilood, and with the intention to allow of representation 
 within certain degrees. It is also inconsistent wilfti itself; for it admits representa- 
 tion by making the whole blood take^iej* utirpcs ; yet though they take pir stirpe*, 
 they do not take the share to which the parent would have been entitled if ho b.ad 
 survived the intestate. They take by representation, but do not take the share of 
 him they represent. The share of fhe pcrsdn whom they represent is the share of 
 a full brother ; but they do not fake a full brother's share. If they took the shavo 
 of a full brotlier they would take all, and the half brother would be excluded. If 
 instead of taking per stityen the dislribution be made per cnpt'to, the half brother 
 would be admitted, but on an equality with the nephews ; for the brother of the 
 half blood and the nephew of the whole blood are related to the intdstate in equal 
 degree, each having one-half of his blood. And this is what contemporaries took 
 the meaning to be. But if the rnoaning bo controlled by the words "amour/ them," 
 there is no rule. It is mere confusion. By leaving out those words, the clause 
 would express no more than what is already sufficiently declared, and be snr- 
 pluifage. The questi.ju is between a rule which im]>lio>i an intelligent will in the 
 
517 
 
 If the intestate shall leave no lineal descendant, father, ^'• 
 mother, hrothcr or si.«ter of the whole blood, or their chil- 
 dren, or brother or sister of tlie half blood, then the widow 
 shall take one moiety and the lineal ancestor or ancestors, 
 if there be any, the other moiety. 
 
 If the intestate shall leave no lineal descendant, fatlicr, ii> 
 mother, brother or sister of the whole blood, or their chil- 
 dren, or l)rbther or sister of the hall' blood, or lineal ances- 
 tor, th^n the widow shall take two-thirds of the estate, and 
 the remainder shall descend to the next of kin. 
 
 The distributory share of the widow in the estate of her 
 husband, if accepted, shall be considered as in lieu and 
 bar of dower: and if she shall have forfeited her dower, T:ikL.n from 1.3 Ed. a. 
 she shall also forfeit her distributory share of the huslmnd's 
 real estate. 
 
 Ih. 
 .V'w. 
 
 1 Bre., 427. ii. 10. 
 
 If the intestate shall leave no widow, father oi* mother, "' 
 th€^ provision made for them severally shall go as the rest 
 of his estate is directed to be distributed.* 
 
 In reckoning the degrees of kindred, the computation i'-. 
 shall begin with the intestate and be continued up to the 
 common ancestor, and thence down to the person claiming 
 kindred inclusively: each step inclusiveh' being reckoned 
 as one degree. 
 
 Oji the death of any married woman, the husband shall J'' 
 be entitled to the same shai'e of her real estate as is herein 
 given to the widow out of the estate of the husband ; and 
 the remainder of her real estate shall be distributed among 
 her descendants and relations in the same manner as is 
 heretofore directed in case of the intestacy of a inarried 
 man. 
 
 Legislature and <ine that does not. But some change is abHulutcly ueiissarv to 
 riiidicatc the law from the reproach of inconsistency. 
 
 The alteration is, therefore, suhiuitted as one called for by the ctatc of the text, 
 and one which will have the effect of sustaining the intuution aud correcting the 
 language of the authors of the statute. 
 
 * TIki Acts of ]7((7 and 18;)0 have ahroghted the ."'.d clau.-c, and rendered nece«- 
 imry the e\t4.'U8iun of the 8th clause, so as to provide for the ease where there aro 
 brothers and sisters, but no father or mother. 
 
^^8 
 
 '•'• If the iiitestato sliall leave no liusband, the provision 
 
 herein made for liini sliall go a^i tlie rest of her estate is 
 directed to he distnbuted in tlie preceding chiuses. 
 
 KJ.UU- hy thp rurtosy And thc right of the husband in the lands of his wife, 
 called an estate by the curtesy, is hereby abolished.* 
 
 A. A.. i7«i. V. uv!. jj. £,j aji eases of intestacv, the personal estate slitill l>o dis- 
 
 DJ«trilnili"in'f I" r-(>nHl ^ _ • i 
 
 •»i*«'- tributed in the same manner as real estate, 
 
 umiiibiitioii ofestetM Aud cstates pour autre rie and for yoai's nhall be diatrib- 
 
 ttnur autre rt> and fur *' 
 
 jr<'»i> uted in tlie same manner.f 
 
 A. A.. i7!>i, v.i&j, ?3. Xotliiiig lioreiii contained shall be coustrued to erive to 
 ?l''V»Iei" liiarls"of"lLe ^"J cliild or issuc of the intestate (or his or her legal rep- 
 aiic-^i .IS -.tMi.-. resentatives) a share of his or her ancestor's estate, where 
 
 sucli cliild or issue shall have been advanced by the intes- 
 tate in his lifetime, by portions or portion ecpial to the sliare 
 which shall be allotted to the otlier cliildreii. But in case 
 any child, or tlie issue of any child who shall have been so 
 advanced, shall not have received a portion equal to the 
 share wliich shall be due to tlie other children (the value of 
 which portion being estimated at the death of the ancestor, 
 but so as that neitlier the improvements of the real estate 
 by such child or children, nor the increase of the i:>ersonal 
 property, shall be taken into the oomputati(Ui), then so 
 much of thc estate of the intestate shall be distriluitcd to 
 such child or issue as shall make the estate of all the 
 children to be equal. 
 
 II,., J 4. I^o lands acquired by any person after making his will 
 
 .xir.Voo. "' '"' ' ''shall pass thereby, unless thc Will be repul)lished ; but 
 
 After -acqiiin.] i,ii„i« tlic party sliall be considered as having died intestate as to 
 
 uliall not piiHH b.v j)i(fvinus i , i i i i n i i' -i i i i 
 
 will, imt be .liKtrii.utnMe. such uiud, aii(l tliC iiM\\o sliall uc <[isl II hutaulc as above 
 , directed-i 
 
 * The estate liy thc curtesy is uiifair: it keeps the wife's children out of the estate, 
 and lets in the collaterals without any intelligihle reason. It depends op no legal 
 principle, but on a mere url>itrary condition; and where it prevails is defended on 
 usai;o only : which usage certainly does not exist here. There is no pica for it 
 since the Act of 1701, which makes a better, more certain, and more rational pro- 
 vision for the surviving husband. G-riinke's Law of Executors, 2S1. 
 
 f Tills clause is suggested by the rcuuirk of Jud^c I'revard. 1 Brev. Pig., 425_ 
 Notel. ^ 
 
 J The alteration of the law by the Act of 1S58 is well entitled to be reconsidered. 
 I have ventured to restore tlie law as OBtabliahed by the Act of 1808. The iucou- 
 venienco of change, by misleading those who are not apprised of it, is always 
 
Where any person shall be, at the time of his or her A.A.,i79i,v.if,3,?6. 
 
 . "I _ ... Kstates in jiriut tcMim- 
 
 death, seized or possessed of an}- estate in joint tenancy, fy'i'-^tributabie. 
 the same shall be adjudged to be severed by the death of 
 the joint tenant, and shall be distributable as if the same 
 was a tenancy in common. 
 
 No estate, or any part of it, shall escheat for want of a.a., nsv. v, 49;i826. 
 
 ... VI. 285. 
 
 heirs, if the intestate left a husband or a wife surviviui;-; Nocstatoshaii oscheat 
 
 . i-nni '"^ if tlio intoKtatc leave hus- 
 
 but HI default of any person who is called to the succession i)'""i ^'r^ifc surviving, 
 as next of kin, the wife shall iidierit to the husband and 
 the husband to the wife, the Avhole estate, both real and 
 personal. 
 
 If a man be married tt) a woman who survives him, and a. a., is.'.r,. xii.spr.. 
 who is alien born, she shall be entitled to all the rights in 
 his real estate, though not naturalized, which she would be 
 entitled to if she had been duly naturalized, with power 
 to hold, enjoy, convey and transmit the same. 
 
 ' When an V person is seized of an v estate in fee simple, '' '-os. i ni-.-v i;j.i 
 
 > i •' , ^ ' Desioiit of tlie legal 
 
 as trustee merely, without any beneficial interest, the estate «**""'* "'"*'■'"'*''«»■ 
 shall descend according to the rules of the common law.* 
 
 ' yrcat. It takos a long tiiiic for an ultcratioii of a well cstablisbed rule of [irop- 
 erty to find its way to tlie j^roat mass of industrious men. But the inc-onveu- 
 ience is greatly enhanced when the change is opposed to the ordinary feelings 
 and thoughts of men. The difiorence between real »nd personal property is so 
 marked in the nature of things, that a change in the mode of acquiring and dis- 
 posing of them run.? through the wliole law. Personal jiroperty is bought and sold 
 without a deed, or even without writing. But not so with land. On the same 
 ground a distinction is made in wills. Negroes, stock, horses or cattle, more or 
 less, pass by general words. No one thinks of describing tbem by name : no one 
 thinks of altering his will for a new horse or a new negro. But the purchase of land 
 generally introduces a new feature in the plans of the owner. When one gives all 
 his lands, ho may or he may not have in view lands to be purchased, of which ho 
 knows nothing, whether valuable or trifling, whether making parcel of his other 
 lands or not. And if the will happens to contain, what is not very common, a 
 derigc of all lands, after-acquired lands may pass to the devisee, with perhaps an 
 equal chance of hitting the intention. But if there is only the general residuary 
 clause, there is scarcely a chance that the including of them in the residue will bo 
 in keeping with the intention of testator. Hence the distinction wliich in case of 
 lapse gives the land to the heir and the chattels to the residuary legatee. Is this 
 rule to be altered ? And if it is, would it be best to give the whole to the residuary 
 legatee, or the whole to the next of kin? Thus the Actof IS.'JS jirnduces uncer- 
 tainty in addition to misconstruction of the intention. 
 
 It is not too much to say that, to make after-Roquircd lands pass by the will is to 
 defeat the testator's intention ten times for one instance in which it may happen to 
 subserve it. 
 
 * As the Act of 1791 in terms excludes the estates of trustees from its oiierntion, 
 the above seems to be called for as a corollary. 
 
520 
 ,*■'*• '^.J^l?'' " A iwstliumous eliild sliall take under any vrill or settle- 
 
 W. 3. cap. lt>. 11. iAl. 1 • 
 
 i'.«ti...im.u« child hhaii,jj.^|. ,j. tliouirli Itoni in the liiotinie of tho fatlior, and sliall 
 iif.-fin.e of tbc f»ti,.r. ,^^,^ ^.^ liable to l>e det'oated on tlie ground that the remain- 
 der waf< contingent, and did not vest at the instant that the 
 jtrior estate terminated, and that there was m) trustee to 
 jireserve the eontingent rem:rni(h'r. 
 
 n and 12 w. 3. cap. 6. Everv iiatural born citizen rnav inherit, or be inheritable, 
 
 (^ilizcnx umy iiilnTil • ^ ' 
 
 .),'-...i.-i. .•.!i.niii.r,,i .IS. although the lather and mother or other ancestors through 
 whom he shall make or derive his title were aliens. 
 
 Wills. 
 
 (</.) — Execution of A^'ills. 
 
 (6.)— Probate. 
 
 (c.) — Letters of Administration. 
 
 ((/.) — Duties of Executor or Administrator. 
 
 (e.) — Exposition of Word.^. 
 
 (a.) — Execution of Wills. 
 
 A. u.. 1G72. 29 Car. 2, All Wills Or Tcstamcnts shall bo in writing, and signed 
 
 rap. 3. g 5. n, 526. i.t,,, i j1 •i-'^ 1 
 
 A.A..1789.V.100; i82.t,by the tcstator or by some other person m his presence and 
 All wiiistiibc in writing by lils exprcsR directions, and attested and subscribed in 
 
 Kipned ami attested l.y * ti i •. 
 
 tbrwwiiucsses. tlic prcscuce oi the testator by three or more credible wit- 
 
 nesses; or else they shall be utterly void and of no effect. 
 
 lb. Xo Will or Testament shall be revocable but by some 
 
 N.> revocation of n vill. ,, .,, ,. ., ,, . . i i • ji 
 
 «..|,t l.y another will or other Will or codicil, or other writing dechinng the same, 
 
 li\ (kslrovinp; or oMIter- iti-iiii -i /• ' i 
 
 atingtuesame. attestcd and suhscribcd by three witnesses as atoresaid, or 
 
 by destroying or obliterating the same by the testator or by 
 some other person in his presence and by his directions and 
 consent. 
 
 \. II.. 1762, 25 tico. 2. If iii'y lt\gacy or devise or power whatsoever be given or 
 'a.'a..' nsK IV, lot: made to a su])scribing witness or his wife, or if he or his 
 i'iiftH an.i noniinati..n« wife bc uamcd as an executor or trustee in any will, the 
 
 in behalf of witnesseH ,„ ... i n i n i • ^ i ^.i ' j. 
 
 under the will. v.i.i. gift OF nomiuatiou shall be null and void, and the witness 
 competent. 
 
521 
 
 If any i)erson makine; a will shall afterwards marrv, and a. a., i789. v. 107. 
 
 - > i ~ '■■ ' Marriage a rovoration 
 
 die leaving his widow or leaving- issue, unless the will shall ^:f,,f,;2J?J^;"'%'^'"^^^^^^^ 
 have been made in contemplation of iiiarriage expressed ^J-^?,'',,^'' nu^^^^^^ 
 on its face and shall contain a provision for future wife and'''Al',er"d. 
 children, if any, it shall be deemed and taken to l)e a revo- 
 cation of such will to all intents and purposes. ^ 
 
 (ft.)— rrobate. 
 
 If the testator shall have had a mansion house or resi- a. a., nso. v, los: 
 dence in the State, his will shall he proved before the Towhomueiongrs. 
 Ordinarv of the district in Avhich he resided ; if he had no 
 residence, it shall be proved before the Ordinary of the 
 district where the bulk of his assets are. 
 
 Wills may be admitted to probate in common form, 
 upon the oath of the executor that the Avriting produced 
 is, as he believes, the last will of the deceased, and the 
 affidavit of a subscribing- witness, or if the witnesses be 
 dead or out of the State, bv affidavit of handwritinsi;. 
 
 But if any person interested in the question shall appear 
 by himself or attorney before the Ordinar}', within tVnir 
 years after the death of the testator, and require the will to 
 be jiroved in solemn form, it shall be the duty of the 
 Ordinary to summon the executor or person to whom 
 probate has been granted, to prove the will in due form of 
 law, and shall give notice to all persons interested as next 
 of kin that they may a]1pear and contest the will if they 
 think lit. 
 
 A A.. 18S9. XI. 41. 
 I'rouf in coininon fonn. 
 
 In proceedings to prove a will in solemn form, the oninr of proof, 
 executor shall produce all the subscribing witnesses; and 
 all the witnesses for and against the will shall be fully 
 heard, and their testimony taken down; and the Ordinary 
 shall decide whether the writing propounded is the last will 
 of the deceased. 
 
 If any parts- interested be, at the time of granting ]>robate ji,. 
 
 f. ^ J^ 1: J. J. „ „1_ TimoKrantoino infant*. 
 
 m common form, under the age ot twenty-one years, he Notice to absentee*. 
 shall be allowed four years after attaining full age to apply 
 
522 
 
 for proof of the will in sok-mii form. And if any person 
 interested be absent from tbe State when jiroceedings are 
 instituted for proof in solemn form, a notiee of tbe i)ro- 
 ceedings shall be addressed to bini l»y name, and published 
 at least once a week, for throe months, in some paper of 
 ifeneral eirfulati(ui where he resides, if his residence be 
 known; and if his residence be not known, in some suitable 
 }»aper or })ublie i)rint, as the Ordinary may deem most 
 likely to eli'ect the intention of notice. 
 
 1"^;^^^, An appeal may be taken from the judgment of the 
 
 Ordinary to the Court of Common Pleas, by liling the 
 notice of such appeal within twenty days after the publiea- 
 tion of the judgment; wlureiijion, tlie Ordinary shall certify 
 bis judgment and the evidence taken by liim in the cause. 
 
 lb. Tlie ap})ellant in case of a])jieal from the decision of the 
 
 Ordinary shall tile his suggestion, setting forth the errors 
 complained of, and an issue or issues shall be made up at 
 the succeeding term of the Court of Common Pleas, and 
 the question of will or no will tried \)y the jury under 
 the charge of the Judge. 
 
 A. A.. 1839. XI. 42. J 1.;. In all trials ni)on aitpeals from the Ordinary, in which 
 
 Kxecntor to t)|ifu aticl i j. i 
 
 reply (,n tiu- .,uf.-,tioii "fthe fiuestioii of will or no will is in issue, the executor or 
 
 will ur ii.i will. 1 
 
 parties propounding the will shall be admitted to open the 
 case, and to reply in evidence and argument. 
 
 IJ*-. At the trial of the issue in the Court of Common Pleas 
 
 "'"•"• the witnesses shall be examined anew, but in case of their 
 
 absence or death, or failure to attend after being duly sub- 
 
 pcenaed, their testimony, as taken by the Ordinary, may be 
 
 read in evidence. 
 
 !!.■ The will may be proved in solemn form at the instance 
 
 41 insuiuceof K.\.tut..i. of tlic cxccutor, if lic bc SO advised. 
 
 A.A..1759. IV. 101. If a will be regularly proved in any foreign Court, an 
 
 omgn ro utis. excmplitication of such will may bc admitted to probate in 
 
 this iState upon tlie exemjilification and certiticatc of the 
 
 Judge of the Court of I'robate ; and the exemplification 
 
* 523 
 
 shall also be evidence of the devise of lands in this State, 
 where the title of land comes in question. 
 
 Provided, that if the will be not proved in solemn form, n,. 
 the parties interested against the will shall not b.e con- 
 cluded by such probate ; but may examine Avitnesses as to 
 the sanity of the testator, or as to any fraud or imposition 
 practised upon him in obtaining the will ; and the other 
 side may bi'ing a bill to jierpetuate testimony in support of 
 the will. 
 
 Upon a satisfactory showing that the party cannot with- n.. 
 out great inconvenience personal h* attend the Ordinary, lie 
 may, in his discretion, grant a commission to qualify an 
 executor or administrator, by administering the oath and 
 taking the proper bond. 
 
 No person under the aere of twenty-one years shall be Noi'pr^"""'"'<^' t«ei.- 
 
 1 . 1 T . 1 n 1 /-. T tv-ono to .lualifv lis Kxfc- 
 
 admitted to quahly as an executor; nor shall the Ordinary «t"r or A(inMi.i-ti:.t..i. 
 
 ^ /. . -^ A. A.. 1S-J4. VI.2;'.7. 
 
 commit the administration of any estate to any person 
 under the full age of twenty-one years. 
 
 The exemplitication of a will under the hand of the a. a., is-i; vi. -im-. 
 Judge and the seal of the Court of Ordinary, having the 
 jurisdiction to grant probate of such will, shall be jidmissi- 
 ble in evidence in all trials, whether concerning real or 
 personal estate. And no devise hereafter made, shall be 
 admitted as evidence in any cause until after probate of 
 the will in which the same is contained. 
 
 (('.) — Letters of Administration. 
 
 When any person shall make a will without appointing^^Aj a., n-^y. v. los; 
 an executor, or such executor shall refuse to qualify, the, A,ii.iiiiistiationc«»». 
 Ordinary shall grant letters of administration with the will 
 annexed, to such person or persons as would have been 
 entitled thereto if the deceased had died intestate. And if ,^^„,„r^„ „,^ |.j„. „„dor 
 any person shall die intestate, the Ordinary of the district ""' A^t of i"89. 
 where the will, if lie had left one, would have been ])roved, 
 shall lia\-e authority to grant administration to them that 
 are entitled. 
 
o24 
 
 A A..is.'». xi.4o,?6. And where an executor or an administrator niav die in- 
 
 A'linitiii'triiti'!- ae buuti >■ 
 
 "•'"■ testate, without fully administering, administration de bojiis 
 
 noil shall be granted by the same Ordinary that first had 
 jurisdiction. 
 
 A.A. 17MI. v.ios. 516. Administration shall be granted to the relations of the 
 *h..iii granted. dcccascd lu tlic ordcr lollowing, to wit: r' irst, to the lius- 
 
 band oi' wife of the deceased; and if tliere be none, or 
 neither applies, to the child or cliildren, or tlieir legal 
 representatives; if none such applies, then to the father or 
 mother; in default of them, to the brothers or sisters; in 
 default of them, to such of the next of kin of the deceased 
 who may be entitled to a distributory share of his estate, 
 as tlie Ordinary in his discretion may prefer; and in default 
 of such, to the greatest creditor or the next friend, as the 
 Ordinary .shall think fit to appoint: Proimled, that if any 
 \\iu..winairving again. ■^vidQ^y^ after admiuistratioii granted to her, as aforesaid, 
 shall marry again, the Ordinary, in his discretion, may 
 revoke the administration or join one or more in the ad- 
 ministration with her. 
 
 ti).. 109. ? 20. Every executor or administrator with the wdll annexed, 
 
 Executor's oatli. . . . .,, , . c t • 
 
 at the time of proving the will or the granting ot admin- 
 istration, shall take the following oath : " I do solemnly 
 swear that this wi-itiiig contains the true last will of the 
 within named A ]>, deceased, so far as I know or believe ; 
 and that I will well and truly execute the same, by paying 
 first the debts and then the legacies contained in the said 
 will, so far as his goods and chattels will tlierennto extend 
 and the law charge me, and that I will make a true and 
 perfect inventory of all such goods and chattels. So help 
 me God." 
 
 '•'• And the administrator with the Avill annexed, shall enter 
 
 AdiiiiiiiKtrator cMjn <c>^ ^ . . . 
 
 ""• Bf""'- into l)oiid, with good and sufficient security m a sum 
 
 equal to the value of the estate at least; the condition of 
 which bond shall be in the following form, to wit : "The 
 condition of this obligation is such, that if the above 
 bound C D, administrator with the will annexed, of the 
 goods, chattels and credits of E F, deceased, do make or 
 cause to be made a true and perfect inventory of all and 
 
"* 525 
 
 singular tlie goods, chattels and credits of the said deceased, 
 wliich have or shall come to the hands or possession or 
 knowledge of the said C D, or into the hands or possession 
 of any other persons for him, and the same so made do 
 exhibit into the said Court of at such time 
 
 as 'he shall be thereunto required bj the said Court, and 
 the same goods, chattels and credits do well and truly ad- 
 minister according to law, and make a just and true account 
 of his actings and doings therein when lawfully required ; 
 and, further, do well and truly pay and deliver all the lega- 
 cies contained and s|)eciiie(l in the said will, as far as the 
 said goods, chattels and credits will extend and the law 
 require, then this obligation to be void, or else to remain 
 in full force." 
 
 Which bond shall be made payable to the Ordinary of ii>. 
 
 . 11. 1 11 AlteriMl tofluit the li»w. 
 
 the district and his successors, and may be sued by any Bates- case, uomi how 
 person injured by the breach of the condition ; and judg- 
 ment for the penalty shall stand as a security for the 
 amount recovered by the party grieved, and for all others 
 in similar circumstances who may, from time to time, by 
 suggestion on the record have their damages assessed, until 
 the whole penalty be exhausted. 
 
 And every administrator, when letters of administration 
 are granted him, shall take the following oath, to wit : 
 "I do solemnly swear or affirm that A B, deceased, died 
 without any Avill, so far as I know or believe ; and that I 
 will well and truly administer all and singular the goods 
 and chattels, rights and credits, of the said deceased, and 
 pay all his just debts, as far as the same will extend and the 
 law require me ; and that I will make a true and i)erfect 
 inventory of all the said goods and chattels, rights and 
 credits, and return a just account thereof when thereunto 
 required. So help me God." 
 
 And such administrator shall also enter into bond with ti.. 
 good security, to be a])proved of by the Ordinary, in a sum 
 equal to the full value of the estate, with the condition 
 following: ''The condition of the above obligation is such, 
 
 lb., no. ? 21. 
 Ailininistralor's oath. 
 
 Ailniini«trnti>r'<i Imirl. 
 
526 
 
 tliat if the above l)onn(l A B, administrator of the goods, 
 chattels and credits of C I), deceased, do make a true and 
 perfect inventory of all and singular the goods, chattels and 
 credits t>f the said deceased, which have or shall come to 
 the hands, possession or knowledge of the said A B, or into 
 the hands or possession of any other person or persons for 
 him, and the same so made do exhibit into the said Court 
 of , wlieii lie shall be thereto required; and such 
 
 goods, chattels and credits do well and truly administer 
 according to law, and do make a just and true account of 
 his actings and doings therein when required by the said 
 Court; and all the rest of the said goods, chattels and 
 credits which shall be found remaining upon the account of 
 the said administration, the same l)eing first allowed by the 
 said Court, shall deliver and pay unto such persons, respec- 
 tively, as are entitled to the same by law ; and if it shall 
 hereafter appear that any last Avill and testament was made 
 by the said deceased, and the same be proved in Court, and 
 the executors obtain a certificate of tlie probate thereof, 
 and the said A B do in such case, if required, render and 
 deliver up the said letters of administration, then this 
 obligation to be void, or else to remain in fall force." 
 
 lb. AVhich bond shall be made payable to the Ordinary of 
 
 arj"' '"*-""'*" '"'the district and his successors, and may be sued in like 
 
 manner, as is prescril)ed in the case of the bond of the 
 
 administrator with the Avill annexed. 
 
 ui. If any Ordinary shall grant letters of administration 
 
 ni^d for want of bond, witliout taking boud and security as aforesaid, he shall be 
 liable to be sued for all damages arising from such neglect 
 by any person interested in the estate. 
 
 If'- 111?^ If the securities for administrators conceive themselves 
 
 Sureties may bo i<>- 
 
 ''*^''<'- in danger of l)eing injured by such suretyship, they may 
 
 petition the Ordinary to whom they are bound for relief, 
 who shall summon the administrator to appear, and there- 
 u})on make such order or decree as the petitioner's case 
 may require: saving the rights of creditors and next of kin. 
 
OZi 
 
 Duties of Executors and Administrators. 
 
 A warrant of appraisement shall he taken when prol)atc a. a..i7S9, v, los.gi^. 
 of any will or letters of administration are granted. And uppraired. '"""•''"'"^y *""* 
 
 .„ , ' , - T • 1 T J. • .^ ii /^ T ^l"*!" of proceeding. 
 
 if the personal propert}^ lie in several districts, the Ordmary 
 shall issne a Avarrant for each district, directed to three or 
 more re])nta1)le freeholders. And the executor (^r admin- 
 istrator shall make an accurate inventory of the personal 
 property of the deceased in the several districts, and ]iroducc 
 the })roperty in the several districts to the ap])raisers for 
 their valuation and estimate. And the apjiraisers heing 
 first sworn to render a just and true account of the projierty ' 
 shown to tliem hy the executor or administrator, sliall 
 proceed to ap}>raise the same; and the executor or admin- 
 istrator shall return the warrant of appraisement with an 
 inveiitorv of all sucli property, and the appraisement and 
 valuation of the same under the hands of the appraisers, 
 to the Ordinary from wdiom the warrant of a])praisement 
 issued, within the time specified therein. 
 
 And every appraisement made as aforesaid may be given ,,, 
 in evidence in any action against the executors or adniin-i,,,{';,'',7c?!iHTs^%! 
 istrators to prove tlie value of the estate, but shall not be 
 conclusive if it appear that the estate was really worth or 
 actually and bona Jidc sold for more or less than such ap- 
 praisement. 
 
 The appraisers shall he severally allowed one dollar per „^ .^^ 
 day while engaged in the appraisement of the estate, to be -M.^raisii^- ueg. 
 allowed the executors or administrators in their accounts. 
 
 If any person b}' his will ap[)oint his debtor to l)e his n,.. ?2.^. 
 executor, such appointment shall not, in law or equity, beeutors." "'''"""'" 
 construed to be a release of the debt, which shall l>c in- 
 cluded like any other deT)t in the inventory and ai)pi-aise- 
 ment of the estate, unless the testator do in liis will expressly 
 declare his intention to release the same. 
 
 Every executor or administrator shall give three weeks n,.. m. 
 notice, by advertisement in one <.f the gazettes printed j,, j^Togivc „.-ticot,..rr.ti. 
 
tlie district, or if tliere be iioiio, in some ffuzette of gcn- 
 enil circulation in tlie district, lor creditors to render an 
 account of their demands, duly attested; and tliey shall be 
 allowed twelve months lo ascertuin the debts due from the 
 deceased, reckojiinif from probate of the will or grant of 
 ailministr.ition. 
 
 It. Credilt)rs neglecting to render a statement of their debts 
 
 Cr«ili«.>rs neplorliiiK . . " , . , 
 
 fho notice KHies hunink.^vithin the timc aforcsaul, sliall not charge the executors 
 for assets disbursed by them in jiayment of other debts. 
 
 ii>. Xo iiction shall be commenced against an executor or 
 
 No suit witliin nine ,.. ^.i /» '~ ^ i ■> ■, 
 
 "<|,. administrator lor the recovery of any debt ot the testator 
 
 or intestate, before the expiration of uine months from his 
 ' decease. 
 
 !,''•■ "r , . . All executors shall annuallv. while the estate shall ro- 
 
 tmt,.r- to..cco.mtan>ni-„^jii,, J,, ^jj^.j,. ],;,„, [s, reiulcr to thc Ordinary having juris- 
 
 ally, or lose their coin 
 
 diction of the case, a just and true account upon oath of 
 thc receijits and expenditures of the preceding year for 
 ami on account of the estate. .Viid tlie said account shall 
 be deposited w'ith the inventory and appraisement and 
 other i»apers belonging to such estate; there to remain for 
 the inspection and examination of all persons interested 
 therein. And if any executor or administrator shall fail 
 to render such annual accounts, he shall not be entitled to 
 any commission for his services during the year in which 
 such laihire may occur. 
 
 A.A .Two.vi.iie.?'.".'. The commission allowed to executors and administrators 
 
 (.'■illlllliKllioIl or t Wll Mll'l 
 
 on.- i.aif p.T cent, on n- as comrtcnsation for theii' services in the execution of their 
 
 i-eiMn;;, iimi Hutni* in jm.v- * 
 
 ''"-'"*■»>■ several duties, shall be two and one-half i)er cent, on all 
 
 sums received, and the same upon all sums paid away in 
 a due course of administration: Provided, that no executor 
 shall be entitled to more than ten per cent, upon the amount 
 of interest received for money let out at interest and again 
 called in, nor shall any legatee or creditor, in the character 
 of executor or administrator, be entitled to any commission 
 upon receiving his own debt or legacy. 
 
 exec(ll!a>'' ami''li"S 'J'^'*-' commissious allowcd to executors and administra- 
 i^tXiWc'cT'''"" '"tors shall be divided among them by tlie judgment of the 
 
520 
 
 Ordinary, in proportion to the merits of their respective 
 services, when they cannot agree among themselves. 
 
 If some of the executors refuse or neglect to fiualify, ^^.-^-^^j^^j^i vij'"- 
 those wlio prove the will may sell the hinds which the ^,;i;i;^^,:;;^^";j;y7., ":;?,';: 
 testator has directed to he sold. And if the testator directs ';.\,,,'„'ne,,/th7a'im'iiii^ 
 
 ^ • 1 1 j_ i 11'j.ij. *i* J. 11 ii tiator witli tlio will uu- 
 
 his lands to be sold without appointing any one to sell, the „exed may seii. 
 executors who prove the will, or a majority of them, shall 
 sell. And in case all the executors die or renounce, the 
 authority to sell shall vest in the administrator with the 
 will annexed. 
 
 Executors and administrators shall not have anthority to a. a.. 1824. vi, 238. 
 
 ,, .,, , 1 J. . -.-i . -in No s»le without lt^nv» 
 
 sell either real or personal estate without an order from from ordinary or Equity, 
 the Ordinary or the Court of Equity, unless it be directed 
 by the will. 
 
 And if they take such security at their sales as shall be a. a., nsa. v. loo.^i-.i. 
 
 ,, 'ii'/T»' !• 1 11- If executors fail to tukf- 
 
 clearly proved to be msumcient at the time, they and their security, they are iiahie. 
 securities shall be liable for the loss. 
 
 In cases wliere there are two or more executors or ad- a. a.. 1792. vn. 2R2. 
 
 How to jirorocd with 
 
 ministrators, and one or more of them reside out of the'^'"^'^"'"""''"''*^- 
 State, the creditor may sue out his writ against them all; 
 and the writ being served on the parties in the State, and 
 the absence of the others suggested in the declaration, the 
 proceedings shall be good and effectual to authorize a re- 
 covery of judgment, and the issue execution to be levied 
 of the assets of the estate: Provided, that such judgment 
 and recovery shall not work a devastavit against the other 
 parties. 
 
 Executors in their own wrong shall be liable to be sued A.A..n92. v. 11.:. g:!j. 
 
 *-. i^T Exerutors in their own 
 
 as trespassers, and may also be cited before the Ordinary «rong iiabio«» tresp,.-- 
 of the district or the Court of Chancery to make discovery 
 of the goods and chattels, rights and credits of the de- 
 ceased that may have to come to their hands. And the 
 executors or administrators of persons that liave made 
 themselves liable as executors in their own wrong shall be 
 liable and chargeable in the same manner as their testator 
 34 
 
o30 
 
 ..m^'mV2?Vi?"ap u!"^' intestate was, or would liavo Ix'oii if liviiii;-. And the 
 
 .smiUi^rcamip. 1 '^^"10 Tulc slial! ni»[ily to the executors or administrators of 
 
 Kich. h.i. 123. j^j^y exe(_.utor or achiiinistrator of riglit, wlio may waste or 
 
 convert to his own use the goods or estate of his testator 
 
 or intestate. 
 
 A. A. is.'io, XI.02. An executor or administratoi* may iturcliasc the i)roi>erty 
 
 ■^vnwticH. or thi' deceased, at his own or any other sale; but subject 
 
 to account to tbc jKirties interested for the real value at the 
 time of sale, if purcliased at an under value. 
 
 ,^ In case of such a purchase at Ins own sale, he shall give 
 
 puToh«Ie\nonc'? ^vitli surctv to tlic Ordinary of the district to account 
 
 for the ]»urcliase mone}', and the property purchased shall 
 l)e bound for the }»rice till the debt is discharged. 
 
 A. A., 1842, XI. 232. It sliall bc lawful for the executor or administrator to re- 
 ■f la^ndfroMrordimiryo^nCeive tlic jtrocceds of hiud sold under the authority of tlie 
 
 "''"■' Ordinary, giving bond with good security in double the 
 
 amount, to apply the money in a due course of administra- 
 tion. 
 
 A. A.. 1780. V, 111. 'The assets wliich come to the hands of an executor or 
 
 Order nf payment of . . , ,i 
 
 •lobtB. administrator, after proper allowance to the executor or 
 
 administrator, in a due course of administration, shall be 
 applied to the payment of his debts in the following order, 
 tliat is to say: 1. funeral and other expenses of the last 
 sickness, charges of probate or letters of administration; 
 2. next, debts due to the iJublic; 3. next, judgments, mort- 
 gages and executions — the oldest iirst; 4. next, rent; 5. 
 then bonds and debts by s^iecialty ; lastly, debts by simple 
 contract. But no preference shall be given among the 
 debtors in equal degree, where there is a deficiency of 
 assets, except as to judgments, mortgages and executions: 
 the oldest of which shall be paid first; mortgages to date 
 from the day of recording, and executions from the day 
 when entered in the Sheriff's office: saving to creditors 
 their rights under any special lien. 
 
 lb. If a testator die after the first day of March, the growing- 
 
 Testator dying after ist 1111 . 11 1 c ^ • 
 
 March, growing crop !i8. crop and emblements shall be assets in trie hands of ins 
 
 executor, and the slaves on the plantation employed in agri- 
 
531 
 
 culture, whether held for life, or years, or absolutely, shall 
 not be delivered, nor the executor's possession of the land 
 disturbed till the end of the year. And if any person shall 
 rent or hire land or slaves of a tenant for life who may hap- 
 pen to die in the year, the tenant or hirer shall not be dis- 
 possessed till the crop of the year is got in or harvested; 
 and any security which the deceased may have taken for 
 such rent or hire shall enure for the curr(.'nt year. 
 
 No man having* a wife or child shall, bv deed or will, give a. a., nos. v. 27]. 
 
 , 1 1 • 1 1 "^ • 1 1" 1 1 • "^ • lllesiliimiti' coll- 
 
 to l)aslar(l children or to wonu'u with whom lie may live m i"^i"iis. 
 
 adultery, whether one or more, above the one-fourth part 
 
 of his estate clear of debt; and every conveyance, legacy 
 
 or devise, contrary to this provision, shall be null and void 
 
 for the excess over the clear net value of one-fourth paj-t of 
 
 his estate. 
 
 If no provision be made by will for a child born after j.|^-^.-,|J.^''- ^'^ 107. i> 
 the will, or i'or a posthumous child of the testator, such child Aiiei-.i.oiy »ii,i ,,om!„ 
 shall he entitled to share with the other children; and the 
 legacies of the other children shall pro[>ortionably abate, or 
 contribute to make the portion of such after-born or pos- 
 thumous child equal to a child's share. 
 
 If a child to whom a legacv of real or personal estate is a. a. nsg. v.107. 
 
 , 1 .,,,.. ,',.,/. „ , . . Cliild (i.viiig in tcKln 
 
 given by the will die in the lifetime 01 testator, leaving issue, tor's liiviimc. 
 such issue shall take the legacy bequeathed to the parent, 
 unless the child shall have been advanced subsequent to the 
 will ; in which case, such advancement shall go in satisfac- 
 tion of the legacy for so much. 
 
 When there is no administrator or (>xecutor, and the a.a..is57. .\ii.wi7. 
 
 ., ,. -ii !•• !• 1111 AiliiiiiiiKtriitiiin coiii- 
 
 cstate is (lerehct or partiallv unadministt'red. it shall hcmin.Mi t.. Masipi- ..1 
 
 11 ciz-i ••' Ar !•• 1 Cdriiiiiifsiontr. 
 
 the duty 01 the Commissioner or Master to administer, and 
 the Ordinary shall be bound to grant letters of administra- 
 ti(ui to him after forty days notice in a public newspaper 
 in the district, or in the nearest newspa}»er of general cir- 
 culation: Proridcd, that no person, otherwise entitled, shall, 
 ill the meantime, apply, and that the value of the estate 
 do not exceed live thousand dollars. And if any person, 
 otherwise entitled, sliall afterwards ajtiily, and offer the 
 requisite security, the administration above mentioned shall 
 be revoked. 
 
532 
 »»• , Tlie Master or Commissioner so adniinisterins: shall 
 
 Bond. , O 
 
 commisMon of -i.irii ciiter iiito boiid for the faithful discharge of all the duties 
 
 :uIiniiiiHtrat<.ir. ~ 
 
 of the office, and be entitled to five }ier cent, on all sums 
 collected by him. 
 
 II,. In addition to his accounts filed with the Ordinary, the 
 
 tooXmryanrcw SO administering shall submit an 
 
 '"''■ account of the estate, showinir fully the state of his con- 
 
 nexion with the same to the Chancellor, at the same time 
 with the accounts of the estates in his hands uikUt the 
 order of the Court. 
 
 Letters nd bona eoUi- Thc Mastcr may also apply for and obtain from the Or- 
 f,»utum. dinary letters ad bona colli(/ciulitn), on the terms upon which 
 
 such letters are due ; and in such case may, with the per- 
 mission of a Chancellor in Court, or at Chambers, sell 
 such articles as are perishable. 
 
 (c.) — Exposition of Words. 
 
 A.A.. 1824. VI.237. No words of limitation shall be necessary to a devise of 
 land in fee simple; but every gift of land by devise shall 
 be considered as a gift in fee simple, unless such a construc- 
 tion be inconsistent with the intention of the testator — 
 express or implied. 
 
 A. A.. 1863. xu. 298. lu all dccds made since the twentieth day of December, 
 1853, or hereafter to be made, when a limitation over occurs, 
 to take effect on the deatli of an}' person without heirs, or 
 heirs of the body, or issue, or without leaving heirs or 
 issue or other equivalent words, such words shall not be 
 construed to mean an indefinite fiiilure of issue, but a fiiil- 
 ure of issue at the time of the death of such person. And 
 tlie same rule shall apply to all wills of persons who have 
 died since the twentieth day of December, 1853, or may 
 hereafter die.* 
 
 •vLit.,7. b. When an interest or reversion is given or limited to the 
 
 lieirs of such a one, as a designation of the person, the 
 word heirs shall be judicially understood to mean the per- 
 son or persons who are called to the succession by the 
 rules of distribution and descent in right of blood. f 
 
 *The onlj' alteration is to include real estate devised after a dying without 
 hiiviitij issue, to meet the case of Maz^'ck v. Vanderhorst, Bail. Eq., 47. 
 
 f This paragraph is intended to settle the question decided by a divided Couit in 
 Scabrook v. Seitbrook. 
 
APPENDIX. 
 
 Paqc 177. — The followina: should succeed the second sec- a. a.. 1-12. 11. 696; 
 
 .. * ,, ,, rrn ^l^ t^ • • x- j^i -r. n IS'W, VI. 410: 1S31. VI, 
 
 tion on the page: " Ihey [the Commissioners of the Poor] 432. 
 
 , ., ., "" 1 • 1 ^ 1 1 •! 1 •.! ,1 AVh.itcliiUIioiiCominiP- 
 
 have aiitnorit}^ to bind out orphan cliudren, with the con- sioneis of the Poor may 
 
 , o i\ /••! 1-1 1 o ^ '''"'' ""'• *°'^ ^°'^ long. 
 
 sent ot the next iriend, and independent ot such consent 
 may bind out chikh-en chargeable to the parish, and illegit- 
 imates and children of the dissolute poor: boys till twenty- 
 one; girls till eighteen or marriage." 
 
 " Any Commissioner, by his warrant directed to a Con- comin?s8k^orR S \%. 
 stable or to the Sheriff of the district, may recpiirc a child, ^'^^Xbetou^^^^^^^^ 
 coming wuthin the foregoing description, to be brought""'*""""'^" 
 before the board at its next meeting, to be disposed of in 
 the article of apprenticeship, as the board may determine. 
 And the Constable or Sheriff to whom such warrant may 
 be directed shall serve the same, and be entitled to the 
 same fees as in like cases, to be defrayed out of the funds 
 of the board." 
 
 Pafic 136. — Strike out the words ''where the sum ex- 
 ceeds twenty dollars," and insert in the margin : "A. A., 
 1829, VI, 388." 
 
 Pacfc 148. — Add to the last sentence on the page the 
 words "and no further." 
 
 P((fie 212. — At close of first section insert: "The qualifi- a. a.. 1850. xikm. 
 cation of a Commissioner shall be the jtossession of landed 
 property on Charleston Neck worth at least five hundred 
 dollars, or a residence therein for six months immediately 
 preceding the election." 
 
534 
 
 A. A.. 1S4.3. xi.2<ii. After pafjc 214, insert: '' Tlio President and Directors 
 
 tionie-iuiied except pri- 01 the Jiankoi the ^tate ot ^outh Carolina shall furnish 
 
 any intormation required hy tlie Legi.shiture except the 
 
 private accounts of individuals." 
 
 « ^ 
 
 A. A„ih62,xn.ioo. '• Tliey shall not subscribe to an\- railroad or work of in- 
 
 Sliall not Mibscribc to . . " ... * . , t n 
 
 Kuiir..ii.is. et... witii-nt tcmal 1 niprovemeii t eitiier Avitinn or without tiie btate, 
 
 permission. , .. ^iT-i -ii 
 
 withctut tiie i)ermission ol the Legislature first liad and 
 obtained." 
 
 \. A.. isu!. vii]..v2j. After Powdei' l\ecei\cr and Arsenal Ivee}>(.'r, insert tbe 
 following: "It shall be the duty of the Governor, from time 
 to time, to examine or cause to be examined by some proper 
 officer, tlie situation of the respective arsenals thixMighout 
 the State ; and require security from the Arsenal Keepers, 
 and remove tliem for negligence, improper conduct or in- 
 capacity for pei'forming the duties devolving on them as 
 such, and to appoint, in cases of removal, other jiersons to 
 sup[>ly the vacancies thereby created." 
 
 A. A.. ^^•■W. M ::<.. 
 
 A. A., isr.7. \ii.i;i»;i. 
 
 At pofic 162 is to be inserted as follows: 
 
 "It shall be the duty of every Constable to return any 
 warrant of execution, within a reasonable time, to the Jus- 
 tice from whom he received it. And for failure in this 
 duty, any Justice of the Peace may lay him under a two 
 days' rule, to show cause why lie has not made a proper 
 return of the warraid ; and if he should fail to show suf- 
 ficient cause, the Justice may make the rule absolute, and 
 order him to pay the mone^' by a day certain. And the 
 failure of the Constable to com[)Iy with such order, shall be 
 deemed a breach of his official bond, which may, there- 
 upon, be put in suit against his sureties. And the costs of 
 the rule, as in causes small and mean, shall be recovered 
 with the debt." 
 
 On pdfjc 482, Miscellaneous, after section 3 : 
 " The tenure of houses and lots on Sullivan's island shall 
 be e(iuivalent to that of a tenancy from year to year, deter- 
 minable at any time on the demand of the Governor, with 
 the privilege, on the part of the tcmmts, of removing the 
 
 i 
 
535 
 
 buildings, and of exercising and enjoying all the rights 
 which tenants for yC'ars are entitled to." 
 
 Pcujc 8. — After Judicial Districts, add the boundaries of 
 Clarendon, from A. A., 1857, XII, 611. 
 
 » 
 The money of account shall be ex])ressed in dollars or Money. 
 
 , ... .\. C. 1792 1 StAl. al 
 
 units, (limes or tenths, cents or liundredths, and mills or Large, 250. 
 thousamUlis; a dime being the tenth of a dollar; a cent 
 the hundredth of a dollar; a mill the thousandth part of a 
 dollar; and all public accounts shall be kei)t in conformity 
 with this regulation. 
 
 For Gold Coinage, see 4 8tat. at Large, 099 ; Foreign 
 Silver Coii^s, lb., 681 ; Foreign (iold Coins, lb., 700. 
 
 Omifh'd at page 500: "No goods or chattels lying or A.n. 1700. n.w. 
 being on any premises that are held under any lease shall 
 be taken in execution, unless the execution creditor, before 
 the removal of such goods or chattels, shall pay to the 
 landlord the money due to him, not exceeding one year's 
 rent; and the Sheriff is empowered to levy and pay to the 
 plaintiff as well the money \sii\<X for rent as the execution 
 money." 
 
 To follow page 514: "All protested bills shall carry inter- a- a., use. iv. 741. 
 est from the day of payment." 
 
 " Damages on Foreign Bills of Exchange returned pro- n.. 
 tested, if drawn on persons resident in the United States, 
 shall be 10 per cent. ; if drawn on persons resident in the 
 West Indies, 12| per cent.; and if drawn on persons resi- 
 dent abroad in any other part of the world, 15 per cent., 
 with all incidental pharges. 
 
 "The Jury shall have power to regulate the verdict ib. 
 according to the true difference of exchange." 
 
68G 
 
 Recent experience has shown thiit tliere are shiveholders 
 capable of encouraging- tlio lawless behavior of their ne- 
 groes to the detriment and annoyance of their neighbors — 
 even to the extent of a common nuisance — without incur- 
 ring the penalty denounced against accessaries. Sucli 
 conduct comes within the purview of the laws on the sub- 
 ject of disorderly houses. And the following is proposed 
 as a remedy : 
 
 If any person shall, by neglect or connivance, fail to 
 enforce on his negroes the rules of good order and respect 
 for the rights of property, or sutler his plantation to be 
 infested with thieves or become an annoyance to his neigh- 
 bors, he shall be liable to be indicted and punished as for a 
 nuisance in keeping a disorderly plantation. 
 
 E R Jl A T A . 
 
 Page 206. — For "the presents," read "these presents." 
 
 Page 210. — Fill blank with "commercial." 
 
 Next line for "person," read "persons." 
 
 Page 211. — Eighteenth line for "intended," read "included." 
 
 Page 216. — Last line, read "shall" before " have." 
 
 Page 216. — For "1768" in margin, read "1769" — error by following 
 Cooper. 
 
 Page 219. — Same error to be corrected. 
 
 Page 222. — Same error to be corrected. 
 
 Page 272. — Dele Catawba Indians. 
 
 Page 392. — The note should be at the foot of the page, and refer to the 
 section respecting actions of trespass to try title. 
 
 Page 504. — In the third line of the first section under the head of Mort- 
 gages, insert afler the word "mortgaged" these words: " As long as the 
 mortgagee continues in possession." 
 
 Page 520. — To the marginal note, 11 and 12 W. .*?, add "II, 542." 
 
PORTION OF THE CODE 
 
 OF 
 
 STATUTE LAW 
 
 OF 
 
 SOUTH CAROLINA. 
 
 SUBMITTED TO THE GENERAL ASSEMBLY, AS REQUIRED 
 BY A. A., 1859, XH, 762, § 4. 
 
 J. L. PETIGEU, 
 
 COM M^I 8SI0NER OF THE CODE. 
 
 Books III, IV, V. 
 
 CHAELESTON i 
 
 STEAM POWER PRESS OF EVANS 4 COGSWELL, 
 No. 3 Broad and 103 East Bay Streets. 
 
 • 1862. 
 
To THE General Assembly 
 
 OF the State op South Carolina: 
 
 The third and last number of the condensed and revised 
 Statute Law of the State is now submitted for your exami- 
 nation and approval. The work cannot be committed to 
 the press until it has received j^our sanction ; and the finish- 
 ing hand of an editor will be needed to incorporate the ad- 
 ditions and corrections in the body of the work, to number 
 the sections or paragraphs for the purpose of reference, and 
 reduce the several indexes to one table of contents. 
 
 It will bo seen that the editor has introduced various new 
 regulations into the Penal Code, under the impression that 
 upon this head the Statute Law needed further legislation 
 as much as methodical arrangement. These attempts are in 
 pursuance of suggestions brought to your notice in his first 
 JRepOrt; and it is hoped they will be favorably received, as 
 nothing new has been admitted that is not called for by 
 existing evils, and recommended by the example both of 
 English and American authority. 
 
 The reduction of the Statute Law of the State to the 
 form of a consistent work will be a subject of congratula- 
 tion when completed, for the want of it has long been felt. 
 As early as 1712, Chief Justice Trott's book was adopted as 
 an authentic compilation, and sent to New York to be 
 printed — see II Statutes at Large, 602. The want of a fur- 
 ther publication was soon felt, and in the year 1721 a Cora- 
 mission of three members of the Assembly was appointed 
 
to ryxiM. ih»t < .n«cUua a* «.:: i-. tU- MibMqucnt AcU, •nd 
 
 .^ fi-r U.. »AU.'ti of the Comiuiuiiion. 
 
 It m Dot known how ihiu scheme 
 
 Ml ihromglk — 9K9 IH Coopcr't ooU, ib., 786. In 1785, the 
 
 >hu«r«. oom|>laining of Ibc olwcaritjr *nd confuniun aris- 
 
 ^ ncf^c< ( ' ' j..iiutod a Commis- 
 
 i.. ,..,•«• and .1 vcJ under liritinh 
 
 »utfiuni/ «• well M t jii-nl dale. This bccms 
 
 to have laM the foandation for tliat umtAiI compilation, the 
 P«blk \mw%, cditod bj Jad^> (irimkd; l>ut the Commission- 
 • > made no rc|>orif and nothing WM done in tho way 
 of rvrhrfon or the mnoval of iho obecurity complained of. 
 TbU obM'ttrity arose In part rVoui tlic adoption of British 
 Sutnt'^ hav'- • r'-f-ifnc* to a utato of thin>fj* diflVring widely 
 Itvai tho cir . i^; «ii of the n.lony, where the law was to 
 be adniiubtorr^i— • difflpulty mnch Increased in consequence 
 of the new ..nler of thingi produced by the Hoparation of 
 the I'rorlnco from the Mother country — see IV Stat., 659. 
 The aabjeot waa thou^Mlt Nufficiently important to attract 
 ibr particular nolleo <if the fVnmerH of the Constitution of 
 1790, wbo annexed an Artirle to the Constitution in the fol- 
 lowing terms : 
 
 ** That the I^jfii«Iature shall make effectual provision for 
 l«Ti«in((. digesting, and publishirg the Laws of this State, 
 ao that a geaeral knowledge thereof may he ditfused among 
 the ciUsenii of tbla State " 
 
 Dr. Cooper, in the ProflMje U> the Statutes, very properly 
 rvmaricM that his cotnpilation will incnMiso the necessity for 
 the lun;\; pro)ect«Ml revinion and di^cHt, and greatly facilitate 
 tbe execution of it. And happy will the editor esteem 
 himnelf, if tbe work now prfKcnted for your exuniination 
 shall he deemed worthy of the expectations in which it 
 originated. 
 
REPORT. 
 
 Some errors have pl-obably escaped him, for even in Dr. 
 Cooper's compihition omissions and mistakes have been de- 
 tected, Avhich 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 pro- 
 gress of the work, and form the subject of an Appendix. 
 No inconsiderable share of that part of the present number 
 is occasioned by contemporary legislation, and he is some- 
 Avhat consoled for the bulk of this part of his work by the 
 consideration that the Corrigenda and Addenda to Chitty 
 and Bevjin's Statutes of practical utility occupy one hun- 
 dred and twenty pages of their last volume. 
 
 With a grateful sense of the confidence of the Legisla- 
 ture, and an earnest desire that his work may be found 
 worthy of their approval, it is submitted to their judgment. 
 
 J. L. PBTIGEU, 
 
 Commissioner on the Code. 
 
INDEX. 
 
 The references between pages 177 and 265 are to the second Number. 
 
 Abduction : 
 
 Of women, felony 608 
 
 Of female under age of sixteen, felony 609 
 
 Abjuration: 
 
 Oath of 739 
 
 Abuse of the Process of the Court, misdemeanor 625 
 
 Addenda et Corrigenda ^. . 737 
 
 Administration of Estate of Stranger : 
 
 Simple contract debts to citizens to rank with bonds 759 
 
 Administrator de bonis non : 
 
 May maintain scire facias, or debt, on judgment recovered by 
 
 executor 524 
 
 Alien Widows : 
 
 May take in default of heirs 758 
 
 Allegiance : 
 
 Oath of 739 
 
 Amendments and Jeofails: 
 
 Judges authorized to amend all clerical errors, as well after 
 
 judgment as before 550 
 
 After issue tried, no mispleading, etc., shall interfere with 
 
 judgment on the merits lb. 
 
 Indictments for treason and felony and popular actions ex- 
 cepted lb. 
 
 After demurrer joined, no matters of form regarded but those 
 
 specified with the demurrer lb. 
 
 Verdict not to be set aside for variance between writ and 
 declaration, or want of averment of a life in l)eing, or 
 misnomer of the jury, or want of return of the venire, or 
 absence of the name of the returning officer, or because 
 infant plaintiff appeared by attorney lb. 
 
 But these regulations do not extend to indictments for trea- 
 son or felony, nor to popular actions lb. 
 
»m 
 
 TXDUL 
 
 j^. . rm, etc 551 
 
 XL '- " — — ^ -- — . — r. . •'•<iinp» 
 
 •• </ rounr. w^ i1k> rxrr{>Uoa of |iopular acUoDA, iii- 
 dirtMraU, md prewntmenU Ilj- 
 
 A8 MCMM of •/M/il MOeBdnl lo jadgmont* by confession 
 Md iMuih lb. 
 
 J«%v Buy orrlcr anrndmrnl wl^n Uicre U a variance bo- 
 f w vfiOM ■iftrr and iU dow^ptlon in tho dcolara- 
 tioa . . ^^■ 
 
 ArruMtA. CocBT o» 
 
 J«^a wlw tmd CMP to »pn<< np hin nnto* nf the evidence, if 
 
 raqaiRd 749 
 
 Library of in Charioatoo, appnipriation for incr(>aj>c of 761 
 
 UbrariaM of lb. 
 
 AftM* Axt> Movmom or Wa« : 
 
 Qofmrmar to anaunc t)i<< arRcnal 
 
 Ajumk 
 
 ▲CCTKMI 
 
 QualiAratinn of aa 
 
 Ik l<'< p buolu and it»\ lix- 
 »'. ..>ii» for Mgleri I-. .....I 
 
 foTHUin- 
 I. 
 I* 
 
 
 f.iS 
 
 
 GU4 
 
 
 562 
 
 Mi.tlitir*! 
 
 Th. 
 
 I r ijMTty 
 
 Ih. 
 
 
 :»i3 
 
 
 lb. 
 
 of lifvniio . . . . 
 
 lb. 
 
 ; i\ 
 
 lb. 
 
 
 lb. 
 
 
 • i| persons, 
 
 ;i 
 
 >.ili-s, free 
 
 
 lb. 
 
 fr. 
 
 AtTOlTOKa : 
 
 In ^li< 564 
 
 Bau 
 
 ).« . -i». .' . ' 740 
 
 ■Jl [..iw. r • \ not granted to Jiulpc 
 
 1 ommoii law jurisdii*- 
 ■ ' of tin- lVa<e (nfe) . 588 
 
 'I Kavc ihff pnvili«gp« of fpecial bail 552 
 
 I'. lb. 
 
 Hamk Of 1 HE STATK 746 
 
 BuitriT or Clkkqt 
 
 A'"''" : : fi04 
 
 r . i<!i<'t*d, except for offences enu- 
 
 oi' i^y horeafier b« dcelared to be so ^_ 
 
 rt^ 
 
 <> '04,605,606,607 
 
 BlOAMT, f. ; ■..■ 608 
 
INDEX. m 
 
 Bills of Exchange : 
 
 Interest and damages on 757 
 
 Bills OF Exception: 
 
 How granted 588 
 
 Duty of Judge to allow 392 
 
 Boat : 
 
 Casting adrift, how punished 619 
 
 Branding : 
 
 Abolished 608 
 
 Breaking dwelling and stealing therefrom 605 
 
 Bribery 625 
 
 Buggery 604 
 
 Burglary : 605 
 
 Reward for apprehension of burglar 606 
 
 Pension to person maimed or disabled by l)urglar lb. 
 
 Burning : 
 
 Of dwelling-house, barn, or stable containing grain or corn, 
 
 state house, court-house, or church, capital felony 604 
 
 Of public hall, assembly-room, lecture-room, storehouse, out- 
 house, or bridge of the value of one hundred dollars, 
 
 felony 610 
 
 Of rice, corn, grain, or hay, kiln for making brick, tar, or coal, 
 
 or seasoning lumber, in niglit-time, felony Ih. 
 
 Of same in day-time, misdemeanor 618 
 
 Of the woods, misdemeanor 639 
 
 Cattle : 
 
 Killing of in night-time, felony 610 
 
 .Stealing, how punished 612 
 
 Marking or disfiguring lb. 
 
 Cessions to the Confederate States 737 
 
 Champerty 626 
 
 Charleston: 
 
 City Council authorized to regulate interments 749 
 
 may appoint inspectors of naval .stores lb. 
 
 Citizens : 
 
 Who are 738 
 
 Clandestine Burial 627 
 
 Commissioners of Public Buildings: 
 
 Fines not otherwise apj)ropriated to be paid to 594 
 
 To furnish suitable rooms when court-house under repair . . . 746 
 
 ^^ blankets, etc., to prisoners lb. 
 
 CoirwrssioNERs of the Poor: 
 
 ^lay bind out orphan children with consent, paupers by their 
 
 own authority 744 
 
 May require such children to be brought before the Board . . lb. 
 
far MM«h w,th rrrr sit 
 
 00«*TAK1 B 
 
 '^ Iw ^v4twi• -»i I ~... >•;... ... J...... '44 
 
 ObSTV 
 
 PcJIow tiiv jodgawnl in man'/awiM.*, (jTtin trtirranto, ao<l /)ro- 
 
 MUrwn 446 
 
 Allovtod tn plalntiir in all riril •du hut popular artlons, 
 
 wHra bf rwovfni 864 
 
 AUf«") In ^••frn.Unt if plainUfT be nonmiit, nonprossed, or 
 
 .n lb. 
 
 ^ lltl lit in hroujrht bv an executor or a<1niinis- 
 
 irstiir or«i'(»ikjinh- nuin|: in hii* n'pn'wntativc r.ipacity, 
 
 '■ »< he »ii(ren« ju<ljnnent of nonsuit, or nonpros, or 
 
 \* a faW plea lb. 
 
 To Ix ; .«nl bv <l<-r<-ii(lnnt wlu-n several ph-nj* are picailcfl, and 
 »....,. of the JMne!! are found for piaintiiT and sonu' for 
 
 f.i) lb. 
 
 t\\ ;ii aetJoM of tort against several, if one be 
 
 • iuiuvd 565 
 
 !■ aruoDi aoundin}; in damagcK, none allowed unless verdict 
 
 pxTM^d ? 1 2 2 1 lb. 
 
 In any art inn brought to try the right of j)roperty, verdict 
 
 ff.r S4 earrien lb. 
 
 If lh<' demand do not exceed S'lO, only half costs allowed . . lb. 
 
 penally for taking nutre than half costs in such cases 566 
 
 A< -tiun for will not lie a'lainst eliont unless bill, certified l)y 
 
 • In- fip.C r«-n<lered lb. 
 
 r. iti wliat caM's deiuaiidable Jb. 
 
 Atio .' Auit fur ni>ii-re.sident liable for costs of 
 
 ' . Kt'>ti>lcr, ;ui<l Master lb. 
 
 AUki ■, and Sberitl' eulitled to have their cost« taxed 
 
 f- nj • :it whi<li tlie suit el^a.ses lb. 
 
 M rruKiii* ! ^vithout trial, not liable for lb. 
 
 "I .^ti' ! .1 |Htilioa lb. 
 
 •' ■ 11 Miit.H ill e<|uity when the 
 
 Ik- »«lue lit' S"J. .')(><• 567 
 
 '^ "^ , 'it "«" a joint and wveral ohlijiatiou, full 
 
 IV and only one-fourth in the others lb. 
 Bill <»i ' t" .iiiiH-xcii t<i every execution in which costs are 
 
 in< liidj"*! 5tj7 
 
 Of » 'in prosecotiona for horse stealing, 
 
 61« 
 
 Cotton: 
 
 Tara aot aUowed in 562 
 
 oulofUMt V 611 
 
INDEX. 
 
 Counterfeiting : 
 
 Punishment of 
 
 Currency, Decimal : 
 
 All accounts shall be kept in dollars and cents 756 
 
 Damages : 
 
 Action for, in case of injury causing death, shall lie at suit of 
 
 executor for benefit of family 589 
 
 Costs to follow the result lb. 
 
 •* In case of sheep killed by dogs, to be recovered of owners. . 590 
 
 Verdict for $2 carries costs lb. 
 
 See Bills of Exchange. 
 
 Debt : 
 
 Of execution debtor dying in prison, not thereby extin- 
 guished 756 
 
 Distress: 
 
 Lies for recovery of rent in arrear from tenants holding over. lb. 
 
 Distribution of Estates: 
 
 Shall be equitable 740 
 
 Dogs : (see Damages) 
 
 Of negroes, tax on 590 
 
 Master to make return lb. 
 
 Duelling : 
 
 Person preparing to fight out of the state may be arrested. . . 615 
 
 Duty of Justices of the Peace lb. 
 
 Persons engaged in duel not protected from giving evidence 
 
 as witnesses lb. 
 
 Penalty against all concerned 616 
 
 Elections : 
 
 General to be held on first Tuesday after second Monday in 
 
 October 741 
 
 Votes to be publicly counted in the several precincts at the 
 
 ■^ close of the poll lb. 
 
 **• In St. Luke's parish, as heretofore lb. 
 
 In St. Philip's and St. Michael's, to be held at ten i)recincts . 742 
 
 Embezzlement : 
 
 By clerks, bankers, and attorney's, punished as misdemeanor. 622 
 Saving of the right to sell, of lieu creditors 623 
 
 Escape : 
 
 In a<'tion of, retaking on fresh pursuit no defence, unless 
 
 specially pleaded, with affidavit 748 
 
 ^K. Prisoner under civil process escaping may be retaken by a 
 
 new capias on the Lord's day lb. 
 
 Refusal of Sheriff to proiluce prisoner after one day's notice 
 
 adjudged an lb. 
 
T»— »<|< f^"** T"^' 
 
 ?,~. 
 
 Fir 
 
 l> 
 
 (>qoal to 
 
 the 
 
 556 
 
 ikir fliflk' 
 
 J.Tlf OVIlll 
 
 •n<M' 
 
 
 
 
 
 ih. 
 
 <i^ lnn<i or 
 CWufraU- u^ lk« PabSr W«<fiwr <iriildin<^«f lix- woigiit ot' 
 
 prwlorr nold H). 
 
 TrAtiarnpl frum 8lirriff'» U^.k. •'>6« 
 
 Honk* of *\iitp kmptn, inAmmrm, and ilortom. with mipple- 
 mcmimrj mmik tt Ife* 1^>'*y ni«kiii|[ tho cntrio*. aiimittod 
 M •TJdw— of ffaodi «oU. «"Hc done, or w>rvio<>8 n ii- 
 
 dmd ^^ 
 
 ** of aol* MKlrr OS Um auar fcodnfr as thow of other 
 
 irmieammt I^- 
 
 nnt rfvii4*«M«> In >im\i« chitnrri fur liijiiur in any case . Tb. 
 
 Vn rx poat heto law Bhall Im- |iA«*o<i hv the Legislature 740 
 
 S.< r.t»rv of S|j»t<-. \v* STO 
 
 \..i.',n.-. Kvhlir lb. 
 
 < I Chiinh 571 
 
 ,1 lb. 
 
 ! - .r 11). 
 
 I l;^ . . . ! r and In«prrtor lb. 
 
 Vli-rkt df Krnalr and IIoiim> of Koptrwntativos Tb. 
 
 '■ ' 572 
 
 .r Oi«f«a rtf Tjiw Tb. 
 
 ' .')74 
 
 lb. 
 
 576 
 
 t ■ ..V .-. * ■•■ . .-..- ..... •■■ - ■■■^ 576 
 
 H<';;iil^r of Mi-»n«- ('<»iiv<'\ um ■ r)79 
 
 . ..■■ i'^-v H). 
 
 .^B^ffWWrtPl^ 581 
 
 M^^^^.m^^ lb. 
 
 !• ' 583 
 
 :T.y. 586 
 
 P"*'- ... lb. 
 
 587 
 
 l-i»t .ilii i' where feo8 arc 
 
 lb. 
 
 BUI • '-xfTHtion in which costs 
 
 lit 
 
 CWt 'Iwl to rerdve from the 
 
 'liat defendant has briMi 
 lb. 
 
INDEX. xm 
 
 Sheriff or Jailer not entitled to fees from the state for diet- 
 ing prisoners, unless they furnish the warrants of com- 
 mitment and orders of release or copies of them 587 
 
 Felony — Capital, punished by death, and includes : 
 
 Murder 604 
 
 Rape lb. 
 
 Carnal knowledge of infant lb. 
 
 Buggery lb. 
 
 Arson of dwelling house, etc lb. 
 
 Robbery §05 
 
 Breaking dwelling, and stealing thence in day-time lb. 
 
 Stabbing a person not having drawn nor struck lb. 
 
 Maiming lb. 
 
 Piracy lb. 
 
 Burglary lb. 
 
 Wilful destruction of ship by master 606 
 
 Obstructing railroad, so as to cause death lb. 
 
 Stealing vessel 607 
 
 slave lb. 
 
 Attempt to poison lb. 
 
 Breaking prison lb. 
 
 Benefit of Clergy abolished 604 
 
 Felony — Not Capital, punished by fine and imprisonment, and in' 
 aggravated cases by solitary confinement or corporal punishment, 
 and includes : 
 
 Offences against the person : 
 
 Bigamy 608 
 
 Abduction lb. 
 
 Offences against projierty : 
 
 Burning certain buildings and bridges by day or 
 night, and burning by night ricks or stacks of 
 corn, grain, or hay, or kilns for making brick, 
 tar, or coal, or seasoning lumber, destroying in 
 
 the night-time horses, sheep, or cattle 610 
 
 Grand larceny lb. 
 
 Marking cattle 612 
 
 1^ Forgery and counterfeiting 613 
 
 ^1 Branding, abolished 608 
 
 Pines: 
 
 Not otherwise appropriated to be paid to Commissioners of 
 
 Public Buildings 594 
 
 In what cases Court of Sessions may moderate or remit 595 
 
 Sheriff and Clerk to keep account of 596 
 
 Sessions sermon to be paid out of lb. 
 
 Fire Hunting (see Game Laws, Book II) 267 
 
 ipisii : 
 
 Stealing from triap, misdemeanor 618 
 
 Fishing by non-resident'i unlawful 637 
 
 ^f- Trap near boat sluice, a nuisance 639 
 
Vr. «-naB tk^a makM Wtty iaiu iuHi br torre or frau«1. The 
 .itfa^kr 1mU« •• te iadinad mm! 6n«<i or iuipri-soDetl, 
 kttd on ixtfanolkn, |>gMH«ua riMli be rMkmNi to the 
 
 j.-ir. !■'.< tf-<L if lar ],»!• itn\ Mi!i»ii4iQg iutei— t 636 
 
 \ -I'SMoit mainUiintMl 
 
 _• a dfU'rrainn- 
 
 1 tifUinor. . lb. 
 il«c that Uk' bill 
 
 wn rb. 
 
 ' nXt} ASti iiciaini T luay be taken 
 
 lilt .likiri. t. uiM.h (lit* application 
 
 lb. 
 
 TW pnxiNxiiu^' nil \'< tiH pr.i- u< •• in tlio ctso of 
 
 taoMUhoki 637 
 
 tKBT 
 
 Ikrin(-<) itx pQDtihai nt . ... t;i3 
 
 Kant lb. 
 
 (■'•in.: ^ ^ lUfd iMony 614 
 
 IikIk iiiii-ni for fdrnpry or counU'iffiting nct'il nut allege in- 
 t ' inv prnon in particular, but intent to 
 .! * lb. 
 
 FoU« noLKn : 
 
 Kavi^alile to M* llar<l\ laiu ^, 74 7 
 
 V . I G28 
 
 1 I'l? may recover it 
 
 b.vk lb. 
 
 May <"<iaip«'' ■\ •'" IhU in <sjuity in aid of hi.-^ 
 
 •rtMM lb. 
 
 CbeaUi^t at ' '. ■ u, ii)t'ainnns punish- 
 
 maaiai. . : v.ilur oi tlic thing 
 
 woa 629 
 
 If a pnwin iJinll win inon- t'..in S'><1 at one oitting he may be 
 
 ii.. lb. 
 
 r •- Any t" 111111 over persons that 
 
 M» In ivior lb. 
 
 t^ Nix.b ■ :l).iuU L) placing while.it is in forec 
 
 f..t 630 
 
 To MMiiit «»t I I win to fi^'ht on aecount of 
 
 ■• money w-m .i; , .... , ! by fine and imprisonment. lb. 
 
 ^^ Inlawful to plajr In any tavfvn, etr., or for the keeper to 
 
 ■^^ |H<nni( ' my barn, «'t<'., or any public 
 
 plari<. iwn view may commit the 
 
 |Mrtt<« uui« i tor their ajtpear- 
 
 »nc«- at <'ii. tiiLler shall be fined 
 
 •600 «i .r»' than twelve months, and 
 
 th>- ^- oo and imprisoned not more 
 
 th- lb. 
 
INDEXfl 20j»^. 
 
 ■.'t Penalty for settinor up a gaming table not more than SSOO 
 
 nor less than $200 631 
 
 Every Sheriff, Deputy Sheriff, Coroner, Justice of the Peace, 
 (jgr and Constable, shall, before entering on his oflice, take an 
 
 ^ oath to enforce this law lb. 
 
 The sentence shall carry imprisonment for twelve months, 
 
 unless the fine be sooner paid lb. 
 
 No person convicted of any offence against this law shall be 
 capable of receiving a license to retail or keep tavern ; 
 
 and such a license, if granted, shall be void lb. 
 
 Misdemeanor for a white person to play with a negro, or be 
 willingly present at such playing, punishable with cor- 
 poral punishment, fine, or imprisonment lb. 
 
 The door of any liousc in which gaming is carried on may be 
 broken by the warrant of a Justice or the Chief Magis- 
 trate of any incorporated town 632 
 
 -^^ No gaming house or house of prostitution shall be allowed 
 within ten miles of the South Carolina College; offender 
 liable as vagrant jb. 
 
 Guardian, Executor, or Trustee : 
 
 Ready to account dying before a final settlement, his execu- 
 tor shall settle the account and receive for the benefit of 
 the estate the commission on paying over 758 
 
 Habeas Corpus : 
 
 The party to whom a writ of habeas corpus is directed shall 
 produce the body of the prisoner, unless the commitment 
 be for treason or felony, plainly expressed in tlic warrant. 537 
 
 Within what time jb. 
 
 True cause of imprisonment to be certified lb. 
 
 How writ to be marked and signed 538 
 
 How and from whom to be obtained lb. 
 
 .C May be obtained at chambers lb. 
 
 Power of Judge to bail for treason or felony not given by 
 statute, but exercised under his common law jurisdic- 
 tion (o) '. lb. 
 
 m^ Justices of the Peace not authorized to bail for treason or 
 
 felony (c) jb. 
 
 f"~ Duty of Judge or Justices when party is brought before 
 
 them 
 
 539 
 
 Not grantable in vacation, or by Justices, if prisoner neglect 
 
 to apply for two terms lb. 
 
 Penalty for not obeying the writ lb. 
 
 Person set at large not to be recommitted but by onhr of 
 
 *o"rt 540 
 
 Penalty for recommitting contrary to law lb. 
 
 Prisoner for treason or felony, not indicted at first term, to be 
 
 bailed Jb. 
 
 Not indicted and tried jrtjgec ond term, to be discharged lb. 
 
- •• Bl lw> — y br ■ ! I !■>»> < wM twi0>^ wndnr » nVw in<<i»-tment {a) 540 
 
 rtal ravar. • • 541 
 
 i-««*iljr for •"■ R). 
 
 CM r deannff writ lb. 
 
 Fiiiw I . . lb. 
 
 JJUMkm ■ 542 
 
 p\Br uh»i Icr uia.v be Jcuiuid a 
 
 n>MDti< i lb. 
 
 Darinir w— ion of tbr court, writ to be returnable before 
 
 .l;jdj»r in opra roart lb. 
 
 I «l i»«<io may he plf.vlo<l in «uita for bri'ai'h of habeas 
 
 cipus Inw lb. 
 
 AfxTwoirir* b«-fttre I he fkrt, to marder or felony, not to be re- 
 
 uiuvihJ or bailed otherwim than aecurding to the common 
 
 Uw 548 
 
 Prianaer broafrht into eoart aa a witness without habeas cor- 
 
 fnu lb. 
 
 Boaitrii 
 
 K im;: of horses, sheep, or eattle, in night-time, felony. ... 610 
 .Si. .i;iii;» of hi>nM*.s, how ptiniiilK-il 611 
 
 Uy non-residents unlawful 637 
 
 IBPIi I III • • Pro<H'«hire) 393 
 
 1 -liiufT or deliverinjj iriHamm.itory writing or dis- 
 course tending to seduce tidi-lity of slaves, form of 603 
 
 For fortftTV ur couiiU'rfcitin;:. form of 614 
 
 For embezzlement, form of 622 
 
 ImTawt : 
 
 Carnal Inowl, .Ire ,,f t-nnl.- imdir l«'ii years, capital felony. 604 
 
 I«TlC■TMe^T^ 
 
 iJy trustceii, cxiMutors, etc., in Stale stock or Confederate 
 
 buuda authorized 753 
 
 ApraiLt (sei> Am«-ndnu'nt8 and Jeofails) 550 
 
 Juauu: 
 
 Qualiti' aii.iii ,,t {note) 457, 753 
 
 Juav ; 
 
 Trial by •ucurctl 740 
 
 Jmticilii or TiiK Pkack : 
 
 Any two may award writ of hnhens corpus 538 
 
 Except for tr«*aHon or felony lb. 
 
 Their fofii 583 
 
 To enforce law for obwrvanoe of the Lord's day 600 
 
 I>uty of, tn — ■ , ~ , j»reparing to fight a duel beyond 
 
 the lit 614 
 
INDEX. 
 
 XVll 
 
 ,\f_f Sworn to enforce law against gaming g3i 
 
 May break door of house where gaming is carried on 632 
 
 Duty of, as to vagrants , g-q 
 
 Land : 
 
 ^^fi"*^^ 596 
 
 Larcent : (see Felony Not Capital) 
 
 Stolen goods to be returned to the owner on conviction of 
 
 ^ !''^^'"^^ 610 
 
 Stealing chattels from furnished lodgings lb 
 
 Buyers and receivers of stolen goods ju' 
 
 Securities for money, subject of larceny tk 
 
 Stealing cotton, corn, etc., not severed, subject of larceny. . . lb. 
 
 aggravated cases, how punished H, 
 
 horses, etc j, 
 
 ^•attle . . 612 
 
 sheep, hogs, goats jh 
 
 °J'«*«''« y..... '.'.'.'. 613 
 
 Librarians of Court of Appeals 751 759 
 
 Lien : ' ' 
 
 Of contractor or mechanic, for building or repairing house . . 560 
 
 Commences with the recording of agreement lb 
 
 Presumed to be satisfied at the end of three years, unless put 
 
 in suit or liquidated ji' 
 
 Enforceable by petition in equity ; tl 
 
 Of mechanics and material-men on ship owned in the state. . 561 
 Limitation of Actions: 
 
 Ten years the period of limitation for actions for recovery of 
 
 land ^ 
 
 e . 546 
 
 having the rights of married women, etc jb 
 
 An action to arrest the statute j. 
 
 A second action by plaintiif within two years after the deter- 
 mination of the first, allowed jb 
 
 Savnig in favor of married women, etc jb 
 
 Nonsuit or discontinuance, cflx-ct of 54- 
 
 Hc'ir not barred until period complete by efflux of time after 
 
 his full ajje -r, 
 
 r, ," . lb. 
 
 JJour years the period for trespass against property, trover, or 
 replevin, debt for rent reserved by deed, debt on simple 
 contract, account, covenant, assumpsit, and case other 
 
 than for wonls j. 
 
 One year for trespass against the person . Jb 
 
 Case for words, six months jJ • 
 
 Saving of actions between merchant and merchant lb 
 
 In actions against executor, etc., nine months to be added to 
 
 IPH the time of limitation (h) ji 
 
 .«» One year allowed for new action, in case of judgment re- ' « 
 
 versed on error, or arrested, or action abatcl 543 
 
 Saving ^iufavOT pi' married women, etc lb 
 
 B 
 
Fh« ymmt aUuvvd to ptnob* lirrood. mm: to infants (bur 
 
 m !•■» aAar omaii^af afw, to briaf tre«fia*K. etc 548 
 
 f F'mm to U- Mr<l for within nx tnualks ^■ 
 
 SnMnctt'a vafc». ^"* 
 
 ^^ Wkea <lrfrD(laai linir niiui from his comii);: 
 
 iato tlw fUU lb. 
 
 ■ ' i.tv, wmMi «ieliver»*d to uiort- 
 
 .*. , 549 
 
 Two jrcJir» 1 . 542 
 
 lA'» DaT: 
 
 () ••-- 600 
 
 ( , <n the, ferleited lb 
 
 S ... i lb. 
 
 1., .i,,i.ii..i lb. 
 
 * S. r^jint* not to I ' on the. lb. 
 
 JuMi.«-» of thv r. - ihii law . . lb. 
 
 Ksct>ptJoa, drMvinp forxi and M>lling milk. *'**! 
 
 " l*ioc« « »wawlt — bantia) voiil. rx(i'|>t for trciMm. cu- Jb. 
 
 **^ N by pHval4.> Autliarity allowed, under penalty of 
 
 •*• . ' ' . 627 
 
 IVO: 
 
 iVilantl capital U\au^ GOf) 
 
 M4«rruiA.<v( k: 
 
 M.-'i.-iucaiUir, dcfinitiuo of C2G 
 
 Mai.ioioiis Miacaatr: 
 
 Puuirbmaotnf 618 
 
 MAXl'AMna: 
 
 ^ 544 
 
 !■ lb. 
 
 l->ii<' un n-lurii i! • . IV tn*"*! 545 
 
 ' ' • 'Klanl may |>1. .»<1 . ^ . r.i! ]>lc:i« lb. 
 
 :.illow tbf i.i<l;:nuiu lb. 
 
 MakitiA*.' 
 
 \ : II S«fretary'n cifficc and Register's, void 7r)5 
 
 .•^ the jipo|MTtT, unli-iw i\ Im- the wife's lb. 
 
 Ill \ .. " '"•■■' I?" •••-'•• ■••■■onUng in Secretary's office 
 
 »n' 756 
 
 HaX till KU-UtiS. 
 
 llnw the luuov li«'n on a ship owiic«l in the state a.s on a 
 
 foreign »hil». 561 
 
 ftlECRAMVMt 
 
 Ii«D gf for building ur rv\mr\np ii>>.i>r 560 
 
 MlI.ITIAt 
 
 (VMntniiiiilrT.ii<-< hi«f, lu« duUvit 643^ 654 
 
 li n-.- 702, 711 
 
 i 
 
INDEX. XIX 
 
 Organization into divisions, brigades, regiments, and beats . . . 654 
 
 Orticers and their duties 657 
 
 Staff of Commander-in-chief lb. 
 
 Division staff 658 
 
 ^ Brigade staff lb. 
 
 Regimental staff lb. 
 
 Company ofRoers lb. 
 
 Term of office lb. 
 
 Qualification and oath 659 
 
 Three months allowed officer to uniform 660 
 
 Major-General, how elected, who eligible, and his duties lb. 
 
 Brigadier, how elected, who eligible, and his duties 671 
 
 Colonels, Lieutenant-Colonels, and Majors 673 
 
 ]\Iajors 676 
 
 •i Adjutant and Inspector-General 679' 
 
 Quarterraaiter-General 679 
 
 Judge Advocate 680 
 
 Commissary-General. 681 
 
 Surgeon-General, Apothecai-y-General, Paymaster-General. . 682 
 
 Company officers . 684 
 
 Resignations, vacancies 687 
 
 Non-commissioned officers 689 
 
 Volunteers : 690 
 
 Cavalry lb. 
 
 Artillery '. 693 
 
 ^ Riflemen 694 
 
 Number of officers and members of volunteer com- 
 panies t 695 
 
 May hold courts martial lb. 
 
 Make constitution and by-laws lb. 
 
 Deficiencies in beat companies to be supplied from . lb. 
 
 Resignations 697 
 
 Receptions and dissolutions 698 
 
 Courts Martial : lb. 
 
 Procedure '. 699 
 
 Reports of defaulters 702 
 
 Executions, by whom and when issued 703 
 
 Fines and forfeitures 706 
 
 Exemptions 708 
 
 Furluuglis 709 
 
 Apjwentices, their arms, liabilities, etc 710 
 
 Hook of In.struction — Cooper's Tactics lb. 
 
 Uniform prescribed : 711 
 
 Beat companies may adopt ]b. 
 
 Invasions, insurrections, etc. : 
 
 Duty of Governor in 712 
 
 Fines for neglect to extend alarm, etc 713 
 
 Powep'of commissioned officers 714 
 
 One fourth of company to remain for patrol duty . • lb. 
 
 m 
 
S lb. 
 
 li , III of private prappn,\ ■ ■ lb. 
 
 Power of GoTvmiN- to order out 706 
 
 lljijor-<>«iieraU. Bri)railitT-< ttiu-rals, aud 
 
 Culdiiik "07 
 
 ! > 708 
 
 \ lb. 
 
 I'av .... lb. 
 
 Rul«'« Mid PeiraUuiunB "09 
 
 riiiiishiuiMit fur not appeariiin lb. 
 
 ClllorCHl |HT!M.Ii«. li.llililiri* nl" 710 
 
 Charlrslnn, ^uanl iliit \ in lb. 
 
 Anti!i and xtun-a, power uT (rov«mur lo remove 711 
 
 PriviKgfK : lb 
 
 Kxi-mption from toll lb. 
 
 from civil |ir.F< t-iv 7u8. 711 
 
 of amu, ctr.. and borsej from levy lb. 
 
 Special and IcM-al .11 u 712 
 
 Kirti-n. r<;.-iiiicnt of. . . lb. 
 
 Kiliiito iyland <-(mi|>aiiy, and W adnialaw nnd John's 
 island cumpayy, to coustitulv a »i>])aratu bat- 
 talion \ lb. 
 
 Pahietto Rifles and Calhoun ArtiiliTv added thtTL'to lb. 
 
 Volunt4-»T Itatlallon, Twrnly-'rhird Ui-yiaieiit 713 
 
 Columbia Artill<r% - Kmnnt (itiards lb. 
 
 St. Il<ii-na lnil<p«Mid«Mit Hatliilion lb. 
 
 Siinitcr ami Clanntlon diMrictx, duty in > . . . 714 
 
 OKI Four lloli^ iH-at company lb. 
 
 Beat No. 7, Six(«'fnth lU-^inu-nt, divi<K-d into two 
 
 ronjpanie!" 715 
 
 Fire (luanl of Charleitton : lb. 
 
 ( Mfjaiii/aiion — <lutii'S lb. 
 
 Miliury Hall of ('harieston 718 
 
 Ri>movaU from lieat« 'n Sixteenth Regiment, to be 
 
 re|>ort<'d lb. 
 
 Hilton II<ad U'at company exempt from regimental 
 
 an<I battalion reviews lb. 
 
 Ninth K4-}riin>'tit of Cavalry, recruiting limits ex- 
 
 lendi-d lb. 
 
 Carolina H!iic> Ih. 
 
 Mor;;an Hiflcn . 717 
 
 Sv '■ U . .. lb. 
 
 ^\ 1 Artillery lb. 
 
 Salnila (mai'ls lb. 
 
 (jerman llus^.ir^ lb. 
 
 .Ia^|>er Light Infantry III. 
 
 Calhoun Cinnr! lb. 
 
 St. Paulf 1{ lb. 
 
;NDEX. XXI 
 
 ** Lexinfrton Volunteer Rifle Company 717 
 
 *^ Hartville Light Infantry lb. 
 
 Rutledge Mounted Riflemen lb. 
 
 Edgefield Riflemen 718 
 
 Palmetto Volunteers lb. 
 
 Spartan Troop lb. 
 
 Chester Rifles II). 
 
 Waocamaw Light Artillery lb. 
 
 War acts of 1860 and 1 861 : lb. 
 
 Governor to ro]wl armed force lb. 
 
 To call out militia lb. 
 
 How to organize lb. 
 
 May order said force into active service 720 
 
 Period of service I 
 
 May call for further volunteer forces 
 
 Organization lb. 
 
 Whole force to constitute one division 721 
 
 Regulations and tactics 723 
 
 Pay and rations lb. 
 
 Clothing and commutation n>. 
 
 Discipline — privileges 724 
 
 Regular army of South Carolina 72.") 
 
 Ordnance, Board of 727 
 
 Amendment and suspension of parts of the militia 
 
 and patrol laws 729 
 
 '' Right of suffrage allowed to volunteers absent from 
 
 home in military service 73.3 
 
 Militajy guard of Charleston, fire ilcpartment to 
 
 ^' constitute 735 
 
 MiSDKMF.ANon — punished by fine and imprisonment, and includes: 
 
 Offences against the j)erson : 61.") 
 
 Duelling lb. 
 
 vw Neglect of duty by railroad engineer 616 
 
 4 i# Assault with concealed weapon lb. 
 
 Want of diligence or capacity on part of steamlioat captain 
 
 and owners 616,617 
 
 Offences against property : 618 
 
 Malicious luLschief : lb. 
 
 Burning stacks of rice, etc lb. 
 
 Buildings, etc., under value of Si 00 lb. 
 
 I Mutilating trees, fences, etc lb. 
 
 Maiming horses, etc lb- 
 Destroying any j)ersonal property lb. 
 
 Stealing from a fish trap • lb. 
 
 Casting boat adrift, 619 
 
 Swindling — Description of the offence 680 
 
 .• Penalty — Fine in the discretion of the court and 
 
 ^ doubl« the value of liitt lofis refunded! io the 
 
ijaBl IXDKX. 
 
 I ot pa>, imprison- 
 
 I 620 
 
 Stonlinj; or dcfct: lb. 
 
 KmWjtrlcmtnt : 681 
 
 Stcalin;: title* of re«l or }h rwuial }.r.»fK*rtjr lb. 
 
 Clork cmbeszling mon. lb. 
 
 Bank (»rti«-»T t«>ii\ >— - ''n- property of 
 
 the bank. . lb. 
 
 Agent or attqnicT '•ou\trlii»g to lui own use money of 
 
 his principal 622 
 
 Cave of <re<]it4)ri haviu;; a lirn (>23 
 
 Offence!! a;:ain.-t publi< iu-ti. t . 624 
 
 Perjury lb. 
 
 lli'fnsal to join tlu'/«i>»^ . ..//H r!i 625 
 
 AbuM- of proccM lb. 
 
 Oniiial misconduct of district offKcr> lb. 
 
 HrilM-ry lb. 
 
 Maintenaiii ( 62G 
 
 Cliauiperty lb. 
 
 Offencps against public muraU ; 627 
 
 Lotteries. . . . ; lb. 
 
 ('landestine bvrial . lb. 
 
 Ketailirij; nuar place of public wor»lii|' lb. 
 
 (laminji ... 628 
 
 Vajn'ancy 632 
 
 OflVnees a<rainst publii j>< .« . GSt! 
 
 Forcible entry aii<l detainer lb. 
 
 ITnijualified Iniiitin;; 637 
 
 Offences against public siitety : 688 
 
 DiMiifJerly plantation .... II). 
 
 Building on public M|uarc^ lb. 
 
 Keeping iMjwder in privat«' liou.-es lb. 
 
 jm Putting fish trap near boat »Iuit< 039 
 
 ^1 Setting fire to w<MKl(i lb. 
 
 Poisoning creek lb. 
 
 Kipiity of rcdeinpti<»n, where goods delivered to mortgagee, 
 
 ■^ , barred in two years 549 
 
 rH Shall be recorded in nixty dnyn 754 
 
 MiKOKu 604 
 
 NaTTTUAF.!/. ATKiN i.\\v> ui I . > : (si-e ( ili/eusj 
 
 Retained till altert'tl 73<j 
 
 Navai. SniHKs : 
 
 City r'<"iii,;i ot' f"li.iili^t,,ij iM.iv ,i|i]>.iini iii-ipcctors of 749 
 
 Ticket:) or peruiiui shall, in express terms, say where the slave 
 
 IS to go 74 
 
 Leavin;' the state with the military mav return 74 1 
 
INDEX. XXlll 
 
 Negro Stkaling — Capital felony 607 
 
 Nuisance (see Misdemeanor — Offences against the public safety). . . 638? 
 
 Oath : 
 
 Of Allegiance 739 
 
 Of President and Directors of the Bank of the State 746 
 
 Official Misconduct : 
 
 Of district oflicers indictable 625 
 
 Okdinary : 
 
 Citations how published 752 
 
 Oysters : 
 
 Felon)' to steal from oyster bed 613 
 
 Patrol : 
 
 Organization, duties, local regulations lb. 
 
 Powers 646 
 
 On Charleston Neck 650 
 
 Perjury: 
 
 Punished by fine and imprisonment, whipping and pillory, 
 
 and discjualification to give cvitlence 624 
 
 Subornation of perjury punished by whipping, pilloi-y, fine, 
 
 and imprisonment lb. 
 
 A solemn declaration equivalent to an oath lb. 
 
 PutAC Y — Capital felony 605 
 
 Plantation: 
 
 Keeping disorderly, a nuisance 638 
 
 Pleading: 
 
 All dilatory pleas must be sworn to 552 
 
 Pajment, a good plea to debt on judgment lb. 
 
 Payment post diem a good plea •. . . . lb. 
 
 If plaintiff bring into court the instalments due, and costs, 
 
 proceedings stRy^d, unless defendant is insolvent lb. 
 
 Demurrers sliall express the cause of demurrer 553 
 
 Bonds for performance of conditions chancered lb. 
 
 Under general issue, defendant may show that the bond was 
 
 void ah initio lb. 
 
 • Defendant may plead double lb. 
 
 Certiorari, when to issue lb. 
 
 Detinue, in what cases it lies — the general issue — non detinet — 
 
 no wager of law allowed lb. 
 
 Mutual demands may be set off lb. 
 
 After notice of set off, both parties considered ai-tofs 554 
 
 Words imputing want of chastity actionable without special 
 
 damages lb- 
 Actions of account lie against the executors or adminiflratnrH 
 
 of the accountable party I^- 
 
 Auditors authorized to administer oaths: compensation to be 
 
 settled by the court I^J- 
 
A • felony * 607 
 
 r rcik or wat^r course, nuMietneAnor 639 
 
 P0S8B C0MITATU8: 
 
 Refusal to join when summoned. indi«*tnh1e 625 
 
 Powder : 
 
 City Council of Charlewton authorized to erect powder maga- 
 
 jrinc 638 
 
 Powder owned in Cbarli>5ton to be stored in magazine Tb. 
 
 Powder Receiver and Anienal Keeper, term of office 648 
 
 Pbimogesitikk : 
 
 Right of not to be re-etitablished 740 
 
 RIN'CrPALS AN'I> ACCRSHARIES: 
 
 To counsel, procure, or command a felony shall be deeme<l a 
 
 felony 597 
 
 A person pnilty thereof may Im» imliitrd a." an at'ccasary be- 
 fore the fact, cither with the principal felon or after his 
 conviction, or indicted and punished for a substantive 
 felony, either before or after the conviction of the prin- 
 cipal felon lb. 
 
 Such substantive oflTence shall be tried in the district where 
 the j)rincipal felony was coniniitteil, or if the principal 
 felony be committed in the bo<ly of one district and the 
 counselling, etc, in another, the accessary ofience may 
 be tried in either ilistrict lb. 
 
 No person on^e tried for the accessary offence shall be lial)Ie 
 
 to be tried again lb. 
 
 An accessary after the fact may be tried in the district where 
 the principal felony wai< committt-il ; but if the princi|)al 
 felony be committed in one clistrict an<l the act by whqfh 
 the party became an accessjiry in another, he may' l)e 
 tried in either distri<'t lb. 
 
 The accessary shall suffer, although the ])rincipal may die or 
 
 be deliveri'd before seiittiic*' 598 
 
 The puni.shment of accessaries albr the fact siiall follow the 
 
 course of the common law 610 
 
 Buyers and receivers of stolen goo<ls may be tried and pun- 
 ished as accessaries after the fact 611 
 
 Prisoner : 
 
 Set at large under habeas* corpiix, not to be recommitted but 
 
 by order of court 540 
 
 For treason or felony, not indicted at first term, to be bailed . 11) 
 
 Not inilicted and Irit-d at seconil term, to be discharged lb 
 
 But he may be indicted and tried under a new indictment (a). lb 
 
 Such discharge not to e.\t«nd to prisoners for debt lb. 
 
 Not to be removed from one prison to another without cause . 541 
 
 Penalty for violating this law lb 
 
INDEX. XXV 
 
 <^ ■ - - * Not to be sent to any foreign gaol 541 
 
 For crime committed abroad, may be detained a reasonable 
 
 time until demanded 542 
 
 May be brought into court as a witness, under an order, with- 
 out a writ of habeax corpus 543 
 
 Under civil process, escaping, may be taken by a new capias 
 
 on the Lord's day, or on any other day, and anywhere. . 743 
 
 No retaking on fresh pursuit shall be given in evidence in an 
 
 action against the Sheriff for an escape, unless it be 
 
 •■' pleaded, and no special plea shall be received without an 
 
 ~ affidavit that the attempt was made without the SlierifTs 
 
 knowledge or privity lb. 
 
 Refusal to produce, after one day's notice, adjudged an escape 
 
 in the Sheriff or Jailer lb. 
 
 Sheriff bound to answer whether a particular person is in his 
 
 custody 744 
 
 For debt, may be discharged with his consent without pre- 
 judice 751 
 
 For debt, and felons or criminals, shall not be confined in 
 the same chamber, but shall be lodged in separate 
 
 4 apartments : lb. 
 
 rtn Confined on bail process entitled to a copy of the declaration, 
 and may compel the plaintiff to declare within eight 
 days after the arrest, and go to trial at the first term, or 
 he shall be discharged on common bail lb. 
 
 Procedure in Criminal Cases : 
 
 When party is stricken in the state and dies beyond the state . 593 
 When person within the state strikes another then out of 
 
 the state lb. 
 
 tWhen person outside of the state strikes another then in the 
 state lb. 
 
 When person in one district is stricken by a party in another 
 
 j,i <*' district lb. 
 
 •r» When the injury is inflicted in the state and death takes 
 
 ■ ii' place out of the state lb. 
 
 ' When the party is stricken in one district and dies in 
 
 another 594 
 
 When the blow is given by the party in one state and re- 
 ceived by the otiier party in another state, the trial shall 
 be had in the state that first takes jurisdiction of the 
 
 CM '^^'^ -. ^*'- 
 
 No white woman shall be liable to Avhipping or pillory lb. 
 
 Standing mute, reiusing to plead, challenging more than 
 
 twenty, to be disregarded lb. 
 
 Profanity : 
 
 Any person guilty of profane cursing and swearing in the 
 presence of a Justice of the Peace, Mayor, etc., liable to 
 a_ be fined and set in the stocks 699 
 
IXDKX. 
 
 ■ ■~'* P4>nait«4BHK^ - .M. ^ tills law 599 
 
 Oflk^rn aaed for enferHnfr Um law omt plead tiie gonoral 
 
 iaaii- lb- 
 
 J^OHIBITIOX : 
 
 **- \Vli.-nit willKc. 544 
 
 Prfxcfilin^rs r«»r H)- 
 
 luMit- «>f law or fjut, Low li. 545 
 
 P.r.ii.l.tiit II lb. 
 
 C<»Ms lullow t lb. 
 
 V\ ju.io Works : 
 
 ^ • T-.in!«fiTn"<i to the Sorrotary 
 
 760 
 
 Ql'ARANTIXK: 
 
 Limits not to bv cnt4TtM! without a permit from the Governor 
 
 or Mavor <if lin- . ii\ 764 
 
 ■Qro WAitnANTo: 
 
 When it lie«, and pro<-ee<linjrs in 544 
 
 Raii.im>aii : 
 
 Maliciously ohntnii-tine. fi-lony 606 
 
 W iif'ul !■ r. niisdenicanor 616 
 
 Annua] 'lay of OctoliiT, in the 
 
 ofliee of' Couiplru)ler-<ti'nfral 746 
 
 Rapk— Capital felony 604 
 
 Kkcoumzan'cbs : 
 
 How to be signed and certified 594 
 
 Silre facitu lo issue in ea>f of delault 595 
 
 The execution to be issmd al\er estreat lb. 
 
 Default not wilful, may be exeum**! lb. 
 
 RkOIPTKII of Mi'.H.NK Cu.NVKVANrKl* : 
 
 I'enalty for ermncoiis , . r;ifii atr l\ 754 
 
 His fees. ... 579 
 
 Rkgistuatiux: 
 
 All deeds for land shall In* refonlcij within six months, if the 
 
 ' grantor be within the ^tale ; within one year, if he be 
 
 within the Confederate Stati-n, and within two years if 
 
 bey«»nd the Confederate States; otherwise void against 
 
 ^^" — ' >)ona fill ' ■ r-* without notice, and that deed which 
 
 ^ ' is fimt !•• have priority 753 
 
 7' All sales, iu(iri^.i;ii N. ami '! I- ol" negroes, goods, or chattels, 
 
 shall be reconled in the Secretary of State's office, in 
 Charleston or Coliunbia, and the first recorded shall have 
 priority ; bnt no nnreconled deed shall be jiostponed to a 
 reeonled deed If the trrantce at the time of paying his 
 
 money 1i " ',r deed 754 
 
 No deed to 1>. ■ i .cing proved lb. 
 
INDEX. xxvii 
 
 ff^ In deeds of feoffment, meiuorauduui of livery of seisin to be 
 
 recorded 754 
 
 Deeds of personal property to be recorded in the Secretary's 
 office in Charleston or Columbia, according to the resi- 
 dence of the parties in the upper or lower division lb. 
 
 The Register or Secretary shall ho liable for an erroneous 
 
 certificate .* lb. 
 
 No verbal agreement between vendor and vendee binding on 
 
 purchasers or creditors without notice lb. 
 
 No mortgage of land good against subscfpicnt purchasers or 
 
 bona fide creditors, unless recorded within sixty davs. . . 75.') 
 
 No mortgage of personal property good against creditors or 
 subseijuent purchasers without notice, unless recorded in 
 the district where mortgagor resides within sixty days ; 
 and if the mortgage consists of negroes, it shall also be 
 recorded, within the same time, in the office of Secretary 
 of State lb. 
 
 But a mortgage properly recorded in Charleston or Colum- 
 bia needs not be recorded in the Register's office in 
 Charleston or Richland lb. 
 
 Rent: 
 
 In arrear from tenants, per autre vie, for years, or at will, 
 
 holding over, recoverable by rlLitress 756 
 
 No goods or chattels lying or being in any house or premises 
 let to farm shall be liable to be taken in execution under 
 any pretence, unless the execution creditor, before the 
 removal of such goods, pay to the landlord the money 
 due him, not exceeding one year's rent; and the Sheriflf 
 ** is empowered to levy and pay to the plaintiff as well the 
 
 money paid for rent as the execution money . . .501, 535, 756 
 
 Rktaimng: 
 
 Near place of public; worship, misdemeanor 627 
 
 Rice: 
 
 Saving of in harvest, a work of necessity 740 
 
 Burning of in night-time, felony 610 
 
 in day-time, misdemeanor 618 
 
 Rights : 
 
 Political and personal .... 730 
 
 RoilllKRY 605 
 
 St. LtKK'rt Parish : 
 
 Notes, how to l)e counte<I in 74 1 
 
 St. Phimp's axd St. Michael's Pakishes: 
 
 Elections in 742 
 
 Sai,abie.s : 
 
 I low payable ft^f^ 
 
in t. articular iiiihfc vAe«r> ... *fi^ 
 
 ; re tto fe«« or pcniaiates 569 
 
 AaCKKTAKT uf biAlK : 
 
 r.'ii.ilM r,.r i'm.ri«Mii> . rrllfifalf i "54 
 
 1! 57U 
 
 SB»)ll(>Mi SkkmwN : * 
 
 To In- paid out of fi-'- 59<i 
 
 SrT-orr : 
 
 M • ■ : • off 658 
 
 A • '•<»n»idered at-lors 554 
 
 SnKEP: 
 
 Ownors of <lojr» lia)il<- for kUlir- 590 
 
 Killing in the nipht-timr, f. !■ 610 
 
 Su-aling, to f>o putiithcd by wlupjduj; il line not paid 612 
 
 Shkrikf. and hit •ucceatior: (n<>ff) "59 
 
 Hif. ffca 581 
 
 And Deputy Slifrifl" M»oru to tntur c law n;:ainst naming. . . 631 
 
 6uip: 
 
 p ^Vilful deatrui-tioD of, hy master 6UC 
 
 Sl.ANDKR : 
 
 Words iinputin{; want of rha«tity artionabia 554 
 
 Soi-E Tradrb : 
 
 Books of, rorcivablf in ovidi-nco 65X 
 
 SouTii Carolina C'olleuk: 
 
 (janiing Iiouh*, or botiov of pro!>titiitiun, within ten miles of, 
 
 ; , prohibited 632, 635 
 
 ff^ Salario.s of prufi'ojuns how payable 745 
 
 Trustees to iuvckl fuiul:« given for tu liolarships lb. 
 
 JBTABniNQ : ' 
 
 A pBTSoo not having a weajKMi drawn, nor havlnp piven 
 - the firitt blow, eapilal felony 605 
 
 K 
 
 ■StkaLINO Vehm • «•...:. ..I r.l,,„, Q^)~ 
 
 StfalinoSi.avi ' . i.v lb. 
 
 Stramiioat: 
 
 llek'|toui>ibility of eapU'iin and owner 616, 617 
 
 Sii.i.ivan'h Ihi,A!«i>. 
 
 Teniin" of honM>B and lota ••■. 75>2 
 
 Sl'NDAY (ioc I/<»rd's d«y) 600 
 
 SwiXULINU (?<•<• MiiMl<-IUi-.ii.-i r_MiiiM iin.jdity) 620 
 
 Takk: 
 
 Not allowed in aaJen of eotton 562 
 
 TknITBK : 
 
 Of office, nhail Dot be for lougcr term than good behavior. . . 740 
 
INDEX. Xxix 
 
 Toll: ^\^" 
 
 For grinding corn, wheat, or other grain, for quantities under 
 ten bushels, not to exceed one-eighth; nor for greater 
 (luantities one-tenth , nor for chopping one-sixteenth . . . .561 
 
 Penalty for excess, ten times the value taken lb. 
 
 Treason : 
 
 Defined 602 
 
 Two witnesses necessary to convict lb. 
 
 Prisoner entitled to all the benefit of defence allowed in 
 
 felony lb. 
 
 Prosecution limited to three years lb. 
 
 No attainder of, to work corruption of blood. lb. 
 
 To assist in servile insurrection 603 
 
 Trespass : 
 
 Against property committed in lifetime of deceased, action 
 
 will He at suit of executor 758 
 
 Trial: 
 
 Where to be had if party is stricken in the state and dies 
 
 beyond the state 593 
 
 If person within the state strike another then out of the 
 
 state lb. 
 
 If person outside of the state sti'ike another then in the state lb. 
 •< 4 I^ person in one district is stricken by a party in another 
 
 district Jb. 
 
 When the injury is inflicted in the state and death takes 
 
 place out of the state lb. 
 
 When the party is stricken in one district and dies in another 594 
 See Court of Sessions 406 
 
 Trustees : 
 
 By consent of parties, trustees may be relieved from their 
 ^^ trust and others appointed in their stead by the Court 
 
 of Equity 487^ 752 
 
 The estate shall pass witliout any deed to the trustees so ap- 
 pointed, by endorsing on the deed the certificate of the 
 » order of appointment, or filing it with, the original will, 
 
 and recording it in the same oflice where the deed or 
 will is recorded, and giving good security that the party 
 
 so substituted will faiflifuUy perform his trust lb. 
 
 1^ In case of necessity whoc the trust is vacant, or the prior 
 
 trustee removed for <.ause, the court, in its discretion, 
 
 may dispense with security by common consent lb. 
 
 Trustees may inve.st trust funds in state stocks, or Iwnds of 
 
 the Confederate States 753 
 
 •^ The executors of a deceased trustee may settle with the par- 
 ties interested an<l save to the estate the commissions, on 
 paying ovet the fund.. «.... ^j,, ■....■ 768 
 
^■^ TXPFX. 
 
 ^' \r.jt \XTS : 
 
 All idle. (li«»olnt« penvms witfiont rimhlc meaiiB of paining an 
 hont'ft !ivpinjoo«l. paniMrr'. «tnpT-pIay«»r<. fortune-tellers, 
 stiinly iH'pjmr*. nn<\ uiili< « ii-< 1 ]><*<nars an* or may be 
 dcenn' ' 632 
 
 May Ik- Im i .Iiulice of tlie l'vfu:o ou a charge 
 of vaprancy, and in difault of a sati«f^«(lory account the 
 Justice shall call in another Justice and thn*e freeliolders, 
 or if another Juiitiee cannot attend, five freeholders, to 
 try whether the acciined ii* a vaprant 633 
 
 The freeholderH to lr\- •hull U- drawn out of a list of twelve 
 
 rcsjicctaith- free! ! Ixiuiid to attend lb. 
 
 In case they find the lo \w a vaprant. he shall give 
 security for go<Ml Kdiavior or be (onunitted ami indicted 
 at the next court for a vagrant lb. 
 
 If convicted he ohall be »>ld for twelve mualhs 634 
 
 If he serves his time faithfully ihc purchase money shall be 
 
 paiil him lb. 
 
 Duty ol' the pun lla^er to provide f(K>d and clothing, and 
 
 luedical attendance when sick » lb. 
 
 If no purehaaer he i>hall quit the district, or l)e publiclj 
 
 whip|)ed, or set to h.inl Ial>or for a year lb. 
 
 If coinj)laint of inlbriner l>e preferred from s|)ite. Justice shall 
 
 fine hiiu in twenty-five <ioilars : If any person shall 
 
 prosecute ihi- Justice ou iurount ot his conduct in the 
 
 • matter of vagramy and fail, he .shall be amerced in 
 
 twenty-five dollars and costs of suit 635 
 
 A Justice neglecting his duly as regards vagrants, on convic- 
 tion, liable to a jH-nalty of fit\y dollars Tb. 
 
 •• Any person setting up a gaming house or house of prostitu- 
 tion, within ten miles of the South Carolina College, 
 deemed a vagrant lb. 
 
 All Justices of the Peace in Columbia unjoined to put this 
 law in force on the complaint of the Faculty of the col- 
 lege lb. 
 
 WnARKAGE: 
 
 Rates for whjjrfage of ^-essels and lurnliandise, and for 
 
 weighing and storing gocMis 561 
 
 Will: 
 
 Stealing or destroying, misdemeanor 620 
 
 \Vo(»i)R : 
 
 Setting fire to. misdemeanor 639 
 
 Women: (see Slan ' ') 
 
 No wiiitc \^ ^ whipping or pillory 594 
 
 Books of sole traders on same footing a^ those of other trades- 
 men 558 
 
mk 
 
 CONTEISTTS 
 
 ^^" BOOK TlilKD. 
 
 KEDRESS OF PRIVATE WRONGS. 
 
 •* CriAPKR I. 
 
 Opfencks aoainst Personal Liberty : 
 
 Ilabeus Corpu s 537 
 
 Chapter II. 
 
 OfFENTES AP.AINST CORPORATE RiGIITS OR FrANCUISES : 
 
 Mandamus 544 
 
 Quo Warranto lb. 
 
 Prohibition lb. 
 
 Chapter III. 
 Limitation of Actions 546 
 
 Chapter IV. 
 Amendments and Jeofails 550 
 
 Chapter V. 
 Pleading 552 
 
 Chapter VI. 
 Evidence 556 
 
 Chapter VII. 
 
 Liens — Mechanics, Material Men, Wharfage, Toll, 
 
 Tare, Auction 680 
 
 Chapter VIII. 
 Costs 564 
 
CnAPTRR IX. 
 
 Salasim - 
 
 ^ C'HAPTtR X. 
 
 Fee« *..'....•" 
 
 .568 
 
 .570 
 
 CUAPTKR XI. 
 
 PioTKiaRi: : 
 
 Hills of I'vfcyif irm 5oo 
 
 C'liArTini Xll 
 Damaof.8 589 
 
 BOOK FOUKTII. 
 PUBLIC WRONGS. 
 
 cuaptkr i. 1 .^ 
 
 Pbocedurk : 
 
 Wliere crime in coiiunittod partly in another state ...693 
 Wliere partly in ono liiHtrirL and partly in another... lb. 
 Where the niorlul hh>w \h fr'won in one district and 
 
 death ennne in another lb. 
 
 Exemption of women iVoni corjiural punishment 594 
 
 Standini; mute, challcn^jin^ above twenty, etc lb. 
 
 J{, lb. 
 
 i',: |.oNi-d of. 595 
 
 ClIAl'TKR 11. 
 
 Pk'M ll'ALS .VM> A.iKSKARIF.S 597 
 
 CUAPTKR HI. 
 OFrKMU|m,f^AlNiiT KkLIUION : 
 
 ?infcB''iv ^^^ 
 
 ^g^^,JDg|Mp|tk>n of ibu Lord'ei Day 600 
 
CONTENTS. xxxiii 
 
 Chaptkk IV. 
 
 ►Offences against Guvernmk.nt: 
 
 Treason •. gQ2 
 
 i 
 
 CiiAPTini y. 
 
 Felony Capital : 
 
 Clergy abolish.ed gQ4 
 
 Enuineratioii of (M-imos jxinishcd with death : 
 
 Minder jj^ 
 
 ^^V^ lb. 
 
 Carnal knowledge of infant lb. 
 
 ^uggeiy lb. 
 
 ^^ Arson of dwelling-house lb. 
 
 of church, state house, court-house lb. 
 
 Robbery jb 
 
 Breaking dwelling-house in day-time and steal- 
 ing to the value of tive dollars 605 
 
 Stabbing a man without a weapon drawn in de- 
 fence jb. 
 
 Maim •. j b 
 
 P'J'acy lb. 
 
 Burglary — reward for apprehending burglar lb. 
 
 Casting away ship 606 
 
 Cau.sing death b}' obstructing railroad lb. 
 
 ^yH Running away with ship 607 
 
 ^j Negro stealing Ib_ 
 
 gg^ Attempting to poison lb 
 
 .7 Breaking prison lb 
 
 Chapter VI. '*" 
 
 Felony Not Capital : 
 
 How punished 608 
 
 Offences against the person : 
 
 B'ganrjy jb. 
 
 A bd uction H, 
 
 Chapter Vll. 
 
 Ki-iLu.Nj' >.(tT ( APITAL : 
 
 Offences against property : 
 
 Burning public hall, lecture room, storehoufic, 
 
 assemblj- room, manufictory, out-house, bridge 
 
 ^C of the value of one hundred dollars, burning 
 
at iii^ht^ruJcH. tiLiu:ka, kilii>. killiiii; in the 
 
 ni^ht bon»t- 610 
 
 T.ar'tM)}' lb. 
 
 ■•• K rLr«rv ". ;. 613 
 
 i IIAITl.K VIII 
 
 l»aHlinir ..^ 615 
 
 <'iil|tMl»lo nosjit'ot (III liiilr. .mi.«. 616 
 
 .\f«Hnulting with «lou<lly w»'a]Miii lb. 
 
 CiilpHblo rfegloct Y)li sioumi' :ii- lb. 
 
 ClI.M'TF.It IX. 
 MlHI»KMKAN»>R — OtFENCKK AUAlNliT l*HlU'fcKTV : 
 
 Malicious misfliit'f: 
 
 Uurning in thoda^-timo biiiliiings under the value 
 
 of one huiidnMl dojhir.x. ricks, stacks, kilns 618 
 
 Malicious mitfchief to real |)ropcrty lb. 
 
 to j)crHonal projjcrty lb. 
 
 Taking fi^h from the owiier'8 trap lb. 
 
 Casting loose boat or canoe 619 
 
 ('ll.\l'TKR X. 
 MlHDEMKANOR— OkFKNCKS A«A1NST PROPERTY : 
 
 Swindling .* 620 
 
 Destroying will lb. 
 
 <'n\i'r'm XI. 
 
 -M ISIilM I ANOK 1 )H K.N» K^ A«i.VI.N.Sl I'Uoi'KRTY : 
 
 Knihezxlenieiit ol' lilU- «leiM|.s 621 
 
 by clerks, bank ofiieers, hankers, fac- 
 **' tors, attorneys lb. 
 
 C'llAl'TKH XIl. 
 .NflHDKMKANOu — ( >FFKN("ES AUAIN8T PuBLIC JUSTICK: 
 
 Perjury 624 
 
 Refusal of poKHe eoiiiitatus 625 
 
 Aliu.se «»f |)roco8H lb. 
 
 Otti<ial nii.seonfluct lb. 
 
 liri her}' t lb. 
 
 Maintenance 626 
 
 Champerty lb. 
 
^ CONTENTS. XXXV 
 
 Chapter XIII. - 
 
 Misdemeanor — Offences against Public Morals: 
 
 Lotteries .- 627 
 
 Clandesti ne burial lb. 
 
 Disturbance of public worship by retailing lb. 
 
 Gaming 62S 
 
 Vagrants 632 
 
 Chapter XIV. 
 
 Misdemeanor — Offences against Public Peace : 
 
 Forcible entiy and detainer 636 
 
 Un qualified hun ti ng 637 
 
 Chapter XV. 
 
 3Iisi)EMEAN0R — Offences against Public Safety: 
 
 Nuisance 638 
 
 Setting fire to woods 639 
 
 Poisonin a: creek lb. 
 
 iJia 
 
 ,,, , BOOK FIFTH. 
 
 POLICE. 
 
 Chapter I. 
 I'uBLic Arms ami Munitions of War 643 
 
 ClIAPTKR II. 
 
 Patrol 645 
 
 CUAl'TKR III. 
 
 Militia 653 
 
 Addenda et Corrigknua. 
 
% 
 
vdK 
 
 BOOK III, 
 
 REDRESS OF PRIVATE WRONGS 
 
 Chapter I. 
 
 OFFENCES AGAINST PERSONAL LIBERTY. 
 
 HABEAS CORPUS. 
 
 1. The party to whom a writ of Habeas Corpus is di- a. a . 1679, 31 c«r. 2. 
 rected, shall liave the body of the person that is restruined'^^A. A.."niiii, aw. 
 of his liberty before the Judge or Court to which the writ After a writ of uabciu< 
 
 . , n • 1 • n T 'l 1 CnrpiiH the prisotior to bp 
 
 18 returnable, within the space or time hereinatter limited, pr..'i.;«d.witi. thecAiuo 
 
 1 • 1 - of hi^ (ietajnor. within « 
 
 unless the-coramitment be for treason or felony plainly andg'^en time an-ordinK u. 
 
 "^ ^ ' the distaore, except prw- 
 
 speciallv expressed in the warrant of commitment. If the "'"<;rv'>fl"««i''"'- Treason 
 
 t 'J r or Felony. 
 
 distance to the place where the Judge or Court to which the 
 
 prisoner is to be taken be not more than twenty miles, the 
 
 writ must be returned within tlirce days; if more than 
 
 twenty, and not above one hundred miles, within ten days; * 
 
 and if beyond one hundred miles, within twenty days from 
 
 the date of service. And with the production of the body 
 
 of the prisoner, the person to whom the writ is directed, 
 
 shall certify the true cause of his imprisonment or detainer. 
 
 Provided^ that the expense of bringing up the prisoner, as i'rMTid«iiheoxpenM.<>f 
 
 . 1 1 y-, T 1 hrinpinir up the prtiioom- 
 
 asccrtained and endorsed on the writ, by the Court or Judge > ' ■ the writ w 
 that awarded it, not exceeding twenty-three cents per mile, »«■ t»k«n 
 
 ' _ o J ^ I , f returning 
 
 be paid or tendeived in advance to the party having charge "« "• •• 
 
 of the prisoner, and security given by the prisoner's own 
 

 1 ■ ' ♦ ' . ■" ' •• T^ - c,-« of brinsrina: liini back, if 
 
 t 1 iu»t nttoinpt to escai>o by 
 
 the wnv. *• 
 
 2. And to thf intent that no ptrscMi may protend iffno- 
 
 niiieo of the import of »nch writ it shall be marked in tliis 
 
 /' Caroli. secimdi 'Mcfji^ 
 
 ;i; , - the same. 
 
 «*«•'» 8. Anv rri(»onor, iinlcw in custtxiv under sentence of con- 
 
 ^mmmmmt 
 
 k. A, iTii It. mt. 
 
 vi.-tioii. or iin<hr a « ' t" treason or felony plainly and 
 
 '^iKcially t»3Ci»n»ti-*«(l n a arrant of oonmiitment,' may 
 
 (>l>tain a writ of Hal. .a-* ('..rpna at rlianibers,'' or in any 
 Circuit (' 1 fi' any .Tiidtrc of law or oipiity, or 
 
 any two ,i . Teace/ siijnod by liiniself or some 
 
 one on hin hobnlf in tho presence of two witnesses, accom- 
 panied hv a e<»py of the warrant of commitment, or an 
 alK(hivit that such copy was tlenied by the person in whose 
 custody the prisoner is detained: and the Judge or Justices 
 aforesaid, on vifw of tlu* petition and oojw or atHdavit afore- 
 said, shall jrrant a llaboaii Corpus under the seal of the 
 Court wlurcof he is tbcn a Judiro, or the seal of the Court 
 of Common PU'ttsof the district if granted by two Justice 
 whi< I ' ' " ' ' ' ted to the officer or other person in 
 
 wlic- -ncr may be, and made returnable 
 
 immediately before the Judge or Justices granting the 
 sanu' : and. upon si-rvicc thereof, the person to whom i1 ' 
 dir<'> t< <1 fliall. within tin' time hereinbefcM'O limited, brii 
 
 » 1 l^'• U» Imll fiir lr<-n«(>ii nr fi-loiiy is not given l.y lliis hliituUi; 
 
 but ii- ixii.t >. ..I. i' I I lii." ciiinni.in liiw jurisJiuiion. >v./r. \. 
 
 /Prrrrff. /♦--/. ?*" 
 
 ! (if tt-rm." The reference i» to ' 
 . Triiiitv uiul Miebucliuu.x. Tlic a 
 I l<> llii- ^tulu of tliiii};s ill this eoiiiitry. iiiid llio 
 
 ! vv tlio n>nso. The 14th section (in the original 
 i:i viiciitioii or out of term," have uu rufurunuo to 
 t • -^ or (jcnerul <Ja«l Delivery, answoriug to our 
 
 Court ol «•• 'O*. 
 
 f Tli<- t' till' Of ''«rj>ii« irivc tj Jucliees of the Poftco no power to bail 
 
 I lreai<uD or felony, nor to take cognizanee of uiiy 
 ., Siiitt V. Evcieii, IhuL, 299. 
 
 Wlirrt- 111 I ail h man ehiirgcil in the warrant with iiiiirilcr, 
 
 titejr were h< . „ , Statt v. Arthur, i McM., AbT. 
 
the prisoner hefore the Jiulge or eTnstices hefore whom the 
 writ is returnable, with the true, causes of his commitment 
 or detainer. 
 
 And within two days after the party is broug-lit before Putv of .tiki-o or .lus- 
 
 •' ^ . •if'^'^ t" l"*''- <iiil<"<8 the 
 
 them, the Judge or Justices shall discharge him from his •"""«*'"''«""' '"**'"*''"'• 
 imprisonment, taking his recognizance, with one or more 
 sureties, in any sum according to their discretion, having 
 regard to the quality of the prisoner and the nature of the 
 oftence, for his appearance in the Court of Sessions for the 
 district where the offence was committed ; and shall then 
 certify the said writ, and the order made thereon, or recog- 
 nizance in pursuance of such order, to the Court where 
 such appearance is to be made. But if it shall appear that 
 the party is detained upon a legal process out of some 
 Court that hath legal jurisdiction of the case, for such 
 matters or offences as are not baihible, he shall be re- 
 manded to the custody from which he came. 
 
 4. But if any person shall have wilfully neglected, for Prisoner nepierting to 
 
 ■ _ , . . / pray Habpas Cirptis for 
 
 tlie space of two whole terms after his im])nsonnient, to t"'" ♦"""" ""' to have 
 
 _ ^ name in vacation. 
 
 pray a Habeas Corpus for his enlargement, such person so 
 wilfully neglecting to apply in time shall not have any 
 Habeas Corpus granted to him, as aforesaid, in chambers 
 or by Justices of the Peace. 
 
 5. If anv officer or other person shall refuse or neglect Penalty on ..ffir-cif. for 
 
 11 n • 1 ■% 111.""' obeying writ of H«- 
 
 to make the return aforesaid, or to produce the bodv of I'eai. corrui.. 
 the prisoner according to the command of the writ, Avithin 
 the times above mentioned, or shall refuse to deliver within 
 six hours after demand made on behalf of the prisoner, a 
 true copy of the warrant of commitment by which he is 
 detained, ever}- person so offending shall, for the first 
 offence, forfeit to the prisoner or party grieved the sum 
 of five hundred dollars; and for the second offence, one 
 thousand dollars, and shall be and is hereby made incapa- 
 ble of holding his office. The said penalties to be recov- 
 <'-"d by the party grieved, or his executor or administrator, 
 .linst the offender by action of debt, or by information. 
 And a recovery or judgment, at the suit of any party 
 grieved, shall be a sufficient conviction for the first <ifliii(c: 
 
^...1 .... ..A..- w^^^^f,^- ^x t|,e suit of another party tor a 
 
 i. :i),tbe tiret judgineiit, shall be a 
 
 •uthcient conriciion to brin^ the ofleudcr withiu the peu- 
 altv of a second oficiu'e. 
 
 ' -««• ^ M tafv (3. No person that Hball huvu been delivered or set at 
 "mmmTm »t Imnrt- ':!.'•' ' .!! hi- aLTniii conHiiittcd for the 
 
 i»y the legal order or process 
 of the Court wherein by hi« rec(»^nizauce he shall be bound 
 to nppoair, or oth«^r Court Ijavini; jurisdiction of the cause: 
 And if any porwon »h:iil knowin^jly, contrary to what is 
 iK'roby enjoined, recommit or imprison, or cause to be 
 r«ri>ninjittiMl or imprisonod lor the same ott'ence, or pre- 
 tended ottencc, any i'<i>on net at large as aforesaid, or be 
 knowingly ai<ling *'r .i>.-^i."ting therein, such otfender shall 
 forfeit to the priminer or party grieved, his executors or 
 adinini!»tratorR, tlia Kum of two tlu»usand five hundred dol- 
 hirs, to be roc«>vcrrtl as alorosaid ; any colorable pretence 
 or variation in the warrant notwithstanding. 
 
 d&ir 7. If any pcr8i>n committed for treason or felony, plainly 
 iiiid specially expressed in the warrant of commitment, 
 -hall at the first HCKhi<»ns after his coniuiituicnt, on the first 
 day of the term, in open (,'ourt demand his trial, and be 
 not indicted at some time during the term, the Judge, on 
 the lai<t day af the same (erni, upon motion in open Court, 
 shall set the prisoner at liberty on bail, unless it be made 
 to appear to ti«e halisfaetion of the Court, that the witnesses 
 for the proMseution could not be produced at that term : 
 
 '^ntl if he be not in such ease indicted and tried at the 
 next term, «»r on his trial he ac<]uittcd, he shall be dis- 
 
 'cliarged fix>nt imprisonment.' 
 
 - .Vothing heroin contained shall extend to discharge 
 <>ut of prison any person charged in debt or other civil 
 action ; but aHer being dixharged from inn)risonmcnt for 
 such hif» criminal oHenee, he shall be kept in custody ae- 
 conling to hiw for such other suit. 
 
 •The diacbvK* of Ui* prUoBer upon procUuiutiun does not operate as an ao- 
 . iiut b* ntmj be arrvitcd and tried under a now indiotmcut. Stale y. Ro- 
 : Urt,.. S3». 
 
541 
 
 9. ¥o prisoner, confined on any crim-nuil charge, shall J;~-,';^ J^^tTo 
 he removed from tlie cnstody to which he has heen duly =^"^""-" "'"'"'" ^""^''• 
 committed, unless hy Ilaheas Corpus or some other legal 
 writ, except where the prisoner is delivered to the consta- 
 ble or other inferior officer, to he conveyed to the common 
 jail ; or where he is sent to another prison in pursuance of 
 bis sentence of conviction ; or where he is sent from one 
 district to another in order to his trial or discharge, in due 
 course of ]slw, or in case of sudden fire or infection, or 
 other necessity. And if any person, after such commit- j,J^'',',^;^'J' *"'''■ ^•<"i'^''"g 
 ment, shall make out and sign or countersign a warrant for 
 such removal contrary to what is here enjoined, as well he 
 that makes, or signs, or countersigns such warrant, as the 
 officers that obey and execute the same, shall sutler the 
 same penalties hereinbefore denounced against the unlaw- 
 ful arrest of a prisoner after he has been set at large on 
 Habeas Corpus; which penalties shall be doubled in case 
 of a second oiience, and recovered as hereinbefore men- 
 tioi^ed by the party grieved. 
 
 10. It shall lie lawful for auv prisoner to move for and rcnaity on jndgc or 
 
 "■ '■ .luHticc for denying Ha- 
 
 obtain his Habeas Corpus at chambers or in au}- C/iicuit^«''*C'""P"'- 
 Court of law or eciuity; and if* any Judge or Justice of 
 the Peace having authority in this behalf, shall deny any 
 writ of Habeas Corpus above required, to be granted when 
 moved for as aforesaid, such Judge or Justice shall sever- 
 ally forfeit to the prisoner or party grieved the sum of two 
 thousand five hundred dollars, to be recovered in manuer 
 aforesaid." 
 
 11. No freeman shall be sent into prison beyond the ^" frpcnmn to he im- 
 
 ^ '' pii»<>ned in any foreign 
 
 limits of the state, and all such imprisonment is unlawful ; «»"'• 
 and any inhabitant of this state that shall be so impiisoned, 
 may maintain an action of false imprisonment against the 
 person by whom he may be so committed, sent prisoner,' 
 or trajisported, and against all persons that may be aiding,^ 
 abetting or assisting in carrying such projc<-t into ette<t. 
 And the plaintitt'in every such action shall have judgment 
 
 » Allbougli-tl,' '(incunTTirr . ;ry t^ tlio i-'ilinjr nf the 
 
 writ, a single ly tor rcf'imint; t ■ ^ 
 
 Corpw when II. . I) r y, O' Priiirii//. '/.• 
 
■be «a 
 
 542 
 
 to recover his treble costs, bo>idos damasrcs, which dam- 
 ^ ajrea shall not bo lew than two tlionsaiid live hnudrod dol- 
 
 lars. All' *' I. -sons that sliall knowingly 
 
 franu-, wn; -iirn any warrant tor tlio pur- 
 
 pose of iiiflichnjf ini|>rir<oiinicnt heyoiHl the state, on any 
 inhiihitant * -hall he <lir<ahlod from hear- 
 
 ing' anv oii: : , : , t in the state, and he incapa- 
 
 ble of any panlon of such forfeitures, losses or disabilities, 
 or any of thcMU. 
 
 nawHirr. iMT b. ij. J*roruied. that if anv resident of this state shall have 
 
 »*/";■ r.,iimiitted any ortt'iicc within the Coniederate States, or a 
 
 country with which they are at ]>eaee, for which he ought 
 to l)e tried where tiie otfence was eomnntted, such pei*son 
 may he arrested and <letained a reasonable time, till de- 
 manded by the Executive of the state where the offence 
 was c<Mnnntt<'d. 
 
 13. No J.. i-.-M ^Ij.iM hr -uod or im]>leaded for any ottence 
 hereby declared, unless within two years, at most, from the 
 time of the committing of such otfence. Provided, the 
 party grieved be' nol, ut the time of the comnntting of such 
 olfcncc, in prison ; antl .if the party gi'icved be then in 
 prison, uuch suit shall be tommcnced within the space of 
 twft years after the decease iti'tlK' person imjirisoned, or his 
 delivery out ot" pri'Mtn. which sliull iirst lia})pen. 
 
 14. During the silting (tf the Court of Sessions, in any 
 .iistrlct of this state, any liuheas Cor[)US that nuiy be sued 
 
 •M-iK^f,,.. ti..- juJk- ",)Qt in behalf of anv pers«»n contined in the iail of the dis- 
 trict, shall be returnable before the rindge in open Court, 
 who is tlu'reuj'on t«» do what to justice nuiy appertain. 
 lint alter the a<ljournment of the Court, any person may 
 have his Habeas (-orpus as liereinbetbie directed.' 
 
 iii:icti..i». itrowiiiaopt 15. In all suit."* brouijht lor anv otfence hereinbefore 
 
 of ■ lirpacli of Ihr irilH>iu> ^ *- 
 
 eon'u»i«» K'-xorniiMuedoclaretl, the defendant mav plead the ireneral issue, and 
 
 may b» plNulnl. . I Ci i 
 
 • H''h<H,m ('..rpuM will Ho for Ml iofknt detained from the person to whom the con- 
 
 tr ' ' |g»- This control is vested iu iho father, but on the 
 
 'I'- 't * " Ihu fiither, the Court will tuke into consiidcra- 
 
 » ■ r "l"'" tho Inlerciits of the infant. £,V pmte K«ttiiiaii, 
 
 I. I., 1,. nlil: 
 
543 
 
 ^ive the special matter in evidence with the same effect as 
 if such matter had been pleaded in bar of the action. 
 
 16. Accessaries before the fact to murder or felony, if Accossarios before the 
 
 - • 1 1 T • 1 1 ^"•^^ ""' embraced in this 
 
 committed to prison by the Justice who took the informa- '»"''' '•'« murder or fei- 
 
 . oiiy bo positively cliargcd. 
 
 tion, shall be no otherwise removeable or bailable than 
 according to the common law; provided, the murder or 
 felony be plainly and specially expressed in the warrant of 
 commitment. 
 
 No Habeas Corpus shall be necessary to bring a prisoner a. a., is 
 into Court as a witness. But an order for that purpose 
 shall be granted, when necessary, on motion; and after 
 giving his testimony, the witness shall be remanded. 
 
 V, 571. 
 
^M^ 
 
 ^^ Chapter II. ^^-rttrfft 
 
 I 1 1 SCE1» IQJNM rORPOKATR RIOHTS OK FRANCHISES. 
 
 MAXDAMUfci, C^H) W A1:I;ANT(), I'ROIIIBITION. 
 
 Wbcrever a person excnisin^ a i»ublic authority refuses 
 to pcrfomi nil act. wliich l»y law he may ])e reciuirctl to do, 
 a iii'nidamu.'i will lie on behalf of the party injured hy the 
 refusal. 
 
 Wherever a person ussuiues to exercise any corporate or 
 public office, or any franchise, without legal authority, an 
 iftfi>rmati(*H^ in the naturt' of a <]Uo icarranto, will lie at the 
 relation of any pcrnon who will prosecute for the usurpation. 
 
 Wherever any person assumes to issue compulsory pro^ 
 cess without a trial according; to the course of the common 
 law, cither in a case beyond his jurisdiction, or without 
 good and sufHcient cause, a prohilndoii will lie to restrain 
 his proceedings. 
 
 The first step in the proceedings for a maiidaimis^ infor- 
 vitiiion or quo warranln^ shall bo a iSuggestiorit supported by 
 an affidavit, setting forth the case; upon which a rule to 
 kIiow cans*' shall be granted by the Court of Common 
 I 'leas, or any .lud^ of the Court at chambers, if, in the 
 opinion of the Judge, sufficient matter be shown to justify 
 such rule. 
 
 The rule hlmll !».' returnablo, either to the next sitting of 
 the Court of Common I'leas in the district where tlie cause 
 of action arises, or before the Judge who grants tlie rule. 
 If the |»arty served hIiuII not appear, or show sutHcieut 
 cause, jud'j-'"'"' -hall be given for a peremptory w?«?*r/rt7nMS, 
 ountcr or y «, ax the case may be, and the writ shall 
 
 iwuc accordingly. But if the party served shall appear and 
 
546 
 
 answer to the rule, an issue of law or fact, as the case may 
 be, shall be made up by demurrer or plea. 
 
 If the issue be Joined on a point of law, the matter shall ^11.3-21. 
 be heard and determined by the Judge on the return of the 
 rule, with liberty to appeal to the Court of Appeals. And 
 if an issue of fact be tendered, the same by consent of 
 parties may be heard by the Judge, or if either party de- 
 sires it, by a jury at the next Court to be held for the dis- 
 trict in which the defendant resides, or where thp cause of 
 action arose. 
 
 In all returns to the rule to show cause, the defendant 
 may set forth by way of plea as many matters as he may be 
 advised are necessary to his defence. And the plaintiff or 
 relator may reply to the defendant's several pleas in like 
 manner. And if judgment be given for the plaintiff, 
 he shall recover his full costs ; and if for the defendant, he 
 shall recover his costs as in other cases of a successful de- 
 fence. 
 
 In case of judgment for the plaintiff in Mandamus or 
 Prohibition, he shall recover such damages as the jury may 
 assess under the direction of the Court, and have execution 
 for the same. But, if damages be given on an issue so 
 taken, no action shall lie for a false return, or for the 
 grievance or trespass that is the occasion of the prohibition. 
 
 Note. — Proceedings by information are by the constitution abolished only in 
 cases strictly primitive: but may be properly resorted to for recovery of penalties, 
 or redress of injuries to private or corporate rights. Ward v. Tyler, 1 N. <t Mc, 22. 
 
 No mandamus will lie t'» Managers of Elections to compel them to declare a candi- 
 date elected. The decision of the Managers is final. Grier v. Shnrkleford, Trend- 
 irnif, 642 ; State v. DfLunnelinr, 1 Sf-cC, 52. Nor to the Ordinary to grant adminis- 
 tration. The remedy is by appeal. Slate v. Mitchell, Treadway, 703. 
 
 No prohibition lies to the Governor. Gorenmr Taylor' § case, 4 J/tC, 206. Nor 
 to the proceedings of a Court Martial, as long as they keep within their jurisdiction. 
 Stntr V. Wakely, 2 .V. rf- .VrC.. 410. 
 
 Prohihilion is a branch of the jadicial power, bj' which the Court not only con- 
 fines inferior tribunals within their proper jurisdiction, but also enfr>rccs upon them 
 the due ob.scrvnnce of the common as well as the statute I.tw. Stale v. Commin^ion- 
 rrt of Hondo. Mith, 55; Statr v. Ridgill. 2 lint/., 560; ^Vffton'n cn»e, Unrjnr'i H.. 
 340; S. v., 2 Prteri' R., V. S., 449. 
 
 Mandamn* will not lie to restore a parly to a mere employment. An agreement 
 with the (Jovcrniir, sa>ictioncd by the Legislature, folbiwcd by the performance of 
 services, and pay out of the Treasury, do not constitute an office. State v. Champlin, 
 2 Bail., 220. 
 
4 
 
 ^4 
 
 ClIAPTKU III. 
 
 mi 
 
 4 
 
 UNirPATIoN oK ACTIONS. 
 
 Mm 
 III this chapU'T. luiid hhall l)o unJerstood not only to ex- 
 tend to coiiunon ground, but to iiK-lade land covered hy 
 wjiter ainl all t«Mifin<Mif>« and lu'rcdiUinicnts wluitsoever. 
 
 • f 
 * A. iTJi^ii. hvi; All :i< ii '!i- i.»r till' r<.'.iv«rv of land by bini wlio is out 
 
 of j)(>risr>-ii.n, sliall l»c broiiglit witliin ten years after the 
 
 "'cause of actiou accrued to him, or them under whom he 
 ;;'<laim8: gavinir the rights <»r nnirried women, jkmsous be- 
 '"yoml 8ea«, or in prison, who shall be allowed twelve yeai - 
 to proaccuto their claims: savinfj, also, the rights of per- 
 sons under nsff.* who shall bo allowed to i)rosecnte their 
 claims t*> land at any time within ten years after the cause 
 of action accrued, or within five years after rc.iching the 
 age of twenty -Clio year*. 
 
 A. 4. mt. u. M>, { s. The only claim to land tliut will prevent time from run- 
 ning in favor of an adverse title against the party out of 
 1 ball be made by an action in a Court of com- 
 
 |n liction: and the plaintitf in such action nhall 
 
 A. A- 1744. in r,vi procccd with diligence t(» bring the case to trial : and if a 
 ^.- . - ... ■ ■ vei-tVu t j linsl him, he shall be allowed to bring a 
 
 «i%ky«-ii>n-niv mj(^,(,„j ;j, ;,i,y \\uxk; witliiii two ycars after the deter- 
 
 tnination of the first suit: and if a second action be not 
 '""brought within the pi'riod aforesaid, the plaintitf shall be 
 for ever debarred and excluded from all right to the land so 
 sued for: saving llie rights of persons beyond seas, who 
 
 • Th« iafaavjr of 9fam of MV«r»l p«rioni having a joint interest in lands u 
 j.f>u-cl ihc rigbla of •uoh a« »rp nf full u^m frmn the operation of the law limit; 
 the (line for ibe brioxiBg of arti<int. Lahiffr v. Smart, 1 Il<iil., 192. AUtei; u.-* i 
 I>cri»'D*l propcrtjf. Iltmry r, iltan; 2 Hill, 32S. 
 
 Sk-'-t 
 I wo 
 
shall be allowed four years, and married wonieii, who shall 
 be allowed two years after discoverture, and persons under 
 the age of twenty-one years, who shall be allowed two 
 years after coming to full age to bring such second action. 
 And in case a verdict be rendered against the phiintifi" a 
 second time, such verdict if not set aside shall be conclu- 
 .sive against him. ' 
 
 If tbe plaintiff in such action shall sutler a nonsuit, or a. a.. 1-12, ii. 584. ? 4. 
 discontinue his action, or let tbe same fall from any such Non-nit " nr iiisrontin.i- 
 cause, the same consequences shall lollow as from a verdict .•ir.-.t as a veidkt aud 
 against liim ; and if lie let fall his action a second time, or"'"''"""" ' 
 suffer a verdict and judgment against him, he shall be 
 barred from any further remedy for the land in dispute. 
 
 If the period allowed for bringing an action shall have a. a., i824,vj.238, ^^. 
 commenced, but not run out in the ancestor's lifetime, the untn ti.c ,.priod xhaii 
 
 be complete by .tbe efflux 
 
 heir shall not be barred until the period is complete by the^Jj,*'""^ after" ti.o heu'» 
 efflux of time after the full age of the heir, and in such • 
 
 case time shall not run against him during his minoi-ity." 
 
 All actions of trespass for injuries to lands or goods, all a. a.. nun. uss je. 
 actions of trover or rciilevin, all actions of debt for arrear- TM.t on simple cn- 
 
 ■^ tract. c<ivenant. a.«»ump- 
 
 ages of rent reserved by deed, and of debt on simple con-"*''- <;«■*'' "»>"■'■ »•'"" I"" 
 
 ~ ./ ' 1 woidn. to be broUKbt 
 
 tract, account, all actions of covenant, all actions of assumn- "'""" f-"'- .vpa". Trc»- 
 sit, except sucli as concern the trade of merchandise between "■;'H"^'"[,i'7"; ^Zutul 
 merchant and merchant or their agents, and all actions on ;:,"7/7„\^j;'^ "j:'!;;';)"^''; 
 the case other than for words, shall be brought within fourl^;';;;;;:,."'-^'''""" ■*'"' 
 years next after the cause of action accrued.'' And all 
 actions of trespass against the person, assault, or assault 
 and battery, wounding or imprisonment, within one Vear 
 after the cause of action accrued; and all actions on the 
 case for words, within six months next after the speaking 
 of the words, and nf>t after. 
 
 •This 18 an exception to tho f^oneral rule tliat when the time limited for bringing 
 an action him onoc Iicgnn to run, it continues to run notwilhstan ling any interven- 
 ing .Usability. A/fam^oH v. Smi'th, 2 Mid, 269; Fiiyiionx v. PnitJio; 1 .V. rf- M<:f., 
 29fi: nirhn,<iii:n X. Wh,yirl,t, 2 .IhC., US; Il,tr!no v. ^frfJcr, 3 .VcC, 4:)2. 
 
 ''The c.tccntors' law, which protecla the csccutor or administriilor from suit for 
 nine nionthH froiii tho death of the deceased, su.^pcnds the opciiition oT the law 
 limiting the time of bringing an aetlin, to us to add nine month.' to the lime of 
 prcBoription, if plaintiff or defendant die before the time hag run out. ,l/<i»r» v. 
 Jomct,2 i\. d- MrC, 259. 
 
64b 
 
 'M fWf-' '91^ 
 
 ik-l». K u juU^neitt ,tift* be reversed on error, 
 
 ^'*'*^ ry^.^^^or get mide hv i ..fjiulgment, the plaintiff 
 
 w "i^Jirt S" t^.*« ^ «* , .. iicr a new action within one 
 
 •^y~ \ ; «»r urrosto<l.' 
 
 ifc. - l! U» an actit»n of trespass, detinue, 
 
 » . • .l.l.t r. >i ii'nt, or debt on simple 
 
 the ease, shall happen 
 ««■«•! bHM >•«» -i"^ III ilic liiuo «il muh*« atiso ol" action accrued to be bevond 
 •ens, or a Tit:i- •• ' "•.>uian, or a prisoner, such person shall 
 A-A-m- lie allowetl ll to »«nc. But if such person be at tin 
 
 time when the ■ action aecrued ujider the age of 
 
 twenty-one y«'ai-. i • -iill bo allowed four years after com- 
 iiiLT of a;r(' to l>rinLr -m li a<-tinn. 
 
 \k iTia u.^-n. f ii; All iin(•^^. p«-ii;iiii<> ai;<i i. 'i iiitures accruiniij otherwise 
 than bv the (Hunmon law, shall be prosecuted within six 
 wMihiriiamUu. nioutlis uftcf thc offeuco conunitted, when no other time 
 within which to suo fir thc same is prescribed.'' 
 
 A. A- 17(11.. 4 Annr. f. w\ nuits foF scuinen's wa<;es shall be commenced within 
 
 I*. 11, 4M. ( i;. IH. . f , 
 
 six yearn nf>or the cause f)f action accrued, and not after; 
 savin<5 the ri^dits of persons of unsound mind, imiirisoned. 
 or out of tiic tttute, feme covert, or under the age of twent \ 
 one years at the time when the cause of action accriuid, 
 who sluill be allowed to bring their action at any time 
 within six yean* after the <lisability removed. 
 
 "■ * '" if aii\ J"' ii-t wiiotii thcr(> may i)e any cause ol 
 
 action ft»r ~ - wages, trespass either against lands, 
 
 gftods or per-'oii. detinue, trover, replevin, debt for rent 
 reserved by tbed. or debt on simple contract, account, or 
 
 fta* ftir MaffinK III* for usMuult. ni.ii..c. b.ittcry, W(uiuding or imprisonment. 
 
 Urtr.-I wli.li lh», , ' i- ^- " 1 1 1 
 
 11. ai.^.i.i. 1)0 at tl i-e ot actn)n acci'ucti oeyond sc 
 
 then tb I ay be entitled to such action shall 
 
 •If ■ »nU abal* bjr «hr tiMitli of oni. ..f tlic parties, it may bi- renewed wilhin a 
 year bOit the abalt'Oifflll, tliough the datulu iiiuy liavc run out. Ilmilcr v. Glenn, 
 1 //<■./., 'ji'i. 
 
 * T' ' ■ ■ for pi'iialties to six iiiDiiths from the tiiiio ^^ ' 
 
 the .■■ !''l t. tliu poruiiiury penalties imposed by stm 
 
 uid u.M ► 11. t , hi of lulony. Suilc V. Tuylur, 2 ,1/cC'., ISI : 
 
 SUtU V. /"../«/.. ; fr V. Y.,nnyhli,o(l, 2 J/cC, 241. 
 
549 
 
 be at liberty to bring the same against tbe defendant at 
 an}' time after his return from beyond the seas not ex- 
 ceeding tlie time allowed for the bringing of such action 
 against parties resident. 
 
 If negroes, plate, gold, silver, or any goods and chattels a. a.. 1-12,11. sss,?!"-- 
 whatsoever, be mort«raged for the payment of money, or Equity of rdcmption 
 
 ' o c7 i. t/. •' ' i>f porAunal effecta niort- 
 
 perforinance of covenants, and the same be actually dcliv-K^Koa and delivered to 
 
 A ' _ ^ J mortgagee barred in two 
 
 ered to the mortgagee, and continue in his possession tvvoy"*"- 
 years after the last day of redemption fixed by the mort- 
 gage shall have expired, the mortgagor shall be barred of 
 his right of redemption, and the mortgagee shall thence- 
 forth hold the property discharged from the condition : 
 saving the rights of married women, and of persons beyond 
 seas, who shall be allowed to redeem within three years 
 after breach of the condition.' 
 
 » If the promise be to pay on demand, the time of prescription will not run against 
 the iiction until a demand is made. Wriyht v. Hnmilton, 2 Bail., 51. 
 
 To take a case out of the Statute of Limitations, a slight acknowledgment before 
 the action is barred will be sufficient: but after the bar is complete, there must be 
 an express promise to paj> or an unequivocal admission of tlie debt. Young t. 
 Moiipoey, 2 UuiL, 27S ; AUcock v. Eican, 2 Hill, 326; BeLoach v. Tunier, 7 Rich., 149. 
 
 While the time of limitation is not complete, the promise or admission of one 
 joint contractor binds the other. But when the time of limitation is fully elapsed, 
 the promise or admission binds only him that makes H. Selinan v. Srlma}>,2 Hill, 416. 
 
 When the obligation to pay is distinct, and by separate agreement, the promise or 
 admiss-ion of one debtor does not take the case out of the statute as to the other. 
 liuicdve V. Hampton, 6 Rivh., 208. 
 
 The promise to jiay a debt barred by the statute is a new cause of action, to be 
 declared on as such, and the old debt is the consideration of the new. Lomax v. 
 Robertttm, Dnd., 366; SImt v. Ratcliffe, 3 Rich., 299; Ooudt/ v. Gilliam, 6 Rich., 2S. 
 
 Between principal and surety, the statute begins to run from the payment of the .^ 
 
 debt by the surely. Thomtun v. Stcveun, 2 N. <i- McC, 493; Peters v. Rurnhill, 1 
 Hill. 2.14: Sirnn v. Goxtddick, 6 Rich., 105. 
 
 Where the promise is executing, to pay at a future day, the defendant must plead 
 that the action did not accrue within four years. That he did not promise within 
 four years in such a case is a bad plea. Marvin y. Ti/lmnn, 1 Jinil., 441. 
 
 Dower is within the Statute of Limitations. liamtay r. Uozier, Tread., 112; 
 Mitchell V. I'ot/ai, 1 A'. <fc McC, 85. 
 
 The state is not barred by tbe time limited for the bringing of actions, unless . 
 
 exprci'-'ly named, \ulliim trmput occui rit r^gi is law in South Carolina as well as 
 Westminster Hall. Harl>ek v. Juekion, Tread.. 1.36. 
 
 Time dr.es not run against a right of poiscssi u. unless there be an actual adverse 
 possession. Cniger v. Jjnnirl, 1 McM. E</., 190. 
 
 Time will not run against the executor or administrator, if it had not begun to 
 run a^rainst tbe deceased in his lifetime, until probate or ndmiiiistration taken out. 
 McCitUnxtgh v. Street, 3 McC, 456; O'eiyer v. lirown, 4 McC, 423. 
 
 The limitation of actions belongs to the lejc fori, and not the lex Uid. So, ao 
 action may bo barred here which would not be barred by the Statute of Limitations 
 of the country where the contract was made. Levy v. Runn, 2 Rail., 217. 
 
Chapter IV. I^HF 
 
 amendmkntjs axi> jeofails. V 
 
 The Judtfoi* innv nmnu! any clerical error in legal pro- 
 
 rf..linp^ nftOT n«« \Nell n« before jndirment, nor shall the 
 
 .1 he invaVKlAtc.l hy cni^nro or intcrliiioation for the 
 
 ...iKM'tion of Mioh ormr, in writing ft letter, word, or sylla- 
 
 " • "' ';hle too innch or too little: nil which the Judges may correct 
 
 ►' ' -.,11 motion, without c«»8tt», or rule to show cause. But this 
 
 hncnt fhall not extend to indictments for treason or 
 
 A. I' 
 
 Alter isMue tried. Judgment shall be given without regard 
 
 r«i«irrc'1ili.'«»*''to mispU-'aihug. miscontinuance or misjoinder, or want of a 
 
 ^» » w. \\ arrant of attorney, or any other default or negligence of 
 
 lS55S5~. anv of the parties, their counsellors or attorneys. But in- 
 
 mHh j»isM«it <.i. "'►,li,-tment« for tn a>on or lelonv, and mtormations on any 
 
 M«tt» tMditlJurtlU t'T 
 
 S?r ;;iu:;.':iVcw::' l«'I>"lar statute, are cx^-epted. 
 
 After demurrer joined, judgment shall be given on the 
 
 A D^ laH. n Kilt., c. " , ■ . ,. , • 1 !• i. 
 
 *. II 431; AD. 1706, « nicrite, without regard to anv importection, detect or omis- 
 
 Aww. c. It, 11, 4SU. ' . , • *i ' T i. il 
 
 .sion.or want t>l lorm m the i»roccodings, except those 
 ?? '"*'!?_;*' ,'""" ■'■'' which the parly dcmurnng shall specily with Ins demurrer 
 n i < ti i w«u»ui.d>...... .^g cauHes of the same. Nor shall any objection, cither ot 
 
 form or substance, prevent a judgment upon the merits, if 
 there be sutlicient matter on the record to sustain a judg- 
 ment according ' d merits of the case. 
 
 .,.*-„,, , Ko verdict shall be set iu<ide bv reason of a variance be- 
 iiiL4^i tween the writ and declaration, or lor lack of an averment 
 
 J5°'"' ' ''"'"" "^of the life of any i>erhon whose life is material to be proved, 
 if upon examination the person be pri)ved to be in life, or 
 by reason that any i»f the jury that tried the issue is mis- 
 named, either iu the t>urname or the addition, if he be 
 proved t«' be the same man that was meant to be returned, 
 or by reason thai there is no return of the venire, if a panel 
 nicni'.f . ti. .> I, ,r.i. with .the iiamoM of the jurors be returned and annexed to 
 the writ, or by reason ot the absence oi the sherm s or oin- 
 cer's name to tlic return, if it lie proved that the writ was 
 
 •ad 
 
 •I'p 
 
9#1 
 
 returned by the sherift' or other proper officer, or by reason 
 that the plaintiff, being an infant under the age of one and 
 twenty years, did appear by attorney and had a verdict. 
 But these regulations shall not extend to any indictment for 
 treason or felony, nor to any action given by any popular 
 or penal statute. 
 
 After verdict in any action, judgment shall not be stayed a. d.. lees. ic and n. 
 or reversed for defaidt in form or lack of form, nor want of 
 
 11 . ,■ i' J /' 11 r. 1 After verdict juiigment 
 
 pledges, nor want ot projcrt ot any deed or ot letters testa-"''-'" ""••""•".v<di..rde- 
 
 "^ , ^ . . .' fnult ill foiiii (ir wuiit cif 
 
 mentary or letters ot administration, nor for the omission f"'n'nor want of profcn. 
 
 ■ iior omissiiiiis of words of 
 
 of vi ci armis, or contra vacem. or hoc est varatus, or a similiter, courBe, nor mistakes in 
 
 •* -• ' Bums or date, if tlie true 
 
 or proid patei, nor by reason of the mistakinfi: of the chris- ""'".*""''*■''''■'' '?/"'''"""' 
 
 '■''*' i^ ^ ^ iif the iiroceediiigg. nor 
 
 tian name or surname of the plaintiff or defendant, or for"""!"'^" i"""/" \*'"''^«- 
 
 I ' nor for mislitKcs bctwocn 
 
 mistake in an}^ sum of money, day, month or year, '*y\^ore'^,i^f,!^'^!^''wt^y"^n'',^n- 
 the right name, sum, day, month or year is elsewhere ^or- ;;,7'"' """"' ^''"""'^'■"- 
 
 (in est. nor want of htat- 
 
 rectly stated in the same proceedings, or for the want of a^J!^ '1^ rr:^:.t'^" 
 proper venue. Nor shall any jutigment after vo'dict, oru^raJotiven/A^dau 
 by confession or default, be stayed or reversed because amm-nd^'atTny'suge-of 
 
 ,, . ,, . , ^ ,, • /• )< ,, ■ '•"<•■ proceedings, as of 
 
 '■^capiatur is enteretl for a '■'■ miser econtta, or a '^miscreror- covuve. 
 did'' for a '■'■ capiat iir;'' nor because " ?V/eo concessmn est per 
 curiam" is entered for "u/eo consideratiim est jyer cnriam," 
 nor because the costs are not entered, to be at the request 
 or consent of the party in whose favor the judgment is 
 given. But all such omissions or mistakes, and all other 
 matters of like nature may be amended at any stage of the 
 proceedings, wiien brought to the view of the Judges, with- 
 out conditions or delay. But this enactment shall not be 4 Anne. r. le. ? i. 
 intended to ai)iilv to anv i>opular action or suit nixm anv '*"'"k "^ p^pninr ac 
 
 i^ I -^ • I I i. ^ ticiiM. iti.lir timnts and 
 
 penal law, or to any indictment or presentment. vi.m.,i.m<i,ik. 
 
 A. A.. 1705. 4 Anne. r. 
 
 *111 i»X/»'l 1111 11 '1 A. A., JJU3. 4 Am 
 
 Ail the statutes of Jeofails shall be extended to )udg-i«j2. n. 4^2 
 
 "' '^ All Klatnten of Jeofail 
 
 ments upon confession, iri/ul aicit, or non sum ivformafus, and •»*'■'"''•'' «" judgments 
 
 "■ ' -' ' l.v confefwion and de- 
 
 to all proceedings in mandamus, quo warranto and j?ro/i/6//w?i. '""" 
 
 When a variance is discovered between any written or 
 printed matter and the description of it in the declaration 
 or plea, the Judge, in his discretion, may order the jtrocccd-' 
 ings to be amended, with or without costs, according tc 
 circumstanceB, and'the trial shall proceed as if no error had 
 existed, unless the alteration bo of such a nature as to re- 
 quire evidence that would not have been necessary if the 
 matter had been correctly described at first. 
 
 A, A.. 1T13. 9 Anne. c. 
 
 Taken from 9 fleo. 4. 
 
IM.KADTXG. 
 
 A D.. Kt*. ♦ Anoc. r ^^ djlatorv i>l(-M sluill l>o ivcflvod in any Court, unless 
 u. II.434.J ^^^ nloadiiiL' sudi u matter sliall make oath to the 
 
 nUaliirj rli — mtwt lx> x v * ^^ i i t • i 
 
 immutt. truth of his iiloii, «»r sh<.\v some prohabie reason to induce 
 
 the belief that the fact contained in the pica is true. 
 
 lb.) IX 
 
 Payment may ho pleadcil in bar to any suit on judgment, 
 >r on any single hill: and payment of the sum due and 
 interest may he pleaded to debt on bond, containing a con- 
 dition or defeasance to make void the same on payment 
 of a leaser sum at a day or place certain ; though such pay- 
 ment be not made at the very day, nor according to the 
 verv letter of the bond. 
 
 lb., { 13.. 
 
 taaolranl. 
 
 And il at aii\ lime pending suoh action on a bond with 
 '"■'"'a penalty, the defendant .'•hall bring into Court all the prin- 
 <ipal money and interest then due on such bond, and also 
 "' ''such cost"* as have been incurred in the suit or action up to 
 the time of making the motion for leave to bring the 
 money into Court, proceedings in execution shall be stayed 
 till future payments become due, unless the defendant be 
 iuHolvent: and if the whole i»rineipal and interest reserved 
 bv the c<>nditi(»n, and all the costs of suit be brought into 
 Court, it shall be deemed and taken as full satisfaction of 
 the bond, and judgment be given to discharge the action. 
 
 A.iulM 
 
 jyi bonl 
 
 •U the prhi! 
 oialb^L 
 
 , Vn. 309 
 
 The pluiutitt' shall be entitled to an assignment of the 
 bond taken by t) ^' 'AY for the defendant's appearance. 
 lUit the bail to lilT shall have all the privileges of 
 
 special bail, and shall not be liable to be sued upon the 
 
553 
 
 bail bond before judgment shall have been had against the 
 principal, and a return of non est inventus to a capias ad satis- 
 faciendum. 
 
 When a party demurs, whether for defect of form or a. a., 1734, vn, iss. 
 substance, the cause of demurrer sliall be set forth : and at ah .ioin«rrer« shaii e^t- 
 
 ' prcsK tlio cause of aemiir- 
 
 the trial or argument of such demurrer, no otlicr matter '^'■'"• 
 shall be heard or allowed, except in support of the matter 
 so alleged. 
 
 In debt on bond conditioned for something other than a. a. 1792. vii, 280. 
 the payment of money, the plaintifi" shall submit to the Bonds for performance 
 jury the condition of the bond and the special circum- 
 stances; and the jury may assess the damages, and execu- 
 tion shall be marked to levy the damages actually due, and 
 the judgment shall stand as a security for the debt. 
 
 In all actions of debt on bond, the defendant may, under a; a. issi. vt, 438. 
 the general issue of non est factum, offer in evidence any „ J;^';f;^*;;/27show 
 matter tending to show that the bond was void in its crea-","'f ^X ''""'' "'"" ''""' 
 tion, by giving twelve days notice to the opposite party of 
 the nature of such defence. 
 
 The defendant in any action or suit, and the avowant or a. d.. 1705, 4 Anne, r. 
 any plaintiff in replevin, with the leave of the Court, may 
 
 •^ * * , - ... "^ Plaintiff may pUad 
 
 plead as many several matters as he may think necessary doui.io. 
 for his defence. 
 
 No wriit of certiorari to remove anv cause from an infe- a. d.. ieoi,43 eiib.. c 
 
 ^ " ,5. 11.505. 
 
 rior jurisdiction to the Court of Common Pleas or General 
 
 •' , Crrtiorari when tn is- 
 
 Sessions shall have any effect, unless the writ be delivered ".<■ 
 to the Judge, Justice, or officer of the inferior jurisdiction, 
 before the jury that are to try the case be sAvorn. 
 
 Detinue will lie in all cases of unlawful detention of any * a..i7i». vn.im. 
 money, goods or chattels ; and the general issue shall be 
 non dednct, and no wager of law shall be allowed. 
 
 leaand* ma? 
 
 In all actions arising from contract, if the defendant have a \.. nw, iv. 7«. 
 any demand against the plaintiff in the same right in which ^ /^J "^""^' ' 
 he is sued, arising from contract express or implied, such 
 2 
 
Atim •MUi" 
 
 . ' \ : • * .. 'vni iu evidence, as the* 
 
 iliat at the time of 
 
 I'flding, notice be gyven of the imrticiilars of the demand 
 
 iiitrtidod • " " u oitlier for reduction or extiu- 
 
 guittbiuuiii : , .aunc of action. And the matter 
 
 of mifh defence iM-insr prove*!, vortlict phall be rendered for 
 the h:. 'li»' balanee may be. 
 
 And i..- .. . .^. » • .V . .. at tors, and the ]>hiin- 
 
 titf nhall not bf at lihrrty to dismiss his suit without the 
 consent of defendant : /V«nV/r(/, tliat no demand barred 
 by the law for the limitation of actions siiall be received 
 n» a matter <»! ^t-t-otf «»r disrount. 
 
 ' ■' III . ' :- iiiii'iiiiiit,^ it» any woman the 
 
 want . iiflicient cause of action with- 
 
 out the proof of s|K.Hial damage. 1 
 
 Actions of account may be maintained against the exec- 
 ^„,^^i, utors and aihninihtratonj of every guardian, bailitf or rc- 
 "',';,'; ceiver ; an<l alt««», by one Joint tenant or tenant in common 
 aiTJiinst the other as baibtf, for receiving more than comes 
 lo his just share or proportion, and against the executor or 
 administrat4>r of guch joint tenant or tenant in common : 
 ami the auditors appointe<l by the Court wliere such actions 
 Hhall be deju-ndiiig. arc empowered to administer an oath 
 iuid examine the partien touching the matter in question; 
 and f(»r their pain** and Iroidde iu auditing and taking 
 such aeeount, have M\v\i alh)wance as tlie Court siiall ad- 
 judge to be n-anonable, to be paid hy tlie party against 
 whom the b:( >\ siieli account may be, or as the 
 
 Court on col, II ol" all eir<-uinst;inces may tliiiik fit 
 
 to oriier.' 
 
 KoTg.— A nnmlna) t'!a»nf|ff. r,r nne who lin« traiurorn-d hi- interest to nnothcr, 
 •halt ool b« (.' Ii>c<<inlinup ilio notion to the injury of tiie real 
 
 pUlntfff W Krf„iHf Ctinkr, J),t(l.,lU. 
 
 ^' "f a pulilii' officer for the faithful di.-ohargo of 
 
 • ii 'U>'h honcl niU!<t be brou;.'ht in the name of tho 
 
 •Jlill- ill j;reiit measure, the coniinoii law remedy. 
 
 Bat it i< : tlir rcfcrenec of tho inatterB in dii<putc to audi- 
 
 U'l uLjc&t, MuulU uwl ho, io many in-stuuccs, un iiuproveinent on 
 
 tu 
 
55S 
 
 incumbent, and does not abate by any subsequent change of oflSoe. Cloioney t. 
 Foote, 1 Hill, 421. 
 
 When judgment has been had on a sheriff's bond, it stands as a security for any 
 former or subsequent breaches of it; and any person aggrieved by the misconduct 
 of the sheriff, may come in by suggestion, and require the sheriff and his sureties, 
 by a thirty day rule, to plead thereto ; and for default of plea, or upon issue joined, 
 may have his damages assessed by the verdict of a jury, and execution for the 
 same. Trcanurcm v. Bates, 2 Bail., 362. For the form of e.xecutiou in such cases, 
 lee Sir John Williams' note to Gainsford v. Griffith, 1 Savnd., 68. 
 
 Tenants in common, joint tenants, and tenants in coparcenary, may join in eject- 
 ment or trespass to try title, and if one of them die pending the suit, the action 
 shall not abate as to the shares of the others. Bot/lcsion v. Cordes, 4 McC, 144. 
 
 The action of a fcmme plaintiff shall not abate by her marriage, if before cover- 
 ture pleaded she appoint an attorney to prosecute the action in her own name. 
 Giiphil V. Isbcll, 2 nail., 349. 
 
 If a femme plaintiff marries, the defendant must plead coverture puis darrein 
 continuance ; otherwise the action will not abate. Guphil v. Isbell, 1 Bail., 369. 
 
 A plea j[>i(i« darrein continuance cannot be filed without leave of the Court; and 
 leave will not be granted unless the Court be satisfied by affidavit, or otherwise, 
 that the facts stated are true. Morrota v. Morrotr, Tread., 455. 
 
 A defendant may give in evidence that he was insane when the contract was 
 made in avoidance of his liability under it. The old rule, that no one shall be 
 allowed to stultify himself, is obsolete, unreasonable, and not to bo admitted. King 
 v. Huntingdon, 1 Mill, 162. 
 
 An action for money had and received will not lie to recover back the purchase 
 money, without a tender of the property, or an entire failure of consideration. 
 Wharton v. O'Hara, 2 uX. rfr McC, 65; Anhlei/ y. Beeves, 2 McC, 432. 
 
 A contract for overseer's wages is not an entire contract. If the overseer has 
 been turned off for misconduct, he may, notwithstanding, recover for the time he 
 conducted himself properly. Ealcin v. Harrison, 4 McC, 249 ; Graham v. Lewis, 2 
 Hill. 107. 
 
 iirtTiiir 
 
< 
 
 « < -.•'A VI. 
 \ 1 1 Tim 
 
 • T' -f "III* 
 
 EVIDENCE. 
 
 1. T • ■•"1 •••atod transoript <»f a will and probate from*. 
 
 any c^ U-siasticnl tribunal, sball be receivable in^ 
 
 evidence in the Court- ..f thin state, ^c Wills, 523. * 
 
 A. A., irai. 
 
 tu. 17X1. Ml. 
 
 
 Oommisnioim to take tentimony. See Procerd'mgs before 
 Trial, 388. 
 
 For the modi; of tiikiiiLT I'videnco in equity. See Courts 
 of Equif^y 448. 
 
 ni 3M, 2. All exemplifications of the Actri of Assembly, and 
 attested coiiieu of all records of this state, signed by the 
 , ; """^'keeporB of mich record^*, and also all deeds, bonds, and 
 other Bpeciulticrt, all letters of attorney, procuration, or 
 other pttwcr. proveil on oath and certitiod under the corpo- 
 rate Real of the Lord Mayor <»f London, or any other mayoi^ 
 or chief offic«'i of any b«Mouirh or town corporate in Great 
 Britain or Irtland, or the IMantations, or under the hand 
 of the (jovenior and public seal of any of the states ot 
 Xorth Anu'rica. or undrr the notarial seal of any Notary 
 Tublic, shall i»o receivable in evidence in the Courts of this 
 ihm ptortan t, n^w. Btftta. Havin^ to tiio oppositc party in respect to {uivate 
 writin_;;», all proper i'Xcci>tions, an<l the right of cross-oxam- 
 j,,,,i;.>,.. ;i, ,• ,^. ..i" Kiii,.!-;^.- ..r sM^pioiou/ 
 
 • 1 (• ; I bo whole instrumont or record muHt 
 
 Ik ^.i:e,ir,l.,„, 2 N. rf- ^fc(•., 2»». 
 
 ! -i.u Ui \iiu\o the cxiRtenco uf a judgment. Tkomp- 
 
 •iiy 18 not concluitivo 11$ ovidonce of 
 tl.. ' '. 2 A'ciy, .363 ; H'i7/iani«</n V. T'uniio, 
 
 Jh., ih^. 
 
 PrloM'a DifMl rac«4v«4 m vvMleiioc of ifao laws of Uuurgia. AUen v. Walton, 2 
 U,ll, 31». 
 
3. A transcript from the books of either of the Treasurers, a. a.iroi. v. 411. j 22 
 certified by the Comptroller, shall be received as evidence Treasurers books^ 
 in any Court in this state, with equal authority as thcbooks 
 themselves if produced. 
 
 4. A bond or note may be given in evidence on proof of a. a. 1S02, v, 435. 
 the handwriting of the obligor or maker, unless the defend- Bond and note. 
 ant will deny his signature on oath ; or unless the defendant, 
 
 if he be an executor or administrator, shall make oath he 
 does not believe it to be genuine.' 
 
 i 
 
 5. The public scales and weights in everj' town shall con- a. a-.ttg?, iv.29o.?4. 
 form to the standard kept in the treasury in Charleston : 
 
 and the weights certified by the Public Weigher shall be weiRbt^. 
 received as the true weight of all articles sold on the same 
 day on which they were weighed. 
 
 6. An office cop}-, certified by the Register of Mesne a.a..i843. xi, 255. 
 Conveyances, of any deed or conveyance of real estate in omre copies of .heds. 
 his district, and an office copy, certified by the Secretary 
 
 of State, of any deed or conveyance of personal property, 
 
 properly recorded in the office from w^liich it comes, shall 
 
 be receivable in evidence in all cases in which the question 
 
 may turn on the existence or construction of such deed or 
 
 writing, provided that the party offering such evidence 
 
 shall make oath that the deed or writing is lost or mislaid, 
 
 so as to be out of his power, and that it was not destroyed 
 
 or mislaid by him or willingly put out of his power, with 
 
 intent to produce in its stead an office copy: and further, 
 
 that the party offering such evidence give reasonable notice , 
 
 to the opposite party or his attorney, of his intention to 
 
 produce such copy at tlie trial. 
 
 7. Office copies of any deed, grant, or otlier paper l)elong- a a.. i»>.s«. xii. mo 
 ing to his office, certified by the Secretary of State, shall be "rant., etr. 
 
 * Tho handwriting of a subecribing witness should be provod, before evidence of 
 the hanclwriting of the maker is producert. Mynri v. Taylor. 2 liny, 506. 
 
 Compariiion of handwriting admissible in civil cases. Bmoman v. I'lunkett, 2 
 McC, 518. 
 
 When a deed is proved by evidence of the handwriting of n deceased witness, it 
 is permissible to prove what that witness saiil nn the snliject. MrfJhrer v. Sutton, 
 1 BaH.. 542. 
 
 Secondary evidence is not received, if a subscribinp witnc«s is living and within 
 the jurisdiction. IScrry v. Willnrnc, 2 Hail., 91. 
 
i. iico M the oifico copies of other records, 
 
 f ji .«juire<l to deliver such oertilied copies 
 
 k A.iM«.xii.kv 8. A t! rr«»m tl ' hooks of tlio sheriff, cor- 
 
 iiiHTi W4. titied b^- i <.f ilu- .-,. udor the seal of the clerk 
 
 of the Court* hhadi hr ax eft'ectual as tlie production of the 
 orig\iial in all tri T the district, provided roasonahlc 
 
 notic' *' •' • pro<lm-e sueh evideuce be given 
 
 to tht is attorney. 
 
 » A.iTii. *ii i'-^" L*. The \m« ' ' j'*i>, iiadesjiiiL'ii and dorlors. 
 
 •.»iuafir>a.«>«-n PTi.^.jt^li tlic liu i ii of tlic i)artv niakintx tin 
 
 k»«. tall of uir •. I eiitncb, hhuil la- allowed for evidence ol goods sold and 
 
 dc'livcicil. binices rcudercd, or work done in the line of 
 
 their buNiiiCHH. 
 
 A./U11M- vn in: 10. The books of a solo trader shall he receivable in the 
 t^ttmtm. same manner as tho.-^'* "♦' • ''■..!• iradesnien. 
 
 A. A,i«T. vi.six 11. liut no eliur^e h»r iiipior, .sold in quantities less than 
 
 . one (juart. can l»e provi-d l»y the books of the dealer, nor 
 
 shall they bo n-eeived in evidtnee to prove .such charge, 
 
 even witli the 8Upplement4iry oath of the party who made 
 
 the entr>'. ^ 
 
 NoVE.— TIm orifinai mctaoraailum o( the purchoKc iind sale of property sold nt 
 
 MtClioH oiud bt |>ro<lurt ; ' ■ ■■ tlu- Jitirclia.'icr. Duriii v. Hnbertion, I Mill, 71. 
 
 A lt<><^<i tliai hmM beeii moro tliun thirty years, as ineoutoslubly ]irovcd 
 
 • by lh« rnyulry, U eulilir.i |.. i.r rr.i-irol n» an aiioipiit deed. W'ngiier v. Altoit, Jiice, 
 
 100, Swy^rl X. 7.ij/«r. I L',.k., ifl ; Ktlm. •Htloii V. Iliijhf*, Chtvtt, 82. 
 
 A ilM-d uj«y Ir a)l.«r.| |<> (fo to the jury, though the subscribing witness canni i 
 r«eoll«rl the rit^-uMi.ii of a, if hia lii^nnturv lio ileolarod by him to bo fjcnuin 
 CoUtm* ». /.. .1 .V,r /'rnrtuH V. UVi</Af»i<ili, 1 J/i7/, 344. 
 
 A dcfxl p*' '•■■r. if adtuixKiblu as an uncirnt dood, may bo read to 
 
 thBjur^ " r n..l.;,„oi, V. Cr,i,;i. ] ii!/i,:i»o. 
 
 A b.. . » (•videnrc of the handwriting of tho clerk who 
 
 mad* the .1 ..f ihu Dtate. £'/«i» v. CAcim, 2 .V<-C'., 349. 
 
 A r»T\' ^ ■ .iiii(<''| in evidunco, on proof of tho hiindwriting 
 
 i' ] urnt/tirrd V. I/,iirk-ili; 1 McC, 164. 
 
 :» 1 r.Miin|ition of pavinent of a bond or judgment. 
 A ■ '/i7/. 140. 
 
 -^ion of twenty years. Proctor v. McCall, 
 . :• r.'U ; .{rlhMr v. Arthur, 2 .V. Jc MvC, 563. 
 
 • I iiied aftor twenty-seven years. Jieed v. Price, 
 
 H*rf., t. 
 
The lapse of twenty years will raise a presimiption of the performance of any 
 condition, as well as that of the payment of money. Ordinary/ v. Sleedman, Harp., 
 287. 
 
 Delivery of property to a daughter on marriage, strong presumption of intent to 
 give. liell V. Strother, 3 McC. 207. 
 
 The declarations made by a p.ayee before the endorsement of the note are compe- 
 tent testimony, but not those made afterward. Claytoti v. CoHIiid, 2 McC, 457. 
 
 The declarations of a tenant are admissible to show tinder what title he held. 
 Hnll Y. Jiimes, 3 McC, 222; Simmons v. Paraom, 1 liuil., f^2 ; Ruff v. Thoman, 1 
 Spcer, 163 ; S. P., 2 Spccr, 610. 
 
 Thirty years adverse possesi^ion of personal property is not only evidence of title, 
 but title itself. Hutch iiinoii v. Xolaiid, 1 Hill, 222. 
 
 Freedom may be presumed in favor of a negro from the enjoyment of liberty for 
 twenty years. Miller v. Reigne, 2 Hill, 692. 
 
 In an action .against the maker, the endorser is a competent witness to prove 
 usury. Knirjht v. Pacl-at-d, 3 McC, 71. 
 
 An executor, though he takes nothing by the will, cannot be examined as a wit- 
 ness to sustain the will. Vinyard v. lirotni, 4 McC, 24. 
 
 An agent is a competent witness to prove his agency. Black v. Goodman, 1 
 Bnil.. 201. 
 
 A party to a deed is not a competent witness to prove the execution of it. liun-j/ 
 v.Wilbiinie, 2 Bail., 91. 
 
 Declarations against the interest of the party making them are received in evi- 
 dence only after his death. Loxory v. Mono, 1 Strob., 64 ; Willis v. Sncllimj, 6 Rich., 
 283. 
 
 Declarations are evidence when they form part of the I'cs gcntir. Parris \. Jen- 
 kins, 2 Rich., 107 ; Spencer v. Bradford, 4 Sirol, , 99. 
 
 A codefcndant may by bis own consent be called as a witness. Corriev. Calder, 
 6 Rich., 205. 
 
 When a note is payable at a bank the holder may recover against the maker, 
 though no demand be made at the time and place of payment. 13ut if the debtor 
 shows that he was ready at the time and place to pay, no action will be maintain- 
 able against him without a new demand. As between the holder and the endorser, 
 the latter will be discharged, unless a demand be proved according to the tenor of 
 the note. Scmble. Smith v. Bmril, 2 Rice's Dig., 187 : Bunk v. Flugg, 1 Hill. 177. 
 
 If a note, payable in bank, ho deposited with the cashier, it is sufficient for the 
 book-keeper to refer to the maker's account; and if there be no money to satisfy the 
 note at his credit, it may be protested. Bank v. Flagg, 1 Hill, 177. 
 
>im ttL>itmr* /tt«;H»T h«ltt| 
 
 Chapter VII. 
 
 I.IKVS -MKCII WK'v ANh MATERIAL, MEN. 
 
 A.*. WM.Ti.t2 A for the orcotion. iiiiprovemcnt, or 
 
 rejiai, ,.; .. .... , ..,,. t)tlior bnildiiii]:, shall give the me- 
 
 clianic or coiitnictor a lien tor the payment of the de]>t. 
 Proritlitl, f»!ich rontrart be 8i«riio(l in the presence of tw 
 witncMo". nnd rontnin a spocitication of the -work to Ik- 
 (lono, and tin- niat< riaU to he found, and the price for the 
 same; nnd ho r<NM»rdod in the office of the Register of 
 Mesne (' .'PH. of ihr (li<trict in \vliieh the contract 
 
 i« to he < :. 
 
 Ab ll liic cii*j<K»w I, in ouch contract, liiivo only a liinit»'<l 
 
 interent in the land, tl»e lien, as against other person.-, 
 nhall extend lo no more tlum such a sum as the additional 
 value uhiih the pernntnenl improvements or repairs confer 
 updM tlu' land. 
 
 I*- A . _ t purchn«ers and bona iide creditors, the lien 
 
 •" aforesaid Bhnll cominonce with the recording of the con- 
 
 tract, and nliall l)e presnnjcd to be satisfied at the end of 
 threi- years, unh-^^ tln-n jtnt in suit or liquidated, and the 
 lirpiidation rocord< .1. 
 
 lo.rooau.ui.- Tlie bonofit of such a lien may be enforced by a petition 
 
 oni.'c'°ri..i *in equity, in which relief shall he given according to tlu 
 
 juntio* of tho CMC nnd the rights of the parties interested. 
 
 n. 
 
 Tho ri 
 bv ir 
 
 >nnr ineumbrancers shall not be divested 
 I foresaid. 
 
 ,xii,T4i.* If work. labor, materials, stores or provisions, reasonable 
 or prop* ' 1 furnishing of a ship, be supplied 
 
 ] 
 
561 
 
 at the request of the owner, master, agent or consignee, 
 in this state, the debt so contracted shall bind the ship, 
 although owned, partially or wholly, within the state, in 
 the same manner as by the maritime law a foreign ship 
 would be bound, and enforced in the same Court. 
 
 WHARFAGE. 
 
 The following rates shall be paid, and no others demand- a. a., 1807. vii. 122. 
 ed, by the owners of wharves or any other person, for Rates estabiighcd for 
 
 ,,. n ^ • 1 1 IT- ,11 wliarfiifte. landing, stor- 
 
 ^ wharfage or ships, vessels and merchandize, inipoi-tcd andi"eofricc and cotton, 
 exported; and also for weighing and storing of goods 
 upon the wharves in Charleston, to wit : 
 
 For landing every barrel of rice, four cents per barrel ; 
 for weighing every barrel of rice, six cents per barrel ; for weighing, 
 shipping every barrel of rice, four cents per barrel ; for shipping, 
 storing every barrel of rice, eight cents per week for the 
 first and last weeks, and four cents for each intermediate 
 week; and storage of half barrels, at half price for whole 
 barrels; for landing every bale or case of cotton, four cents 
 per bale or case; for weighing every bale or case of cotton, 
 six cents per bale or case ; for shipping every bale or case 
 %f cotton, four cents per bale or case ; for storing every 
 bale or case of cotton, eight cents per bale or case for the 
 first and last weeks, and four cents per week for each inter- 
 mediate week ; for the dockage of every vessel (coasters Dockag.. 
 excepted), loading or unloading, of or under one hundred 
 tons, fifty cents per day ; from one hundred tons burthen 
 to or under one hundred and fifty tons burthen, seventy- 
 five cents per day; for eveiy vessel above one hundred and 
 fifty tons burthen, one dollar per day; for every idle vessel, 
 double dockage per da}-. 
 
 TOLL FOR GRINDING.— TARE. 
 
 The toll to be taken for grinding corn, wheat, rye, or a.a,itm.iv, m2. 
 other grain, into grist., meal or flour, shall not exceed one 
 eighth part for any quantity under ten bushels; and for 
 
1 • ' ",*-.• . ' . ••" ' ;.r]it to mill at one 
 
 \>r taken; an<l for 
 ••nmll erain choppc*! for hominy, fooding stock, or for dis* 
 tillinff. no mnr<^ than one fixtocnth part sliall ho taken. "*' 
 
 IV. ' Tf any person shaH precunie to tako any more or greater 
 
 toll than is herehy nllowcMl, he HJiall forfeit and pay a sum 
 c<jiial to ten timr« the value of the oxross so taken ; to be 
 recovered l>efore any .Tiintiro of the Peace in the district 
 or parish in which the olFendor resides, by proceeding as in 
 ranse»« uniall and iii< ' T to the iiifonnor, and the 
 
 otiii-r half to the j.. i. 
 
 A.A.iM^n.Mi. Tare -' s ed on sale ot' eotton ; and all con- 
 
 tracts in -ale of cotton shall be inidei-stood 
 
 OS having reference to the true and actual weight of such 
 cottoQ, without de<luction f«»r tare or <lraft. 
 
 AUCTION. 
 
 No person shall act as a vendue master or auctioneer, 
 unless he he a citizen of the state, or entitled to all the 
 privileges of a citizen, and shall liave given boiul with 
 sufficient approv«'d security to the Cit}' Council of tlic town 
 or city where he may reside, or to the Treasurers, if he do 
 not reside or carry on business in any town or city, for the 
 due and faithful jterfonnancc ot" his duty as a vendue 
 maater or auctioneer; and taken an oath for the faithful 
 performan<e «»f all his iluties while in that employment; 
 
 and received n I' ' 'Voni one of tlie Treasurers to carry 
 
 rMMiiyfarMMtacwttb-on tlic auctiou \ : and if any ])erson shall presume 
 
 af«M««c 
 
 *** *— j^ ^^j j^ gy auctioneer in the Parishes of St. Philip and 
 8t. Michael without being duly (lualificd as aforesaid, he 
 shall f«)rfeil the «uni of two thousand live hundred dollars, 
 to be recovered by action of debt : one lialf to the use of 
 the informer, the other lialf to the use of the city. 
 
 x.iL.mx'fUMt. But any citizen of the state may sell his own property at 
 fe<iMiiMriciitarMU-puli' he secures to the state or city, as 
 
 tnc bk owD property. . i x x- 
 
 the *.. . ." . ...^ ;,..ae8 payable on sales at auction. 
 
563 
 
 Every auctioneer shall keep a book, wherein shall be a. a., nss, iv, 67o. 
 fairly entered all sales made by him at public outcry or ins duty to keep books 
 
 " t/ i »/ jj,i(l tQ pay the duties. 
 
 by private sale, and the prices and names of the pur- 
 chasers ; and he shall account once every three months for 
 the duties payable on such sales, and shall produce at the 
 auditing of his accounts every book kept for the entry of 
 sales made by him. 
 
 And if any auctioneer shall neglect or refuse to account a.a., i-ss.iv, gti, §7. 
 for and pay the duties as aforesaid when required so to do, rcnaity for nogiect. 
 he shall forfeit the whole penalty of the bond, to be re- 
 covered by action of debt, for the use of the city or state, as 
 the case may be, and shall also forfeit his license, and be 
 rendered incapable of obtaining a new license for seven 
 years. And in case he shalLpresume to sell at auction after 
 the forfeiture of his license, he shall forfeit and pay for 
 every such offence the sum of live thousand dollars : one 
 half to the use of the informer, the other to the use of the 
 city. 
 
 If any purchaser at auction of real or personal property a. d.. iiss, iv, 672. 
 of any description — a memorandum of the purchase being Remedy against pur- 
 
 . . "^ chasers. 
 
 made b}^ the auctioneer at the time of the sale — shall fail 
 to comply with the terms of sale within seven days after 
 demand, he shall be liable to have the property resold at 
 his risk upon seven days notice, and to make good all 
 losses which the other party may sustain by reason of his 
 default. 
 
 Tlio power and authority of layins: a tax or duty on sales a.a..i«09.v.612: nss. 
 
 . . T /-, V^ 11 IV. 670; 1788, V, 81. 
 
 at auction is granted to the City Council of Charleston 
 
 .,. !•• i> ^ ■ 1 Aiirtlon duties granted 
 
 withm the coriiorate limits of the city, but no tax shall bej-' 'h^- city coundi of 
 
 \ , Charletton. 
 
 levied by the city on sales at auction of property formerly 
 exempt, that is to say, on the sale at auction of lands and 
 negroes, or the property of deceased persons or insolvent 
 debtors, or of charitable societies, or proi^erty sold under 
 the order of any Court of justice. 
 
 mmfmm4mif^m 0wm^timf^mi$f^i'ttB-mi ^ 
 
COSTS 
 
 A. D. i«rt, Mai flio. Costs afo nllowed to tlie plaintift* in all civil miits bnt 
 m. ponular actions, when iudcment is criven in his favor upon 
 
 Mttviuntm i.t;rr Iran issuG oi law or tact, unless tlicro be a snocial exception, 
 
 r or an exception arisinc: from the character in which he 
 
 uf.i sues. 
 
 A. D- j»»i. « Urn K. Costs are allowed to the defendant in all civil suits, if 
 the plamtiii be nonsuit, nonprossed, or cast in the action, 
 except where the suit is brought by an executor or admin- 
 istrator necessarily suing in his representative capacity, 
 where he could not maintain an action in his own right: 
 in which case an executor or administrator shall not be 
 liable for costs except when he suffers judgment of nonsuit 
 or jion pros, or pleads a false plea. 
 
 .\£!*.*^ **"'"'■ '•' The defendant in any action or suit, and the avowant or 
 
 L 4B. 1 4. .... 
 
 any plaintiff in replevin, with the leave of the Court, may 
 plead as many several matters as he may think necessary 
 for his defence. 
 
 It... |». If Bcvernl pleas be pleaded, and the matter of any such 
 
 plea shall on demurrer be judged insuflicient, costs shall be 
 given at the discretion of the Court; or if a verdict on any 
 issue be found for plaintifi* or demandant, costs shall be 
 given ill like manner, uidess the Judge who tried the case 
 do certify that the defendant, tenant, or plaintifl" in re- 
 plevin, had probable cause to plead those matters upon , 
 which the issue was found aurainst him.' » 
 
 o 
 
 » This section of tlic Sututc of 4lh Anno is on the fiice of it rather obecuro. The 
 moaning; ii, thnl when ilio (irfondniit pleads double, and some of the istiucs are found 
 for plaintiff 8n<l sonic for defendant, though the defendant gains the case, as he will „ 
 do if any one of hio plea.s that is an answer to the whole deelaration is found for ,^ 
 bim, yet he must pay costs on those issues in which ho fails, unless the Judge will 
 
565 
 
 In actions of tort against several defendants, if any one A.D.,i696.8and9w.3, 
 of them be acquitted by the verdict, every person so ac-"'^^" 
 quitted shall have his costs in like manner as if a verdict ^ chiuy-s statutes, 939. 
 had been given against the plaintiff, unless the Judge in 
 open Court, immediately after the trial, shall certify upon 
 the record, under his hand, that there was a reasonable 
 cause for making such person a defendant in such action." 
 
 ^N'o action arising from contract shall be brought in the a.a..i824, vi,239.§2; 
 
 n i. r /-( "i:>i 1 Al 4.4. • T^ ^ 1 1747. r. L., 213: 1 Brev.. 
 
 Court ot Common rleas where the matter m dispute does 194. 
 
 not exceed twenty dollars; and no costs shall be allowed NotinCoopor. 
 
 in any action sounding merely in damages in which the 
 
 verdict shall not exceed twelve yYu dollars. But in trover, a- a., 1799, vn. 297, 
 
 ejectment, detinue, or any action brought to try the right 
 
 of property, a verdict or judgment in favor of plaiutifl" for 
 
 four dollars shall carry costs. 
 
 In all cases within the summary process jurisdiction, in a. a., 1809. v, 590. 
 which the demand does not exceed fifty dollars, no more 
 than half costs shall be allowed. 
 
 certify that he bad probable cause for pleading tbat plea which is found against 
 him. There is uo example, however, of a Judge ever having excreiscd the power of 
 granting such a certificate. Diiherhj t. Pcf/e, 2 T. U., 391; Iliehmoud v. Johnton, 7 
 East., mi. So that, in fact, if the defendant pleads double be mu.«t sustain every 
 plea, or pay costs, more or less, or get the Judge's certiOcate in bis favor. The 
 intention of the law is to provide a check against the abuse of the liberty of plead- 
 ing double. When the plaintiff loses the case in such circumstances, no judgment is 
 entered up for his costs unless they exceed the costs on the other side, but they arc 
 taxed, and deducted from the defendant's costs. lb. 
 
 It is different where there arc two counts for distinct causes of action in one 
 declaration. If a verdict be found, in that case, for the plaintiff on one count, and 
 for the defendant on the other, two distinct judgments are entcrL'd, and iioth parties 
 recover costs. JDny v. JJankH ; 'i T. li., 654. 
 
 But if the cause of action be the same in all the counts, and the verdict bo found 
 for the plaintiff on one, and for the defcnilant on the others, the costs shall be taxed 
 on tho^e counts that are found for the plaintiff, and on those that are found for the 
 defendant neither party shall have costs. lin'dycs v. Rai/mund, 2 IJL, 799; Hubhjrd 
 \. liriyjH, ] 6 Ea»t., 1 30. 
 
 In our practice when the cause of action is the same, and the counts are various, 
 a verdict for the plaintiff carries the whole cost- o?" the declaration ; and if the jdain- 
 tiff is entitled to recover on any one count, tbcie is but one taxation of co.'t.«. 
 
 » This Statute of 8 and 9 W. 3, is not among the enumerated statutc.H referred 
 to in tho Act of 1712. But it was evidently adopted in the practice of the Cuurt«, 
 according to the provisions of the Acts of 1737, II, 190, and 1769, lb., 200, con- 
 forming the practice of the Provincial Courts, as far as practicable, to that of 
 Westminster Hall and the Courts of Niti /Vi'ii*. It was also incorporated into the 
 )"".! " "r Counlj' Courts, VII, 2,"'. 1 ; and, finally, the rule is retained in practice 
 
 I ; day. Sec ^frLurc t. Sutherlancl, 4 3fcC., 16S. 
 
IK For taking moro thnn hnlf coats in such cases, the of- 
 
 fen«KT. oil ' " ' fijiod fifty dollars: one half' 
 
 to the Stat. to tlio jmrty ij^rioved. 
 
 n>. . ! " lunl no action will lie for costs, 
 
 - uii. .- -jlit a hill l>o rendered, certified. 
 
 Ity the Clerk of the Coart 
 
 A. A. iTMvam Security for costH niny be demanded of the plaintiff re- 
 ^ '•«*k«isidintr out of tlic state at the terra to which the writ is 
 
 ft, . r „,( f' . 1 , 
 
 *" • 'nrnahle. or at the first term after notice received by 
 
 at |i.. L "^ 
 
 "•■•" V icleiidant «»f nlaintifi's removal, if he removes from the 
 
 state pendinp the suit; and if the suit be commenced by 
 foreign attachment, security may he demanded at the same 
 term at which defendant enters his appearance; and on 
 failure to give such security, the plaintiff shall. be dismissed. 
 
 A. A. 1791. V in. J 5 The attorney jtrosecuting a suit for a nonresident shall 
 be liable for the costs of the Clerk, Shcrifi', Register and 
 Master, unless security for costs, approved by the Clerk or 
 Master, be put in under a rule. 
 
 A. A. I7M, VII, «t At whatever stage any suit may cease, the Attorney, 
 ('lerk and Sheriff shall have their fees taxed; and iijion 
 dcman<l and nonpayment of the same, execution shall issue 
 against the party liable: and the Sheriff shall be entitled in 
 every such case to a commission of two and a half per cent, 
 to be paid by the defaulter, in addition to expenses of col- 
 lection, as in other cam^s. 
 
 I,, .^ri. jifl. A prisoner, discliarged without trial, or in consequence 
 
 of tlie rejectiou of u bill by the guand jury, or acquittal by 
 the jictit jury, shall not be liable for any costs on account 
 of his appn)!'-'"'"" ilit.iiti-.n or prosecution. 
 
 A. A.. 1821. VII, «»4. The Master JM I liaiicery, or Commissioner, shall not be 
 :ill..u.'(l any coiiiiiii-^ioii on k;i1<'^ not actually made. 
 
 lb. Tlie M;4>ler or Commi»>ioiier on a petition of guardian- 
 ship shall r "v M <""'■ of ten dollars, and no more. ^ 
 
 «- "> 
 
 lb. And the sai; hall be allowed to the Master on 
 
 every petition. 
 
567 
 
 The costs of a suit in equity by petition or bill, for the a. a, i824. vir, 328. 
 partition of an estate under the value of two thousand 
 dolhirs shall not be more than one-half the sums allowed 
 by the Fee bill. 
 
 If separate suits be brought on a joint and several note, a. a.. 1S27, vr, 33a 
 bond or other obligation, full costs shall be. allowed on one 
 of the cases, and only one-fourth of the regular costs on 
 the others. 
 
 m 
 
S A L A K I K S.' 
 drncrnl Tiiiles. 
 A A., inn. ri. i'-s: All salaries sliali be paid nnarterlv, except those of th€l 
 
 1M3.XI 340: IMO. XI.OT. . 
 
 of^cers of ea<-h l>nmrVi of tlio l.cirislatnro, ^^•1^K'1^ slmll be 
 |tai(l at the eml "fthc *<'^«i..i! l>y tli*- Trcnsiirfv of the ri)pei* 
 Division. 
 
 lb. The pay bill« of nieniluM-s. aiul those of Attoniey-(ieneral 
 
 and Solicitors for ntten«lanee on the Legislature, shall be 
 paid on presentment at the oHiee of titlior Treasury. 
 
 lb. The salaries of officers of the South Carolina College 
 
 shall he pai<l qnnrterly. in advance. 
 
 A. A,iwT. T.M6. The members of the (Jeneral Assembly shall receive 
 
 three dollars per day during their attendance on the Legis- 
 lature, and mileage at the rate of three dollars for every 
 thirty milt"< ''< -/i-iiir niul returning. 
 
 Particulars. 
 
 A A, 1817. VI. og. Governor's salary $3,500 
 
 A A..1S28. VI.8&8. For liis hotiBC iu (\)lumhia — according to the appro- 
 priation, 
 
 A. A.. iMo, XI, m. J I in private Secretary 500 
 
 " Messenger 250 
 
 A. A„i8M, XII. :*: Clerks «»f Senate and House, each 1,200 
 
 Two d<Mir-kec]ters, each 260 
 
 * B»lar ther authority is given, arc taken from the Appropriation 
 
 Act of 1 f 111*- Saluriog herein lucntioncd havo been changed from 
 
 time to liojo l'\ ibc Aj i r i ; ' tn. 
 
569 
 
 Keeper of State House and Librarian 700 ^'*- 
 
 Reading Clerk of Senate and House, each 250 
 
 Chief Justice , 3,500 a.a.,i859. 
 
 Two Associate Justices, each 3,000 
 
 Tliree Circuit Cliancellors, and five Law Judges, caeli ^,000 /^- \•^ ^.f.f ■ ^i- ^^■ 
 
 Attorn e3'-Gencral '. 1,100 a. a., isa?. vii. 678. 
 
 Five Solicitors, each 900 i''- 
 
 Clerks of the Court of Appeals in Cohnnbia and 
 
 Charleston, each 600 
 
 Messengers to same, each 250 
 
 State Reporter ■ 1,500 a. a.. is4r. xi.342 
 
 Coniptrollcr-Goncral 2,000 a. A.ivas. v 36i. 
 
 His Clerk 750 
 
 Treasurer of Lower Division 2,000 a. a., iszs. vi.358 
 
 " " Upper Division .' 1,000 ''•• 
 
 Assessor of St. riiilips and St. Michaels SOO a a.. 1825. vt. 282. 
 
 President of the College .", 3,000 
 
 "Seven Professors, each 2,500 
 
 Treasurer of the College 500 
 
 Lil)rarian 600 
 
 Secretary to Board of Trustees 200 
 
 Marshal 400 
 
 Physician to Charleston Jail 500 a. a., 1820, vi, 143. 
 
 JPhysician to Magazine Guard 500 
 
 Port Physician 800 
 
 The Judges of the Superior Courts shall receive no fees a. a., vk^. vn. 211 ; 
 
 . . ■ ,,• 111 I T , Coii.o(1790an(l 1800. Art. 
 
 or perquisites or omce, nor hold any other omce under the in- 
 state or Confederate States. 
 3 
 
Mito 
 
 ■aaolMtlani 
 
 TAHLK OF FKES. 
 Sfrrrtnri/ of State, hit Fees. 
 
 A A, iTti.T.m|2 For every search $ 
 
 -• F'or a commission for a place of ])r(>Ht 3 
 
 "'For entcriiiff hatisfaction on a niortifUi^e 
 
 I of r^ <~ «^ 
 
 For recording a mark or hraml 
 
 For recording or coi'viii^' any writing, for every copy 
 
 sheet conUiining ninety words 
 
 P\)r drawing a proclamation, and copy to the printer, 
 
 to be paid hy the state 1 
 
 For a militia commission, to be paid by the state... 
 For a pardon or reprieve, with the great seal, and 
 
 recording, to be paiil by the sUite 1 
 
 For attending the (\inrts of .Iiistice with records 
 
 For lin(ring the wax and appending the great seal to 
 
 laws, to be paid by the state, for each law 
 
 F'or a general cojnmission of the peace for any county 
 
 or district, to be j»aid by tbe state 2 
 
 For a separate commission of the peace, to be paid 
 
 by the stjite 
 
 For making out a grant of land, recording and fixing 
 
 the great seal 2 
 
 For a testiraouial witb tbe gr^at seal 1 
 
 For registering tbe «iif ifieate of a jierson becoming a 
 
 citizen 1 
 
 14 
 21 
 21 
 21 
 
 09 
 
 86 
 
 07 
 64 
 
 43 
 
 14 < 
 
 .54 
 
 14 
 
 07 
 
 07 
 
 Autarky Public. 
 
 A A. 1701 V, ij*. p\,r taking a deposition and swearing witness, per 
 
 CO] »y sheet 11 
 
 For every protest 2 14 
 
For a duplicate of depositions, protest and certificate, 
 per copy sheet 09 
 
 For each attendance on any person to prove any 
 matter or thing, and certifying the same 64 
 
 For every notarial certificate, with seal aflixed 54 
 
 Clergy of every settled Church of every denomination. 
 
 For registering every birth, marriage or burial 32 ^** 
 
 For every search of the liegister 05 
 
 For every certificate from the Register 32 
 
 For every citation read in church 1 07 
 
 Surveyor- General. 
 
 For every search 14 '*• 
 
 For copying a plat and certificate 1 07 
 
 For receiving and recording a plat, and sending the ^^ 
 same to the Secretary's office, to be passed into a 
 
 grant 2 14 
 
 For a certificate in all other cases 32 
 
 For a deputation and instructions to a Deputy Sur- 
 
 vej'or 1 07 
 
 Deputy Surveyor. 
 
 For surveying every acre of land (one cent) • 01 ^^ 
 
 For making out a fair plat, certifying, signing, and 
 
 returning the same 2 14 
 
 For running old lines for any person, or between 
 parties where any dispute arises, or by order of 
 Court, while they are on the survey, $S per day. 
 
 y^j Powder Receiver and Inspector. 
 
 For every hundred weight of gunpowder received ib 
 
 into the magazine, sixty-four cents per hundred 
 pounds, to be paid: one half on receiving the same 
 in the magazine, and the other half on delivering 
 the same. 
 
 Clerks of the Senate and House of Representatives. 
 
 For any copy or extract from the journal of either '•* 
 
 house, to any person requiring the same, except a 
 
572 
 
 , *.!*.•-,.->* ' ' ' ^lature, or thr* "^ 
 
 1 . 09f 
 
 For every Betroh 14' 
 
 f 
 
 ^ 
 
 „ y^ On papers returned, aiul no iiiilirtmcnt iri veil out, 
 
 and nolle prosrqui ciitcrt' I •> 36 
 
 Whort' ill) indlrtniont i« foiiinl ^ ^)J" 
 
 rpoii liiir«>f iiidirtnuM'' r, .nn.l ,im.1 tiial liofore petit ^ 
 
 jury, and vor«H«'t or IT) 00 
 
 A 4,u!ff,Ti.rfc. lMaintift"s or dcfoTidiuit - mpmik v. i"i lul.- «'ii Slierift' 
 
 or other ottioor ot till- ('« lint 3 00 
 
 iRsuinir writ of attaQhiiicMit for conteiui»t 3 00,. 
 
 I'laintifrH uttoni* y, for issuiiiir overv writ, and other 
 
 incidental rhar^i'H to lilinif (Irehiration 4 00 
 
 For tiiinsr deeUratioii, pohtin/; rule, and all incideutal 
 
 cliartres hefore enti'i*Hiir 'ilMndicnient 4 00 _ 
 
 For enterini; up jtid^fnicnt, i.s^'uin^ execution, and p 
 
 all incidental ehaiycH whatever, inclusive 3 00 
 
 Where special hail is ret|uired 1 00 
 
 For every suhpo'iia writ iiud tickt-t 1 00 
 
 For every renewal of exiriition 1 00 
 
 • For every d«i II ndrr in demurrer 3 00 
 
 For every nioh > .» niu trial, in arrest of judff- 
 
 nicnt, or speciui uuitter and argument on trial in 
 
 circuit, or in the Court of Appeals'* '> 00 
 
 * |iuyiiii.>i>(* iitii'ii' tu c'oiuinii-.xiiiiiL'iei for taking 
 
 \. .\«//y. I /lill, MS ; Maillaiid v. JnnnraHce 
 (■,. 
 
 i. 'C "pioiwu of 111* Ap|>ouI Ciiui'l, nor fur printing briofH. 
 
 Moure T Jftmti»>, 1 
 
 * An iiti'Tii.-v if !" tlir f.i- f.,r "fipcciiil iuiitt<.>r and ar^iimcut" in u 
 
 ■iiw— t: ' . 1 37. 
 
 |l«r-«l> ' l.iiiiHrr, 1 Huil., 1S7. 
 
 A f«« (or " N ' ■' ■*>'' )>rK»iiiciii" allowed, if tbu issuu i8 ru);ulurly made 
 
 U]i, mid lh« '• I 1. allt)'>ii){li iiftLTwnrd discuutinticd. linmta;/ \. Marth, 
 
 Harf.<-r. 4TS. 
 
 AIkx-uu liio csccuiiuii o' B writ of in. miry, if au urguiuout waii rundcred ncccssarj 
 ill I'jn ruiiod by the defendant. Morrii v. 
 
573 
 
 For every rule to show cause ; 2 00 
 
 For every commission to examine witnesses, or filing 
 cross interrogatories' 8 00 
 
 For every appeal from a Magistrate 2 00 
 
 For commencing, defending and prosecuting every 
 case in summary process, where the amount sued 
 for does not exceed fifty dollars 2 00 
 
 In all cases exceeding fifty dolhirs 4 00 
 
 The two last exclusive of sul)poona writs and com- 
 missions, and inclusive of all other charges. 
 
 For all proceedings in dower, from beginning to 
 end" 20 00 
 
 For cases of attachment, in addition to common 
 costs 10 00 
 
 For every bill of exceptions tendered to a Judge to 
 sign 5 00 
 
 To the jury in each case tried 1 00 
 
 To eacli material witness attending the Court, resid- 
 ing in the cities, towns or villages where the Courts 
 are held, per day" .: 50 
 
 To each witness from the country, including horse 
 hire, per day 1 00 
 
 All witnesses to be allowed their ferriage and toll. 
 
 m. 
 
 Defendant's Attorney. 
 
 For appearance, and all services before filing plea, a. a.iszt, vi, sij. 
 
 inclusive 4 00 
 
 *An attorney issuing a commission to examine several witnesses, is entitled to 
 only eight dollars for tlic commission, without reference to the number of setf of 
 direct interrofjntories attached to it ; and the opposite attorney in such ease is eft- 
 titled to inly eight dollure for filing all the different sets of cross interrogatories 
 under the same commission. Virkfrt v. La Hnicr,2 /fill, 'AGO. * 
 
 ''Demandant's costs are taxed against the defendatit. Vriii<-rv. lirrJ.iml, 1 Ilnil., 
 140. 
 
 •A witness, in addition to his costs /or actual attendance, is entitled to one dollar 
 for every thirty miles lie travels in going to and returning from Court, and thai 
 whether lie resides within the district or out of it. Spriyut-r v Conner. 9 Hirh., 1?0. 
 
 Costs cannot he- taxed for the attendance of a witness without proof that he wa* 
 
 lipocnaed, and makes the charge. The affidavit of the witness is the highest en- 
 i>ncc, hoth of hi? attendance and his intention to charge for it, and can never l>o 
 dispensed with if he is living. CInrkr v. Liimirr. 1 nnil, 190. 
 
 Nor can costs he taxed for the attendance of » witness who was not sworn, with- 
 out Ml affidavit that be was witness to a fact that waji material, or was summotic^ in 
 
 good faith. Fnrr v. F'irr, 2 Hill. 554. 
 
 A Surveyor attending Cmirt nnder a rule of snrvcy, rf entitled to the same costJ 
 M for attendance under a »al>po>na. 1 Hill, 399. 
 
 5 
 
« 
 
 r)74 
 
 Kor fi*' ' ' ~r ' :. joinder in demurrer, and 
 all — 4 00 
 
 For entering up judj^meut, 'i»Hu\nfr fieri facias , and all 
 in* ' ' MohiKive 3 00 
 
 Comii . ...iiiiiK' wifiH'ssort. or tilinsr cross 
 interropitorie« 8 00 
 
 Motion for now trial, in arrest ot iudirnient, or sj)ecial 
 matter in arirnnunt on the trial on circuit, or in 
 the Court of Appeals 5 00 
 
 Sul>}>aMia writ, or renewal of execution 1 00 
 
 Copies of uli exhihits, ]>er copy sheet 12i 
 
 Mastm and. Chmmhsioners in Efjuit^. 
 
 A A, iMT ri.jsa. For every snmmonR 37^ 
 
 For taking afhdavit in writini^ 25 
 
 S\vearin/j all the witnesses on reference before him, 
 
 or on trial in Court' 1 00 
 
 Takinjjf a recognizance 50 
 
 Taking oatli «)f ilie (U'fendant ta answer 50 
 
 Each day engaged in holding reference 1 00 
 
 A A,iMt,xii.7«a Makin|f up and returning report 3 00 
 
 Commissions on all sales by order of Court, where 
 
 - the total amount of the sale of all the property 
 
 ■ shall not exceed five hun<lred dollars, two per 
 
 cent. ; and in all cases where it shall exceed that 
 
 sum, one per cent.; and this to include all other 
 
 cliargcs, sut'h >is receiving and ])aying over money, 
 
 or transferring bo«ids. 
 
 Commissions on all moneys received other than on 
 
 sales made by Commissioner, one i>er cent. 
 
 Deed of conveyance 3 00 
 
 *LA..i82i.Tn.824,»7.Deed to carry, into ettbct contract made by parties ... 5 00 
 
 "^ Iteqistrr in Equity. 
 
 A.A, 1827. VI. 384 Wgning and sealing any writ 25 
 
 Affidavit of service of writ or other process 25 
 
 m '- 
 
 *Thii eharfc enbracct all tb« witneatei sworn in tho cause, whether on the trial 
 
 or at tlie/»fiTcnccii. (iMii/mtrJ r. Hnrlryj, 11 Hirh. Eq. li., 1. 
 
 • The real of thb eue Ij luperceded by A. A., 185V. Ante, 440. -— ■ ■ - 
 
 1« 1 1 M 
 
w575 
 
 Examination of witnesses, and taking down testi- 
 mony, exemplification of proceedings, or other 
 office copy, per copy sheet • 09 
 
 For every search (but not more than one dollar for 
 
 all searches in au}'^ case) 12^ 
 
 Examining decree, affixing seal, etc 1 00 
 
 For every order published in a gazette, in addition 
 to printer's bill 50 
 
 Every commission to take answer or examine wit- 
 nesses, or for other purposes 50 
 
 For examining and filing each return of a guardian 
 or .trustee 1 00 
 
 For letters of guardianship and taking bond 5 00 
 
 For every rule against a defaulting guardian or 
 trustee , 3 0^ 
 
 Complainant's Solicitors. 
 
 Drawing and filing a bill and necessary exhibits 20 00 ^^^ 
 
 Every commission to examine witnesses, or for otlier 
 
 purposes, or filing cross interrogatories * 8 00 
 
 Special matter and argument on the circuit, or Jn 
 
 Court of Appeals, on trial of the cause 5 00 
 
 Briefs for Circuit Judge 5 00 
 
 Briefs for Court of Appeals 10 00 
 
 Exceptions to Commissioner's report 5 00 
 
 Each day attending .before Commissioner on refer- 
 ence : 5 00 
 
 On every petition, in full for all incidental charges.. .10 00 
 
 Defendant's Solicitors. 
 
 Drawing and filing answer and e'xhibits....^ 20 00 ib,-»36. 
 
 Evcr}^ commission to examine witnesses, or for other 
 
 purpose, or filing cross interrogatories 8 00 
 
 Special matter in argument on the trial on circuit, 
 
 or in the Court of Appeals 5*00 
 
 Briefs for Circuit Judge ^ 5 00 
 
 Briefs for Court of Appeals 10 00 
 
 Each days attendance on reference before Commis- 
 sioner 5 00 
 
 / 
 
A. A, II 
 
 25 J 
 
 12i 
 [>0 
 
 Emat^th^mMi^mtaQiadoDm^ Tc\>ovr o 00 
 
 Clcjrks of thf Court .. i '■■„ ,. /V. . ...«/ General Scsslojis. 
 
 **•*-•*• For si^iiiitir writ, jiml all iiiciUciiUil acnices before 
 
 Uedarati' 50 
 
 For taking' .uiu«i ui hpcciul btiil 1 50 
 
 F»)r filing <i " 37^ 
 
 For (lra\viii_ , > plcud 25 
 
 For ji^uiitiiig order lor ju«i^iaeiit 12^ 
 
 For tiliii|X each j»lea. tlfiunrrcr, or rt'itlioation 
 
 For rule to |>K :u]. ituludinir «'oji^- lor gazette in ut- 
 
 tachllKMM v^sw.w 
 
 For Hi^Miiu;^ aii'i ''ini'iia writ 
 
 For docki'tiii^ a <hargi' only at eacli term 
 
 For attending liie trial of a cause and swearing wit- 
 
 nesees 
 
 For entering verdict, or other order lor linal judg- 
 ment, on minutes of Court 25 
 
 For makin_ uent on reference 25 
 
 For filing di.-« ■.,.,,; in each causae 25 
 
 For special order lor hail 50 
 
 For filing and reconling every rule or order lor arbi- 
 tration 25 
 
 For filing an«l recording alHdavit for continuance 
 
 when ordered by Judge 25 
 
 For signing, cii' lud enrolling judgment 75 
 
 For niguing ami ^ tiisl execution 50 
 
 For signing and sealing each renewal of execution.. 25 
 
 For entering oatisfactitui on judgment , 25 
 
 For.taking security for ct>st^, cnti;ring order therefor 
 
 if made 
 
 For recording proceedings in each case, as required 
 j^ by I«" 1 
 
 50 
 
 50 
 
 •See ¥*■<• ''III •■' ".■.<-, ii. ii' >!.■>' i,;iii m ihoso diiys wiin tiikcii lpy the 
 Ja4|r*t'liU f«« WM flvo •hilllBK*: (t)« Clerk 'k, fi>r Alin^, one Bbillinf;, besiduH fuei for 
 
 ■I 17fly, VII, 20J, tUc power of taking spa- A 
 
 iicr« »'f HinTiul Biiil. Their fecu were not 
 
 ill'.wii tho Clerk for dniwinj; a V>iiil piece, attcnd- 
 
 for every roc<>{;nir.unco, two ihillinf^H; for filing, 
 
 liiUi i ' ini'l for every certificate, sixpence. Before 
 
 ihi' II ill." charnctcr iif C<>n)nii:ii<ioncr of Special 
 
 Hnil oDly, Mini the Jij.l-i • > i.tii.uril to receive fees. The charge is omitted alto- 
 
 gcUicr in tUo Act wf It^y. 
 
677 
 
 For administering oatli, other tlian on trial of cause, 
 proof of service on Slicriti"s return, oath to ju- 
 rors, or by order of Court 12| 
 
 For taking and filing bonds, in attachment, tixiver 
 or other case 1 00 
 
 For signing and sealing commission to examine wit- 
 nesses 75 
 
 Exem[)lification of proceedings, or other office cojn', 
 per copy sheet of ninety words 00 
 
 Recording plat of lands under order of Court, or 
 copying same 50 
 
 Rule of survey 50 
 
 Each official certificate under seal of Court, not 
 
 herein specified 50 • 
 
 Issuing writ of attachment for contempt, or other 
 special writ 1 00 
 
 Signing and sealing writ of habere facias possessionrui 50 
 
 Receiving and paying over money officially under 
 
 three hundred dollars, two per cent. ' 
 
 Receiving and paying over money officially, two per 
 cent, on the first three hundred, and one per cent, 
 on the excess. • 
 
 Filing suggestion to foreclose mortgage, or for other 
 purpose leading to an issue 50 
 
 In every summary process cause, where same is set- 
 tled before decree 75 ' 
 
 [n every summar}' process cause after decree, all 
 other services inclusive, except subpoena writs, 
 commissions, and orders for bail ; 1 50 
 
 But in all summary process causes where the de- . a. a. i84o,xi.io«,{t 
 
 mand sued for is under fifty dollars, the Clerk's 
 fees arc only one half of the above. 
 
 On every ai>[)eal from a magistrate, all services in- 
 clusive 1 00 
 
 On bill nol. pros.^ before given out 1 00 
 
 On bill thrown out by grand jury, (jr found, and nol. 
 pros., abated, discontinued, or stru.ck off 2 00 
 
 On bill found and verdijjt by petit jury 3 00 
 
 All orders for bastardy, and taking recognizance 1 00 
 
 Issuing bench warrant, writ of habeas corpus, aeirc 
 facias, and each execution in sessions 1 50 
 
 f 
 
r>7s 
 
 For i " ' ■ -nnccs. or other 
 
 801^ -trate rx-officio, 
 
 Rame fecf« n« nllowed tlint ofti«'or. 
 F<»r -. ■ vory tlivoi' years.... 3 00 
 
 For t .' ludiinr all services 
 
 iiiculent to Mimmonine .iunp« 2 00 
 
 For i>re]. nifioates for irnmd^ind ^^ 
 
 |>etit ju. :. -. I'lirollinir and furnish- ^B^ 
 
 \ng return to ConiptrolIer-rJeneral for each week 
 
 of the term of every Court 5 00 
 
 For filing petition and niiriivns; writ <ir lanatiro inqui- 
 
 rn»<fo... 1 00 
 
 For fumi(«hinij ndvertif«enieut.'* in cases of escheat, 
 
 eX' ' ; 'f ]iri»)ter's hill 1 00 
 
 Fori _' whole ]>r(K'iH'dines therein 2 00 
 
 For filinif inventory and order of dischar^re of debt- 
 ors 50 
 
 For grantini; nilc« ajfairist creditors 50 
 
 For hearintr and tryini? applications under i)ri8on 
 
 hounds act 2 00 
 
 If a jurA' is required, isHuine sununons and chargin*:^ 
 
 same, in addition 2 00 
 
 For confession of judijnjcnt hefore Clerk, if for more 
 
 than fifty dollars 2 00 
 
 If for less than tit>y dollars 1 00 
 
 For iiiKuing execution in such case, and each re- 
 newal thereof 1 00 
 
 For a<lvcitiKinir and givins^ notice to nianaiifera of 
 elections in case of approachinsr or actual vacancy 
 
 in the . ••• ?' ricrk. Sheriff, or Orditiary 10 00 
 
 For licci n :itt. »nuv. all incidental services 
 
 inchnled . 5 00 
 
 For filin ' tcriui; notice of alien's intention to 
 
 beconu rii 1 00 
 
 For filing an<l rceonlini? report of alien 1 00 
 
 For administcrinL'' oath of intention 1 00 
 
 For filinir and cnti'rinjr apjilication to become a citi- 
 zen, and adtnitiisfcrjtiir oath 2 00 
 
 For jfivinu: c. <»f citizenship 1 00 
 
 For tukititr i< 1 in liiiion of dower or inheritance 2 00 
 
 For oi&ciul roci.nl of estray and iWhig papers 1 00 
 
 i ! 
 
579 
 
 For filing papers and appointino; guardian of free 
 
 persons of color and certificate 2 00. 
 
 For every search for a paper found (not to be charged 
 to the parties or attorneys when for papers in a 
 
 case pending) 12| 
 
 For every search necessary for a certificate that a 
 
 paper is not to be found in oflice .. ."...." 25 
 
 For swearing a magistrate or constable in office, and 
 
 certificate thereof 1 00 
 
 For granting license to pedlar, including all services 5 00 
 
 For every probate in writing- 25 
 
 For sign i ng a dcdimus potestatem 1 00 
 
 For official certificate to exemplification of record... 1 00 
 For official certificate in other cases requiring the 
 
 seal 50 
 
 For otficial certificates without the seal 25 
 
 Mcgister of Mesne Conveyances. 
 
 For recording and copying deeds or other papers, a. a., isaa. xi, lo 
 
 per cop\' sheet of ninety Avords 09 
 
 For entering satisfaction on mortgage 25 
 
 For recording or copying plats, of not more than six 
 
 corners 1 00 
 
 And for every corner over six 6 J 
 
 For every probate in writing 25 
 
 For every search 12^ 
 
 For every certificate 25 
 
 Ordinary. 
 
 For a citation 50 i»> 
 
 For qualifying executor, administrator or guardian, 
 
 issuing letters to either, and recording such letters. 2 50 
 For taking bond from administrator or guardian and 
 
 recording same 1 00 
 
 For issuing warrant of appraisement and oath 50 
 
 For proving a will in common form, {^nd filing and 
 
 certifying the same.,.. 1 00 
 
 For proving a will in solemn form, and filing and 
 
 certifying the samd" 5 00 
 
 ^ 
 
 /. 
 
For recording .wilU piu -:. ^.id ct-rtiticate, per copy 
 
 sheet of ninety words 09 
 
 Forfi' iiiiK-iatioii of executor 66 
 
 For il , ,. ..., prove will, or cjualifv us 
 
 executor « 1 00 
 
 For rccordinj; c^ifh iuvi-nttiry aiul apprniKcnK'nt, or 
 
 account of HuU'H. ca-li tisTurc fouiitiui,' for tt word, 
 
 per ct)py hljcct oj iiiini\ uokU 09 
 
 For receiving, exumininir n«id tilinj? the uunual or 
 
 finnl . ' ' :i.h aduiiiiirttrutor, executor or 
 
 gu:ii '-ar 3 00 
 
 For each 8iK'cee<ling year 1 00 
 
 For rt'conliiig xuid accountA, per copy (sheet of ninety 
 
 words 09 
 
 For hearinf^ and filiiiif petition for sale of personal 
 
 estate and or^Jir 1 00 
 
 Fo5 hcurintr and filiiitr p»Milion lor guardianship and 
 
 Hppoiiit!ii(."iii ul LTnardian 1 00 
 
 For entering u c</i</i/,'or witlidrawing the same 50 , 
 
 For hcarinir evcrv litii'atod case 3 00 
 
 For HwcariiiiT ami cxaniinini; each witness 12J 
 
 For certifying copy of any paper on tile in liis-oiiicu. 60 
 ^'or copying BUch paper, per copy bUeet of ninety 
 
 WGrd>' 09 
 
 For every rule ittHued against defuultin<; wiincsH, or 
 
 jiarty failing lo a<iount t 2 00 
 
 For cvL'ry :i!l;w Imient issued on the return of such 
 
 rule...! r. 1 00 
 
 For furni^hllig and certifying cojty of proceedings 
 
 in ca«e «»f appeal •. ..' V — 3 00 
 
 For every order of revocation of letters, »r substitu- 
 tion of other security .' 1 00 
 
 For every -•••': 12J 
 
 l"'ur cvci \ lie not l:uj-ein before speciiicd 25 
 
 For Horvice.ii in pr<»cre«Hiig8 for sale or division of jjr 
 
 real ' 12 00 
 
 For l;iK <»f guardianship of minors 
 
 on HQcU sale or division of real estate , 3 00 
 
 On all in« '<'d on sale of real estate, and 
 
 paid o\ei 1^ Il.LU* ' '"^.IfftC ^fftntr 
 
581 
 
 ^«/^' Coroner. 
 
 For every inq^uisition 8 50 
 
 For mileage (if over five miles from the Coroner's * 
 
 repideiice), the same as is allowed to thg Sheriff, 
 
 going and retnrning. 
 
 For each warrant issued 50 
 
 For each commitment 50 
 
 For each recognizance 75 
 
 For each body disinterred.... • 3 00 
 
 For recording proceedings in each inquisition in his 
 
 book, per cop}' sheet of ninetj^ words 12 
 
 ^'f|( i4HM|<Mc««l.MM4|U<MI' 
 
 ^r Sherifs. <i«.^*««»*r3f>. 
 
 For entering every writ, process, executioivor other 
 paper, in writ or execution book, and making the 
 endorsemeiits thereon 25 
 
 For serving every writ, not otherwise herein speci- 
 , fied, or summons in dower or partition, besides 
 mileage •. 1 00 
 
 For serving every summary ]iroeess, when the debt 
 or demand is over iifty dollars, rule, notice, or 
 order of Court, besides mileage 1 00 
 
 In all cases of summary process, where the debt or 
 demand is 'under fifty dollars, only one half the 
 costs allowed by the act shafll be charged. 
 
 Mileage from court-liouse to defendant's or witness' 
 residence, or place where found, going but not 
 retnrning, per mile 05 
 
 For l)ail bond, or other bondj or mortgage taken 
 
 • ofiicialiy ' 1 00 
 
 'For commitment and release of each prisoner 50 
 
 For serving eaqh venire for graixl jury : 10 00 
 
 For petit juries .'. 20 00 
 
 For serving subpcena writ (and mileage on each 
 ticket) 50 
 
 For serving bench or other warrant*, scire foeidn 
 from Cou rf of .Sessions, or writ of attachment for 
 contempt, besides mileage 1 50 
 
 For search for jiersons or goods not ibund, and re- 
 
 A.A..1S39, XI,54, J 40. 
 
 A. A., 1840, XI, 104. J 2. 
 

 jJM 
 
 turn on the execution of non C3( inventus, or mdla 
 
 Imna 50 ^^ 
 
 For dieting wljitc juiKons. per day 30 
 
 For dictinp plaven or Iroo nojrroes. j»cr day 18 
 
 For exocntintr convict, incliidinfj all charges for 
 burying and other expenses 20 00 
 
 For putting convict in pillorv or stocks, or whipping 
 
 him ' 2 00^ 
 
 For bringing up prisoner under habeas corpus^ to be 
 paid by the ' '• . if not, by the state, 
 besides niiK';^- y expenses 1 00 
 
 For conveying prisoner from one place to another, 
 for every mile going and returning, besides all 
 necessary expenses 06 
 
 On each case returned in schedule, according to the 
 Act of 1827 26 
 
 For levying attachment or execution, besides mile- 
 age 1 00 
 
 Commissiona on all moneys collected by him, if 
 under three hundred dollars, two per cent.; if 
 over that sum, two per cent, for the lirst three 
 hundred dollars, and one per cent, for the balance. 
 
 On execution lodired to bind, with order not to levy.. 50 
 
 For serving txctiitiKM ai;;iiiist the bod}' of the de- 
 fendant, besides mileage 1 50 
 
 For advertising deivMnhiiit s property, in addition to 
 printer's bill, <»ne advertisement only in each case.. 1 00 
 
 For drawing and executing u deed of conveyance, 
 or taking tnortgiige 3 00 
 
 For <lrawing and executing each hill of sale, when 
 
 required by purchaser 2 00 
 
 No sherifJ' shull charge more than one bill of sale 
 for projterty bought at the same sale by the same 
 party. 
 
 For executing a writ of habere facias possessionem, 
 besides mihuire 1 00 
 
 For translerring money bonds, or other securities 
 for money t<» party, one half of one per cent. 
 
 F'or sr id under decne of Ordinary, in lieu 
 of I' uis and all other charges, except for 
 adv.. _ 2 00 
 
583 
 
 For each notice served on a set of managers of elec- 
 tions, besides mileage 1 00 
 
 Commissions on all sums paid out of the office on 
 ji. fas. lodged, one-fourth of one per cent. 
 
 For summoning freeholders to try suggestion of a. a.. 1833, vi, 492,2 3. 
 
 fraud under prison bounds act 5 00 
 
 Under executions for militia Jines : 
 
 For every fine paid before levy 50 A.A.,i84i,xi,m,?98. 
 
 For every fine paid after levy and before sale 1 00 
 
 For every fine collected by sale of property, includ- 
 ing fee for advertising 2 50 
 
 For arresting and committing delinquent to jail 2 00 
 
 On all fines collected, twenty per cent. 
 
 JusHccs of the Peace. 
 
 ^es of Justices outside of the Parishes of St. Philip and St. 
 
 Michael. 
 
 For oath and warrant in any criminal case 43 
 
 For each recognizance and return 43 a. a..ir4o, xi.ios. ja. 
 
 For each commitment 21 
 
 For administering and certifying oath in writing, 
 
 other than above 32 
 
 For issuing writ of habeas corpus, to the two magis- 
 trates jointly 1 50 
 
 For issuing summons and copy for defendant in civil 
 
 cases 37^ 
 
 For issuing summons for witnesses in any civil case 21 
 
 For taking examinatiou of witnesses in writing in 
 
 any case as prescribed by law 50 
 
 For giving judgment on hearing litigated case 25 
 
 For giving judgment in case not defended 18 
 
 For issuing execution or renewal 25 
 
 For rep(;rt of case and taking bond to appeal 62^ 
 
 For issuing attachment returnable to Court, or to 
 
 Magistrate, including all notices 1 00 
 
 For filing return t)f garnishee and order thereon 12J 
 
 For [)roceeding3 on behalf of landlord or lessor, 
 against tenant or lessee (to tlie two magistrates 
 
 jointly) 10 i)Q^ 
 
port thereoi 2 00 
 
 For jiroc. .11 rcriirviiig iiuloiiturc of ajipren- 
 
 tice or :; nt 1 00 
 
 For i»roceediiiL''>* on trial of nlftvcP and free negroes, 
 
 in capital oxsch. ini-lu<ling ail cliargc^ 2 00 
 
 And in cohch not capital 1 00 
 
 For procc'L'dinjev "n Connu'r »♦ in^piost, as preccribod 
 
 Uy law 8 50 
 
 For ] ; '■ !i < -iniv <•! horse or mule 50 
 
 For pi II all other t'(*trays, each 12J 
 
 For taking and oertifving rcnniK'iation of dower or 
 
 i II lit-ri lance 2 OO 
 
 For granting orilor lor !-|iffiid hail 50 
 
 For lu-aring and determining application under 
 ])ris(»n IkuhmIh act, the same fees as arc aUowed 
 the Clerk. 
 
 For issuing a jiatrol warrant or distress warrant 43 
 
 Proriff^ul, »T\iiit no Magistratt- shall demand or re- 
 ceive any fee wlkatevcr for his ^services in any ]>ro- 
 cee<ling in causes small and mean, where the 
 amount f«»r which the summons shall he issued 
 shall be one dtdlar and fifty cents, or under. 
 
 A. A,i8MtXi,36i,{3. For rulc against const aide 37^ 
 
 F.or hearing reiurn thereto 25 
 
 /•'( f JuaUciS tu the J^iii^/ua of S(. J^hilip and ISl. MichaelA, 
 A.A 1140. xi,io«,j«!To tninisterial Matristrate for attciuliii''' and con- 
 
 IH32. V1.467.{1. 1 . • 1 .• i 1 ' . , 
 
 ducting trnil of sli'.ve or otiier person of color 25 
 
 A.A.. 183a. vi.48fl, ji. In case of complaint hetween master and apprentice, 
 or of lioldini; over after <letermination of lease, or 
 of ftMvihIe entry ami detainer, to the judicial 
 
 Magistrate nn<l his colleagttea)«^||||^i 5 00 
 
 To the ministerial Magistrate ..!.-.. 5 00 
 
 ii..**:. I*. For disiix'Hs warrant for rent under the sum of twentv 
 
 dollars ^ 50 
 
 II,, For <list ress w:n rant for rent above the sum of twenty 
 
 dollars. 1 00 
 
 For atHdavjt 31| 
 
 ^'oreanviiiL" up caaes for adjudication before judicial 
 i,M:i (iumiiionh and witnesses included 1 0§ 
 
685 
 
 Commissions for selling, and rendering account sales, i«> 
 
 5 per cent, when rent is under twenty dollars, 2^ 
 per cent, when rent is above twenty dollars. 
 
 For oath and warrant in any criminal case 60 a. a , i839, xi, 23, 1 33 
 
 For each recognizance 50 
 
 For each commitment 50 
 
 For administering and certifying oath in writing, 
 
 other than above 37| 
 
 For issuing writ of Habeas Corpus, to the two Justices . 
 
 jointly 1 50 
 
 For issuing summons for defendant in any civil case 50 
 For issuing summons for witnesses in any civil case 25 
 For taking examination of witnesses in writing, in 
 
 any case as provided 50 
 
 For giving judgment on hearing litigated case 50 
 
 For giving judgment in case not defended 25 
 
 For issuing execution or renewal 25 
 
 For report of case, and taking bond to appeal 1 00 
 
 For issuing attachment returnable to Justice, includ- 
 ing all notices 1 00 
 
 For tiling return of garnishee and order thereon 25 
 
 For issuing attachment, returnable to Court 2 00 
 
 For proceedings on behalf of landlord or lessor, 
 
 against tenant or lessee ^ 10 00 
 
 For proceedings against vagrant and returning re- 
 port thereof 2 00 
 
 For proceedings on certifying indenture of appren- 
 tice, or assignment 1 00 
 
 For proceedings on trial of slaves and free negroes 
 in capital cases 4 00 
 
 For proccedingijj on trial of slaves and free negroes ' 
 
 in cases not capital r 2 00 
 
 For proceedings on Coroner's inqucst,,as provided... 8 50 
 
 For proceedings on estray of horse or mule 1 00 
 
 For proceedings on all other estray s, each 50 
 
 For taking and certifying renunciation of dower or 
 
 inheritance 2 00 
 
 For granting order for special bail, 1 00 
 
 For hearing and determining application under 
 
 })risoii bounds act 2 00 
 
 For rule against constable 37^ A.k..i94e,xi,»nz 
 
 Forbearing return thereto 25 
 
 4 
 
586 
 
 ^^-'** - Constahlfs. 'Truhrfmi** < 
 
 A.4.i«Mi^»«^»*-For sumnioninp freeholders to try question before 
 Ma^i.>^lrulc« between landlord and tenant, to be 
 paid by the unguccc»fful party 10 00 
 
 For siunn)oning a Coroner's jtiry and witnesfses, to ^ 
 
 bf i>aid by tb«^ state 2 14^ 
 
 For hrrviii^ a summons, rule or notice by a Magis- 
 trate in a civil pa«e (no mileage allowed) 50 
 
 For servinif attjicbmont on a person absconding, or 
 about to abscnn<l, and piaking inventory and 
 return. ) ■ '• ) r'ommissions at five per cent, on 
 sale of . i'Ut no mileage) 1 00 
 
 For hanging a slave or free negro, according to sen- 
 tence, to be paid by the state ; / 5 00 
 
 For wliipping a slave, or inflicting other corporal 
 punishment according to sentence, to be paid by 
 the state 75 
 
 For selling an estray, five per cent, on the proceeds. 
 
 For levyirjg execution, advertising sale, and paying 
 over proceeds, beuidcs comiuibsions at five per cent, 
 on amount to be collected (but no mileage), to be 
 paid by the defendant in execution 21 
 
 For every <lay employed in searching for stolen goods, 
 to be j»aid by jtarty complaining 1 00 
 
 For serving a warrant in any state case (but no 
 mileage), to be paid by the state, if the proceedings 
 
 . be stopped at the instance of the state, or if the 
 grmid jhry fin<l no bill, or if the defendant be 
 acipntt.cd, or if it a])pear that though convicted the 
 defendant wa« discharged from inability to pay 
 
 coBtn, othenvise to be paid by the defendant 1 00 
 
 • For commisHions, fivr pi-r cent, on all sums levied. 
 
 For summoning a wittu'Srt in civil cases 21 
 
 For summoning a jury and witnesses, in proceedings 
 before Magistrati-, on trial of slaves or free negroes, 
 
 for each juror or witness 21 
 
 A. A_ \Kv. VI. 67« For attendinij on the Courts of (tcneral Sessions and 
 
 Common ileas. and Kf|uity, jtor day 1 50 
 
 A. A. IH4A. VI, !iei.''Js. Por siTviiig nilc atrainst Constable, issued by Justice 60 
 
 A *.iR'A,ix.&«4.{».To the Socrctury of the Board of Commissioners of 
 
 Roads, for every license to retail spirituous liquors 2 00 
 
587 
 Ko fee allowed by law shall be payable without a bill, A.A..i8oi.v.4ii;n89. 
 
 •^ ^ X »/ J VH, 256; 1828, VI, 368. 
 
 if demanded, containing the particulars of the demand, 
 signed by the party claiming to have the same paid ; in 
 which bill shall be expressed in words at length every 
 service for which money is demanded. And the officer 
 receiving the fees shall give a receipt for the same. And 
 a list of fees shall be hung up in some conspicuous place 
 in every public office where. fees are allowed. 
 
 To every execution in which costs are included, a bill of a. a., 1827, vi. 33«. 
 those costs, specifying the charges on every item, shall be 
 annexed. And the Clerk, Master, or Commissioner, that 
 signs the execution, shall also tax the costs of the Sheriff 
 for doing execution, if required. 
 
 No Clerk, Sheriff, or Jailer shall be entitled to receive any a. a, 1827, n... 353. 
 fees from the state in any criminal case where the defend- 
 ant is convicted, unless they make oath that such defendant 
 has been discharged from inability to pay. 
 
 "No Sheriff or Jailer shall be entitled to fees from the ib. 
 state for dieting prisoners, unless the}' forward with their 
 accounts the warrants of commitment and orders of re- 
 lease, or copies of them. 
 
N 
 
 rnU'TKK \'I. 
 
 P It O t' K f» I R K 
 
 r.ILLS OF KXCKI'TION. 
 
 A. D 12R5. 13 Kd. 1; r WliGii oiic that Ih implcadiHl before aaiy of the Justices 
 Bee Tidd. Practice. 911, dotli iillegc an cxcci't loll, piovini; that the Juatices will 
 allow it; if he that dotli alioLje the exceptiou do write the 
 same, and require the Justiees to put their seals for a wit- 
 ness, the_j- hhall do so; and if one will not, another of the 
 obiig»tionoftheJu<ipcgQ,„,,.,„y nl,j,Il. And if the exception be not found in the 
 
 t« Mai • bill I if Excc|>- t J , i 
 
 ■ roll, when the record canics before the appellate tribunal^ and the 
 
 party complaining ehow the exception written, with the 
 
 seal of u.Iutitiee put to it, the Justice shall be commanded 
 
 tliat he appear at a certain day, either to confess or deny 
 
 hi8>eal : and if the Jiistice cannot deny his seal, they shall 
 
 proceed to jnd'jiMent, ^> "How or disallow the said exception. 
 
 k • ' , , , 
 
 ■ • • ThU law wnn inudo «'f fon-e bjr the Act of \TZA, vesting in the Court of Cora- 
 
 m«u \'\ctk» »ii<l iho Ju^ti(H■a tlu-reof, nil tin- pDwor. jiiri.<ilii'tion iviui iiuthurily within 
 the provinci- <if (bo Cuurt of Conuiioii IMcns at VVostuiinstor, and the Act of 176tf, 
 directing ali the jir-x'atMlinga in ('.lu Cirrnit CuurLs then ost:ihli.shed, to bu as ncarlj 
 Kiuiilar to tbnw of the Courlit of (JriM! Itritaiii as uircuiust:iuees would u<lmit (VII, 
 199, J 'i). lliit it h«.l boun nlopn-.l in pruiUi.e long beloro. The I-'oo hiilM of 1094, 
 II, SS, aivi \f>W, 11. Hi, ■inunj; fics of the Judges and Clerkf", include u feo lor 
 the allowanof of u writ of error. 
 
 The ri^bl i.f the fuit«r to ii Bill of Kxceplions is recognized by the Act of 1799, 
 (ante, .'.U'.'), and altboiiKh (lie |.riiitiie is nh.sdlcte in tlie sluto Courls, it is Blill the 
 law in the Courta held undur the CimHtitnlion of the Confedorato Stales, which fol- 
 l<iW(, in thi* parti.oUr, (bo ConKtitiition o( the United States: "That no fact tried 
 by a jury »h«ll be otlicrwlso esiimiiied than acoording to the course of the common 
 law." By the cOBDioo law. • judgineut could only bo reversed by writ of error; 
 but (be writ of error lie* only fur irrorn on the record. This statute, by the Bill 
 of Exception*, maltoa the ruling of the Jud;^c a part of the record. ■• 
 
Chapter XII. 
 
 DAMAGES. 
 
 If any person having a husband or wife, child or parent, *• a., 1859, xn. 826. 
 ehall lose his life by the wronorfnl act, nea:lect, or default Action for injury cau». 
 
 ^ *- *- • ing (Inatli Bliall survive. 
 
 of another, in such circumstiinees that an -action would 
 have lain for the injur}- if the sufferer had not died, the 
 person that would have been liable if death had not en- 
 euedj, shall be liable to an action for damages notwith- 
 standing tlie death of the person injured, and although the * 
 death may have been caused by conduct of the wrong- 
 doer amounting to felony. 
 
 Such action shall be brought in the name of the execu- shaii ho brought in 
 
 .. TIT name of executor, for 
 
 tor or administrator of the deceased, and the damages '""'»«*"'■ 'am^y- 
 recovered shall be for the benefit of the wife, husband, 
 parent, or children of the deceased, and divided among 
 them in the proportions ascertained by the Act of Distri- 
 butions. And the jury shall be entitled to srive such i>»magefl in proporM<m 
 
 , . . . *" ttioir loss. 
 
 damages as they may think proportioned to the injury 
 sustained by the family in consequence of the death of the 
 deceased. 
 
 In such action, costs shall follow the judgment; and in ib. 
 case of iudsfmcnt for defendant, the costs shall be itayable n™itJi to foiiow th» r». 
 out of the assets of the deceased, if any, and if not, shall 
 be recovered of the executor or administrator. 
 
 No such action shall be brought, unless within two years ib. 
 after the decease of the person killed; nor shall such ac- 
 tion lie in any case, if an action and final judgment for the ^ 
 8ame cause baa been bad in the lifetime of the deceased." 
 
 » ThiF Act follows the Statute 9 and 10 Vic, ch. 93, from which the last clause if 
 borrowed, with a difference. 
 
590 
 
 III the above law tlie word person shall include bodies 
 politic and corporate; and the word parent shall include 
 father and mother, grandfather and ijrandmother ; and the 
 word child Hhall include turn and daughter, grandson and 
 granddaugiiter. 
 
 DOGS. 
 
 A. A,ij». XII.M&. The owner shall bo answerable for all injuries to the 
 omM*ar<io(a ii«bie sheep of another, committed by his dogs, or any dog on 
 his premises, or the <log8 of his negroes. And the party 
 grieved shall bo entitled to an action of trespass, and shall 
 recover damages to the amount of double the value of the 
 sheep so injured or destroyed. 
 
 **• J And in all such actions a verdict for two dollars or more 
 
 Tardlet ftr twoduUam 
 
 mntmcttttk. Mip shall carry costa. 
 
 •»• A tax of one dollar for every dog kept by his slaves shall 
 
 T».<.nn»KPo««'dog«. \)Q paid bv the owner; and it shall be his duty to make a 
 
 Duly uf mBsura. i ^ ^ 
 
 true return of all dogs kept by his slaves: and he shall be 
 liable to a tine of two dollars for every dog omitted in his 
 return ; for which the Tax Collector is entitled to issue his 
 execution. 
 
 lb. A tax of two dollars is laid on every dog kept by a free 
 
 iiM on tne ncgroea' negro or pcrsou of color. And every such person shall 
 make a return of the dogs kept by him, and pay the above 
 tax. And any free negro or jtcrson of color failing to 
 make such return, shall be tiiiod three dollars; for which 
 the Tax Collector mav issue his execution. 
 
BOOK IV. 
 
r* ftl^ 
 
BOOK IV. 
 
 PUBLIC WRONGS. 
 
 Chapter I. 
 
 PROCEDURE. 
 
 If any person be striekeu in the state so that he die a. a.. isso, xn. 823. 
 thereof, and his death take place out of the state, the in- . if the party he «tricken 
 
 " i 'in tlic state and die bo- 
 
 dictment and trial of the offender shall be in the district J".'"^ ";%'''t?''- ♦*•«;.": 
 
 dirtmont sliall he in the 
 
 in whieli the deceased was stricken, and the judgment shall '^'*|,"^^g^'''' **** """' 
 be the same as if the death had occurred in that district. 
 
 If any person within the state shall strike or wound ib. 
 another then out of the state, or if any person outside of Th« ca«e where » per- 
 
 •^ '■ onn within the state it 
 
 the line of the state shall strike or wound any person then •<'""■'*•♦•"- 'o- a perRon 
 
 ^ ^ out of the atata. 
 
 within the state so that the party stricken or wounded die, 
 the offender shall be indicted and tried in the district 
 where the stroke or wound took effect or was received, and 
 the judgment shall be the same as if all the circumstances 
 of the homicide had taken place there. 
 
 If a person be stricken in one district, so that he die, by ib. 
 a party in another district, and the death take place out of The r^p where • per- 
 
 *^ "^ ' •* (M)n in one dmtrict if 
 
 the state, the offender shall be indicted and tried in the''«/"^k Ky » ptn^n out 
 
 ' of the diitlict. 
 
 district where the deceased received the blow or wound. 
 
 And the indictment, arraignment and trial shall bo tho- ">. 
 Ramc, by whatsoever means the death may be produced, 
 whenever the injury shall be inflicted in the state and the 
 death take place out of the state. 
 
dm 
 
 A. A-.iT««.T.w. In ca«og of mnnlor or tiianslaughtcr. the Coroner's in- 
 
 wher. the f-r'y'' quest, indictment, and trial phall bo had in the district 
 
 SSeilllUt.'Sr.'hi^i'b^'" which the ].art^' <lied, althonjrh the blow or wound 
 
 JlU** ""^^ *'""'"■ which caused the death may liavc liappcned in another 
 
 district. 
 
 Kew When the party >trii ken received the blow or wound in 
 
 one state, and the party striking or indicting the blow or 
 
 wound was then and there in another state, the trial shall 
 
 be had in the state which shall first take jurisdiction of the 
 
 . case by the finding of a bill or the arrest of the otfender. 
 
 ^'••• No white woman shall be liable to be whipped, or set in 
 
 oorporai puntahment, thc iiillorv, bv a ludicial scntcncc, for any treason, felony 
 
 by whipping or pillory. l ., ■< ^ J . . . 
 
 not to i,e inflicted on Qr misdcmcanor. And where whipping or exposure in 
 
 whit« women. • " t i o r 
 
 the pillory may be inflicted for any offence in the case 
 of a man, solitary confinement or hard labor may be sub- 
 stituted in the case of a woman. 
 
 A. A., 1839, XI. 111. All fines, where not otherwise appropriated, shall, \\lien 
 All fine* appropriated collected, bc paid to the Coniniissioners of Puljlic Buildings 
 
 to public u»e». in the «,i.. ,. /-i r i ' 
 
 han-ix of o.n,mi««ionerH of thc distfict. Or tlicir trcasurcr, lor the purposes or their 
 
 of Public Buildings. 7 i ir 
 
 oflSce.- 
 A. D. 1533. 26 Hen. H. If auy pcrsou iudictcd for treason or felony shall per- 
 
 r. 3. 11. 463: 1691. 3 and 4 . -i 1 11 ^i .. x • i? 
 
 w. and M., 11.532. emi»t<»nly challenge more than twenty persons, or it any 
 
 stnndinK mnte. reftis- persoji iudictcd for auv erimiiial offence shall stand mute, 
 
 iiiK n!fore*^ii..u.' twen"yior fefusB to olcad, tlic .1 udgc shall order the plea of not 
 
 to b« diarogardcd. . . i /• ' i t n 
 
 guilty to be entered tor ^nch as stand mute or refuse to 
 plead, and shall ilisregard all }>eremi)tory challenges al)Ove 
 twenty, and sliall cause the trial to proceed, in all respects, 
 as if no such irregularity or attewipt at evasion had taken 
 place. 
 
 T{Kr(K-;XIZANCES. 
 
 A. A.. 1787, V^13 
 
 All recognizances for keeping the peace, or for good 
 behavix)r, <»r for the appearance of a party to answer to 
 * any accusation, to prosecute or testify in any case in the 
 Court of Sessions, shall be signed and sealed by the 
 obligors, and acknowledged in the presence of a Judge 
 or*Ju8tice of the Peace, and certified by him. 
 
If the party bound by such recognizance shall fail to 
 comply with the condition thereof, the Clerk of the Court 
 in which such default is made shall issue a Scire Facias 
 against the defaulter, to show cause at the ensuing term 
 why such recognizance should not be estreated. 
 
 If the party summoned shall fail to appear or to show 
 satisfactory cause, the recognizance shall be estreated and 
 judgment given, on motion of the person who prosecutes 
 for the state, against the party for the amount of the 
 recognizance and costs. 
 
 On the judgment so rendered a Fi. Fa, shall be issued by 
 the Clerk, directed to all the Sheriffs of the state, and 
 delivered to the Sheriff of the district in which the judg- 
 ment is entered, to levy the amount of the judgment from 
 the lands, goods and chattels of the defendant. In the 
 execution of such process, negroes shall not be taken if 
 sufficient property of any other kind be pointed out; but if 
 no property be found, or none of sufficient value, and the 
 process be returned on the oath of the Sheriff that the 
 defendant has no lands or goods in his district whereof to 
 levy the judgment or the unsatisfied residue, then a writ 
 of Ca. Sa. shall issue to take the body of the defendant,- and 
 him safely keep in the jail of the district in which he may 
 be taken, until the debt and costs be paid : saving to the 
 defendant the benefit of the law for the relief of poor 
 debtors, on complying with the conditions thereof. 
 
 All fines incurred by defaulting jurors or imposed l)y the »>. 
 Court, and all sums recovered for the use of the state from 
 persons bound in recognizance, shall be paid over by the 
 Clerk or Sheriff receiving the same to the Commissioners a a. ir.'m. xi,,iii. 
 of Public Buildings for the district in which such fines 
 were imposed: But if any person bound in a rccogilizance, 
 or any person summoned as a juror, shall incur a forfeiture 
 from ignorance or some serious impediment and iiot Irom 
 wilful default, the Court of Sessions, if satisfied of the truth 
 of the matter of excuse, may moderate or altogether remit 
 the fine or penalty. 
 
 jfo 
 
m. Ermry Sheriff and 0)«rk ftball keep a just and full account 
 
 •f all fiuet* ri-ooivod bv him in virtue of his office, and pay 
 in the Harao Xk* the (\miiuiK8ioner8 of Public Buildinga, 
 within two montli^ at tin* fiirtlicwt from the receipt thereof, 
 under the peoaltr of forfeiting double the amount of the 
 
 A A.nw.T.i*. Huni (ittitiiiod. And out of tlu-f^f funds the fees allowed for 
 the WK8i(»n» »cnnon<i tdiall In* jmid, and the Clerk or Sheriff 
 »hull have credit in ^ettlin/; his accounts, for 1:2 /f^^ dollars 
 for every •cnnon preaclied and paid for. 
 
m 
 
 Chapter II. 
 
 PRINCIPALS AND ACCESSARIES. 
 
 If any person shall counsel, procure, or command any a^w 
 other person to commit any felony, whether the same be 
 a felony by common law or by virtue of any statutory 
 enactment made or to be made, the person so counselling, 
 procuring, or commanding, shall be deemed guilty of fel- 
 ony ; and may be ihdicted and convicted either as an 
 accessary before the fact to the principal felony, together 
 with the principal felon, or after the conviction of the 
 principal felon, or may be indicted and convicted of a sub- 
 stantive telony, whether the principal felon shall or shall 
 not have been previously convicted, or shall or shall not be 
 amenable to justice, and may be punished in the same 
 manner as any accessary before the fact to the same felony 
 if convicted, as an accessary may be punished. And such 
 substantive oftence may be inquired of, tried and punished 
 in any Court having jurisdiction to try the principal felon, 
 in the same manner as if such oftence had been committed 
 at the same place as the principal felony, though it may 
 have been committed on the high seas, or in any place 
 within the state or without; and in case the pnncii>al felony 
 be committed within the body of a district, and the oftence 
 of counselling, procuring, or commanding, within the body 
 of another district, tlie last mentioned oftence may be 
 inquired of, tried, and punished in either district: Provided, 
 that no one who shall have been once tried, citlier as an 
 accessary before the fact, or as for a substantive felony, 
 shall be liable to be again indicted or tried for the same 
 oftence. 
 
 If any person shall become an accessary after the fact to tb 
 any felony whatsoever, he may be indicted and tried by 
 any Court having jurisdiction to try the principal, in the 
 
 i}eo 4. e 64 
 
598 
 
 pame inamK-r an if the act, by reafion wliereof ho became 
 ail accessary after tbe fact, had been done in the same 
 place aa the principal felony ; but if the principal felony 
 be committed in one county, and the act by whioli he 
 became an arci-Knary in another, he may be tried in either 
 district : Proritlrd, That no person wlio shall liave been 
 oiK-e tried <tn the char^'e of being nn accessary shall be 
 liabli' to bi* atriiiii trii-d fur tlu- same offence. 
 
 If any person convicted of felony should die, be par- 
 doned, or otherwif«' delivered before pentence or attainder, 
 the accessary nhall Hutlir the same punishment as if the 
 principal felon had been sentenced.' 
 
 * The old rate Uiat the aceawnr cannot be tried unless with the principal, or 
 after bin ettAiDder, bar led In many refinement)) little consistent with (be dictatuf 
 of c<>mra<iD jualioa. The abaulule impunity of Ibe guilty accessary, often the must 
 guilty of the two, aa long af the principal felon, frequently no more than an 
 in«trumc-nt in bit hand*, if ablr (o eradc the pur»uit of justirc, is a lilcmish in the 
 law (bat reqairea comcUon. It makes the fate of the felon depend not on the 
 question of hia guilt, but on mere ohanoo, or, what is worse, on studied and success- 
 ful villauy. * 
 
m* 
 
 Chapter III. 
 
 OFFENCES AGAINST RELIGION. 
 
 PROFANITY. 
 
 If any person shall' profanely swear or cnrsc in the pres-* a. d. 1695. eand? w. 
 
 1- e T*-f+l -n Af 3, c. 7, 11,637. - 
 
 ence or lieunng 01 an^- Justice 01 the 1 eace, or Ma3'or, or 
 Litendant of any corporate town within the jurisdiction 
 of such Justice, Mayor, or lutendaut, such person, for 
 every such ofl'ence, shall pay to the use of the poor of the 
 town, parish, or district, a line according to the following 
 i'ate, that is to say: every servant, day laborer, common 
 soldier, or common seaman, twenty -five cents; and every, 
 other person fifty c^nts; which fines the Justice, Mayor, or 
 Intendant, may impose on the evidence of his own senses, * 
 
 or upon tjie inlonnation of others, and may enforce pay- 
 ment by his Avarrant to any lawful Constable witliin his 
 jurisdiction. And if an}" person, after being fined as afore- 
 said, shall rei)eat the offence, he shall forfeit and pay 
 doui)lo; and for a third oftence; triple the amount of the 
 fine for the first ofience. And if the ofl'ender fail to pay 
 the fine or fines thus imposed, he shall be put into the 
 stocks two hours, as punishment for the oftence or oft'ences 
 then and there committed. 
 
 Any Justice, Mayor, or Intendant, who shall- wilfully 
 omit the performance of his duty, as herein command- 
 ed, shall forfeit jithe sum of twenty-five dollars: one half 
 to the informej/^ and the other half to the use of the i)Oor. 
 
 Any oflicer sued for doing, or causing anything to be •' 
 
 done in pursuance of the duties aforesaid, may plead the 
 general issue and give the special matter in evidence ; and 
 if the verdict in such action be given for defendant, or 
 
if plaintiff bMOae nonsuit or discontinue, ilio defendant 
 shall have triple costB. 
 
 No person sliali bo j-nwocuted for profane swearing and 
 •ursing, unless the pr(u"o«ding»* against him l>e commenced 
 witliin ten days of the ofleuee committed. 
 
 The Mayors, Intendantn. and Justices sliall keejt an ac- 
 count of all siich cimvietions, and certify the same to the 
 next Hessions «»f tli<- !'••:!'.• f. •»• I'l-- .li-;tri<-t. 
 
 DKSECKA'ri< (N oV TIIi: LoliDS DAY. 
 
 * k.Mu II.. Rw it is nijide the duty «M r\.i\ pn^un m abstain from the 
 
 exercise of the onlinary caHin«;s of business on the Lord's 
 (lav; and every person above the age of fifteen years of- 
 fending in the j»remi8es, shall forfeit twcr dollars. 
 
 lb No person shall ofler or expose to sale goods, wares, or 
 
 merchandise of any sort on the Lord's day: and every per- 
 son so otfending, bball f'TtVit tlx' i/cx.ils otfoivd or exposed 
 to sale. 
 
 1^ No public s|»orts or p:istiiiies wlialsocver siiall be used 
 
 or exhibited on the Loixis day. and every jtei-son ottend- 
 ing in the premises shall Ibrfeit and pay the sum of tw© 
 dollars. 
 
 lb. 
 
 lb. 
 
 NA vintners, innli.)ldcr>, or kcc|iers of any public house, 
 shall sutler persons other than truvclgi'S, straiigers or, lodg- 
 ers; to resort to their houses on iSuiulay; uud every person 
 found there idling or drinking on J^unday, shall forfeit the 
 sum ot one. dollar, and the master of the house one. dollar. 
 
 If any matter, ^uistress, or overseer shall command, cause, 
 or eneountge any servant or slave to work on the Lord's 
 day, the olfcnih'r ^llall forfeit for every such oHence the 
 sum of two dollars. ' ' 
 
 Kvery Justice of the Peace is authorized to enforce the, 
 foregoing orders: and, by warrant under his Laud and 
 
«01 
 
 seal, to seize all goods cried or exposed to sale on Sunday, 
 and cause the same to be sold for the benefit of the poor 
 of the parish : and to give judgment for the other pen- 
 alties and forfeitures, to be levied by way of distress on 
 the goods of the oft'ender; and in default of any distress 
 whereof to levy said tines, to set the offender publicly in 
 the stocks tor the^ space of Jwo hours. And it shall be iu 
 the discretion of the Justice to allow the informer a part ' 
 of the tine, not exceeding one-third of the same, and the 
 residue shall go to the support of the poor of the parish, to 
 be paid into the hands of the Commissioners of the Toor. 
 
 No person shall be prosecuted or molested for any of- ii< 
 fence before mentioned, unless the proceedings against 
 him be commenced within ten days after the offence com- 
 mitted. 
 
 Notwithstanding the foregoing rules, it shall be lawful ib 
 to dress meat in families, and to dress and sell meat in 
 inns, victualling-houses, or other public houses; and to cry 
 and sell milk on Sunday before nine o'clock in the morn- 
 ing, and after two o'clock in ^he afternoon. 
 
 # 
 No process shall be served on Sunday except for treason, n.. 
 felony, or breach of the peace. And the service of every 
 other sort of process on Sunday shall be void to all intents 
 and purposes*. And the persons serving such process, or 
 counselling, aiding, and advising the same, ^hall be liable to 
 answer to the party grieved, in damages, in the same man- 
 ner as if the act had been done without any authority of 
 law. And if. any pei*on shall be imprisoned or detained in 
 custody by any writ or process served or executed on Sun- 
 day, he shall be immediately' discharged — not only from 
 such 'writ or process, but from all other writs or process 
 lodged for his detenfion while in custody under process 
 served on Sunday — and allowed a reasonable time to return 
 home free from arrest in any civil matter.* 
 
 As to slaves working on Sunday. See ante^ 19. 
 
 •If a verdict be dolivered on Snnd&y morning, after the expiratiofl of the tw«inb 
 hour, it is void, and will be a (:ood ground for a new trial. McComhf. Sham, 2 Bnf,' 
 J.li. But see HUUr v. Englith, 4 Strob., 486, coutra. 
 
i 
 I 
 
 Ohaptkr v. 
 
 f e l 2« y capital. 
 
 ^'- The benefit of .ler^'y/ in nspcct of persons coiivioted 
 
 iKLfn f icno ■«-! of folonv, ftluill ho n\uAh]\ci\. But no person shall suffer 
 
 ^.m'.Ii"'''""'*'""*"""'^^'*^^^ for ai,^- felony exeej)! for such as may hereafter be 
 
 declared to bo puninhable with death, aud excepting also 
 
 all ]>ersons that may he convicted of the following offen- 
 
 / ces, from which the benefit of clergy has been heretofore, 
 
 or is now, t^ikcn away, that is to say : 
 
 A. II. 1531.23 us 1. All iicreona convicted of murder, whether principals 
 
 VII. \u>. * . • , ' * ' 
 
 M""i" or accessaries before the fact. 
 
 * n. 1670.18 Kii«. . 2. All i»erson« eonvicttil of rane or r;ivi.-<hiiieiit. 
 
 .'{. All iierr<on-< coii\ict»'«l of havini; carnal kiiowjcdii^e ol" 
 , kirtvwi.aij. ..f ' . , •- '- 
 
 '■f.<"i a female child nntler ten years of age. 
 
 ., M 4.J"^' "" " ' ' ^'' ... r-,,. - . I ,.r i)uggcrv with man or beast. 
 
 A. D. 1MI.2I u.Kr. 5. .Ml pernons convicted of burning any (hvclling-hou.se, 
 or any paii thereof, or any harn or stalile in which any 
 grain or corn may happen to be. whctlicr jtrinciitals or 
 a<cessaries before the fact. 
 
 A.A.. iKui \ii M- fi. All perHons convicted of the wilful and malicious 
 Ai*.ii burning of any state-house, court-house, or church, whe- 
 
 ther principuU ur nouessaries before the faxit, iucluding in 
 
 l.II.4M< 
 
 Anun 
 
 * Tiio b«a«<l( ol < ift^-T u » u-rm ihiU. long Miaoe cuu.iud to Liivo any eoDnuolion 
 with itn uriK'""' '"' •* "-'-"r U» e«|>rc*ii iii(olli);ibly tlio iiloB intundiid l)y th« inodi-rn 
 UM uf it U> )• ' bjr It Nothinft in moru agrevable tu rcaxon than that 
 
 liTmB wlucb ii.i .-.vir itivMiiiig nhoultl b« laid a«ido for those which dencribe 
 
 ialvlliffibly <b« ibiiiK luiendod. Law ia uot a inyatery, but a Hoiuncu. Like orery 
 oUior foioao*. Umo, il aliuulil bo aU^^udcd with a (Kuxiblu noinonclature. But thu 
 cannot hv tii« (-•»«, uuivM w« accoinuiodate thu language of the law to its meaniog. 
 
) 
 
 the term church all houses erected and used for, or dedi- 
 cated to divine worship." ^n 
 
 _ . ,, .1 ^11 1,1 . . , A. D. 1533, 26 
 
 7. All persons gmlty of robbery, whether principals ors, ii.463; 1552,5 
 accessaries before the fact. Rnbijory. ( 
 
 8. All persons who shall break any dwelling-house in an<iM.',c. 9,11.531. 
 the daA'^-time and steal from thence any money, goods or Bre.aking dwelling. ai 
 
 - 11, I'l '.'., sfpiiling from thence 0. ' 
 
 chattels, to the value or five dollars, whether principals or <ia3-time. 
 accessaries before the fact. 
 
 9. All persons convicted of stabbing another person not a.d. leoi, i jac. i.e. 
 havincr then a weaiion drawn, nor having then ffiven the „ ,,. 
 
 ~ i c? o .'^tabbing. 
 
 first blow, if death ensue. 
 
 10. All persons convicted of maiming or disfiguring ^^^.^d^ neo^ 22^and 2;. 
 another with malice or by lying in wait, by cutting out or ,iai,ning. 
 destroying the tongue, putting out an eye, slitting or cut- 
 ting off" the nose or lip, or cutting off or dcr^troying any 
 
 limb or member with intent to maim or disfigure, whether 
 principals or accessaries before the fact. 
 
 A. D. 1636, 28 H. 8. c. 
 
 11. All persons convicted of piracy-. ^%ira/J'' 
 
 12. All persons convicted of burglary, whether principals -. if. 4!.s. ^^"''' 
 or accessaries before the fact. '"-pan. 
 
 A reward of thirty-two dollars shall be paid out of the 
 public treasury for the apprehension and conviction of a 
 
 • The Act of 1860, which made every description of arson a capital offence, is 
 defective in the disregard of natural distinctions. The tendency of the age is to 
 a les.' sanj^iunary penal code, but the act pushes the punishment of rrinie beyond 
 the severity of former times. The burning of a dwelling-house in the night- 
 time is a crime of great enormity, being perpetrated against the defenceless in 
 the hours of sleep. The uom^un interests of mankind conspire to place the hours 
 of necessary repose under the safegii.Trd of the law, and to mark with the greatest 
 severity acrime inflicting, at all times, the highest injury to property, and fraught 
 with terrible danger to life. These iig',rrav:iting incidents justify the sternest 
 punishment. But it is against reason to put in the same class, and pursue with the 
 inme severity, crimes in which the aggravating rircum.-tances are not f'lund. Mod- 
 em laweivers have followed the distinctions of nature, and apportioned the punish- 
 ment according to the nature of "the crime as directed against life or )ir'i)ierty : and 
 in crimes against property, to the extent of the injury inflicted on the sufferer: and 
 in eircuu) stances of more or less aggra\atiun, have <listinguislied between capital 
 offences, felonies, and misdameanors. And in this view the subject is presented in 
 the present compilation. 
 
 k. A.. 1769. IV. .363. 
 
 i' 
 
I 
 I 
 
 606 
 
 \ 
 
 bnrplar or a frlon pnilty of hroaldns: n (hvelliiiar-hoiise in 
 tlio (lay-timo. if huc\) hurtrlrtr or felon be a white person. 
 And in caiio of dinputc between the j»ersons elainiinjj the 
 rewan!, it phall be settled by the eertifieate of the Judge or 
 Justice before whom the conviction was had. 
 
 If any watchinan. constable, or other person, sliall be 
 
 Hiainied r>r difaliled from la]»or by such Imrirlar or felon, 
 , he bliall be entillcd to a jK-nsioii of fort^- dollai*e — but if he 
 
 be a married man, lie shall be entitled to a pension of fifty- 
 i1 three dollars, ko Ion;; an he lives or resides in the state, out 
 
 *, of the public treai«»iry, and if he leaves a widow, tlie same 
 
 anntnt.y shall be paid to Iut: she shall be entitled to the 
 : said annuity durin/f her widowhood, and to her children 
 
 until they attain the age of Iweiity-one years.' 
 
 / 
 
 A n. 1:01.1 Annr.r. i 4.^, If fluv master or mariner belonjjino: to any ship shall 
 „ ., , ^ • wwfullv cast awav, burn, or destroy such ship, or procure 
 
 Wilful drtitrurtion <.f * • •' I •• I 
 
 .mi. i.y m»»ii-. 1 n.ari- tlie samc to be done to the prejudice of the owners or mer- 
 chants shippinij po<»d« thereon, or the underwriters makinsf 
 assurance on the ship or. cartifo, every suoli ofieiidor, on 
 conviction, shall suffer death us a felon. And the trial may 
 be ha<l in any Uiutrict in which the offender may be arrested 
 or appreliendcd. 
 
 A.A.. w,i..\ii. 101. 1 }. If ;i,iv person shall wilfully and maliciously place, or 
 ..i-,.ru.,.,.Kr«iiro«d. causc to bc pluccd ou tlic Hiil, or any other part of any 
 railroad any obstruction, or shall remove or derange the 
 rails or connecting pieces, with intent to injure or impede 
 the passage of the <>ar« along siuli railroad, he shall be 
 deemed guilty of felony; and if .^iich «ol)stiuctii)n or de- 
 rangement cause any hurt, maim, or bodily injury to any 
 humav being not causing death within a year and day, the 
 offender shall be bcnteiKcd to tine and imj)nsonment in the 
 discretion of the (\>urt : but if such obstruction or de- 
 rangement «hall omise the death of any human being as 
 
 • The Tmtnr f.f thp^r ' - ' 'ukcn from Dr. Cooper's note on proplamation money, 
 wtiiih \f the rurrrn » ! in the text— and from the niilitiu Inw of 1747, IX, 
 
 MO. ThU fX ' ■ ;-h ilio nilo that the acceoBary could not be tried till the 
 
 attainder of e but confined the innovation to one particular kind of 
 
 ac' ' < ivvr? •'! itulen guodt. 
 
I 
 
 607 
 
 \f^^ 
 
 the consequence of any hurt, maim, or injury thereby re- 
 ceived within a 3'ear and a day from the infliction of such 
 injurj', sucli offender shall be sentenced to and undergo the 
 penaUy of death, without prejudice to the right of the 
 party injured to recover by action any damages that he 
 may sustain in consequence- of such injury. 
 
 15. Every person that fraudulently and, with intent to a. a., 1754, vn, 
 steal or deprive the owner of his property, shall carry away stealing vessel, 
 or run away with any ship^ schooner, sloop, brig, or petty- 
 auger committed to his care and management, whereb}' 
 the owner shall be deprived of his said property, or the use 
 and benefit thereof, shall be guilty of felony, and may be 
 tried in any district in which he may be arrested or com- 
 mitted, and upon conviction shall sutfer death as a felon. 
 
 16. Any person who shall inveigle, steal, or carry away ib. ^ 
 any slave, or shall hire, aid, or counsel any person so to stealing guv«. 
 do, whereby the owner or employer of such slave shall be 
 deprived of the use and benefit of his services, or shall aid 
 
 such slave in running away or departing from the master's 
 or employer's service, upon conviction thereof shall suft'er 
 death as a felon. 
 
 17. Any person that shall maliciously administer or a. a.. 1859. xii.ssa. 
 cause to 'be taken b}' another any poison, with intent to Attempt to poiwu. 
 kill, every such offender and every person counselling, 
 
 aiding, and abetting such offender, shall be guilty of fel- 
 ony, and upon conviction thereof shall suft'er death. 
 
 18. None shall have judgment of life or member for * o iw. 1 m. 2,c 1 
 breaking prison only, unless the cause for which he was Breaking pruon. 
 imprisoned did require such judgment if he had been 
 
 thereupon convicted. 
 
 :.i 
 
 I 
 
4 
 
 I 
 
 ^ 
 
 \ 
 
 Chattrr VI. 
 
 I FELPXY XOT CAPITAL — OFFKNTES AOAINST TUK PKUSON. 
 
 Tho pmii(»l)nient <»f liramling shall be aboli^liod. 
 
 ; 
 
 I 
 
 n k. A.. Ifca. VI 4IH) 
 
 M 
 
 ' ' F'elony not capital shall Ik* puiiiphed a.s directed bv the 
 
 » \ specific law. if aiiy such tlurc be ; and if no Pi»ocific 
 
 punishment !»«• prfividcd by law for the offence, the pun- 
 ishment shall bo fine and inijiriRonment, in the discretion 
 of the Court: and. in airirravated cases, the penalties of 
 solitary confinement or corporal jiunishment iiiny bo su- 
 peradded or substituted, as the Court may think tit. 
 
 BUiAMY. 
 
 A P. 1604. 1 J<i>. 1 
 I. II. MiK. 
 
 *irm<»r 
 
 If any person being married do marrj' again, the former 
 husband or wife being alive, such offence shall be felony, 
 
 Felony t« man- V UK"'" ■ j ' • .• • i i i- i ■ t .^ • i 
 
 nnw huaiHtmi ..r Hif. aiid ott couvictjou puuislied m'conlingly ; and the trial ma}' 
 be had in any district in which the offender may l»e aj)pre- 
 hended as if the offence had been committed there. 
 
 ,^ . Tliis [K'ualty shall nut extend to the case of any one 
 
 whose husbantl or wife shall have been beyond seas seven 
 years, or separated for seven years within the state — the 
 one not knowing the other to he living within that time. 
 
 n* Nor shall this penalty exteiul to the case of a jicrson 
 
 that lias been divorced by sentence of a Court of compe- 
 tent jurisdiction; nor shall the penalty be incurred by 
 reaaon of any marriage under the ago of consent. 
 
 .vnnrcTioN. 
 
 j.n 46'>'*'*'' "'"'■' ^"^' P^*"***^" ^^'"^ **''»*'' t'*^^^' away from her home against 
 
 K..i..,>v t,. i,.k.. Hwav^'®'" ^'^* *^"y won»an, whether maid, widow, or wife, with 
 
 J^mJ^^or dvC I'ur*'''' ^^'''S" ^ marry or defile such woman, and also the pro- 
 
609 
 
 curers, aiders, and abettors in such attempt, and also the 
 
 receivers of such woman, knowing lier to be taken away 
 
 against her will, shall be deemed guilty of felony, and on » 
 
 conviction punished accordingly. . .. A 
 
 
 Any person who shall take or convey away from the a. D.1557. iflr 
 possession, custody, or governance of her father, mother, or \'. 
 
 , ^ , ,. " "" . Abduction (' 
 
 lawful guardian, or master or mistress, any female child, ""'''^'■. the age . 
 
 unmarried, under the age of sixteen years, shall be deemed 
 
 guilty of felony, and on conviction suffer imprisonment for 
 
 two whole years, or pay such fine as ma}' be assessed by 
 
 tlie Court: one half of which fine shall be for the use of 
 
 the public, and the other half for the use of the parties 
 
 grieved. 
 
 And if any person shall take away and deflower such ib. 485. 
 maid or woman child, or contract marriage with her, i 
 
 against the consent or without the knowledire of the ""■' 
 
 *e» 
 
 father, or if he be dead, of the mother or lawful guardian, 
 master or mistress of such child, he shall be deemed guilty 
 of felony, and on conviction sufier imprisonment for five 
 whole years, or pay such fine as may be assessed by the 
 Judge who tried the case: one half of such fine to the use 
 of the public, the other half to the use of the parties 
 grieved.' 
 
 For abduction of free person of color. See ante, 24. 
 
 1 
 
 •The Sutte V. Findlay, 2 Bay, 418. 
 
/ 
 
 '\ 
 
 .•«• 
 
 
 .* ClIAPTEH \ II. 
 
 f 
 
 ^ FELONY NOT CATITAI. — OFFENCKS AdAlNST PROPERTY. 
 
 ( mm 
 
 4PUU uw Tlii' volmitarv ami malicious l)urMinii:. \\\ day or bj 
 
 *^y"0j.|2^"'"« 23 night, of any pulilic Imll, iisHeinbly room, lecture room, 
 . , , , . storehouse, or out-house, or auv toll or free bridee of the 
 
 trra from felony ' ' . . o 
 
 •'.'"• ''-"■'^ '""value of one hundrod dollars, whether belougiug to the 
 state or to an individual, or to a corporation, or the ma- 
 licious and voluntwrv Imrninir in the night-time of any 
 ricks or stacks of rice, corn, grain, or hay, or any kiln for 
 making brick, tar, or coal, or seasoning of lumber, or the 
 killing or destroying in the night-time of any horses, sheep, 
 or cattle of any person whatsoever, shall be deemed felony, 
 and punished Accordingly by line and imprisonment, or 
 corporal punishment, or both, in proportion to the degree 
 of the oftence, at the discretion of tlie -ludge. 
 
 In all cases of felony tlic punishment of accessaries after 
 the fact shall follow the course of the common law. 
 
 LAKCKXV. 
 
 * 
 
 A. D. iwtf. 21 II. H. .. Stolen goods, or goods taken by robbery, shall, on con- 
 
 4 n 458 . " • ' ' 
 
 viction of the thief, be returned to the owner. 
 A. I) ifl(ii.3an.i 4 w. If aiiv pcrsou shall hire ready-furnished lodirinj/s, and 
 
 and M. c. 9, n.5a|. , ' e ' i i i • , ,,,,.« 
 
 take away from such lodgmgs any chattel, bedding, or fur- 
 
 L«rtH>Dy. to itoal chat- . i • i 1 f> fi' J ' G' 
 
 tMii fromfurni«b«i i<«iB-niture, wliich uv coutract or asjreement were let with such 
 lodgings, with intent to embezzle, steal, or purloin the 
 same, such taking shall, to all intents and purposes, he 
 reputed and adjudged larceny and felony, and the oftend 
 er, on conviction, punished accordingly. 
 
 { 
 
mud 
 
 g<X)Clg. 
 
 611 
 
 Buyers and receivers of stolen goods, knowing the same H'- 
 to be stolen, shall be deemed accessaries after the fact to nnyers. 
 
 stolen g<x)tio. i,-^ 
 
 the felonious stealing of the same, and may be punished '^ 
 
 accordingly. Or they may be prosecuted and punished as a. a.i829,; *j, 
 
 for a misdemeanor, though the thief be not convicted of More general. \, 
 
 the said felony, or be convicted of petty larceny only, or of 
 
 a capital offence, or acquitted by reason of insanity or want 
 
 of discretion ; and whether such principal offender be a 
 
 slave, free negro, person of color, or free white person. 
 
 And such prosecution shall bar any further proceedings / 
 
 against the buyer or receiver after the conviction of the 
 
 principal. 
 
 All accessaries to any felony shall be punishal)le accord- a d. i-oi. iAnn« 
 ing to the degree of the offence, whether the principal be 
 
 ^ •*■ Accessaries, how p 
 
 pardoned or not. ishabie. 
 
 In all questions of larceny or robbery, a bond, warrant a.a..i]37, 111,470. /\V 
 for money or goods, promissory note, bank note, bank Larceny to steal 8eciN» 
 check, certificate of deposit, or other security for money, " "^ ' '^ 
 
 shall be deemed property of which larceny or robbery may ^ * 
 
 be committed; and all persons convicted of stealing or More general. 
 taking by robbery any such securities shall, on conviction, ^ 
 
 suffer the same penalty as if the thing taken had been a 
 personal chattel. 
 
 If any person shall take from any field any cotton, corn, a. a.. is26. vi. 284. 
 rice, or other grain, belon2:ino: to another person, fradulent- J" "•«*.' <=""<>''' <■<"■•>• **^ 
 
 ' o • ' 00 r 7 ctr.. growing. 
 
 ly, with intent to convert the same to his own use, such 
 person shall be deemed guilty of larceny, in the same man- 
 ner as if the things so taken had been previously severed, 
 and on conviction punished accordingly. * 
 
 Any person convicted of grand larcen}- for stealing in a a. a. i»<.34. vi. sos. 
 church, dwellin<i:-house, booth, or tent, or for stealins: priv- rMnfinc<i to aggravated 
 
 ~ ~ * raRpK. and ducretion en- 
 
 ily from the person, or convicted of grand larceny a second '"'^Ked. 
 time, may be punished with pillory, solitary, confinement, 
 or whipping, not exceeding thirty-nine lashes, in addition 
 to line and imprisonment, according to the discretion of 
 the Court. 
 
 Any person who shall steal any "horse, mare, gelding, * a.imo. vU4i3. 
 colt, filly, mule, or ass, on conviction thereof, shall be ].nn- f"'*i"M? ho«., •u. 
 
I 
 
 islic«l by 0(»rj'i>rul <<>rri>ctuti). not cxccciliii;^ thirty -nine 
 ' ' laslioft, l»esi(K-!< fiin- ami iniitrisonniout, in llie dihcictiou 
 
 ^ of the Judge. 
 
 >i.. V i» If any pon*on phall feloniously ^tcal :uiy Inill. »o\v. ox, 
 
 \ tbuii.rtr. ptoer. or ralf. ho Khali, on •onvietion thereof, he fined in the 
 
 1 I «um of fifty dollars for every animal so stolen ; and in ease 
 
 ' puch fine he not imniedlat<'ly ]>Mid. shall be senteiued to 
 
 ' be pubVu-ly whipped. an<l I' .\>i<linir thirty-nine 
 
 ^ A.A. lashes: an<l for the socond .'li- ip <•. .-hall Wc punislud in the 
 
 f. discretion of the .Tudjrt'. with imprisonment and pillory in 
 addition to whipjnnir. 
 
 ^ >i». If any person shall feloniously steal any sheep, iroat, or 
 
 caiinit »h«cp etc hog, he shall, on conviction thereof, he lined in the sum 
 / of twenty-five dollar?* for every animal so stolen ; and if 
 
 ' such fine he not immo<liat(ly j»aid, he shall he sentenced 
 
 to be publicly whippol. and receive not exceedin<; thirty- 
 / nine la»*lu*s: and for tin- second offciiee, shall be punished 
 
 \u the discretion <d the .Indir^'. with imprisonment or pil- 
 lory in addition to whip])inir. 
 
 "• Any person that shall knowingly, \vilfully, and for the 
 
 ^ Making or duflguriDK ^l^e of gain, nuirk. bnind. or disfigure any sort of stock 
 or cattle iHJonging to anotlier, or shall alter the nuirk or 
 brand of any such stock or cattle, shall be guilty of an 
 attempt to coniniit a felony, and on conviction shall be 
 liable to n pemdty <»f one hundred dollars for every horse, 
 man», gelding, colt, filly, ass, or mule, and fifty dollars for 
 every bull, cow, stoor, or calf, and twenty-five dollars for 
 every hog, sheep, or goat so marked, bram^ed, or disfigured 
 as aforesaid ; and on failure to pay such fine or penalty, 
 every such ofi'ender shall be publicly whipped ami receive 
 not less than thirty-nine laslu's on the bare back. 
 
 "'-i*'- All witnesses who shall be duly sultpoMiacd or bound in 
 
 comrH-nMtion of itntr ppcognlzance to give evidence on the pjii-t of the state in 
 
 wUncurN in iirtHKTulioim o "^ X 
 
 for hofM stealing, etc. proscctitions for horso stealing, cow stealing, hog stealing, 
 or for branding hoi>iCs ov cattle, as above described, nball 
 receive, out of the fines and forfeitures incurred fur those 
 oflenoes in the dihtritt>i where the offenders are tried, the 
 .'^amc cumpensalion foj- attijjmj^cy and mileage as by law 
 
613 
 
 is allowed to witnesses in civil cases; and if the iines in- 
 curred for those offences should fail, then out of any other 
 fines collected in the district. i;,^^ ':>V"' 
 
 If any person shall steal any 03'sters or oyster hrood a. a, 1S47. x V 
 from any oyster bed, planted or established by any per- stealing oyste* \^^, 
 sou for the cultivation, growth, })roduction, or improve- 
 ment of oysters, he shall be deemed guilty of felony, and 
 on conviction both principal and accessaries shall be pun- 
 ished as in cases of larceny. Ground covered by water, 
 if granted as property, and marked by sufficient stakes or 
 visible indications, and used for the growth of oysters by 
 laying or depositing thereon oysters or oyster brood, shall 
 be deemed an oyster bed within the terms of this law. 
 
 Any attempt to steal or take oysters from an oyster bed it. 
 belonging to any other person, by any dredge, net, instru- Attemi)t t.. steal ru 
 ment, or engine whatsoever used for that purpose, shall t 
 
 be punished as a misdemeanor in all persons found guilty \ 
 
 thereof. 
 
 
 FORGERY 
 
 If any person shall feloniously, wilfully, and with a a. a.. 1736. ni. 470; 
 
 •^ \ , *" . •' ' lsni.V.397; 184:). X1.341. 
 
 fraudulent intent, alter, forge, or counterfeit any deed, will, „, ,. . .... 
 
 ' ' O ' »' ' ' g],all be punishfid by 
 
 testament, bond, certificate of stock, bill of e^chano;e, '■"'T'.'™''"'"'"''"'^""*''''"" 
 
 ' ' ^ n ' niiil impngonment. 
 
 promissory note, bank note, or other security for money, or 
 the assignment of any bond, or any quittance or receipt, or 
 any warrant or order for money or goods, or the acceptance 
 or endorsement of any bill of exchange or promissory note, 
 or any other instrument of writing in nature of an assign- 
 ment or transfer of property, or an undertaking to pay, or 
 shall utter or publish as true, with intejjt to defraud, any 
 such forged writing, knowing the same to be forged, ii\c\y 
 such oftender, and all accessaries before the fact to such 
 offence, shall be deemed guilty of felony, and on conviction 
 sufier corporal punishment by wljiii[>ing or pillory, and be 
 fined at the discretion of the Judge, and imprisoned not 
 more than seven years, nor less than one year. 
 
 Any person who shall fraudulently forge, alter, deface, or a. a. i73«. 111.471 
 erase any record or any plat of lands annexed to any grant I'.i.aiiv f,t f.,rpng or 
 
 1 •' ' .' o ■Itcring BTMt <>rde«d»n- 
 
 or any instrument entered or enrolled in any otfice for'^o'"^'* 
 
I 
 
 G14 
 
 •^ keeping records, and all accessaries before the fact to such 
 
 crime shall be guilty of felony, and on conviction punished 
 by whipj>ing, and by tine and imprisonment, at the dis- 
 ^ cretion of the Judge. 
 
 IV..S42 Any person that shall wilfully and fraudulently counter- 
 
 ' ,..,t.rfpiii!iK the feit the current coin of the state, or any Johannes, doub- 
 
 .r 1P.C...I.. j^^^^^ moidore, Napoleon, pistole, or double pistole, English 
 
 1R4A. XI. 341. . , . . , », • /, J 11 
 
 sovereign, ducat, bpanish, Mexican, or (jrerman dollar, or 
 
 five franc niece, or anv part of such coins, or shall alter 
 
 i or attempt to pass as true any such counterfeit coin, with 
 
 '^" intent to defraud, or shall be aiding or assisting therein, 
 
 or shall make or keep in his possession any stamp, die, 
 
 ' or mould for coiuiug, upon couvLction shall be adjudged 
 
 ^^kguilty of felony, and liable to be fined and im]»risoned, and 
 
 to corporal punishuient, as the Judge may determine. 
 
 y«r. In any indictment for forging, altering, or attempting to 
 
 pass any instrument whatever, or for counterfeiting, alter- 
 ing, or endeavoring to pass as true any false or counterfeit 
 coin, it shall be suflicieut to allege that the defendant did 
 the act fraudiik'iitly. without alleging the intent of the 
 defendant to defraud any particular person ; and it shall 
 not be necessary to prove an intent on the part of de- 
 - * fendant to defraud any i»articnlar person, but it shall be 
 
 suthcicnt to j>rovi' that he did the act charged with an in- 
 tent to defraud.* 
 
 * Thin is a rali^satioD of the teohnioal nicety which has long been a reproach to 
 tbo crimiunl law. It is borruwod from tbo English Stut. It is Ic^s obnoxious to the 
 charge of innovation, bcoimi'*', in fhct, it <iiii>8 not render the pleading loss certain, 
 but more accurate: for the allc^'ation that the forgery was intended to defraud an 
 individual in frtMjuvntly uiiiruc, anil «lway« uncertain. 
 

 Chapter VIIL 
 
 MISDEMEANOR — OFFENCES AGAINST THE PERSON. 
 
 
 DUELLING. 
 
 Every .Tnstico of the Peace ma}^ issue a warrant a£!:ainst a. a.. 1857, xii. fi06 
 any person who is preparing to fight a duel beyond the rxieinnp. 
 limits of the state; and upon receiving information on 
 oath tliat any person is about to leave the state, either for 
 the purpose of fighting or of sending or receiving a chal- ^ 
 
 lenge to fight a duel, it shall be his duty to cause such y • 
 
 person to be arrested and brought before him or some 
 other Justice. a)id made to enter into recognizance, in such 
 sum as the Justice may deem sufficient, to keep the peace 
 within the state, and not to leave it for the purpose of 
 fighting or of sending or accepting a challenge to fight a 
 duel. 
 
 \\\ trials for duelling no person shall be protected from a.a. i823,vi,«)8. 
 giving evidence, when called on so to do by the Attorney- 
 General or Solicitor, on account of his agency as principal, 
 second, or accessary in counselling, aiding, or abetting such 
 duel. And if two persons be indicted for fighting a duel 
 or being coucerned therein, each of them may be com- ^ 
 
 l»elled to give evidence against the other, and to that end, 
 on motion of the Attorney-General or [Solicitor, the name 
 of such witness shall be struck out of the indictment, and 
 a nolle prosequi entered as to him. And such witness shall 
 never be liable afterward to any prosecution on account of 
 the part taken by him in fighting or promoting such duel ; 
 but upon evidence of the fact that he was examined as a 
 witness on the part ot the state in a prosecution on account 
 of such duel, he shall be discharged from any further 
 answer to the complaint. 
 
 ■J ■ 
 
610 
 
 If any iicrsoii a resident of tllis st»te do fight a diicl, or 
 ^ send, or accept 'or cau(»e to be 'sent, given, or accepted, a 
 
 clialK'nge to fight a duel, wlietlier within tliis state or 
 witliin the limits of llf T'tU. <1 Stafrs. he and his second 
 or seconds, and all ai other ]Mis(>n direetly eoii- 
 
 cerned therein, their e(lull^^ IKus, aidiTs. an<l ahettors, npon 
 being thereof eouvictcd, shall severally forfeit and pay a 
 fine not exceeding two thonsand dollars, and he impris- 
 oned for a tenii not cxceedinjr twtlve niontlis. 
 
 
 f, ^ The iienalties for tlnellin'' shall noJ interfere with or 
 
 abrogate the law against homicide, which shall remain in 
 
 full force. And in all trials for <leath happening*in a duel, 
 
 the proecediiiiTfl shall he according to the conrse of the 
 
 ^^^connnon law. 
 
 \ A.1K5T. xn. cl. If ;inv Knirineer op Conductor ot any Railroad Comi)anv 
 Wilful mgiect of .iiiiv shall wilfullv or neijliirentiv violate his duty, or disobey 
 ' of lUiircd. any rnle or reg?datn)n which as an hngnieer or ( onductor 
 
 he is bound to ob.-erve, wherehy any person shall sustain 
 * any bodily injury, he shall il»e. deemed guilty of a misde- 
 
 meanor, and on conviction be Subject to fine and ini[trison- 
 ment, not exceeding two Innnlred dollars fine and one 
 years imj)risonnient, at the discretion Of the Judge, with- 
 out impairing his liability to answer for the life of any 
 i . ])ersoii that may be destioyed in conse(|nence of his mis- 
 
 conduct, as involviiiir murder or nuinslaui'hter. 
 
 A A. i^«. xn. 743. In ('ase of an assi.ult committed with a deadly weapon 
 j'uiii»i..iieiiiforfu«i..iuii-^.oyf.t..ili.cl about tlic pcrsou, the ofi'ender, on conviction, 
 
 iiig WUli lonci'ulcd weaj>- ■* ■ 
 
 ""•f shjtil be fined in not less than two hundred, nor more than 
 
 ^ twf» thonsand dollars, and imprisoned for a period not 
 
 excee<ling six months, and shall, moreover, be required to 
 
 find sureties of the peace, and for good behavior for one 
 
 year afVer the termination of such iiii[)risoument. 
 
 A. A,i837.vi.ft7i. Tlie Captain. Master, or person liuviug command of a 
 Mattel of «i<"n>t."«t Hteamboat, shall be responsibli' for reasonable skill and 
 
 I'l'HpoiuiibU^ for Hkill. <IUi- ' 
 
 Kunoe .ui.i ""ni'ieM.r ..f(ji|ij,(.rt(.t. i,| the inanaLremcnt of the hoat, and for the suffi- 
 
 boat acd eiit;iii'v BiKi i"r ~ ' 
 
 .i..f..ui( may b« iudicfd. ^.l^,^^^.y m,j Hcaworlhiness of the boat and engine; and in 
 case of personal injury to any person by the want of due 
 
 
> 
 
 617 
 
 kill or diligence on tBe part of the Captjyn, Master, or -^ 
 
 ^ 
 
 '^ 
 
 'M 
 
 of 
 
 1*" 
 
 J 
 
 person having command of such boat, or by reason of the 
 lefect of the boat or engine, such Captain, Master, or other 
 jerson shall be deemed guilty of a misdemeanor, and on 
 !onviction .punished by fine or imprisonment, or. both, at 
 he discretion of the Court, without prejudice to any other 
 eniedy of the injured party : saving to the accused the 
 )eneiit of any defence showing that the injury arose from 
 nevitable accident. 
 
 « 
 
 And the owners of every steamboat shall be civilly an- n- •*'*T*^ 
 
 werable for the conduct of the Master, Captain, or other ownc-s responsibioicir- :,.T] 
 
 . /• 1 ,1 1 n^ ■ '''y ^"^ ^^^ master ami 
 
 )erson Jiaving tlie command tnereoi, and lor the suineiency «*• boat. 
 >f the boat and engine. - 
 
 6 
 
 
I 
 I 
 
 
 CiiwTKn IX. 
 
 MISDUMEAN'^'U — tjFFENrKj: ACAIN-^l ri(n|'i:RTY. 
 
 • MAI.U'IOUfcJ! Mlt^CHIKF. 
 
 i..\.. iw>o-*i.xii.so2. Any (ler^ou wht) hliull iiialifioutsly, unlawlully, and wil- 
 Amnr.fbuiidiiiBm,eic fully bui'u, OF cHU^o U) bc buiMit oi" destrovccl ill tlie dftv- 
 
 aodfr tin- ralae of one "^ • i*^ i * 
 
 hoidrcd doiikra. «^ time, any rickn or Htat-ks of nee, gram, or hay, or any barn 
 \ or kihi, or any publie liall, asMenildy room, leeture room, 
 
 ^ niannliutory, storehouse, or out-house, or any tree or toll 
 bridge under tlie value of one hundred dollars, or aid or 
 abet the jKipetralor of sueh otlenee, shall be guilty of a 
 misdemeanor, ami liable, on convittion, t<^) be tine«l ami 
 imprisoued, at the discreti^on ot" the Court. 
 
 A. A.. 1867, XII. Of..'.. Any iM'rs<»n who shall wilfully, unlawlully, and mali- 
 ;<MncMtve«ipropirty. ciously eut, uiutilatc, or destroy, or otherwise injure the 
 trees, out-houses, fenri's, or fixtures of another, or eommit 
 any other sueh trespass on real property in the possession 
 of another, shall be ^ecmed guilty of a misdemeamir, and 
 upon eiuivittiiiii juinislu-d by tine or imprisonment, as 
 aforesaid. 
 
 A. A.iwo, .\ii. wi:i Any person who shall wilfully, unlawfully, and mali- 
 MaiM.u-. u.iwi.i.f i-ciously eut, slioot, maim. w«.»untl, t)r destiov any horse, 
 
 |iPl*oiial |iiM|M»rl\ |.iiMi«li- * • ^ 
 
 •i.i< iu.iiiiii..i.i.i. .11 I mule, neat eatlle, hog, >heep, or goat, the property ot 
 another, or unlawfully, wilfully, and marnioiisly break, 
 defaee, or destroy any other personal [)roi)erty belonging 
 tt» another, shall be deemed guilty of a misdemeanor, and 
 on convietion lined or imprisoned, one or both, at the di.s- 
 eretion of the Court. 
 
 % 
 a:a., i8», vi,3i.:: \\ ;,iiy J' rson shall unlawlully and IVaudulently take 
 
 8t.-.iiinp froii. a fi-i. t^,,(i ^.^^yy. j,\vay any Hsh from the tish-trap of another, with 
 intent to «leprive the owner of such tra]» of any fish caught 
 
619 
 
 therein, he shall be deemed guilty of a misdemeanor, and 
 on conviction punished by fine not exceeding two hun- 
 dred dollars, or imprisonment not exceeding six mohths, 
 or both. \ 
 
 > 
 
 > 
 
 Any person that shall wilfully let loose, or cast adrift a. a., leos, ii. los. 
 any boat, pettyauger, or canoe, belonging to another per- 
 son, shall be guilty of a misdemeanor, and on conviction \ 
 punished by fine, imprisonment, or whipping, in the dis- <^, 
 cretion of the Judge. • 
 
I 
 $ 
 
 ^y 
 
 r 
 \ 
 
 '. C'UAFTKH X. 
 
 f MISUBMIiANOK — OFFBNCt.S AiiAIXST PROPERTY. 
 i ' 
 
 S\VINI»MX(i. 
 
 A. A. i7«i. v.i-r. If any pei^son shall liiii.. .motlier to pl;iy at cards or 
 
 T rntirr ant prrii r, I. dice, oi* unv otliiT i^aiiu', ov Wcap u shaiu ill the loss or 
 
 ?.'r"' ^ ^aiii of money ntaked at play, or bet on the side or hand of 
 
 MofMiiy Ml. iiii. tail, any of the ]»IavorH. so that the jKiity so enticed do lose his 
 
 money or i>rt»i>erty; or if any person shall cheat or swindle 
 
 another by any trick, pretence, or tunning device, out of 
 
 his money or pro|»erty. every sucli otfeiider sliall he liable 
 
 to be indicted, and vi\ conviction shall be lined in the 
 
 ^^ discretion of the Court, and sentenced to refund to the 
 
 ^ pai'ty grieved tlouhle the sum or value of the property of 
 
 whicli he wan det'iniuded. And (»n failure to pay forthwith 
 
 • the amount <»f the line, sentence, ami costs, he sliall be 
 
 committed to the common gaol v)f the district, there to be 
 
 imj>risone<! six months, unless the fine, sentence, and costs 
 
 of jtrosecution he Hooner satistied.' 
 
 A 
 
 if any person shall, either during the life of testator or 
 Ht«uinKor dtntn..vii.Kte8tiitrix. or after his or her lieatli. steal, or for any fraudu- 
 ...y win . mwc.mri..,.r. j^.j^^ purpi»Be destroy or conceal any will, codicil, or other 
 testamentary instrument, every such oftender shall be 
 guilty of a misdemeanor; and being convicted thereof, 
 shall be liable to he punished bj' fine or imprisonment, 
 or both, or suiter such corporal i)unishment, not extending 
 to life or limb, as the Court may award. And it shall not 
 be necessary in an indictment for such offence to allege 
 that such will, codicil, or other instrument, is or was the 
 property of any person, or that the same was or is of any 
 value. 
 
 •TIh •• '^ • a I .ir.- l.'.rr..«i.,| ironi Ifi Car. 2, c. 8. 
 
''»* 
 
 > 
 
 Chapter XI. 
 
 MISDExMEANOR OFFENCES AGAINST PROPERTY. 
 
 EMBEZZLEMENT. 
 
 If any person shall steal any paper or parchnieiit, writ- inK'To'?4ror"^r8o'n''ai 
 ten or printed, or partly written and partly printed, being'""'"'''" "''^'''""'""'"'• 
 evidence of the title,' or part of the title, to any real or 
 personal estate, ever}' snch offender shall be deemed guilty 
 of a misdemeanor; and being convicted thereof, shall be 
 liable to tine or imprisonment, or both, in the discretion 
 of the Court; and in any indictment for such offence, it 
 shall be sutiicicnt to allege the thing stolen to be evidence 
 of the title, or part of the title, of the persons or some one 
 of the persons having a present interest, whether legal or 
 equitable, in the property to which the same relates, and 
 to mention such property or some part thereof; and it shall 
 not be necessary to allege the thing stolen to be of any 
 value. 
 
 If any clerk, or person in the capacity of a clerk, in the Jlf/J^^-ZX^'^o 
 employment of any person shall by virtue of such eniploy-J','"r\'!^"^^J'l,7v'?yf^^ 
 meut, receive and take into his possession any chattel, "j'^l"'''" '*^'"'*' '*'""*'" 
 money, or valuable security for or on account of his master 
 or employer, and shall embezzle the same or any part 
 thereof, every such offender shall be deemed to be guilty 
 of a misdemeanor, altiiongh such chattel, money, or se- 
 curity was not received into the possession of the master 
 or employer, otherwise than by the actual possession of 
 the clerk or person so actually enqdoyed. And every such 
 offender, being convicted thereof, shall be punished by fine 
 or imprisonment, or Intlh. 
 
 If anv officer of nnv incorporated bank, or ixT^'tn in th^ mm<^mu\ot t«r \mnk 
 
 ^ • ' ' ' nfflrer to c/iti»prt to bin 
 
 employment of sudi bank, shall frandulcntlv ■ ■ ir ' it to "«n n-c th^ property of 
 
 _ i •' • ^ fb«- liitnk. 
 
 his own use. or shall fraudulentlv take and s'x-vete with 
 
I 
 
 I 
 
 .r 
 
 VJ 
 
 intent so to do, any bullion, money, note, hill, security for 
 
 • money, or eliattol helonjfinif to and in possession of such 
 
 bank, or Ijelonirintr to any ixsrson ahd deposited therein, 
 
 he sliall. wliotluT intrustetl with the custtxly thereof or 
 
 not, be deeme<i iruilty of a misdemeanor, and on eon\nc- 
 
 • tion punished at the discretion of the Court with tine or 
 
 imprisonment, or both. 
 
 • 
 
 vjrm.findKtmfnt. .^,,,1 jj^ „n Cnciictnionts fof Gmbezzlement, cxccpt where 
 
 * the ofteneo sh;ill relate to any ehattel, it shall he snffioient 
 
 to nlleeo the oflence in areneral. without speeityini: any 
 
 particular e<»in. bill, note, «>r security ; and such allciration 
 
 shall be sui^tnined if the accn-^e*! be proved to have em- 
 
 bezscled any amount, althouirh the particular species of 
 
 coin or security be not jiroved. 
 
 Tin- cjwt- ..f i.ank.r. ff aiiv moucv or st'«iirit\' tor nioncv l»e eiitrnstccl to any 
 
 merchant, nr utt<>rm-y. .... j 
 
 banker, mercbatit. attorney, ^^x other aijeiit, for safe kccp- 
 inir or for collection, and he shall, in violation oi' srood 
 faith and contrary to the jturpose for which it was re- 
 ceived. convert to his own use or benelit such money, 
 security, or ]>roceodB. or any part thereof, sudi offender 
 shall be iruilty of a misdemeatior, and on conviction there- 
 of, shall be liable, in the di.seretion of the Court, to 8uc;h 
 jiunishment as in otU«*r cases of embezzlement. 
 
 The caM of »u<ii-uev Aiul if Buy cliattcl OP valuublc security, or any power of 
 r..n»Vni..K''7.',^i.il' .mi. attorney for the sjilewr transfer of any public stock or fund 
 of this state, any other state, or any foreiorn country, or of 
 any body corporate, coinjiany, or society, shall be entrusted 
 to any banker, merchant, attorney, or other agent, for safe 
 custody, or for any special purpose, without any authority 
 to sell, negotiate, transfer, or pledi^e, and he sliall, in viola- 
 tion of ^ood faith and contrary to the object or purpose 
 for which such chattel, security, or power of attorney was 
 entrusted to him, sell. ne<;otiate, transfer, pledge, or in any 
 manner convert to his own use or benefit such chattel or 
 security, or the proceeds of the same, or any part thereof, 
 or the share or interest in stock or fund to which such 
 j»ower of attorney .shall relate, or any part thereof, every 
 such otfender shall be guilty of a misdemeanor, and being 
 
628 
 
 convicted thereof, shall be liable, at the discrctioH of the 
 Court, to any of the punishments which the Court may 
 award as heretofore mentioned respecting embezzlement. 
 
 Provided, That nothins^ hereinbefore contained respect- Exc-ption in f:iv.,r < 
 
 '~ jyy trnstuos, niortgagvo!'. eit 
 
 mg embezzlement shall aiiect any trustee or mortgagee in ''''"•« ''"^'"s »•'<"' 
 respect of any act done by such trustee or mortgagee, in 
 relation to the i)ropcrty comprised in or aftocted by such 
 trust or mortgage, nor restrain an}' person from receiving 
 money actually due on such security, nor from selling, 
 itransfcrring, or otherwise disposing of any securities or 
 eftects in his hands on which he may have any lien, claim, 
 or demand entitling him so to do, unless such sale, trans- 
 fer, or disposal shall extend bcA'ond the amount requisite 
 for satistying his demand. 
 
 On the trial of any person for embezzlement, if the 
 charge be borne out by the evidence, the defendant shall 
 not be acquitted, though the facts proved might in law 
 amount to larceny ; but no one tried for a misdemeanor 
 shall afterward be indicted for felony on the same facts. 
 
 > 
 
Chapteu XII. 
 
 MISDKMEANUK OFFKXCKS AGAINST I'lBLIC JVffTICE. 
 
 PEIMFKY. 
 
 A A..i8.'»'.vi.48.v If any perpoii shall wilfully niid knowingly swear falsely 
 
 swpariMn ftiu.ivin an J^ takiiiir ai)V oatli nHiiiirod h\ law, and administered by a 
 
 • ■atli takfti hofiiif a per- f^ . i . ^ t' 
 
 ..^ .i"aii«<"i «n.i in a person aiitlion/.i'd l)v law to administer such oath, he shall 
 
 iiipltiir |i[i III rtrii I In I n 
 
 I'""*^' ^^ *'''H'>"tf be d<M'med iriiilty <»f |»erjiirv, and on conviction luiiiislu'd 
 by Avhi|)[ti!iir <»r ]>illory, as well as by tine and imprison- 
 mont, at the discretion of the ('ourt. And no |»erson so 
 convicted shall be rcccixcd as a witness, or admitted to 
 
 depose c»r ^ivc evidence in any Court of Justice. 
 
 ■ • 
 
 A.D. litfis KHZ..C.9, And if anv iK-rson shall nvoturc or suborn anv witness 
 
 11.486. • ' ' . ' . 
 
 to commit pennrv, ©verv such offender on conviction shall 
 ])0 whipped not exceodinsf thirty-nine lashes, or stand in 
 the. jiillory, ami be tifu'd and imjirisoncd at the discretion 
 of the Cotirt. 
 
 A. A. 1731, ill -isi ^ \ solemn di-ilaration or affirmation on the part of a 
 witness having conscientious scruples as to taking an oath, 
 sliall be received ns equivalent to an oath taken on the 
 Holy Kvan^^elists in all judicial ])rocccdings, and any per 
 sc»n falsely makin<r sucli declaration or affirmation shall be 
 liable to conviction for legal i)erjury. 
 
625 
 
 REFUSAL OF POSSE COMITATUS. 
 
 An}' person summoned as one of the posse comitaius to a. A..1839, xi < . 
 keep the peace, to execute the law, or to a;uard the pul)lic PosufcomiMiiymuyUr 
 
 1- r >- i indicted for refusing to 
 
 jail, and refusing or neglecting to obey such summons, "I'^y «"">">"»«• 
 shall be guilty of a misdemeanor, and upon conviction 
 thereof, shall be' fined or imprisoned at the discretion of 
 the Court. 
 
 ABUSE OF FROCESS. 
 
 If any person nudiciouslv, or for vexation, shall sue, or a. d. ises, 8 euz.. 0. 2. 
 procure any person to sue another, in any civil -action in .. ,,, 
 
 i .7 1 7 ./ .. AbuRe of the process of 
 
 the name of a fictitious person, or without the direction ^I'lj^o'-^rt.^^ 
 
 or authority of the person in whose name such suit is 
 
 brought, and if any plaintiff" shall sue any person, or cause 
 
 liim to be sued in his name, Icnowing the cause of action 
 
 to be groundless or false, he shall be deemed guilty of a 
 
 misdemeanor and an abuse of the process of the (/ourt, 
 
 and on conviction shall be liable, in addition to such fine 
 
 as the Court nmy impose, to refund to the party grieved • j^* 
 
 treble the costs and charges that he may have sustained by ' • 
 
 reason of such false, fictitious, or unauthorized proceeding. 
 
 OFFICIAL MISCONDUCT. 
 
 Any })ublic officer, whose authority is confined to a sin- a. a..is29.vi. 390.. 
 o:le county or iudicial district, may be indicted for offi- An indictment iip« 
 
 c 'y u JO iidninpt district omrors 
 
 cial misconduct, habitual drunkenness, corruption, fraud. f""''"^i«'""''<-""duct. 
 or oppression. For the consequences of conviction. ' i^cc 
 ante, 64. 
 
 BRIBERY. 
 
 If any Slierilf" or Jailer, or liis Deputy, having iu lii^ a. n. iw. sand o w. 
 custody a prisoner arrested for debt, shall take any reward 
 
 ' . . , .. I'eualty on Sheriff, Jail- 
 
 or ijratuitv, <»r the i.»romise or assurance of anv sum 01 -r. etc . for comiption in 
 
 * "^ _ , *, pBcnpp of prinoner con- 
 
 money, or valuable thing whatever, for conniving at or fin. -i for debt. 
 j)ormitting sudi person to esca[ie, and be thereof con- 
 victed, he shall forfeit the sum of two thousand five huii- 
 
626 
 
 dred dolf^Mtt^^ office, ajid be lor ever alior incapable 
 of exercisiug any office of honor, profit, or trust. 
 
 MAIXTKNAXCK' 
 
 A. u. i34«. » w. s. c Xu person, ^real or small, !^b:»ll take in liand or main- 
 tain any leglll co^itroversies or quarrels bnt tlieir own. 
 
 rilAMrKKTV. 
 
 A.I) K»<)4. 3aK.i. 1. r. Chanipiin-i- III. iii.v that ni..>., »<i cause to be moved. 
 *'"*^' jtletiri or huit^, eitbur bv tbeir own procurement or by otb- 
 
 Dfflnition »nd pantnh- . , ' . ^ r ^ \ .. i' 
 
 nipnt "f ommi-rtv, 53 crs, aud sue Uieu) at tJK'ir proper costs, tor to nave part oi 
 the land in Kuit or piu-t nt llio gauis: and all persons «ruilty 
 of ibc oHence shall on conviction be lined and imprisoned 
 in the diHcrctiou of the Court.' 
 
 •Tbedc '<</. t MrC, 263, tliut lliH 8tat. 33Uon. 8, II, 
 
 ■i~2. a^aiiiF't lirii<-cr,v an>l tiuvinj; <>t tiitcs i.' ohsok-tc, hhf rondcrud llio law u^aiiUl 
 Maiiit<-nan<-o and ChamiMTlv of lUtl* »i;:nifl<-anpp. For if thi- (itlo caii bo l>i.uj:ht 
 on BprnilalioB, there ik tuit lid'n- ocoimiun for Maintenancu and Chainpcrty — wliiob 
 lire but iiilcrior iUL-aii» uf nr<'<>iii|<ll>biii)( ibi' same purpose- 
 
Chapter XIII. 
 
 MISDEMEANOR OFFENCES AGAINST PUBLIC MORALS. 
 
 LOTTERIES. 
 
 All lotteries, except such as are authorised by the Legis- a. a.. is46. xi.aes 
 lature, are unlawful, and an}- person setting up a lottery Lottorieg. 
 or oifering to sell lottery' tickets without the express per- 
 mission of the Legislature of this State, shall be deemed 
 guilty of a misdemeanor, and on conviction lined in a sum 
 not exceeding ten thousand dollars. 
 
 It shall be the duty of the Tax Collectors in the several 't 
 districts to make diligent inquiry after oftbnces committed 
 against this law, and to prosecute for the breach thereof. , 
 
 CLAKDESTINE BURIAL. 
 
 If any man or woman endeavor privately, either by gj;'[;'^jY^^^»^''^e^^«pe*'«j^ 
 drowning or secret burning, or by an}- other fraudulent •''^•^■ 
 means, to conceal the biVth of any child, or the death of cian^o„i„e ..nnai. 
 any person, such offender and all that may counsel, aid, or 
 abet such offen<;e, shall be deemed guilty of a misdemeanor, 
 and on conviction punished by fine and imprisonment, or 
 corporal punishment, in the discretion of the Court. 
 
 RETAILING NEAR PLACE OF PUBLIC WORSHIP. 
 
 No liquor shall be sold by retail within one mile of a ^ a. i»n9. v. 5». 
 church, nieetinii;-house, or place where divine service is ny,'!"'"';™* "™"^ p*^*- 
 performed, on days of public worship. And if any person 
 shall j>r»'sume to s<'ll Tupior in snch circumstances liu shall 
 he guilty of a misdemeanor, and on c(»n\iction fined in the 
 
«• 
 
 «S8 
 
 KUin of fifty dollars. l*ruvided. That it t^Lall be lawful for 
 iiuy person having' a license to soil liquor at such times in 
 ^fSt^' lils own house. 
 
 (;aml\<;. 
 
 A. p. iTio. 9 Ann«, c. All ju(ltjnic!»t s. UK "rt ir:iir»'s. CM- oilier securities whatso- 
 "« ever, wliere the whole or any part of the consideration 
 
 All -H^oriwr. for mon^T shall he f»)r nioucv, or other valuable thing, won bv cock- 
 fi^'htini;, horse-nu'in^'. or by pmjing or playini; at cards, 
 dice, baek.:;aniinou. tennis b«»wls, or other icanies whatso-^ 
 ever, or by betting on the sides or hands of the players, 
 or for money knowini^ly lent then and there to play or bet, 
 shall be utterly void and of none eftcct ; and if lands be 
 mortgage<l to aeciirc the pa\nnent of money so won, nil 
 such mortpiges and any other conveyances by way of se- 
 , curity for such money shall be for the sole use and beno&t 
 
 of such [K'rsons as mitrht be entitled to such lands in case 
 the gnintor or the person encumbering the same had been 
 naturally dead: or as if such mortgage, conveyance, or other 
 security had been nnide to such i>erson or persons to whom 
 the same would devolve if the graiit«)i' or ineunibrancir 
 had been dead. And all deeds antl assurances to {»revent 
 the same fr<»m passing to the persons hereby intended to 
 eujoy the same as aforesaid, shall be absolutely null and 
 void and of no effect. 
 
 lb, {2 If any ]»er«*on shall lose at one sitting more than the sum 
 
 or value of fifty dollars, either by jilaying or by betting on 
 the hands <»f those who do play, and shall pay or deliver 
 the game, he shall be at liberty to recover it back, with 
 costs, by an action of debt against the winner, to be 
 brought within three months then next, in wliii-li acticMi 
 it shall be sullicient to allege that the defendant is in- 
 debted, or tliat til' i»t received to the pluintifi"8 use 
 tli<' money so lost ami |i....l, or converted t(» the defendant's 
 use the g<»ods so won of the plaintiff, wliereby the plaintiti's 
 action accrued to him by virtue of the law, without setting 
 forth the (ipecial matter. And in case the loser shall not 
 sue within the time aforesaid, it shall be lawful for any 
 other person, by any such action within twelve month.- 
 
629 
 
 from the commission of the oftence, to sue for and recover 
 the money so lost, and treble the value thereof, and costs 
 :)f suit, against such winner: the one moiety of such re- 
 covery to the use of the person that will sue for the same, 
 iwi] the other moiety to the use of the poor of the parish or 
 district where the offence was committeel. 
 
 And the persons Avho may be liable by virtue of the ib.?3. 
 xbove paragraph to be sued for money won at play, shall 
 l>e obliged and compellable to answer on oath to such bills 
 ?i' discovery, in aid of such action, as may be preferred 
 igainst them in the Court of Equity for discovering the 
 ?ums of money or other things won at pla3% 
 
 But the defendants who shall answer to such bills, and hj. ?*- 
 refund the money or property so won, shall be exempt from 
 my further liability on account of the matter contained in 
 the bill or answer. 
 
 If any person, by any fraud or shift, cozenage, circum- "^- ?'•■ 
 mention or deceit, uidawful device, or ill practice whatso- 
 3ver, b\' playing at cards or any other game, or by bearing 
 a share or part in the stakes, wagers, or adventures, or by 
 betting on the sides or hands of such as do play, do or 
 ?hall win or obtain for himself, or for any other person, 
 money, or any valuable thing, he shall be liable to be 
 indicted, and on conviction shall be deemed infamous, and 
 mft'er such corporal punishment as in case of wilful per- 
 jury. And shall also forfeit live times the value of the 
 iTioney or other thing so won as aforesaid, to be recovered 
 by nnv person that shall sue for the same by an action 
 foniidod on this enactment. 
 
 And if any person shall at one time or sitting win of i^ 
 any other person movQ tlian tifty dollars, and receive the 
 same, he shall be liable to be indicted, and upon conviction 
 fined in the discretion of the ('ourt. 
 
 It shall be lawful for any two Justicea of any district, ih. jr.. 
 city, or parish, upon complaint to them made, or on thoir oamM-r. n. five twu 
 
 * . ^ . , , _ritT for gnoi Iwbarlor. 
 
 ■'■' mtormation, to can-c -nch jici'son- :i< :in' -n-iHctcvl of 
 
sui»]>ortiipj ' Wi'H hv L'niTjinir. to come before tliem, 
 
 and L'ive ~ ,i mm-tiep for their good behavior tor 
 
 hvelve months, unless tliev f»hiill make it appear to tho 
 ,Iiisti<-es tliMt the priiu-ipal part ot' their exi>eiiPe is not 
 maintained bv jranii«»g. And in default of sueh seenrity, 
 the ftftid Justices shall commit the ottender to the eoninion 
 gaol, there to remain till such security be found. 
 
 ib„jT. And if tho parties so bound for their good behavior, 
 
 while un<ler stjch nTognizanees, shall at any one time or 
 sitting play or bet for any sum of money exceeding five 
 dollars, such playing shall be deeme«l a breach of the con- 
 dition of their bond, and such bond shall be forfeited. 
 
 lb. jh. It" any j)erson sliall assault and beat, or challenge or 
 
 , }»rovolce to fight, any jierson whatever, on account of mo- 
 ney won by gaming, or hutting in games of chance, such 
 otfender shall he lialile to be indicted, and on conviction 
 shall be fined in the discretion of the Court, and suffer 
 imjM'isonnjent in the common gaol of the district where 
 coMvictioii >i|i!ill have bfcii had. 
 
 A. A.. 1802. V. 43i. It sliall uot bo hiwful to phiy in any tavern, inn, store, or 
 
 puy in imbiir iinu^ei. i)iil,|ic h(>UPe. uor for till' kicpcr of anv such house to per- 
 
 1(1 plncfd |.r«liibited. * . * i 1 1 • i i > i 
 
 mit Other persons to plav therein: neither shall it be lawful 
 
 A. A IKlfi. VI. 27. . 1 1 • 'i 
 
 to play in any barn, kitchen, stable, or out-houae, or in any 
 street, highway, race field, dpen wood, or public place, at 
 any game with eards or <lice. or at any A B (\ E O, or 
 at any rowlev powley, rouffe ct noir, faro bank, or at any 
 (»tber gaming table or bank of the like kind, nor at any 
 other puldic t4ilde, nor to bet on the sides or hands of such 
 ivi.aitv. as do game. And any .Instice of the Peace, upon his own 
 
 view, or up<Mi infonnation |»y athdavit, sliall be bound to 
 isuue his warrant against all persons so otfetiding, and hind 
 them over w itli gi»od swurity to appear at the next Court 
 of tSesHioiiB for tho <listrict. to answer for such offence; and 
 oil failure of surh security, to commit the offenders to the 
 common gaol; an<l every person found guilty of gambling 
 within tho luenning of this paragraph, shall be fined in a 
 sum i»f live hunclred d«»llars and im])risoned for a period 
 not exceeding twelve months; and every person found 
 
 HIKl 
 
> 
 
 sjniltv as keeper or owner of a house in which such unlaw- • J 
 
 ful gaming took place, in a sum not exceeding two thou- •'j 
 
 sand dollars, and imprisoned for a period not exceeding 
 twelve months, for each and every offence : one half of 
 snch tines to he appropriated to the Commissioners of Pub- 
 lic bnildings for the district, and the other half to the in- 
 former. 
 
 Any person who shall set up or keep any gaming tal)le, a. a., isie. vi, 2t, ?2. 
 snch as A B C, E O, rowley powley, roKCfc H iioh\ or any 
 faro hank, or any other table or bank of like kind, for the 
 purpose of gaming, upon c(^nviction thereof shall forfeit a 
 sum not exceeding live hundred .dollars nor less than two 
 hundred dollars. 
 
 And every Sheriff, Deputy Sheriff, Coroner, Justice of it. js. 
 the Peace, and Constable, before entering on the duties of 
 his office, sliall be sworn to enforce tlie provisions of the 
 law against gaming, as above declared. 
 
 It shall be the duty of the Judge in passing sentence on UvH- 
 every person convicted under the law against gaming, as 
 al)Ove declared, to include in his sentence, as a part of such 
 -rntence. tliat tiie offender be imprisoned not exceeding 
 
 t\v(]\c inoiitlis, if iIk' lino be not sooner paid. 
 
 No license to retail or to keep tavern shall be issued to ib.. ', 6. 
 any per.son that has been or may be convicted of any 
 ottcuce under the law against gaming: and every liceuee 
 granted contrary to this prohibition sliall furnish no justifi- 
 cation for retailing, or kee[iing tavern, but shall he abso- 
 lutely null and void. 
 
 If any white person shall play at any game forbidden l)y a. a. ir34.vm, 4«9 
 law with a froe negro, person of cohir, or slave, or bo 
 
 wiirniLdy present, aiding, and abetting, where any such 
 
 gai ' ' ' ' player or players, lu' shall bf 
 
 dei uieanor. and on (•oii\iction suffer 
 
 sueii ' :. line, or ini]>risoiinient. as the 
 
 ' '\\y\ in , : nil luav adjudge. 
 
," 
 
 1-1 vi.^. ^7. The door of any house in whioh «raniintr is carried on 
 lufty be broken by a warrant rr»»in a Just'u-e of tlic I'eaoe, 
 of the Chief Magistrate o{ any incorporated town. 
 
 "•-I* Any iK-rKiMi tljat may be adniittril by the Attorney-Gen- 
 
 eral or the Circuit {Solicitor, Ut be(M)nie states* evidence, 
 and sjjall honci^tly ffive ln« tentiniony on the trial of any 
 person indicleil ffH* lmmiIih/ -,1. ill Ki' fVi'f from all lln' ]>oi)- 
 al ties of thib lau . 
 
 A A.. 1W6. VI. M4. If any ])er»on shall prestinu' to sel up a gamiiii^-house, 
 
 or a house of prostitution, within ten miles of the South 
 Carolina Collej^e, such person sluili be <leenied a vat^rant, 
 and subject to all the proi-cedim^s and consotiuenees to 
 which vagrants are liable. 
 
 V A (i HANTS. 
 
 A A.. 1787. T. 41. All jtcrsotis wandcrini^ fn»m place to place without any 
 
 Who .re vaftrantB. ^ kuowu residcucc ; all persons residinj; in anv city., district, 
 or parish, who have no visible or known means of making 
 an honest livelihood; all suspicious persons going about 
 tlie country swapping or bartering horses or negroes (with- 
 out pitulucing a cei'tilicati' of good character, signed by a 
 Justice of the Peace of the district or parish from which 
 such persttn is hist come); all persons accpiii'ing a li\eli- 
 liood by gaming or h<»rse racing, witliotit other visible 
 means of gaining a livclilioo<l : all persons who lead idle 
 and disonlcrly livi's; all who knowingly harbor horse 
 thieves and tehuis. and those who are known to be of 
 that character and description; all persons able to work, ^ 
 and occupying t»r being in possession of some piece of 
 land and not cultivating enough for the maintenance or 
 support of the occupier and his family, unless following 
 some handicraft, tra*le, or employment, or having known 
 or visible means ol subsistence; all persons representing 
 jMiblicly for gain or reward any play or ejitertuinment of 
 the stage; all fortune tellers for fee or reward; all sturdy 
 bcgtrars and nnlicensecl ^tcdlars, are and shall be deemed 
 vagranuj. 
 
^^w 
 
 > 
 
 It shall be the duty of a Justice of the Peace, upon the it., m 
 complaint of an}^ credible inhabitant of the district or / 
 
 parish, on oath, to cause "any person accused of being a 
 vagrant to be brought before him ; and if the accused 
 shall not be able to give a satisfactory account of himself, 
 the Justice shall call in another Justice of the Peace to 
 assist him in the inquir}', and summon three freeholders 
 to attend at an early day and an appointed place, to ascer- 
 tain whether the accused comes properly within the de- 
 scription of a vagrant. 
 
 If no other Justice can be conveniently had to join in the i'-?-- 
 investigation, the Justice to whom the complaint is made, 
 instead of three, shall summon live freeholders to assist" 
 him, and the freeholders shall be selected out of twelve 
 res])ec'tablc impartial persons, and drawn by lot from a hat 
 or box : three or five names (as the case may be) first drawn 
 to be assessors of the Justice or Justices in hearing the 
 case. 
 
 The names shall be chosen by the Justice and drawn by H' 
 the accused; or if he should refuse to draw, hy the Justice. 
 And if any freeholder so drawn shall refuse to attend, 
 another or other names shall be drawn in the same way to 
 complete the number; and any freeholder failing to attend, 
 unless good cause be shown for his nonattendance, shall 
 pay a tine of three dollars, to be levied with costs byj:he 
 Justice's warrant, and paid into the hands of the C\>mmis- 
 sioncrs ot the Poor for the district or ]t:irish. 
 
 As soon as the two Justices and three freeholders, or one n-. m 
 Justice and five freeholders shall have convened, they shall 
 inquire into the truth of tiie charge against the accused; 
 and the voice of the Justice or rlustices, with a majority of * 
 the freeholders, shall decide whether the accused is or is 
 not a vagrant. If they acquit the accused, he shall go at 
 large. If they condemn him. he shall give good security 
 for his u:oo<l hclijivior for the next twelve months, or upon 
 failure to give such security shall he coinniitt(»<l to i;iil ns n 
 v:iii;rant until the next sitting of the Coinf ■ 
 unl(>ss the ■security be >ooiier givoi. And it ,sli;ill ln' tlio 
 7 
 
684 
 
 b duty of the Justice or Justices to tninsiuit xo ihe Court of 
 
 Sessions for the tiislricL, ten tla\> hcforo the sittin^j of the 
 Court, if so many days iuterv§ue, a fair copy of their pro- 
 ceed in tr**. 
 
 n._l5. And if such security be not given in the meantime, the 
 
 accused shall ht- i«i(ji«t«'d as a vairnint. and if »onvieted, his 
 services for the space i>f t^Vl•lve nioiitlis shall he put up for 
 sale on the lant day c»f the C'ourt. 
 
 avk-. And he shall he in«lente<l to the person avIio shall Itecome 
 
 tlie purciniser by a cerlitieate of sucli sale from the Olerk of 
 the Court; and the money received from the jiurchaser 
 .«hall be applied t<» the ]iayment of the costs of the proceed- 
 ings, and the overplus, if any, shall he reserved, to be paid 
 over to the indented servant upon the determination of his 
 servitude, if he shall then jiroduce a certificate from the 
 / purchaser that lie hits fnithfiilly served his time. Other- 
 wise, such suqdus shall he paid to the Commissioners of 
 tlie I*oor for tlie distriet ov jmrish ; saving, nevertheless, to 
 the aeeusi'd the nL'ht «if apjiealing to the Court of Appeals. 
 
 A A. 1744. in. 022. Jt shall he tlie duty i»f the purchaser to sup[»ly his ser- 
 vant with deeent f«K»<l and elothing, and medieal treatment 
 wlieii sick. And if the servant shall run away, he shall 
 serve at the rate of one week for every days uhsence iu 
 addition to his term: such additional service not to exceed 
 two yeai*8 «)ver and above the term tor wliieh he was 
 indented. And for every mt ol mishelia\ior or disobedi- 
 ence, he shall he liahle t«» he |iunished as any two .Jiislices 
 of the district or pari>h may aiilli(»rise or direct, according 
 to tin- natur«- of iht; ollonee. hy corporal piinisliiuciil or by 
 
 a(liliti«Mial service. 
 
 « 
 
 A. A., iT^T. v,4.i. j(j. And in ea*ie no pei>on will imrchase the serviees of the 
 oil'ender, hu shall be adjudgetl lo (piit the distriet within 
 three days; and in ciwo ol his refusing to «lo so, or rcturii- 
 ing ufUsrwarti witln»ni u tertitieate of his good hehuxior 
 from a .Judge of the ('ourt of fcjession%or giving security 
 f. .1 1 ' lichavior, he shall be liable to be whipped ou 
 
 ill' I . and liccive not less than ten nor more thau 
 
) 
 
 thirty-nine lashes, or be set to hard labor for a term not 
 
 exceeding one year. - 
 
 If any Justice of the Peace shall fail or neglect to exe- ^^-i^- 
 cute any of the duties herein set forth and prescribed in 
 relation to vagrants, he shall be liable to a penalty of fifty 
 dollars; and any constable neglecting or failing in his duty 
 in relation to tlie same matter, shall be liable to a penalty 
 of twenty-five dollars, to be recovered by information in 
 the Court of Sessions : one moiety to the informer, and the * 
 
 other moiety to the (Commissioners of the Poor of the dis- 
 trict or parish where the otfence was committed. 
 
 And if any informer do prefer a complaint against au^ u... ?9. . 
 person as a vagrant, from malevolence or spite, without 
 any just ground of accusation, and this shall be made to 
 appear on the trial of the accused, such informer shall for- 
 feit to the accused the sum of twenty-five dollars, to be 
 awarded to him bv tlu' Justice or Judge. And if an}- per- 
 son shall prosecute a Justice or Constable for a neglect of 
 duty in relation to vagrants, and fail in his proof of such 
 neglect, he shall be amerced b}' the Judge in the sum of 
 twenty-five dollars over and above the costs of suit. 
 
 And no Justice shall be liable to any penalty for a sen- n,., jio. 
 tence pronounced against any vagrant, if the judgment be 
 given in the manner and with the restrictions hereinbefore 
 set forth. 
 
 Any person who shall presume to set up or keep a house a. a . i^tr, vi jvoi. 
 of prostitution, or a gaming house, within ten miles of the 
 South Carolina College, or become an inmate of, or assist 
 in keeping such a house, shall be deemed a vagrant, and 
 lial)le to all the proceedings herein authorized against 
 vagrants. 
 
 All Justices of the Peace within the Town of Columbia, i"- 
 arc authorized and enjoined to proceed on tlu; com|»iaint 
 of the Faculty of the College, through their prcsi<iir>g of- 
 ficer, to i»ut this l^w ill force against any person arcnsod 
 of the offence of keeping a house of profcititnti(»n. or a 
 -iming house, within ten miles of the South Carolina 
 ■i]ci;e. 
 
>A! . tMtt r1 ii. f«* A<l. 
 
 MI-1MMI»^". — MiirviiK ».;v!\-;T IMIU.K' riAfF,. 
 
 r 
 
 FORdliJLE KXTin AND 1»KTAIXER. 
 A.P.13ST. 5H. 2.r.;. J^o persoH sIkiII iiiMkc (^ntrv int<i land liv force or fraud. 
 
 II. 443: 14». 8 Hen. "• * . 
 
 1 '■*",• "•,,*^."l- .VP -' but onlv ill an oinm ami itcaci'aMo nuuiiior. And if any 
 
 J«r. 1, c. 33, II. *U>. f • 
 
 person do to tlu- rontrarv. lie sliall l»c imiiislied hy tine and 
 inii»n.<oninent, or eilher; and if iho l)arty disposj50.><.scd 
 have any subsisting interest in the premises, pot'sossioB 
 shall he restored to him. 
 
 .«ta«<- r. Burt. 2 Tr.a.i.. Tf an eiitrv he nKuh" uidawfully on a jiarty in actual and 
 
 ?tator.BennMt.iKi..'8quiet posseHSion, and thi' pos.><cssion thus usurped he nniin^ 
 
 /■ tainod by acttial force, or with such wc^'ds or gestures as 
 
 imply a determination to use force, this shall be deemed a 
 
 forcible entry and detainer. 
 
 stntn r. Dii.vi.v. 2 N. All iinHctnionts for fi»rcihle entry and detainer shall he 
 tried at the same term at which the hill is found, uidess 
 the case he continued on ^ood < atise shown to the Court. 
 
 A D. 1391, 16 u. 2 . Tf an entr\ be made forcihlv or surreyititionslv, and t)Oft- 
 
 2 n. 44.-J: A. A.. 1817. • i i i *i .• .^l .' ,• i " 
 
 vi.cT. session Ih'mI liy force, tlie party so (usi)ossessed, upon com- 
 
 plaint to any tw(» .Instices of the district in which the 
 prumisew are sitnnte, chMJl he tntitled to an in<|uest of 
 forcible entry and detainer. 
 
 I'ractico iiiider the St. Such application to the .(ijetioes shall he made hy aftidar 
 1.M1.2.C.2. ^1^ stntinjr the actual ; n of the party grieved, the 
 
 unlawf^il entry and forcini. d.iainei- of the defendant, and 
 [)rayin2r n writ of restitution. 
 
 .Sco Jury, 401. 
 
 On receiving sin-h eoinplaint, it shall he the duty of the 
 Justices to issue their warrant to the IShcritf of the district, 
 
637 
 
 > 
 
 commanding liim to summon twenty-four freeholders, to be } 
 
 drawn in the manner prescribed in such cases, to be and 
 appear before them at a time and place certain, to inquire 
 of the matter ; and the}' shall also summon the defendant 
 to show cause, then and there, why restitution of the 
 possession of the disputed premises should not be ad- 
 jud<i::ed to the party complaiiuint. And the jury, having 
 been summoned and sworn, shall inquire whether the 
 party com])laining was, at the time when the sup])osed 
 injury was done, in actual quiet possession of the jtremises, 
 and whether the defendant actually ousted him, and de- 
 tains the premises by force. And in case the jury iind 
 the defendant guilty, the Justices shall issue a writ of res- 
 titution, directed to the Sheriff, requiring him to turn out 
 the defendant, and all claiming under him, and to put the 
 party grieved in possession of the premises, and to levy 
 the costs of the proceeding, to be taxed by him of the 
 lands and goods of the defendant. And the operation of 
 such writ of restitution shall not be stayed by an ajipeal. 
 And the proceediuu's shall, otherwise, in all respects con- fJo,> Lamiior<i and Ten- 
 
 '^ . ^ ant. anfe, 498. 
 
 form to the course prescribed by law for the recovery of 
 possession against tenants holding over. 
 
 UNQUALIFIED IIUNTIKG. 
 
 Xo person shall be allowed to hunt or kill deer, turkej's, a. a. I'^.'i.'v. xii,406. 
 ducks, or other game, nor to set a trap or snare for taking 
 or killing game, or set a trap, draw a seine, or use any 
 contrivance for taking or killing iish, except those wlio are 
 residents of the state, Xo person.s shall be deemed resi- 
 dents except such as have their actual domicil in the state. 
 
 Anv nonresident of the state who shall ollend in the Th.>miniinnmipatothe 
 
 ilixrTction of tbc Jaofe. 
 
 premises .shall be liable to be indicted, and on conviction 
 fined not exceeding two hundred dollars, and imprisoned 
 not exceeding three months. But nothing herein con- 
 tained shall prevent any man from hunting or fishing on 
 his ow^n land, or on another's land with the owners per- 
 mission. 
 
 J 
 
 \ 
 
'<^> 
 
 C'nAi'Ti:i; .W. 
 
 MISDEMEANOH — OFFKNCKS AUAIXt^T PUBLIC SAFETY. 
 
 f 
 
 N r ISAXCE. 
 
 -^■'"' W iiiiv j>c!s«)!i, 1)V lu't^liM't or rttiMiivance, shall fail in his 
 
 vtiniHi.uient for keep- (Jufy gg jj mustcr, to ciiforcc Oil liis ncffrocs the rules of 
 
 init B disorderly plaula- »- ' iT 
 
 """• ffood order and respect for the ri<rlits of ]»roperty, or snftep 
 
 his plantation to he infested with thieves, or heeonie an 
 annoyance to his neiphhoi's. lie shall be liable to be in- 
 dicted, and punished as for a nuisance in kee[iing a dis- 
 orderly ]»laiifation. 
 
 A. A. 1809, V, 697. No huildintT or erection of any kind sliall be put on the 
 
 public squares where the ifaols are built in the several dis- 
 tricts, exce])t such buildinir!* *">r fences as may be erected by> 
 the gaoler residine: in tin- yard, for his private accommoda- 
 tion. And any juM'soti wiio shall offend herein shall be 
 deemed guilty of a misdemeanor, and liable to be indicted, 
 and oil conviction shall be tiiied in a sum not less than one 
 Imiidicd nor more than one tlioiisand dollars. 
 
 A. A., 1719. vii (w. No person, an inhabitant of Cliarlcston, sIkiII kccj) in 
 
 any house in Cliarlesloti more than one (]uai*ter of a barrel 
 of powder, under the penalty of tifty dollars for every 
 month (birinL' which h ari'eater <|uantitv shall be kept. 
 
 A. A.. 1815., vir. ii7. '''!'<■ ^"'^^ < wuii. il itn- :iMili(iri/,cd to erect a brick mag- 
 azine witliiii the eiiclonuro of the city burial-ground, near 
 the banks of Ashley river, tor storing gunpowder, in addi- 
 tion to tlie magazine at the shijt-vard. 
 
 A. A.. 1770, IV.;f.'0. 
 
 All the powder owiM'd in Charleston, over the quantity 
 allowed by law to he kejtt in the houses of the people, 
 shall be stored in the magazines. 
 
 i 
 
> 
 
 A 639 
 
 Any person who shall put any fish-trap near any boat- a.a., isio. vlsi ; 
 
 sluice, so as to injure the navigation of the river, on con- 
 viction of such nuisance shall be fined in the sum of one 
 hundred dollars. 
 
 SETTING FIRE TO WOODS. 
 
 No persoil shall put fire to the woods, nor cause the xn gn""'"^'^'^^"^*"'''' 
 same to be done, nor be assisting in any act leading to Penalty for setting a.. 
 the conflagration of any forest, fields, or marshes; and if *" t^e woods. | 
 
 any person shall wilfully or negligently set fire to any * 
 
 woods, or burn any grass, brush, or combustible material, 
 so as to set the woods on fire, he shall be guilty of a misde- 
 meanor, and on conviction shall be liable to fine and im- 
 prisonment at the discretion of the Court, and moreover be 
 liable to the action of any person injured thereby. But no 
 person shall be prevented from firing the grass or herbage 
 within his OAvn bounds, so that he do not sufier the fire to 
 spread to the lands of his neighbor. ^ 
 
 And if any slav^ shall offend herein without the direc- na- 
 tion, consent, or knowledge of his master, he shall on con- (''"vp to bo p.niighe.i. 
 
 ' ' ~ ' unieR8 theinaxtorassuinef 
 
 viction be punished by whipping, not exceeding thirty-nine *''«'^''*p«"''"'''''v- 
 lashes, unless his master will pay the amount of the dam- 
 age done, and costs, to the injured party. 
 
 POISONING CREEK. 
 
 No person shall presume to poison any creek or water- a a. 1-26. in.2«» 
 course for the purpose of taking fish, or for any other rf'^>'«i».v f-" r«>i»ouing 
 purpose whatever ; and if any white person shall ofiend 
 herein, he shall, upon conviction, be punished as for mis- 
 demeanor. And any slave who may be guilty of such 
 offence shall be publicly whipped in the discretion of the 
 Court. 
 
^ 
 

 
 BOOK V, 
 
?^ 
 
 BOOK V. 
 
 Chapter I. 
 
 PUBLIC ARMS AND MUNITIONS OF WAR. 
 
 ARSENALS, ARSENAL KEEPERS, AND MAGA- 
 ZINES. , 
 
 No person elected to the office of Arsenal Keeper and a. a . 1791. v. 238. 
 Powder Receiver shall continue in office longer than four Term of oABce. 
 years, unless re-elected by the Legislature. 
 
 No person appointed to the office of Arsenal Keeper and i''- 
 Powder Receiver, shall discharge the office by deputy, Tin- ^y^'^*^p*"Jy''« ^»<=''""k^ 
 less in case of sickness. 
 
 It shall be the duty of the Governor, from time to time, a. a., iris. vni. 521 
 to examine, or cause to be examined by some proper offi- oovemors visiuforui 
 
 ' ,J I I power nnd authonty to 
 
 cer, the situation of the respective arsenals throughout thej;^'"'^^ ^"^^^^ ^^^'''■ 
 
 state, and require security from the Arsenal Keepers, and 
 
 remove, them for negligence, improper conduct, or inca- • 
 
 pacity for performing the duties devolving on them as 
 
 such ; and to appoint, in case of removal, other persons 
 
 to supply the vacancies thereby created. 
 
 The arms and munitions of the state shall be divided in a. a. 1K33. vi. 4«h. 
 such proportions as the Governor may direct, between thc^j|^.';.^r;;'';)/^^j^"^^^,*»^ 
 arsenals and magazines in Columbia and those in Charles- 1;; •|;;y'^i^\';'"^;;;*™„ 
 ton. And all the other arsenals and magazines in the state ;]'„V'^;;"^,„''^^."^ 
 
 „i 111 1 • , • 1 thcwe in Charleston. 
 
 shall be discontniued. 
 
 There nhall be constantly retained in the public arsenals, {J^ni^ ^^, <^,, t„ u 
 fit for immediate use, at least ten thousand muskets and'*'"^ 
 
644 
 
 rifles, two thoupand swords, and four tliousand pistols, 
 with an adoqnato and proportionable quantity of accou- 
 trements and other munitions of war : and none of the 
 above articles shall be issued, except under the order of 
 the Commander-in-Chiof. and in cases of great public cxi- 
 genc\'. 
 
 The Arsenal Keeper and Powder Receiver of the Colum- 
 bia arsenal shall trive bond and seenrity in the sum of ten 
 thousand dollars for the laithf'ul performance of his duties, 
 and receive an a compensation for his services four hun- 
 dred dollars per annum. 
 
 The Arsenal Keejier and Powder Receiver in Charleston 
 shall receive a salarv of seven hundred dollars, and give 
 bond and security for his good behavior in the sum of 
 ten thousand dollar's. 
 
 The Arsenal in C^olumbia and Citadel in Charleston 
 converted into Militaiy Seliools. Sec MUHary S'/i'iola, 
 a)cU, 229. 
 
fl?> 
 
 ) 
 
 Chapter II. 
 
 PATROL. 
 
 orgaxizatioj^, duties, local regulations. 
 
 1. Every free wliite male inhabitant of the state above a.a.. isae xi.a; 
 the age of eighteen years, except such as have attained the 
 
 age of forty-five years and do not possess a slaves, shall be 
 liable to perform patrol duty in his proper place when 
 duly summoned. And all aliens and transient ]»ersons 
 wli') shall have resided Avithin any" patrol division for six 
 months, shall for this purpose be considered inhabitants. 
 And no officer in the militia shall be excused from the 
 performance of patrol duty, but every such officer shall be 
 liable to be called out by the Leader of the l^atrol in his 
 division : Provided, That nothing herein contained sliall 
 affect any alien citizen of a state, or subject of a power 
 actually at war with the State of South Carolina. 
 
 2. It shall be the duty of the Captain and officers of the ib.,58. 
 several beat comjianies to cause their several beats to be 
 divided into patrol divisions or districts, which divisions 
 when once made shall be permanent until changed by a 
 majority of the officers of the company. 
 
 3. The Captain or officer in command of the beat, shall i\>. 
 have a roll ma<le out for every patrol division or district in 
 his beat, including the names of all persons in the several 
 districts liable to patrol duty; and at every petty muster 
 
 hf shall mark the persons that are to do i)atrol duty in 
 tliat <li8trict till the next petty muster, and appoint a pru- 
 dent and discreet man from the nund»er to be leader of 
 the band for that period; and shall give the leader notice 
 of his api»ointment, and of the men under his command. 
 And for failure of his duty in this behalf, the Captain or 
 
\ 
 
 Ih^^ 
 
 646 
 
 officer oonnnaiuling any beat coiuiiany shall be liable to a 
 Court Martial, and on couviction t<hall Ik- lined in the sum 
 of thirty dtillars. 
 
 >«»- 4. The Leader of Patrol shall have full power to keep his 
 
 nuMi under proper 8ubji*«'li<>n to his authorit}' while artiuLT 
 in the dischar^r of his duty; and for any act of disobe- 
 dience or disorderly conduct during such period, any of 
 his men shall be subject to be tried, and fined in not less 
 than two or nntre than twenty dollars, by the sentence of 
 a Court Martial. And if the leader shall act disorderly 
 while on <luty, he shall be liable to be re[»orteil to the 
 Captain or Connnandcr of the Beat, who shall reitort him 
 to a Court Martial for trial, and if convicted of disorderly 
 conduct, he slnill be subject t(» a tine of not less than five 
 nor more than fitly (ImUmps. 
 
 lb- _, 5. It slmll be the duty of every leader to call out his 
 
 patrol at least as often as once a fortnii-ht. 
 
 lb. 59. (J. The patrol wln'u called out shall take uii all slaves 
 
 found out of the plantations to which they belon<j:, and 
 examine them; and unices tlu'V have a ticket or permit, or 
 some letter to sliow that they are lawfully absent, uv be in 
 company with some white person to give an account of 
 their business, they nuiy be nnidcrately corrected by whip- 
 ping to an extent of not exceeding twenty stripes: Pro- 
 vided, That nothing in this law shall extend to slaves in 
 any incorporated t«).vn or village, going at large with con- 
 sent ot the owners, between daybreak and nine o'clock in 
 the evening. 
 
 l'()\Vi:i;s. 
 
 n». 
 
 iif Irnfflr, iiriiiB. i-tr 
 
 7. The patrol ai"»' authori/cd to enter any house sus- 
 T.. Kc^rch hUHpici-uK pccted of being a disitrderly house, and to search any boat 
 
 limi-'cn hikI seize mm- i .. _. < 1 <• : 1 1 \ i Jil • v \ \ ' 
 
 i..-,t.Mi ,..r«...H.iii-ti.i«i. or vessel bUHpeclcd ot illegal Irafiicing, or ot harboring 
 runaways, and niay arrest any persons found there under 
 suspicivu« circumstances, and take them before the next 
 •lustice to be dealt with according to law; and may seize 
 and take before such Justice fcjr incpiiry, such produce or 
 
647 
 
 articles of trafRc as may be suspected to be stolen, and 
 any lire-arms or oifensive weapons in the unlawful posses- 
 sion of any slave," and may correct such slaves as may be 
 illegally assembled there. 
 
 
 8. It shall be the duty of every owner of a l)oat navi- ii>. 
 
 2;atino^ anv river, creek, or canal in this state, and manned noais nmnneiiin whole 
 
 ^ ' " . Ill IT in part witli tulaves. 
 
 m whole or m part by neirrocs, to have on board the boat, "••''■ proviried with a doo- 
 
 ^ ^ ^ ^ ' umcntary list of the no- 
 
 in readiness to be produced when required by the patrol, F''*""'' "^""' "^^' "'" 
 
 f ■•■ "^ 1- lip trpafi'il as ]iprgnii<i mis- 
 
 or by a Justice of the Peace, a list of all the negroes and '"''""'• 
 persons of color, whether bond or free, composing the 
 crew, and the names of the owners. And in default of 
 such document, the crew shall be considered persons found 
 in suspicious circumstances, and they and the cargo of the 
 boat dealt with accordingly. 
 
 9. Every meeting and congregation of slaves, free ne- n.. 
 groes, and persons of color, in a contined or secret place, 
 barred or bolted to j>rcvent free ingress and egress from 
 the same, e\en if a part of such assemblage consist of 
 white persons and the purpose of the meeting be for men- 
 tal instruction, shall be deemed an unlawful meeting, and 
 the doors may be broken and the meeting dispersed by 
 the Patrol, or by a Justice of the Peace, Sheritf, Con- 
 stable, or militia otticer, who may call in wliatever force 
 may be necessary foi' the pui'pose. 
 
 10. The olticors dispersing an unlawful meeting ma\-, if n,. 
 necessary to }»revent a repetition of the offence, impose 
 cor[)oral punishment on such slaves, free negroes, and per- 
 sons of color as may be found there, or cause them to be 
 <h'livered to a Justice of the Peace to be punished, not 
 exceeding twenty lashes. 
 
 ll.'Kvery othccr and other person entering and dispers- ,,, 
 ing an unlawful meeting of slaves, free negroes, or persons 
 of color, shall be free from all suits, prosecutions, or" indict- 
 ments, on account of anything done in pursuance of the 
 letter and ini-aning oi' this law; and any person suing such 
 
 " .So* anit, Xtufgo 20. 
 
\ 
 
 (34^ 
 
 officer or other person, ami tailing iu liis suit, shall forfeit 
 and pay treble costi*. 
 
 lb Nothing herein contained shall be construed to authorise 
 
 any person to break into any churoh or place of Avopsliiji, 
 wherein a nnyohty are white pcreons, at any time before 
 nine o'clock in the evening, unless by a warrant from a 
 Justice of the Peace. 
 
 ib.,«) Every Leader «»f Patrol .'^hall be autliorised to apprehend 
 
 and correct any slave found without his nuister's premises 
 w'th a gun, pistol, or other oticnsivc weapon, and to seize 
 such arms for the use of the regiment, unless such slave 
 shall be on' lawful business, or in coini>aiiy with a white 
 person not less than ton years of age. 
 
 It shall be the duty of a Leader seizing such arms or 
 weapons to report the seizure to the nearest Justice of the 
 Peace within ten days, and make oatli of the time, place, 
 and manner of taking the same. And if tlic Justice shall 
 be of opinion thai the athdavit of the leader furnishes sutli- 
 cient ground f(»r impiiry, he shall summon the owner, over- 
 seer, oi" j)erson having control of the slave from whom they 
 were taken, to appear and show cause why sueh arms or 
 wea[»ons should not W' eondemncd, and shall give ten days 
 notiee of the time and place of hearing. And in default of 
 the owner or person so sunimoned to appear, or to show 
 sufHcient cause to the eontrary, the arms or weapons 
 shall be eondemncd ami sold, and the proceeds paid over 
 to the Tayniaster of the regiment. liiit if the Justice 
 should be satisfied that such arms or weapons were not 
 liable, in the cirenmstances in which they were taken, to 
 be seizetl, he shall onh-r them to be restored to the owner.' 
 
 A.A.. 1839. xi.6». {10. 1. Livery Leader, at the next petty muster after his 
 appointment, shall make a return on oath to the Captain 
 of the eom[iany of the service performed, and of. all de- 
 faulters under liis command ; and on failure so to do, shall 
 be reiK)rted to a Court Martial, and on conviction fined in 
 the sum of twenty dollars. 
 
 » See Ante, 20. 
 
649 
 
 2. Every (lefanltor in the%perforniance of patrol duty 
 shall be re[)orte(I to a C<Mirt Martial, and on being con- 
 victed of such default shall forfeit and pay for every de-" ' 
 I'ault a Hue oi' two dollai's. and ten per cent, on tlie i^eneral k 
 ;tax for the precedin<>; year, assessed on his property in the 
 district or i)arish in "which he is a defaulter, 
 
 ■]. It shall be the ])rivile<;'e of all persons liable to patrol 
 duty to pertonn tke service by anotjier able-bodied n)an, 
 not liable to the same duty at the same time; and the 
 semce of the substitute shall enure to the beneiit of the 
 principal. 
 
 4. All persons neglecting or refusing to perform the 
 duty required by this law shall be amenable to the same 
 Courts Martial before which officers and men are to be 
 tried for breach of the militia laws. And executions sludl 
 issue. and lines be collected in the same manner as militia 
 fines. 
 
 .'}. Tlie power and duty of regnlatiiiii; the ])ati'oI is de- 
 volved upon, and vested in, the municipal autliorities of 
 |,the incorporated towns ami villages, witbin tlieir several 
 corporate limits, in whom is vested tlie full jxiwer to regu- 
 late the time and nnmner of performing that duty. 
 
 (). If any i^atrol sliall beat or abuse a slave (}uietly and 
 peacably being on his master's plantation, or found any 
 where without the same with a lawful ticket, he shall 
 forfeit the sum of iifty dollars, to be recovered by the 
 owner in an action of debt, or to such dt^mages as the 
 owner may recover in an action of trespass. 
 
 7. Every <nvner of a settled jilantation shall keep on ^ 
 Buch plantation a white man capable of performing |tafrol 
 duty, under the pemdty of fifty cents per head per montii 
 for eacli and every working slave on said plantatinn, to be 
 recox'crcd by indictnn'iit: balf to ibc informer, ball" to tlie 
 use of tbe state; Froridcd, that this law shall imt affect any 
 person tliat resides on the }ilantation six months in the 
 year, or who sball employ there less than fifteen working 
 bands. 
 
650 
 
 No toll nliall l>c dcniaiulod. at any l>i'nltrc, ferry, or turn- 
 pike of any perrtun padnin^ in the pcrfonnanco of patrol 
 duty. 
 
 Any porjjon sued f«>r any act done in the porfonnanoo 
 of patrol duty may jilond tho general issui'. and y^ive tho 
 special matter in evidence. 
 
 A A., isjp, XI, 125. Whenever, from any eauae, a heat shall be without eom- 
 niissioiK'd ofticern f«»r thn-c nxuiths, it shall he tho «lnty of 
 any .luslice of tlu' I'cace within the heat, to wiiom notice 
 of the fact Khali or uniy he given hy any iidiabitant, to 
 issue the patml warrants, and see to the execution of the 
 patrol duties within the heat according to this law. And 
 such .Justice df the l^eace shall cause the returns of all de- 
 faultcTH to he made to the next regimental Court Martial 
 that has jurisdiction over the heat, for adjudication and 
 jjunishment. 
 
 rATlioL ON ("ilAKLKSTOX NECK. 
 
 A. A., 1866 XII 4,'iR. Witliiii tliMt porliou of llic railsli dl" St. Philip not in-j 
 cniniiHsiomrn of crrmi. eluded withlii tlic corjioratc limiLs of the CMty of Charlcs- 
 
 R'kkIh inventcHl with llic , ^i/i •• j'/i 1IMI 1 1 
 
 .r<„'"iiii"n ..f patrol uiitoii, tlic Comu) issioucrs (.»! C/r(»ss Koaus sljall liave st>le and 
 
 Cliarleatuo ueck. , . t. \ ' r l 11 . 1 • 1 I • i. i 
 
 exclusive power to classny and arrange all I he iiilialntants 
 thereof liahle to perform |i;itrol duty, and to administer 
 and execute the jirovisions »)l the jialrol law as estahlished 
 by this code. 
 
 lb. That tho >ai<l ("oiiimissioners of Cross Koads shall have 
 
 Committro of ihrpi. to jKiwcr to app<)int a committee, i-onsisting of threi' of their 
 
 piWH iiixiii the rclurim irf ' i • i • i n i I'l i 
 
 tboioaJtrB. own iiody: wliicn committee sliall hold a ( ourt at such 
 
 time as may h«* appointecl hy the l>oar(l,an(l try and decide 
 ^ upt)n all returns «»f tlelault tir irregiilarily in the perlorm- 
 ance of patrol duty within the said limits; and each patrol 
 leader shall make to the said Court an ollicial return of 
 all defnult*jrs within three days succeeding the delanll 
 committed. Ami in <'ase of apiieal from the decision of 
 said C'ourt, the appeal shall he to tlu- Hoard of Commis- 
 sioners, whose (h;cisi(»n shall he final ; and for the purj»ose 
 of hearing such appeals, the Board shall meet regularly 
 
651 
 
 at some convenient place to be by them appointed, on the 
 second Monday in Juniuiry, March, and September of each 
 year. 
 
 All snmmonses for patrol dntv within the said limits ^ii Ki.mmonscfl shaii 
 
 ■ Btalf wlicri! excuses shall 
 
 shall state when and where the said Court will meet, and ''"""'''''• 
 
 . . 1 -I 1 ■ Appeal to tlic board. 
 
 wherever any fine is imposed by detault, notice shall be 
 
 left at the residence of the person so fined within fifteen 
 
 days after the imposition thereof, stating the time and 
 
 place for defaulter to otter his api)eal. And it shall be Exemtinn to !).<,„• at 
 
 the duty of the Chairman of the Board of Commissioners, ■<" ""' 'om.ttc.i. 
 
 . , . , . ,• 1 • n -I • Duty of Bheriff. 
 
 witlun thirty da^'s after the meeting h>r lieanng ajipeals, 
 to issue an execution against all persons fined by the 
 Board, or 1)}' the committee, which execution shall be 
 served by the ISheritt' as in cases for the collection of pa- 
 trol and militia fines. And for his services the Sheriff 
 shall be entitled to the same fees ; and he shall account 
 and pay over to the Treasurer of the Board the sums in 
 his hands, quarterly, under the same penalties as are 
 levied on other Sheritts for default in the collection and 
 payment of patrol fines. I^ut any fine for defaults of 
 ^)atrol duty may be discharged by the defaulter, without 
 costs, 1)3' payment to the Treasurer of the Board within 
 twenty days after the fine imposed. 
 
) 
 
 I 
 
 PART . / 
 
 O li a p t e V . • ^^ 
 
 V 
 
 MILITIA LAW. \ V 
 
 I. — The Commander-in-Chief, 
 II. — Organization. 
 
 A. — Divisions, Brigades, Regiments, Battalions 
 
 and Beats. ^ 
 
 III. — Officers and their Duties. 
 A. — Conim issioned. 
 
 (a.) — Qualitication and Terms of OiSce. 
 
 (6.)^-Major and Brigadier-Generals. 
 
 [c.) — Colonels, Lieutenant-Colonels and 
 
 Majors. 
 (d.) — Adjutant and Inspector-General. 
 (e.) — Quartermaster-General. 
 (/.) — .ludges-A dvoeate. 
 (f/.) — Commissaries-General. 
 (A.) — Surgeon-General. 
 ( /. ) — Apotliecary-Gcneral. 
 (j.) — raymaster-General. 
 (/i'.) — Company Officers. 
 [l.) — Ilesignations and Vacancies. 
 B. — Non- Commissioned. 
 
 {a.) — Sergeants, Corporals and Clerks of 
 Companies. 
 IV. — Volunteers. 
 
 A. — Cavalrg. 
 B. — Artillery. 
 C. — Riflemen. 
 
 D. — 3Iatual liights of Beat and Vohintier Chm- 
 panies. 
 
 I 
 
V. — Coirts-Martial. 
 
 A . — ( 'ompositlon. 
 W. — I*roccdiire. 
 C. — Decisions. 
 ^'I. — FiXKs AND Forfeitures. 
 
 VII. — KXEMI'TIONP, FURLOUiSHS, APPRENTICES. 
 
 VIII. — l><t«)K.«j or Ln.*?tructiox, etc. 
 
 IX. rXIFORM.'^. 
 
 X. — Invasions, Insurrections, etc. 
 XI. — Pir.i.ic Arms. 
 XII. — l'uiviLK<ii:s. 
 
 XIII. Sl'IXIAL AND L<t("AL Ac:j^S. 
 
 XIV. — Protection against Suits. 
 XV. — Acts of 18(50 am> ls<U. 
 
 I. — Commani»i:u-in-Chief. 
 
 Const.. Art. II. JO. Tlio ( i( )vc'rii()r sluill bc the Conuiiandcr-in-Cliiof of tlic 
 
 army and navy ol the r>tato and oi its niuitia. except 
 \\]\vu calKd into tlie actual service of the C'onfederate 
 {States. 
 
 .\. A.. 1841. XI. 170. ^5. In addition to his stall', prescribed by law, he may 
 '"""'"" '""''■ appoint and commissicm ten Aides-de-camj), to rank as 
 
 Lientt-naiit-Colonels, and to be removable at i>leasuro. 
 
 a.a..i84i.xi.ir2.?.3'2. Ho mav aHsem])le tlie militia, or anv portion thereof, at 
 
 Ma.v a^Hciiiblc tliuniili- * " , 
 
 tia anvwiiore. nwch phices of rciidezvous as he may deem iit. 
 
 ib..204. ?i:!7. lie and his suite, with tlieir servants, horses and carriaijes, 
 
 Kioniptioh fioni tc.ll. . , '^ 
 
 when travelling on olHcial business, shall be exempt from 
 the jiayment of toll at all chartered bridges, ferries and 
 turn]»ike roads of the State. 
 
 II. — Organization. 
 A. — DiLUffioihs, Brifjtu/tSy licglmcnt^^ Battalions and Beats. 
 
 a. A..1841, XI. 175.170, TIk' State of Soutli Carolina shall be oricani/.ed into live 
 oricftnizntion of ti.o MiHtarv DivisioHs, ten Brigades and forty-six Ke«riment8 
 
 State into Dlvisioim and • -,,,... . 
 
 B"K«'«»- of Infantry. K.ach Division .shall consist of two Brigades 
 
 I 
 
D a ^ 
 
 of Iiifantiy, (besides Cavahy). Tlie first Division shall 
 consist of the judicial districts of Greenville, Pickens, An- 
 derson, Abbeville and Edgefield ; and the first, second, 
 third, fourth, fifth and forty-second Regiments of Infantry 
 shall constitute the First Brigade of Infantry; snid the 
 sixth, seventh, eighth, ninth and tenth Regiments of Infan- 
 try, the [Second Brigade: the Second Bivision shall consist 
 of the judicial districts of Barnwell, Lexington (except the 
 Dutch Foi^'k, between the Broad and Saluda rivers), Orange- 
 l)urii:h, Colleton, Charleston and Beaufort; and the eleventh, a. a.. i'(5; xm: iv'9. 
 
 XII 
 
 twelfth, thirteenth, fourteenth, .fifteenth and forty-third - 
 Regiments of Infantry shall constitute the Third Brigade; 
 and the sixteenth, seventeenth, eighteenth and nineteenth a.a.. i84;5. xi.-rr. 
 Regiments of Infantry, the Regiment of Rifles and the 
 first Rcijiment of Artillery, the Fourth Brigade: the Third a. a., is-,:, xii .-7.v 
 Division shall consist of the judicial districts of Sumter, 
 Clarendon, Richland, Kershaw^ Lancaster, Fairfield and 
 Chester; and the twentieth, twenty-first, twenty-second, 
 twenty-third and forty-fourth Regiments of Intimtry shall 
 constitute the Fifth Brigade ; and the twenty-fourth, 
 twenty-fifth, twenty sixth and twenty-seventh Regiments of 
 Infimtry, the Sixth Brigade : the Fourth Division shall 
 consist of the judicial districts of Chesterfield, Darlington, 
 Marlborough, Marion, Williamsburgh, Horry and George- V 
 
 town ; and the twenty-eighth, twenty-ninth and thirtieth n 
 
 Regiments of Infantry shall constitute the Seventh Brigade ; 
 and the thirty -first, thirty-second and thirty-third Regiments 
 of Infantry, the Eighth Brigade : the Fifth Division shall 
 consist of the judicial districts of York, Union, Spartan- 
 burgh, Laurens, Newberry, and that jiart of Lexington 
 known as the Dutch Fork, between Broad and Saluda 
 rivers ; and the thirty-fourth, thirty-fifth, thirty-sixth, tliirty- 
 sevt'iith and forty-sixlh Regiments of Infantry shall consti- 
 tute the Xinth Brigade; and tlie thirty-eighth, thirty-ninth, 
 fortieth, forty-first and forty-fifth Regiments of Infimtry, 
 the Tenth Brigade. 
 
 The boundaries, numbers and rank of the beats, l)attal-, * ^- I'^'.^V^-,'.: 
 
 i * aii'l ■>: A A. U41. 
 
 lions and regiments, shall remain as at i»resent established, '"'i i'^^- 
 
 I an<l mnk. 
 
 The divisions, brigades and regiments shall take rank a. a.. imi xi k', < •. 
 
 according to tlieir numbers, viz: The lowest in number 
 
 Rank. 
 
^5-fc 
 
 shall be highest in rank, and officers of the division, britrade 
 or regiment, lowest in nnmber, shall take rank of others of 
 similar irrade and date of commission, of a division, brigade 
 or regiment, higher in nnmber; and officei-s of eqnal grade 
 and date of commissions in the same regiment, shall deter- 
 mine their rank in the regiment bv lot, in the presence of 
 llie (ttHcer coniniantling it. 
 
 n...M- The lJrigadier-(ieneral. to whom representations shall be 
 
 t-r'T" """"^ ""^ niade of gross inequality or manifest inconvenience of 
 boundary, between any two or more adjoining beats, battal- 
 ions or regiments in his brigade, shall appoint a board of 
 commissioners, consisting of not less than live persons from 
 • each of the l)eats, battalions or regiments liable to be 
 affected by the decision, whose duty it shall be to examine 
 fullv the complaints or rei)resentations so made, and to 
 make a decision, either in favor of the existing or such new 
 boundaries as to them shall seem i>roper, which, when 
 ap]. roved and announced in orders by the Brigadier-Oeneral, 
 shall be coiiflusi\ >■. 
 
 n...?."2. Each regiment, battalion and comjiany shall have a place 
 
 and Company rcmi.-/.- of reudc/vous, atid uo rcgnncut rende/Nous shall i>c 
 changed, except by the concurrence of all the field officers 
 of the regiment. No battalion rendezvous shall be changed, 
 except by the concurrence of the Lieutenant-Colonel or 
 Major and all the captains commanding companies of such 
 battalion, with the approval of the Colonel commanding 
 the regiment to which such battalion belongs; and no com- 
 pany rendezvoiis shall be changed, except by the concur- 
 rence of at least three-fourths of all the persons in such 
 company liable to i)erform ordinary militia dut}', and with 
 theai»pr()val of the Lieutenant-Colonel or Major command- 
 ing the battidion to which such company belongs; but 
 iiothini; herein contained shall be construed to prevent the 
 Commander-in-Chief, or Major-General, or J5rigadier-Cene- 
 ral from assembling any portion of the militia at such place, 
 as either of them may deem itroi»er. 
 

 5 
 
 III. — Officers and tiihir Duties. 
 
 A. — Comm issioiicd. 
 
 [a.) — Qnalilicatiou and Terms of Office. 
 
 (6.) — Major and Brigadier-Generals. 
 
 (('.) — Colonels, Licntenants-Colonels and 
 !Nrajors. 
 
 {(/.) — Adjutant and Inspector-General. 
 
 (<\) — Quartermaster-General. 
 
 {/.) — Judges-Advocate. 
 
 {(/.) — Commissaries-General. 
 
 (h.) — Surgeon-General. 
 
 (i. ) — Apothecary-Gen eral . 
 
 ( ;. ) — Paymaster-Gen eral. 
 
 {k.) — Company Officers. 
 
 [l.) — Resignations and Vacancies. 
 B. — Kon- Com m issioncd. 
 
 («.) — Sergeants, Corporals and Clerks of 
 Companies. 
 
 A. — Co7nmissioned. 
 {a.) — Qualification and Terms of Office. 
 There shall be to the militia of this State one Adjutant ib.. js. 
 
 IT ^ • ^ ^ ir>T»'T/-^ i Staff of Commandoi -Hi- 
 
 and Inspector-(Teneral, with the rank of Brigadier-General ;ciiicf. 
 be shall he elected by joint ballot of both branches of the 
 Legislature, to continue in office for four years from the 
 date of his commission. lie shall be perpetually re-eligible, 
 and shall take rank from the date of his first commission, 
 50 long as he continues to be consecutively elected. There 
 ihall be one Quartermaster-General, with the rank of 
 Colonel; one Judge-Advocate-General, one Commissary- 
 Gteneral of Purcliases, one Commissary-General of Issues, 
 3ne Paymaster-General, and one Physician and Surgeon- 
 General, with the ranks respectively of Lieutenant-Colonel ; 
 and one Apothecary-General, with the rank of Major; wjio 
 shall be appointed and commissioned by the Commander- 
 in-Chief. The above officers, with their Aides, shall con- 
 Jtitute the stafi* of the Commander-in-Chief. 
 
fc>S^ 
 
 il'iiioi, .«!•« There shall he to each Division one ^fajor-General, \vi( 
 
 the followiiiir statt", viz: one Division A(ljntant-Cienei*a 
 with the rank of Colonel; one Division Ins|>ootor-Gonci*a 
 with the rank of Lientcnant-Colonel; one Division Quarto 
 master-General ; three Aides-de-camp, and one Divisic 
 Payniaster, with the rank of Major, respectively; who sin 
 l>e appointed hy, a*nd receive their commissions from, th 
 Major-General, snhject (except his Aides-de-camp) to tl 
 approval of the Govi-rnor. 
 
 ikiidLl- stiff There shall he to each JJripulo one Bri<radier-Genera 
 
 with the followinir stalK viz: one Diigade Major, one Bi 
 gade lnsi»ector-(ieneral, one Brigade Judge-Advocate, wit 
 the rank of Major, respectively; one Brigade Quarternuiste 
 General, two Aides-de-camp, one Brigade l^iymaster, witlr 
 the rank of Captain, resj»ectively; and one Brigade Chaplain; 
 who shall he appointed hy, and those entitled to receive 
 commissions shall receive them from, the Brigadier-Gener- 
 al, suhject (except his Aides-de-camp) to the approval of 
 the Major-General. 
 
 lb- ?"• There shall be to each Ke;;'iment one Colonel, one Lieu- 
 
 KcKi>ii<*iitiiH)fnceniaiiil '^ 
 
 !*t«ff- tenant-Colonel, one Major, and the following stall', viz: one 
 
 Adjutant, one Quartermaster, one Regimental Judge-Advo- 
 cate, one Paynnister, and one Assistant-Surgeon, each with 
 the rank of First Lieutenant; one Surgeon, with the rank 
 of Captain ; one Sergeant-^[ajor, one (iuartennaster-Ser- 
 geant, one Chaplain, and two Chief Musicians ; the regi- 
 mental staff shall he appointed by, and those entitled to 
 commissions shall reei-ive them from, the Colonel of the 
 regiment; the commissioned staff suhject to the ajiproval ol 
 the Bi'igadiiT-Genei-al. 
 
 }}'-i^'- ,,_ There shall he to each Coiniianv one Cai)tain, one First 
 
 Ijieutenant, one Second Lieuteiuuit, one Ensign, five Ser- 
 
 A. A. iNoo-i. \n. si<j,g<-'«i"^'^» *^^^ Corporals, two Musicians, and one Clerk; the 
 
 ^' non-commissioned oflicei's, musicians and clerk, shall be 
 
 api>ointed by llie captain or conniiandei- of tlu' company. 
 
 A.A. i-ji.xi iT-.jiJ- All ollit-ers entitled to military rank, shall be commis- 
 sioned, and (except the Adjutant and Inspector-GeneraU 
 
^Sj 
 
 and the Aides-de-camp of the Commander-in-Chief, of the 
 Major-Generals, and of the Brigadier-Cenerals) shall hold 
 their offices during pleasure; and no officer shall ho de- 
 prived of his commission, except hy Act of the (General 
 Assemhly or b}' sentence of a court-martial. The Aides-de- 
 camp above mentioned, and all other persons attached to 
 the division, brigade, or regimental staff, not entitled to 
 military rank, shall be removable from office at the jdeasurc 
 of the officer making the appointment; and their appoint- 
 ments shall terminate Avhenever the commission of the 
 officer making the appointment shall be vacated. 
 
 No officer of the Paymaster-General's, Judge-Advocate- n... ^ii. 
 
 r^ 1, -r->i • • T LI /-^ T -nv ■ • Qnalifimtions of certain 
 
 General s, or i liysician and burgeon-General s Department, stanrofiircis. 
 shall be entitled to or sliall exercise any military command 
 in the line; but such officers may be appointed on boards, 
 councils, and courts-martial, and shall take their seats at 
 the same according to the rank assigned them 1)y this Act, 
 and shall discharge the duties of such a})pointment. 
 
 Every commissioned officer shall, before lie enters upon ii>.. ?35. 
 
 ,. CI' n^ T • 1 • • 1 n 1 • Oath ipf all C<'miiii»!«i(>ii- 
 
 the duties of his office, and within sixty days after his eJ offictTp 
 
 election or appointment, take and subscribe tlie following 
 
 oath or affirmation, to wit: "I do solemnly swear (or 
 
 affirm) that I will be faithful, and true allegiance bear to 
 
 the State of South Carolina, so long as I may continue a 
 
 citizen thereof, and tliat I am duly qualified, according to 
 
 the Constitution of this State, to exercise the office to whicli 
 
 I have been appointed; and that I will, to the best of in}" 
 
 abilities, discharge the duties thereof, and preserve, protect, 
 
 and defend the Constitution of this State, and that of the 
 
 Confederate States of America: So help me God." And (ncviBedc^^nMitutionuf 
 
 any officer who shall neglect or refuse to take it within the 
 
 time prescribed, shall forfeit his commission, and shall be 
 
 considered as having refused to accept such office, ami shall 
 
 he liable to the penalties for such refusal to acccitt. 
 
 Every officer authorized to issue a conimission to any H' 5 •' 
 ]>er8on elected or appointed to any office in tlx' militia, is 
 hereby authorized to administer the oath of otficc to such 
 person. ;ni(l shall, before delivering a comnii--ioii to siny 
 
 ii'iiii 
 
(yU 
 
 person, eitlier administer the oath to suoli person, or sliall 
 receive from Buch person tlie oath, duly sworn t^i and sub- J 
 seril>ed before some person autliorized to administer an 
 oatli ; and in either case shall endorse and t'ortify the same 
 upon sucli commission, 
 
 "• ?'•■». Each officer of the militia (»f this State (except such 
 
 "■• • rn t<4 Uliiforni ^ ^ 
 
 .«. within thrco company ofticei*s as shall be compelled to serve by appoint- 
 ment of the ofticer commandiiiir the reiriment) shall, within 
 three months after his election or ajipointmeut, uniform 
 himself as prescribed for his jrrade or rank : and if any 
 officer shall appear on ])arade, or at any court-martial of 
 which he may be a member (except he be a comjnmy 
 ofhcer appointed as aforesaid), without such uniform, after 
 the ex]>iration of the three months aforesaid, he shall be 
 fined at the discretion of a court-martial not less than five, 
 nor more than fifteen dollars. 
 
 , (A.) — Major and l>riLr:ulii'r-(Tenerals. 
 
 •'... jTJ. A Major-General shall be elected Itv the commissioned 
 
 Mhntii elected and wi... ofhcers of tlic dlvisiou, includiui; tlic di visiou staff, in which 
 
 I liflilile. ' ■ 
 
 the vacancy shall occur: no person shall be elii!;il)le to the 
 office of MaJor-(Jeneral, unless he shall at the time of his 
 election reside in tlu' dixision. and liold a ((niiniission with 
 the rank of or above a Major, and sliall have held a commis- 
 sion of or above the rank of Cajitaiii, for at least twelve 
 
 v.u-ancie« how iiii..,i. moiiths iiext prccediiiir the clcctiiui. When any vacancy 
 shall take jilace in the oilito of Major-(ienei-al, the Com- 
 mander-in-Chief for the time bein^ shall issue his orders to 
 the several Bri<::adier-Generals, or officere commandintf 
 brii!:ades in the division in which such vacancy shall 
 ballpen, rc(juii'ini:: them to order each Colonel, or officer 
 commandiiiir a i-es:;imeiit, in their resjiective brigades, to 
 Iidld an I'lcctioii in their respective rcij^iments for a Major- 
 
 II-.. p.iTs. (Jeiieral, to iill such vacancy; and the C/olonels or officers 
 
 coinmaiidinir reirinients as aforesaid, shall post up a notice 
 of the time and jiiace of such election, at least fifty days 
 before the day of election, at three jtublic places within the 
 limits of their respi'<tive rei^iments; and on the day of 
 election, rfhall order ti» their assistance the two command- 
 
p 
 
 Ci! 
 
 ants of battalions, or any two commissioned otHcers of their 
 respective regiments, at the place appointed, and hold a 
 poll from eleven o'clock, a. m., to three o'clock, p. m., count 
 the votes, and forthwith transmit to their respective Bf'ii^a- 
 dier-Generals, or oflicers commanding brigades, a statement 
 in Avriting, showing the result of said poll, certified by them 
 and their respective assistants; and the Brigadier-Ciencrals, 
 or officers commanding brigades, shall immediately trans- 
 mit to the Adjutant-General's office, at Columbia, a ccrtitied 
 statement, in writing, showing the result of the polls in 
 their respective In'igadcs; and the Commander-in-Chief 
 shall pronounce the person having the greatest nundtcr of 
 votes (if there be no contest) duly elected, and shall com- 
 mission him accordingly. AVhen the election of Major- contested fiiwti.^ns. 
 General is contested, the same shall be tried by a board of 
 officers appointed by the Commander-in-Chief, to consist of 
 one Major-General, one Brigadier-General, and three field 
 officers, from whose decision there may be an appeal to the a. a, i846, xi. 364. 
 Commander-in-Chief, and his decision shall be final and 
 conclusive, and he shall order another election, or sliall 
 commission the person duly elected, agreeably to the decis- 
 ion and approval aforesaid. 
 
 It shall be the dutv of each Maior-General to superin- A.A..mi.xi.i7«.?i2. 
 
 " " '■ Dutie* 1)1 Major-Oene- 
 
 tend and preserve the military organization of his division, ""ais- 
 and enforce strictly within the same, the militia and patrol 
 laws of this State; he shall, from time to time, make such 
 reports and returns of his division as may be required of 
 him by the Commander-in-Chief; he shall attend a review 
 and drill of each regiment of his division, at least once in 
 two years, and shall be responsible for the correct instruc- 
 tion and good order of his division; he shall order and be • 
 responsiljle for the due execution of such inspections as 
 may be required by law, and shall obey and execute all 
 orders from the Commander-in-Chief 
 
 A Briijadier-General shall be elected bv the commis- I''.«!V? , , ^ 
 sioned officers of the brigade, and division stafi' officers "l^^:;", -'"<<'*•'• ""' *^ 
 residing in the bricade in which the vacancy shall occur. 
 No person shall be eligible to the office of Ikigadier- 
 General unless he shall, at the time of his election, renide 
 
10 
 
 in tlic ln'ipuU'. ami have held a eomniission of or above the 
 rank of C'a])tain for at least twelve months next preceding 
 
 V...C.I..KV.. r,..» iiiir.i. the election. When any vacancy shall take place in the 
 office of Hriiiradicr-Ciencral. the Major-(tcneral, or officer 
 eoninianilinir the division in which such vacancy shall 
 hapi>en, shall forthwith issue his orders to the Colonels or 
 officers conunandiiiij^ the rci^inients of the said hrii^ade, to 
 hold, in their respective reginients, an election for a liriija- 
 <lier-(>eneral to fill such vacancy; and the Colonels or 
 officers coniniandintr rci^inients shall post up a notice of 
 the time or place of such election, at least fifty days before 
 the day of election, at three juiblic ])laces within the limits 
 of their respective ri's^iments. and on the day and at the 
 place of election shall order to their assistance the com- 
 mandants of battalions, or any twr» commissioned officers 
 of their respective rcLriments, and hold a poll, from eleven 
 o'clock, A. M., to three o'clock, i\ m., count the votes, and 
 foptliwitli transmit to the Major-General, or olKci-r com- 
 mundinir the division, a statement, in writing, showin;Lr the 
 result of said poll, certified by them and their assistants; 
 and the Mitjor-General, or otHeer eommandin*; the division, 
 shall i)ronounce the person liavinir the greatest number of 
 votes to be duly elected, and i.ssue a commissi(Ui accord- 
 
 c..iii.«t<-.i KU( tic.iiH. ingly; but if the election be contested, it shall be tried by 
 a board of officers apjiointed by the Major-General. or 
 officer commanding the division to which such brigade 
 shall belong, to consist of a Brigadier-Cicneral and four 
 other officers not under the rank of field officers, from 
 whose decision an appeal shall lie to the (/onuuanderin- 
 
 A. A.. 184C. xi.sfli. (Jhiof. whose decision shall bi' tinal and conclusive; and, 
 agreeably to liis (le«-ision, llii' M:ijoi--(ienevaK or other 
 officer commanding the division aforesaid, shall onU'r 
 another election, or shall commission the ])erson duly 
 elected, agreeably to the decision and aiijn'oval aloresaid. 
 
 A. A.. 1841. 179. (( 13. Itsliall bc tlic dutv (»f such l>riirinlier-General of Infiui- 
 
 DiititM of ItriKiKllcr- , ., , , ' . , , ', ,, ... 
 
 • miuthIh. tr}'^ or (. avalry to suiiernitend and preserve the military 
 
 organization of his Wrigade. and enforce strictly the militia 
 laws and (the Hrigadier-( ieneral of Infantry) the pati-ol laws 
 of this State; he shall annually make and transmit to tlic 
 Adjutant and In.spector-General of this State, by the first 
 
 
11 
 
 day of October, a full and complete report of the strengtli 
 of his brigade, of the public arms, equipments, books, ord- 
 nance and military stores in its possession; he shall, with 
 his staff, attend a review and drill of each regiment of his 
 brigade at least once every year, and shall be responsible 
 for tlic complete organization, correct instruction and good 
 ordor of his brigade; he shall order and be responsible for 
 the due execution of snch inspections as may be required 
 by law, and shall obey and execute all orders from the 
 Commander-in-Chief, or any of his superior oliicers. 
 
 The Brigadier-General of the Fourth Ib-iirade shall A.A.,isr,«.xii.7.34.23: 
 
 = • A. A., IRSH, XII.820,J1. 
 
 cause each and everv of the volunteer companies under .ip"!""*^''"" ''y Brigade 
 
 • i Major. 
 
 his command to be inspected at least once in each year by 
 his Brigade ]Slajor, and shall organize and have under his 
 command a lire guard of the volunteer companies in the 
 City of Charleston. 
 
 In all elections for Major-General or Brigadier-General, a. a.. ih4i. xi. ira. 
 any officer entitled to vote may send his vote, in writing, "^ v'.,tesf..r Miyoror Brig- 
 
 .""-.^ ' ■" adicr^Opncnil may bo 
 
 Signed "With his name, rank and title, under sealed cover, ^'"tnn.i.rMai. 
 addressed to the officers holding such election for the regi- 
 ment to wdiich he belongs ; or, if he l)e an officer attached 
 to the division or brigade staff, he ma}' send his vote, 
 signed and under seal as aforesaid, addressed to the officers 
 holding the election for the regiment in which he resides. 
 
 (c.) — Colonels, Lieutenant-Colonels and Majors. 
 A Colonel of the Line shall be elected by all free white v,.,in- 
 
 , , /• • 1 ^ -i '11' C'llont'U.Hr.. Iiv whom 
 
 men above the age ot eighteen years, who have resided ineiertcd,aii.> wi...PiiKiWe. 
 
 the State at least six months next preceding the election, 
 
 and belong to the regiment in which the vacancy sliall 
 
 occur. No person shall be eligible to the office of Colonel, 
 
 Lieutenant-Colonel or Major in the line, unless he has held 
 
 a commission in the regiment at least six montlis next pre- a.a.. ih«»-i. xii, wt. 
 
 ceding the election, or, having served four years at the*'^' 
 
 South Carolina Military Academy, is a graduate thereof. 
 
 When any vacancy shall take place in the commission of v««,nn^f< ». •* aim. 
 
 Colonel of a regiment, the Brigadier-General, or officer in 
 
12 
 
 command of the ln'ii^ade in wliich sueli vacanov shall 
 happen, shall issue his order to the officer commandins; 
 sueh reiriment, to onler an election for a Colonel to till 
 suih vacancy, who shall onlcr eaeh Captain, or command- 
 ing officer of a company of such reiriment, to put up at his 
 company ren<lezvous a notiee of sucli election at least forty 
 (hiys hefore tlie day of election, and on the day of election 
 t(» order to his assistance two of his subaltern officers, or, if 
 there he hut one, or none, siich deficiency shall he sujtplied 
 by any meml)cr of tlie conijiany that he may appoint, so 
 that these persons shall open and hold a jioH at such com- 
 l>:my i«Midezvous from eleven o'clock, a. m., to three o'clock, 
 V. -M. : and if there should be any company of such reti^i- 
 ment without any officer, then the commandant of the 
 regiment shall ap)>oint three fit pereons of the company to 
 act as managers of the election for such company, and issue 
 liis orders to them. Ami the managers, or at least one of 
 them from each place of election, shall meet at the regi- 
 mental muster-ground, <»n the first or second day after the 
 election, according to order l)y the officer commanding the 
 brigade, count over the votes, and fortliwith transmit to 
 liim a statement in writing, showing the result of such elec- 
 tion, certified by all the managers present at such counting; 
 and he shall pronounce the person liaving the greatest 
 number of votes to be duly cjccitd. and issue a commission 
 accordingly. 
 
 »V-;onti*l^\<i'l."erv'eC.'i l'^\ery |K'rson ^'lecttMl a Coloiu-I to coniniand a ri'ginicnt, 
 i::::.:.'r «*•• >••"■■•'• ""-ainl having accepted the commission, shall be compelled to 
 serve in such office for two years, under the j)eindty of one 
 hundred dollars, and fifty percent, on the amount of his last 
 general tax, unless he shall be sooner ]>rouiotc(l, shall 
 remove out of the liniils ol' bis conunand, or shall, IVoin 
 bodil\ or mental inlirmity, become incaj»able of performing 
 liis duty, or shall be dcprixcd ol' bis commission by the 
 sentence of a court-i.i.i!:ial. 
 
 n'uiP^'rn , , It shall be the diitv of each Colonel •■oiiiniandinir a reiri- 
 
 ment to suiierintend and preserve the military organization 
 of his regiment, and enlbree strictly within the same the 
 militia (and the Colonel of lufantry, the patrol) laws of this 
 
13 
 
 8tate; he shall detail regimental or company conrts-niartial, 
 to meet at his regimental muster-ground, or at some other 
 convenient place or places within his command, at least 
 once in every four months, to try all defaulters in militia or 
 patrol duty, and all officers (helow the grade of field officers) 
 and non-commissioned officers, for neglect of dutv, or dis- 
 obedience of orders in his regiment; he shall, at least once 
 in every year, order out his regiment, and shall drill, exer- 
 cise and instruct it in the school of the battalion, and shall, 
 on the day preceding such drill, or on some convenient da}- 
 before, order and asseml)le all his officers and non-commis- 
 sioned officers, and shall exerci^se and instruct them in sucli 
 manoeuvres as he intends to be performed at his regimental 
 drill; he shall, at least once in every year, order out and 
 attend a review and drill of each battalion of his regiment. 
 Each Colonel of Infantry shall, at least once in every two 
 years, order out and attend a muster and drill of each com- 
 pany of his regiment, at such time as he may deem proper, 
 and shall superintend the same ; but if he orders out any 
 company on any other than its regular muster-day, he shall 
 extend such order to the commanding otHcer of such com- 
 pany before or at the preceding muster of such company. 
 Every Colonel shall be responsible for the com})lete organi- 
 zation, correct instruction and good order of his regiment; 
 he shall perform such inspections as shall be required of 
 him b}' law ; he shall, at least once in every year, at such 
 time as may be required by his Brigadier-General, make 
 out and transmit to him a full and complete return of' the 
 strength of his regiment, and of the public arms, equip- 
 ments, books, ordnance and military stores in its ]»ossession. 
 And he shall make such reports and returns respecting his 
 regiment as may be at any time required by any of bis 
 superior officers; he shall enforce the collection of all lines 
 im|»osed in his regiment, and shall obey and execute all 
 orders from anv of his superior offiv^rs. And it shall be A.A..iRftK.xn.-34.|2. 
 the duty of every officer in commaiid of any regiment or''.' *•'■•"'»"' 
 separate battalion, in the l*arishes of St. rhilii> and St. 
 Michael, to cause to be inspected by his Adjutant each 
 volunteer company under his command at least twice every 
 year, and, after the said ins|)ection, to rei»ort forthwith to 
 the Jirigadier-Gencral, or other officer in command of the 
 
14 
 
 Finirth Brigade, the condition of arms, :niinninitioii nnd 
 equipments of the companies inspected. 
 
 A. A.. iwi. iMi {is Wlit'ii anv vacancy shall occur in the commission of 
 
 VaraDri«« of I.lciil.n- , /, i i ". . > t» • i- /, i 
 
 •tit c«i..nci. huw mip.1. Lieutenant-Colonel ot any rciriment, the nn!jra<lier-C7enera[, 
 or officer commandimr the hriu:a<le to which such reiriu^ent 
 helonjjs, shall immediately issue a commission of Lieuten- 
 ant-Colonel to the Major then in commission of such 
 regiment: and if it should so happen that two Majors of 
 any rcsrimcnt shouhl rank from the same day, the rank of 
 Lieuti'nant-Colonel shall l»c determined hetween them hy 
 lot, under the direction of" the P.riiradier-dcneral. 
 
 '!•■•<*"'• , ^ A Major of the Line shall he elected hv all free white 
 
 M II j oTH. liy whom •' 
 
 '•■"•*'' men, ahove the age of eighteen years, who liave resided in 
 
 *this State at least six months next preceding the election, 
 and l)elong to the hattalion in which the vacancy shall 
 
 vaxHnrUh, hdw fiiiiMi. occur. Wlii'U aiiv vaeaucv shall take }>lace in the com- 
 missi(»n of Major of a liattalioii. the Brigadier-General, or 
 officer in command (tf thehrigadi' in which it shall haitpen, 
 shall issue his orders to the Colonel, or oflicer commaiiiliiig 
 tlie regiment in which such vacancy shall occur, command- 
 ing him to onler an election for a Major to fill it; and he 
 shall order each captain, or officer commanding a comjiany 
 of the hattalion aforesaid, to post uji at his company ren- 
 dezvous a notice of such election, at least thirty days before 
 the day of election, and on the day of election to order to 
 liis assistance two of his suhonlinate officers, or, if there 
 he liut one, or none, such deficiency may he sup|ilied hy 
 any mcndter of the company that he may ajipoint, so that 
 three persons shall o}ien and hold a jiojl at suidi company 
 rendezvous from eleven o'cloek, a. m., to tliive o'doek. v. M., 
 for a Major to fill such vacancy. Aud if there should he 
 any company of such hattalion without any oificor, then the 
 commandant of the regiment shall ajipoint three fit persons 
 to uct as managers of the election for such company, and 
 issue his orders to them; the managers, or at least one of 
 them from each place of election, shall meet at the battalion 
 muster-ground, on the first or second day after the election, 
 count the votes, and forthwith transmit to the Brigadier- 
 General, or officer commanding the brigade, a statement. 
 
GLf 
 
 15 
 
 in writing, showing the result of the election, certified h}' 
 all the managers present at such counting; and he shall 
 pronounce the person having the greatest nuniher of votes 
 to 1)C duly elected, and issue a comniissiou to him accord- 
 iugly. 
 
 It shall he the duty of each Lieutenant-Colonel or Major u.. isi.{(2o. 
 commandmg a battalion, to assist the Colonel or Ins regi-c.)i..iiciHaii.i M!i.ioi«. 
 ment in maintaining the military organization of his 
 hattalioii, and euforciug the militia (and the Lieuteuaut- 
 Colonel and Major of Infantry, the patrol) laws within the 
 same ; he shall, at least once in every year, under the orders 
 of his Colonel, assemhle his battalion, and shall exercise 
 and instruct it in the school of the battalion, and shall, on 
 the day preceding sucli drill, assemble all his officers and 
 nou-conmiissioned officers, and shall instruct and drill them 
 in the manoeuvres to be performed the next day. Each 
 Lieutenant-Colonel and Major of Intantry shall, at least 
 once in every year, order and attend a muster of each com- 
 jtany of his battalion, at such times as he may deem [)ropei', 
 and superintend the instruction and drill of such comiiany; 
 l)ut if he should order a muster of any company on any 
 other than the regular muster-day of such company, he shall 
 extend such order to the commanding otiicer of the company 
 before or at the preceding muster of such company; he 
 shall be responsible for the correct instruction and good 
 order of his battalion, and shall, when required by his 
 Colonel, or lany of his superior officers, make a full and 
 complete return of the strength of his'battalion, and of the 
 public arms, equipments, books, ordnance and military 
 stores in its possession, and shall obey and execute all orders 
 from any of his superior officers. Every person elected, 
 and having accepted the commission of a Major, to cf»m- 
 mand a battalion, shall be compelled to serve in such office 
 for two years, under the penalty of seventy-five dollars, and Tn.«rvc mn 
 fifty per cent, on the amount of his last general tax, unless 
 such person shall be sooner promoted, or shall remove out 
 of the limits of his command, or shall, from l>odily or 
 mental infirmity, become incapalde of performing the duty 
 tliereof, or be deprived of his commission by sentence of a 
 court-martial. 
 
 Ic*f> thtn 
 
6^^ 
 
 c^ni^M «-i»ciioD» of ^Vhen the election of any field officer is contested, the 
 Fteidoacfw. Brigadier-General of the hri^aile to which such field officer 
 
 shall hdoMsr shall order t<> his assistance two field «)fHccrs of 
 some other rcji^inicnt of his hrit^atlc. not interested in the 
 event of the dispute, and shall hear and determine the 
 validity of such election : and i-ither of the candidates shall 
 have the ritifht to a]t]>e:\l from such decision to the Major- 
 General of the division to which he helon^s; and the said 
 Major-(ieneral, toircther with a hoard of ijeneral and tii'id 
 officers to he appointed hy, and to consist of, the said Major- 
 Geueral. not less than one lirit^adier-General and three 
 field officers, shall hear said appeal, ami their decision shall 
 he conclusive. 
 
 (</.) — Adjutant and Inspector-General. 
 A.A..iMi.xi.isc.g*.. Jt, shall ho the dutv of llie Adjutant and Ins|)cctor- 
 
 DtitiiH of Adjutant ami • •' ' 
 
 inH"-<j'Mi.n.n.i. aii.i Gcucral toattcu*!, once in two vears, the muster of each 
 
 the ofllrcrii "f liiH Do- ' 
 
 i««rtn..ni. regimout in the State, and the drill of the officers of each 
 
 the day ]»revious; atul whenever he. shall deem it necessary, 
 he may instruct the officers of the rei^'iment, provided tliere 
 shall he no superior officer present \\lio may think [troper 
 to assume the direction of the <lrill ; he shall, with the 
 consent of the ('ommander-in-(Miief, have power to Order 
 out for drill the retj^iments, at such times as will best per- 
 mit him to pei-foi-m the duties of his office; he shall keep 
 a military hureati in ('(»lum1»ia, in which he shall keep a 
 true record ol" \\\v numlicr and lank of eai-h division, 
 brigade and regiment in the State ; he shall i)rocurc a 
 record, annually, of a return of the strengtli, arms, equip- 
 ments of the militia, the names, ranks and dates of com- 
 missions of all the general and field officer, shall record 
 all military orders received by him, and, generally, all 
 matters which relate to his office or the militia, and which 
 in liis opinion may be necessary to enable him to exhibit 
 the true strength, character and condition of the militar}- 
 force of the State; he shall, once a year, visit and inspect 
 the arsenals and magazines in this State, and rejiort to tlic 
 Comnumder-in-Chief their condition, the number, kind 
 and c-oM(liti<uj of ai-ms, e([ui}>nients and public stores in 
 
U<j 
 
 17 
 
 each, the nnnil)er and description of pnhlic arms and 
 equipments distrihnted to the militia eacli year, and the 
 i* disposition and condition of such distrihntions, tlie strength 
 of the s>:fiards at eacli, the dnties performed hy them, their 
 general condition and ethciency to discharge the duties 
 required hy them; and to enahle him to perform this duty, 
 the Quartermaster-General, and othoi- otiicers having rhari2:e 
 of these departments, shall, when required, make fidl 
 re[)()i-ts to him ot the different matters committed to their 
 charge ; he shall distrilnitc all orders from the Commander- 
 in-Chief to the several corps, and ohev all orders from 
 him. furnish hlank forms of diiferent returns that mav he 
 required, and explain the principles on which they should 
 he made; lie shall make a return of the militia, with their 
 arms, accoutrements and ammunition, to the President of 
 the Confederate States, on or hefore the first Monday in 
 January in each year; he shall attend all encami)ments of 
 othcers, and shall drill, train, instruct and exercise them in 
 tlie various hranches of military mananivres and tactics; 
 he shall he charged with the marshaling and inspection of 
 troops, the correspondence in relation to all military afiairs, 
 and when in the field, with all general details of service of 
 every description; he shall he obeyed by all officers of his 
 department, which shall consist of the Division Adjutant- 
 (ienerals, the Division Inspector-Generals, the Brigade- 
 Majors, the Brigade Inspector-Generals, the Adjutant and 
 Sergeant-Majors of Regiments, Orderly Sergeants and 
 Clerks of Companies, who shall, in addition to any other 
 duties which may be requii'cd of them by tlie commandants 
 of the respective corps to which they are attached, he 
 • •barged with the performance (in their respective corps) 
 of the duties prescribed for tbe Adjutant and Inspe<-tor- 
 (iencral. 
 
 I 
 
 Tbe salary of the Adiutant and rnsi)ector-(T('iR'ral shall n-.i-is- 
 
 >> '' I _ Salt«rii'« "f A'ljiit4int 
 
 luMU'cforth be two thousand five hnndi'cd dollai's. an<l of«'"> iriM"-'-«'T-'Jpn«Tai 
 
 ■A\\i\ iViiart«Tniii*ter- 
 
 tlu' ()uartci-maslcr-(i!cii(r;d five hundred dollars, annn;illy. 'iin.rai. 
 (r.) — (2'J:>'"'*'i'i"i>^ter-(Teneral. 
 It shall l)e the duty of the Quartermaster-General to i),',iH.*V,f Q,,*H<>m.»uu 
 
 • ill* i.Aii • „a1^ \<-T-*ifnfrn\ and Ihp (iff). 
 
 superintend and inspect, at least once in ever}' year, tnec.,.r, ,.f j,i«Dei«rinKni 
 
9 
 
 18 
 
 arsenals and inaora/jnes of the State; to provide lor ihe 
 transportation and safekeeping of the tents, arms, camp 
 equijciixo and ammunition ; he shall he charged with the 
 quartering and tninsporting troops ami their provisions, the 
 safekeeping :ind transporting of military stores and mate- 
 rials of every kind, <»pening roads and building and repair- 
 ing hridges for military purposes; he shall make, annmilly, 
 to the Adjutant and luspector-Ctcneral. a lull report of the 
 number and kin<l of arms, annnunition, ordnance and 
 military stores and ecpiipments remaining in the arsenals 
 ainl magazines, and the innnber and kind delivered out, to 
 \vh(un and upon what condition, and generally upon all 
 matters relating to his dej>ai*tment ; he shall be obeyed by 
 all oHicers of his department, which shall consist of the 
 Division Quarterniaster-Cieneral, the Brigade Quarteruias- 
 tcr-(iencral, l{egimental (Quartermasters, Quartermaster- 
 Sergeants, the Arsenal Kei'iicrs and Powder Receivers, 
 who shall, ill addition to any other duties whit-li may be 
 required of them by the commandants of their respective 
 • corps, be charged with the pcrfornuince (in their respec- 
 
 tive corps) of the duties prescribed by the (Quartermaster, 
 General. 
 
 (/.) — .1 udges- Advocate. 
 ib.,i87,g42 jt j;imi] ],j. ,in. ,i,,tv of the . I inline- Advocate-(;»Mieral to 
 
 DuticH of Judge-Ailvo- • • 
 
 .;atc-otncnii. attend all courts-martial appointe<l by the Commander-in- 
 
 Chief, and t<» |»i-osecute, in the name of the State, all per- 
 sons who may be bnMight before such courts; lu' shall, 
 when required by the (.'ommander-in-CMiief, oi' any Major- 
 (iencral, give his o|iinion, in writing, on any point of 
 militia or jiatrol law ; he shall makt', annually, to the 
 Commander-in-Chief, a full repoct of the numbered" divis- 
 ion, brigade and regimental courts-martial held in each 
 division, brigade and n-giment of this State, the number 
 of persons tined, their rank or gra<le, I'oi- what offences, 
 and the amount of the lines imj»osed at such court ; he shall 
 be obeyed by all ollicers of his department, which shall 
 consist of the Brigade Judges-Advocate and Regimental 
 Judges- Advocate. 
 
 „_ . ^^ Each Brigade Judge-Advocate, when required, shall 
 
 judgeltufK-ati^'' attend all eourts-martial appointed by the Major-General 
 
^7 
 
 19 
 
 of the divi.'^ion to which lie belongs, and shall attend all 
 courts-martial appointed by the Brigadier-General of the 
 brigade to Avhich he is attached, and shall prosecnte, in the 
 luinie of the State, all persons Avho may be brought before 
 such courts; he shall annually make to the Judge-Advo- 
 cate-General a full report of the nnmber of division, brigade 
 and regimental courts-martial held in his brigade, the nuni- 
 1)er of persons fined, their rank, for what oftences, and 
 amount of fines imposed at each court; he shall l)e specially 
 charged with enforcing the collection of all military and 
 patrol fines for which execution may issue in liis brigade; 
 he shall attend all encampments, reviews and musters in 
 his brigade, whenever the Brigadier-General to whose suite 
 he is attached shall attend; he shall be obeyed by all licgi- 
 mcntal Judges- Advocate in his brigade. 
 
 It shall be the duty of each Regimental Judge-Advocate H'-^'W. 
 to attend all courts-martial appointed, by the commandant •'"''«'-^''''*f"*^- 
 of the regiment to which he belongs, and to prosecute, in 
 the name of the State, all persons who may be brought 
 before any such conrt; he shall annually make to the 
 Brigade Judge-Advocate of the brigade to which he 
 belongs a full report of the number of courts-martial held 
 in his regiment, the numljer of persons fined, their rank, 
 for what oftences, and amount of fines imposed at each 
 <ourt; he shall be specially charged with enforcing the 
 rollection of militia and patrol fines, for which execution 
 may issue in his regiment; he shall attend all encampments 
 of his brigade and regimentar musters of his regiment. 
 "Whenever the attendance of the proper Judge-Advocate 
 cannot be conveniently procured, it shall be lawful for any 
 officer aj)pointing a court-martial to detail a suitable ofticer A),|...j„tinpi.t« in hi. 
 to act as Judge- Advocate at such court, who shall transmit""" 
 a copy of the proceedings of such court to the ju'oper 
 Judge- Advocate, in whose place he shall act. 
 
 (f/.) — Commissaries-General. 
 
 ^m It shall be the dutv of the Commissary-General of I'ur- n... is^j^. 
 
 ^F - 1 /, • ' r I>iitie« of «'-..mtni«»i 
 
 ■ cbascs to purcliJise all arms, equipments, munitions ot war, oon.tiu ,4 v»rchnM>*. 
 ordnance stores, military materials, medicines and surgical 
 instruments. 
 
(J'L 
 
 20 
 
 l^-.***-,rv^ Tt sliall 1)0 the diitvof the Commissarv-General of Issues 
 
 Dutle* of Cooiiii— ■jti.i- 
 i.Mi-nil .•r Imr.. ^ imrchase, or otherwise procure, all subsistence, fuel, 
 
 forairo ami straw for iKMldiiiir. f«>r troops in service, which 
 
 he shall deliver over to the (^)uartcrniaster-General, under 
 
 such regulations as niav he prescrihed. 
 
 (A.) — Surgeon-Oencral. 
 II' .^ ''int. . . The Physician and Sur«reon-(ieneral is chars^ed with the 
 
 Piitii-K of Phynirmn and • • ^ 
 
 sorK....n4j,.npi^. government of hospitals, and regulating the duties of Sur- 
 
 geons and Assistant-Surg«'ons; lie sliall l»o ohoycd by the 
 Apothecary-General and all Surgeons and Assistant-Sur- 
 geons. 
 
 (/.) — Apothecary-General. 
 ii,^j53. It sliiill be the duty of the A}M»tlic'eary-Gencral to I'occive 
 
 Diitieii nf Apothocnrv- /» ■ .1 / 1 • 1 \ 1 x' l> l 11 i" • 
 
 lipntTHi. ■ troni iIk- C oniniissarv-(»cnerai ot 1 urcliases, all nu'duine 
 
 and surgical instruments; and he is charged with the safc- 
 keejiing and (lislrilnition dt'tlic sanu'. 
 
 {j.) — Paymaster-General. 
 
 ii-.. H7- It sliall l»c the dutv of the Pavmastcr-( Jeiicnil to receive 
 
 Diitii-B of PaymnBtcr- , • "■ ^ 
 
 "•■"""»'• " all fines imposed by any courts-martial aj)pointcd by the 
 
 Commandcr-in-Ghicf, and jiay over the same to his order; 
 he shall annually majce to the Commander-in-Chief a full 
 report of the amount of money received In' him and from 
 what source, the amount jiaid <»nt, to whom, and the 
 amount remaining in his hands: he shall also annually 
 make to the Commander-in-Chief a full rc}iort of the 
 amount of the money receive<l by each division, brigade 
 and regimental J'aymaster in the State, the amount paid 
 out by each, and the amount remaining in the haiuls of 
 each; lie sliall be charged with tlic payment of the militia, 
 when in the scrvii-e of the State; he shall give bond, with 
 sureties, payable to the State of South Carolina, for the 
 faithful discharge of his duty, in such sum as ma}' be 
 deemed necessary by the Commander-in-Chief, which bond 
 shall be deposited in the office of the Adjutant-General; 
 he shall be obeyed by all officers of his department, which 
 
C)3 
 
 21 
 
 shall consist of all division, brigade and roo-iniontal Pay- 
 masters. 
 
 It shall be tlie duty of each division rayniastor to re- DuiL^ oV u;v:«ioi. I'i.v- 
 ceive all fines imposed by an\' conrt-martial appointed by"'^"""" 
 his Major-General, and to pay over the same to the order 
 of the Commander-in-Chief or snch Mnjor-CJeneral ; he 
 shall annnally make to the Paynnister-General and his Ma- 
 jor-General, as often as he may be iXMpiired by sneh Major- 
 General, a fnll re[)ort of the amonnt of money received by 
 him, from what sonrce, the amonnt paid, to whom, and the 
 amonnt renuiiniiiij: in his hands; he shall also nnike annual- 
 ly to the Paymaster-General a fnll report of the amonnt of 
 money received by each brigade and regimental Paymaster 
 in his division, the amount paid by each, and the amount 
 remaining in the hands of each ; lie shall be charged with 
 the payment of the militia of his division when in the ser- 
 vice of the State ; he shall give bond, with sureties, in the 
 penal sum of one thousand dollars, to the State of South 
 Carolina, for the faithful perfornumce of his duty, Avhich 
 bond shall be lodged with the Clerk of the Court of the 
 district in which he resides at the time of his a[>pointmcnt 
 as division Paymaster; he shall l)e obeyed by all brigade 
 and regimental Paymasters of his division. 
 
 It shall lie the duty of each brigade Paymaster to re- ih..H»- 
 ceive all fines imposed by any court-martnil appomted l)yma-<ter. 
 the Brigadier-General, or officer commanding the brigade 
 to which he belongs, and pay over the same to the order of 
 the Commander-in-Chief, the Major-General of the division 
 or Brigadier of the brigade to Avhicli he belongs; he shall 
 annually make to the division Paymaster of the division to 
 which he belongs, and to the officer commanding liis bri- 
 gade, as often as may be required by such officer, a full re- 
 ]tort of the amount of money received by him, from what 
 source, the amount paid, to whom, and the amount remain- 
 ing in his hands; he shall annually make to his division 
 Paymaster a full report of the money received^of each regi- 
 mental Paj'master in his brigade, the amount paid out, and 
 tlie amount remaining in the hands of each; he shall be 
 J, charged with the payment of the militia of his brigade 
 
 I 
 
22 
 
 wlicii ill tlio sen'ice of the State: he shall sfive bond, with 
 sureties, to the State of South Can»Iina, in the penal f*uin «)f 
 one thousand dollars, for the faithful perfornianee of his 
 duties, whifh hond shall he lodged with the Clerk of the 
 court of the district in which he resides at the time of his 
 a])pointnient as hripidc Paymaster: he shall he obeyed by 
 all rciriiiiental Paytiiastcrs in his bri<rade. 
 
 miiiI^Vu.-iHnio„i«i It '"'•'i" ^^<-' tl"-' <!'>'>■ '•' ^■''^■'' reirinu'iital PayniastiT to 
 
 l'iivnia»t<-r. 
 
 receive all fines iniposi-d by any conrt-niartial ai>iK>iiitcd by 
 the Colonel, or ofhcer commandinir the regiment to wliirli 
 he belongs, and other fines imposed by any ofiicer of such 
 regiment, and pay over the same to the order of the Com- 
 mander-in-Chief, or Major-Cieneral of the division, or 
 l^rigadier-(ieneral of the brigade, or Colonel or officer 
 commanding the regiment to which he belongs; he shall 
 annually make to the brigade Paymaster of the brigade, 
 and to the officer commanding the regiment to which ho 
 belongs, as often as may be recjuired by such officer, a full 
 report of the amount of money received by him, from what 
 soui'ce, the aiiKnmt jiaid out, to whom, and the amoiTnt 
 remaining in bis bands: he shall be charged with the l>ay- 
 ment of llie militia of the regiment to which he belongs 
 when in the service of the State; he shall give bond, with 
 sureties, to the State of South Carolina, in the penal sum 
 of one thousand dollars, for the faithful performance of his 
 duty, wliicli bond sliall be lodged with the Clerk of the 
 court of the district in which he resides at the time of his 
 a]t]>ointm('nt as regimental Paymaster. 
 
 (/i-.) — Company Olficers. 
 
 II.. 1S2 i-2:2 j\ Caiitain, First Jjieuteiiant, Second Lieutenant and Kn- 
 
 «iii.iii ..i,Mi..,i. j^jj^,, ^y (\)rnct of a conii>any, shall be electe<l by all free 
 
 white iiicii above the age of eighteen years, who have 
 resided in the State at least six months next preceding the 
 election and belong to the company in which the vacancy 
 shall occur. 
 
 ,,, ,.^.j AN'licii any vacancy sliall ociiii- in tlie commission of a 
 
 ..fflo"rt:w'nil^^^^^^^^ First Lieutenant, Second Lieutenant, Ensign or 
 
 Cornet of a eonniany, the Colonel, or officer commanding 
 
C)S^ 
 
 23 
 
 the regiment iu Avhich such vacancy sliall liaiii)<.n, sliall 
 issue his orders to the Lieutenant-Colonel or Major, or 
 officer commanding the battalion in whicli such vacancy 
 shall hapjien, commanding him to order an election to till 
 sucli vacancy, and also to order two fit persons of said 
 com})aiiy to manage the election ; and the managers sludl 
 advertise the election at two public places within the limits 
 of the company-, for at least twenty days licforc the day of 
 election, and shall open and hold a poll at the usual muster 
 ground of the company from eleven o'clock, a. .ai., to three 
 
 I o'clock, p. M., count the votes on the same evening, and 
 forthwith transmit to the Colonel, oy officer commanding 
 the regiment, a statement in writing, showing the result of 
 such election, certified by the managers, and he shall pro- 
 nounce the person having the greatest number of votes to 
 be duly elected, and issue a commission to him accordingly. 
 When such election is contested, the Colonel of the regi- contcctrd Eiccticif. 
 ment to Avhich such officer shall belong shall order his 
 Lieutenant-Colonel and ^Lijor to his assistance, and sliall 
 hear and determine the same; and their decision sliall be 
 conclusive. 
 
 Each person elected an officer in anv company, who sliall n... ^24. 
 
 , .. ini *^iiT ' •! Comiiaiiy (»ffi<I■r^ 1 • 
 
 accept the commission, shall be compelled to serve in thcervo n.,t ips« than 
 
 ,,, I'll Till t r- t 1 twelve niontliR. unlf*i- 
 
 , office to which he shall be elected for twelve months, under ttc. 
 the penalty of twent}^ dollars, and fifty per cent, on the 
 amount of his last general tax, unless he shall be i)romoted 
 or remove out of tlie limits of his command, or become, 
 from bodily or mental infirmity, incapal)le of jicrfonning 
 the duty thereof, or be deprived of his commission by the 
 sentence of a court-martial. 
 
 It shall be the duty of each Cai»tain, or commanding u.^^za. 
 
 '' ... , Ihituw of C«i»t«in». 
 
 officer of a company, to enforce within his company the 
 
 militia (and the commanders of beat companies, the jiatrol) 
 
 laws of this State, lie shall assemble his comjiany at Numi.<i «i onnjiMj 
 
 least four times in each year, and shall instruct, drill 
 
 and exercise it in the schools of the soldier and com- 
 
 ])any; he sliall be responsible for the correct instruction 
 
 and irood order of his comitanv: he sliall keep constantlv 
 
 in office in his company the full nunibcr of non-com- 
 
24 
 
 missioned officers required hy law, under the jienalty of 
 fifty dollars: he sljall appoint the Sergeants, Corporals, 
 Clerk and Musicians of his company, and they shall he 
 removahle at his pleasure: he shall nuike such returns 
 an<l reports of his conjpany as may he recpiired hy iiiiy of 
 Ills su]>erior officers: he shall report all the defaulters of 
 his coMijtaiiy for the ni'ijlect of militia or jtatrol duty, all 
 non-commissioned officers for neglect of duty or disohe- 
 dience of orders (»fl' parade, all fatigue men for non-per- 
 formance of the duty rcipiireil of them by law, to the tirst 
 court-martial authorized to try the same, atYer the commis- 
 sion of such default, neglect or disohcdience; he shall 
 cause them to be summoned to attend said court, which he 
 shall furnish with the evidence of such summons, and shall 
 transmit to the court all written excuses that may he given 
 to him for that purpose. If he should have no defaulters 
 to rejiort to any court-martial detailed for the trial of 
 defaulters in his rcginu'nt <>r battalion, he shall report that 
 fact, in wi-iting, to such court, and shall execute and obey 
 all ordci's from any of bis suiterior officers. 
 
 lb.. iKi i-2ti It shall be tbedutvof the First Lieutenant, Second Lieu- 
 
 Dutitt* nf First ami • 
 
 s.-c<.n<i Lioiit.imiit >""itc'nant and Knsiirn. to assist the Captain of their comi)any 
 to maintain its military organization, and to enforce the 
 militia ami patrol laws within the same, and to execute and 
 obey all orders of their superior officers. 
 
 "'•?^- The officers or others managing an election for anv 
 
 Diilii-M <if Miiii.igciii of , .-< C< . 
 
 Ki-'Uonx. militia officer, before they j»roceed to hold the election, 
 
 sliall be (Inly sworn that they will impartially bold and 
 faithfully eondiu-t sui'h election, and tliey ai"e se\ti;illy 
 authori/.ed to administei- such oath to each other; they 
 shall enter in a book or roll the names of all i>ersons voting 
 at such election, and shall |iro\ ide a i)ox or bag to receive 
 the ballots; they may rc<|uire any person offering to give 
 his voti' to swear that he is duly (puditied and entitled to 
 vote, and may propoun«l such (piestions as may be necessary 
 to satisly themselves of bis (pnilifi -ation. 
 
 "'••?-J«- In all cases of contested elections, a i)rotest in \\ritinn-, 
 
 CiiiitfFtc'd ElcrtiotiH. ' ^ ■ 
 
 Stating the grounn of such contest, shall be delivered to the 
 
^7; 
 
 25 
 
 11... ?29. 
 Uisiirnation." 
 
 officer authorized to issue tlie commission, and a copy sliall 
 be served upon the person having a plurality of votes 
 Avithin thirty days of the election. 
 
 (l.) — Resignations and Vacancies. 
 
 \ Resignations of militia officers shall be tendered in 
 writing to the following officers, and if accepted, shall l)e 
 retained on tile in the department of the officer accepting 
 thcni, viz: A Major-General shall resign to the Commander- 
 in-Chief; a Brigadier-General, or officer of the division 
 staff, to the Major-C^eneral of the division to which such 
 resigning officer belongs; or if there l)e no Major-General, 
 then to the Commander-in-Chief; the tield officers and 
 officers of the brigade staff, to the Brigadier General ; and 
 if they have none, then to their Major-General, or officer 
 commanding the division to which they belong; the com- 
 pany officers and regimental staff, to the Colonel or 
 commandant of the regiment. 
 
 When anv vacancv in the commission of any officer of ii>- Jso. 
 
 " " >J \arancic«, now 
 
 the line shall occur, ^the officer whose duty it may be to i""" '''"'• 
 order an election to fill it shall forthwith issue his order, 
 jtlacing the officer next in rank in the corps in which the 
 vacancy shall hajipen in the office vacated, until an ofKcer 
 shall have been elected and commissioned to fill such 
 vacamy; and in the interim, the officer so ordered to fill 
 the vacancy pro tempore shall have the same powers and 
 be liable to the same penalties as if elected to said office. 
 
 I 
 
 » Each officer shall reside in his respective command, and "■•. ^31. 
 on his removal therefrom his commission shall be vacated;""""'. f^""> '•:' 
 
 ' cxrppt in ciTl«iTi 
 
 ]»rovided, that when tlie dividing line between any regi- 
 ments, battalions or boats, shall pass through any city, 
 town or village any person holding a comruission in either 
 regiment, battalion or beat, may reside anywhere within 
 the limits of such city, town or vilhige, without forfeiting 
 his commission ; and that when the dividing line between 
 two regiments or battalions, in any bi-igade, shall pass 
 through the lands of any person on which he resides, it 
 shall be lawful for him to hold a commission in cillH'r such 
 ngimcnts or battalions. 
 
i;^^ 
 
 26 
 
 ii._7M ?n. ^ ,„ II' any regiment or battalion shall neirlect or refuse, for 
 
 M.1 ■ 11 owtis. 
 
 \ji; 1. ^^^'x monthh, to cleet an oftieer to eoniniand such re«,nment 
 
 or battalion, or if the pei-son elected shall refuse to accept 
 surh office, it shall he the duty of the Bripulier-General, or 
 officer comnian<linir the hrii^ade to which such regiment or 
 liattalion l»eIon<js, to a]t])oint and tonimission a tit person, 
 liable to do ordinary militia duty in such reiriment or 
 battalion, to command such reiriment or battalion, and he 
 shall be eomjielled to st-rve in such office tor two years, 
 under the jienalty (if appointed to the command of a reiri- 
 ment) of one hundred dollars, and lifty per cent, on the 
 amount of his last ijcneral tax; and if apjtointed to the 
 command of a battalion, under the iienalty of seventy-five 
 dollars, and fifty per cent, on the amount of his last general 
 tax; but he shall not be (Mnnpelled to serve in.such office 
 longer than two years in four. 
 
 i'';"^'lt' • .r. If '"'V beat comitanv shall nesrlect or refuse, for two 
 
 Colonel to appoint Com- • I • '^ 
 
 ^wiy offl«r« in "-rtiiin 1,1^,1^1, j;^ to elcct au (»fHcer to fill aiiy vacancy which shall 
 occur in it, or the ]»ers(»n elected shall refuse to accept of 
 such office, it shall be the duty of the Colonel or officer 
 commanding that regiment to which such company be- 
 longs, to ajipoint and commission some fit person, liable 
 to ordinary militia duty in such beat, to fill such office, 
 and he shall be compelled to sci've in smh office for twelve 
 months, under the penalty of thirty dollars, and fifty per 
 cent, on the amount of his last general tax, unless ho shall 
 be sooner )>romotcd, or from bodily or mental infirmity 
 Ijecoine incapable of" pcrrormiiig tin' duties thereof, or 
 remove out of the limits of his command, or unless the 
 company shall sooner elect some fit person, who shall 
 accept such commission: and it shall be the duty of the 
 Colonel or officer commanding tlu' regiment, to aj>iK)int 
 and commission as oftt-n as the appointment shall be 
 refused: and in every case of refusal to accept, the i>enalty 
 shall be enforced; but no person appointed by the Colonel 
 to an office in a beat comi»any shall be compelled to uni- 
 form himself, or serve in such office longer than one year 
 in three. 
 
o? 
 
 27 
 
 B. — Xon- Com )n issioncd. 
 (a.) — Sergeants, Corporals and Clerks of Companies. 
 
 Every person ap})ointe(l a Soro-eant or Corporal in a com- n,. iso.gs-. 
 pany shall be compelled to serve in that post for twelve epanr^'rco^p^^^^^^^^^ 
 
 ,1 1 J.1 ij. J? J. i 1 n 1 ,1/., ii<'ll<!il to serve fwolvc 
 
 months, under the penalty ot twenty dollars, and titty per m..nthR, unieH8.tr. 
 cent, on the amount of his last general tax, unless he be 
 promoted, or shall remove out of the limits of the company, 
 or shall become, in the opinion of the officer commanding 
 the company, incapable of discharging the (hities of the 
 appointment: l)ut no person shall be compelled to serve 
 as a Sergeant or Corporal longer than one year in two. 
 
 It shall be the duties of the Sergeants and Corporals of n,.. gss. 
 every company to warn the suhalteiMi othcers and privates o.rpi.rais. 
 of their respective companies, whenever necessary, to all 
 musters ; to summon (when required) all defaulters of 
 militia and patrol duty, all non-commissioned officers for 
 neglect of duty or disobedience of orders off parade, and 
 all fatigue-men for the non-performance of duty to the 
 court-nuirtial detailed for their trial, and to report, in 
 writing, on oath, such summoning to the Captain or com- 
 manding officer of their company, before the sitting of 
 such court; and the officer under whose authority any 
 Sergeant or Cor[)oral shall be required to summon any 
 }»erson to a court-martial is hereb}' authorized to aihninistcr 
 an oath to prove such summons, and to certify the same. 
 And it shall be the duty of all officers whose duty it shall 
 be to appoint Sergeants and non-commissioned regimental 
 staff officers, to ij-ive them resiiectivelv a certificate, signed ccrtifirat.- <,f ..i.iM.i..t- 
 officially, specifying the appointment, its date, and the 
 rompany or regiment to which they l)elong. 
 
 It shall be the dutv of each Clerk in anv beat comi>anv, V'\'!'-^\„, . ,,, ,. 
 once in every year, to take a census of his comjiany, and !'»"•••'•• 
 he is authorized to <lemand the name of every jterson resi- 
 dent within its limits, and to inquire into th(! liability of 
 such jicrson to perform militia or patrol duty in such com- 
 jiany; and if any person shall fail or refuse to answer 
 satisfactorily, on oath (which oath he is hereby authorized 
 
28 
 
 to administer), tlic iiccessarv in<|uirios of siuli riork. 
 respectincj liis liability to perform sucli duty, sncli poison 
 sliall Ije eiirolK'd l>y tlit* Clerk, and shall not aftorward be 
 jicrmitted to plead any exemption or disability whieli 
 A. A.iKii.xii.w. j3. existed at the time of sueli enrolment; and if in the Six- 
 teenth Ue^iment, shall forfeit and pay the sum of ten 
 dollars, to be sue<l for and reeovered before any one Justice 
 of the I*eace or Magistrate, whieh penalty shall be paid into 
 the hands of the I'avmaster of the Sixteenth Keiriment; 
 he shall keep a roll (»f all persons liable to perform ordinary 
 militia duty, a list of all alarm-men, and a roster of all 
 persons liable to perform oi<liii:iiy piitrol duty in his eom- 
 pany; he shall, under the su[K'riMUndeiKe of the Cajitain 
 or commaMdiiii; ollic-er (tf the eonipany, make out and fur- 
 nish all patrol warrants to the eonimanders of ]>atrols: he 
 shall nuike out and jiresent to the eommandinu: ofHeer of his 
 company all the returns of the streuirtli and e(iuipments of 
 the eom[»any that shall be rejpiirid: he shall keep a book 
 in whieh he shall reeord all written orders received or 
 issued by the commander of the c(uupany: and he shall be 
 exemj>t from drill at company, battalion, regimental and 
 brigade musters. Every Clerk <d' a company, for neglect 
 of any duty re(piired by law, or disobedience of orders, 
 shall be fined in the sum of tive dollars, and fifty per cent, 
 on tlie amount of his general tax. 
 
 \y. — VuLUNTEKUS. 
 A.- — ( hriiln/. 
 II-.. g54. The Caxairv of thi.v Stale shall ronsist ol' volunteers, in 
 
 Cavalbv : Matorinl, Dn- . .,',.. . i i • i ... , in 
 
 iici«,omc.r(i.i'rivatiH,etc. the temtonal limits ot each nrigadc <>! mlaiiti'v. wlio sliall 
 hold themselves in c<nistant readiness to march to any point 
 in this State, to suppress insurrection or rejiel invasion ; 
 and no comjiany sImiII consist of more than one Captain, 
 two j/ieiitenants, on.,* Cornet, four Sergeants, four Cori)0- 
 rals, one Saddler, one Farrier, one Trumpeter and sixty 
 Trivates. 
 
 n..,^5.'). 2so compaiiv ol cM\alrv shall be received or reoriranizcd 
 
 NuiiiliLT of OfflctTd and ' * ' . , . ' . 
 
 I'rivBt.H lu each Com- as a coiiiiianv, uulcss sucli coniuanv, at its hrst inspection, 
 
 pany. . " . .' . 
 
 shall consist of at least one Captain, two Lieutenants, one 
 
6^ 
 
 20 
 
 Cornet, four Scrg'eaiits, four Corporals, one Saddler, one , a. a., iseo-i. xti. x4j. 
 
 Farrier, one Trumpeter, and thirty-two Privates, in full' 
 
 nniforni, and eaeli member fully equipped with a siuldh'. 
 
 liridh', halter, martingale, erupper, valise and spurs, and 
 
 mounted upon a servieeable horse, at least fourteen and a 
 
 half hands high; the uniform to he submitted to and 
 
 ajjproved by the Major-General, or officer eommanding the 
 
 division to which such company may belong; and if at any 
 
 subsequent inspection any company of cavalry shall not 
 
 contain one Captain, two Lieutenants, one Cornet, four 
 
 Sergeants, four Corporals and twenty-four Privates, fully 
 
 equipped, armed and mounted, as above, and shall not 
 
 recruit to that number within six months after notice to fill 
 
 up its ranks, given to the commander of such conijtany, 
 
 then such company shall be dissolved, and the commissions 
 
 of the ofHcers vacated. 
 
 "Whenever there shall be but one company of cavalrv a. A..is4i.xi.isn.{!:.r.. 
 
 . , . , T 'i n • i' A. 1 • 1 i/ 7> • T " Single Companv iiilii- 
 
 witnm the limits ot any mtantrv l)ngade, the IJngadier-fantr.v uiiga.i.- 1- !.■■ «»- 
 
 (jT en era I, or officer commanding such l)rigade, sliall attach infantry. 
 
 such company to one of the regiments of infantry. of his 
 
 brigade, and such company shall be subject to and obey 
 
 the orders of the officer coninianding such regiment of 
 
 infantry. 
 
 Wlienever tliere sliall be more than one and less than Tb..i9o.g.i7. 
 
 .,.,,.. I'l More than ono and lecu 
 
 four comi>anies of cavalrv within the limits of any briijade, <i""i <■'""• companio. m 
 
 .,,,,' . , ■ ' form a Battalinn etc. 
 
 siicli comjianies shall be organized by the officer command- 
 ing such brigade into a battalion of cavalry, attached to 
 such l)rigade, and shall be subject to and obey the orders of 
 the officer commanding such brigade. 
 
 Wlienever there shall be four or more companies of n... (;.•.«. 
 cavah'y within the hmits of any mfantrv l)ri<ra<h'. such nifH.tof.Tm « K-pin-n'. 
 
 . . ■ ' . rank. ftc. 
 
 Com[)any shall be organized by th.' officer commanding 
 such brigade into a regiment of cawilry, which regiment 
 shall have the number and corresponding rank of the bri- 
 gade in which it is raised, and the officers thereof sliall take 
 Lrank of all officers of similar grade and date of commission 
 in any regiment higher in number; but no regiment shall 
 consist of more than eight coni]ianies. 
 
30 
 
 VV**^ 1. in a Whenever tlicrc Miall l>e two regiments <»f cavalrv in a 
 "I^V " "division, such regiments shall he orjrani/.od by tlie dffirer 
 
 coninianding snch <livisi<»n into a l)riira<lo ofravalrv, wliicli 
 l)riira<le of cavah'v sliall take tiie nninhor and correspond- 
 iiiif rank of sneli division, and the oftieers thereof shall 
 take rank of all oftieers of similar irrade an<l date of com- 
 mission, in any hri^radf hiirher in nnmher. 
 
 V' .*""j . Each hattalion or sunailron of cavalrv shall consist of not 
 
 A S<jiiiulnin. it* RiKr, 1 • 
 
 '■'"• less than two or more than fonr companies: and it shall he 
 
 the dnty of the Colonel, or officer commandinir a rct^iment 
 of cavalrv, to arrani^c the conijianics of his rcirinicnt into 
 battalions, as ctpial as practicable. 
 
 ii,..j6i. Whenever there shall he but one re«;iment of cavalrv in 
 
 iii.-nt in « DiviHi.in. an}' (livisioii, such rcLrimcnt sliall, he attacheil to and torm a 
 
 part of the bri<xa<le in which such rcirimcnt is raised, and 
 
 shall be subject to and obey the orders of the officer com- 
 
 iiiaiidiiii; sM<-h britradi'. 
 
 ,1, JP2. TliiTc shall be to each brii^adc. regiment, baltalioi^ and 
 
 NiinilxT. i;riuli- an<l (In- i' i ^l i i i v ill 1 
 
 ii.*of offlcen.. company of t-avalry the nniiilter and i^radc or t)tTn'ei-s and 
 
 non-commissioned otlic-crs. who shall respectively perform 
 the duties heret(dbrc jirescribed, 
 
 KiecM!!?.H. .liRibiiity. Klectious for officers in the cavali-y shall be ordered, 
 .,.wiifla.ti..nKoiv„ter»: ;„1 viTtised and conducted, tin- same eiiu-ibiiity to olKce and 
 the same (piaiitieations in the voters re(juiri'd. all appoint- 
 ments made, and tin- j)ersons elected or ap]»ointed to ollice 
 commissioned, in the same manner as in tlic inl'antry; no 
 j)erson in the ai-tillery or infantry shall Ik- I'li^iblc to office, 
 or entitled t<t vote for any olficcr in the cavalrv; and no 
 person in any or<;ani/A'd bi'ii^ade of cavalry shall be eliii^ible 
 to office, or entitled to vote in any bri«::ade of infantry ; and 
 no jicrson in any orirani/.cd i-e«;iment, battalion, or in any 
 company of cavalrv, shall be elii^ible to t>ftice, or entitled to 
 vote for any officer in any reirinient, battalion or stjuadion, 
 or comjtany of iid'ant ry or ai'tiliery. 
 
 n... i 04. 
 J ';'rX7,:S.'' a AVhenever any battalion or s.piadron of cavalry shall be 
 conipaZ^K. <!^^^^^^^^^ below two cttnipauics, it shall be dissolve<l, and 
 
 ho .ii««..iv,..i. the commissn)n ot the J.,ieutenant-C olonel or Major tiiereot 
 
Ci^' 
 
 sliall be vacated; whenever any regiment of cavalrv shall 
 be reduced below four companies, it shall be dissolved, and 
 the commissions of the Colonel and staff officers thereof 
 shall be vacated ; whenever either of tlie regiments com- 
 prising a brigade of cavalry sliall be dissolved, such brigade 
 shall be dissolved, and the commissions of the Uriffadier- 
 GeiK'ral and ofHcers of the stafl:' shall be vacated. 
 
 If anv collision sliall arise between the cavalrv and the u>..?fis- 
 
 ... ,. . . . 1-1 I • T ' CflllidionR between Car 
 
 iiitantiT, Within any division in which a l)rigade of (.-avalry ''ry '""•'ni"a"»r.v. 
 
 shall be organized, it shall be the duty of the Major-Gene- 
 
 ral to determine the case; and if any such collision shall 
 
 occur within any brigade of infantry, in which the cavalry 
 
 shall not form a part of an organized brigade of cavalry, it 
 
 sliall be determined by the Brigadier-General of infantry; 
 
 the parties in the former case shall have the right of ap[)eal 
 
 to the Commander-in-Chief, and in the latter to the Major- 
 
 General of the division. 
 
 Each Colonel of cavalry shall attend a muster, and ii'-ifli^'w. 
 
 • _ Cdioiicl. Lieutenant- 
 
 instruct each companv of his rea-iment, at least once inr"''""' ""■' ^'"j"'' '" 
 
 every two years; and each Lieutenant-Colonel and Major 
 of cavalry shall attend a muster, and instruct each com- 
 pany of their respective battalions, at least once in every 
 year. 
 
 B.—Ar(!Um/. 
 
 There shall not be more than one volunteer Artillery a'"/7s6o-i. xn.>4fl. 
 company to each regiment of infantry, and it shall bc^'*^pTiM.r.i.T: one com- 
 
 ..iT.,1 '1 • ,• I'l'i* * 1 . i. I'ativ t<i earli lieirinient of 
 
 attached to tlie said regiment m winch it is raised, except 'i„f^,„ry;i,i,mi.er..froin- 
 in the Parishes of St. Philip and St. Michael; and such''""'' 
 '•ompany shall consist of one Captain, four Lieutenants, 
 one Ensign, four Sergeants, four Corporals and at least 
 forty Privates; and any company that shall not consist of 
 the number of officers, non-commissioned officers and pri- 
 vates aforesaid, in fall uniform, and shall not recruit to that 
 nuin1)er within six months alter notice to the commander 
 thereof to till up its ranks, then it shall be dissolved, and 
 the commissions of its officers shall be vacated. 
 
32 
 
 A. A IMS. XI 277. Ti,e companies of Artillerv in the rarislios of St. Philip 
 
 and St Michael shall oonstitnto tlio First Keofiinent of 
 Artillery, J>onth (.'arolina Militia, with two hattalion.s of 
 not less than tW(» nor more than three eompanios eaeh. 
 
 iV..n«.'rc^inl!rny' Tlicrc sliall he attached to the Fii-st Comjiany of th. 
 
 German vVrtillerv, ?^ii*st Heiriment of Artillery, Sontli 
 K Carolina Militia, a corps of Pioneers, which corps. shall 
 Consist of one commissioned officer, with the rank of 
 Second Lientenant. one Scrireant, two Corporals, and not 
 more than twenty-four and intt less than twelve Artificers. 
 
 A.A.. i85cxn..wi.?i. Kach corjts of artillerv throUirhoMt the State shall he 
 
 Allowaiire to Artilliry ... * in i i- .• 
 
 comimnip*. aliowcd tlic sum (j1 thirty-seven (i(»lhirs -.nid ntty cents tor 
 
 eacli piece of artillery fnlly manned and rejj^nlarly exercised 
 hy the said corps, t'or the purpose of defraying the cxjienses 
 of the same, to he drawn from the treasury hy order of the 
 conunandinu: otlicer of the said corps, countersigned hy the 
 commanding ofticer of the regiment or hattalion to which 
 the said company may he attached, stating the numl)er of 
 pieces so manned and exercised as ahove: Proflthd, The 
 sum so to he drawn shall in no t-ase exceed the sum of two 
 hnndiiMl and tweiity-tixc ilojhn's. 
 
 C — liijUiiien. 
 
 1S41. XI. VA. ?;i. There niav he to each rei:;inieiit of intautrv two volunteer 
 
 Lir.nT iNPANTKV or l!l- . ' . . . 
 
 jLKMKx: cnipaiiu-j 1" " eom))anies of liifht infantrv or ritli-men, or oUe of each, if 
 "'■" '■'■■ practicahle, shall he raised in and attached to each hattal- 
 
 ion; and whenever any such company now in existence in 
 any regiment having more than two su» h companies, shall 
 he dissolved, no new eompany shall he raised therein, nor 
 shall any such company he i-aised in any regiment having 
 A. A. isBi. xn, S4'.i. ij. ^^V'* *•■' i"**''*^' >*'n"h companies; such conijianies shall consist 
 of one Captain, two Lieuti-nants, one Knsign, five Sergeants, 
 six C%>rporals, and not more than eighty-six nor less than 
 forty-eight i»rivates. in full uniform, and such uniform shall 
 he suhiiiittcd to and approved hy the coninunidci" of the 
 hi'igade to which such company helongs; wlu'never any such 
 c(jnipany shall he reduced helow the nund>er of otKcers, 
 non-commissioned officers and privates, in full uniform, 
 
(^^r 
 
 33 
 
 above required, and shall not recruit to sucli number 
 within six months after notice to its commander to till up 
 its ranks, it shall then be dissolved, and the commission of 
 its officers vacated. 
 
 D. — 3Iutual Bights of Beat and Vohmtecr Companies. 
 
 Xo volunteer company of artillery, light infantry, or ts4i. m, v..-. ^7::. 
 wtiemen, shall consist of more than one Captain, two Lieu-nf^(""ni'i«mi<"*^ "r^iPiT* 
 
 , , TT^ • r CI ij?/^ i,-»r I^idlit Infantiv anri Rifle- 
 
 tenants, one hnsign, tour feergeants, tour Corporals, two Mu- in<n. 
 sicians, and eighty-six Privates. JEach non-commissioned rc,„fic..t( ..r nun.!.-. 
 officer, musician and private of a volunteer company shall **"''■ 
 be furnished by the commanding oiRcer thereof with a 
 certificate of membership, and it shall be evidence of 
 exemption from militia duty in the beat company in which 
 he shall reside; but no such certificate shall be given, nor 
 such exemption allowed in •the beat company, until such 
 person, alleging his membership of a volunteer company, 
 shall be uniformed and equipped according to law; and 
 any officer who shall knowingly give a false certificate of 
 meiHbership, shall be court-martialed, convicted and cash- 
 iered, and shall forever be deprived of becoming a member 
 . of any volunteer company. 
 
 Volunteer companies may adopt a constitution and set of. ^•„,^C5^**'^" '"^"' "' 
 by-laws, not conflicting with the general law, and enforce ro'i!!rm,,n!.n ^a^VL- 
 the same by all needful rules and regulations; and hold , ';:;,:,:'' '""'""^■' ^"" 
 (Mill}, any courts-martial, to be composed of a majority of 
 the commissioned officers, for the trial of oflences created 
 by such constitution and by-laws; and to collect by process 
 of execution, to be issued b}' the presiding officer thereof, 
 all fines and penalties imposed b}' such courts-martial. 
 Such process shall be executed by the sheriff of^the dis- 
 trict wherein the person fined resides, and a return thereof 
 
 fjAe made by the said sheriff to the captain of said com- 
 
 'pany, within three months after the same may have been 
 lo<lged in his office. In every other respect, the said 
 
 ,:*COUrt.'<-martial shall be subject to the law in regard to 
 
 !^gimental courts-martial. 
 
 No Ijeat company shall l)e reduced, by the raising of any .^^ ^^ 
 
 luntcr company, l)elow the aggregate of fifty men, in- Voiui..«. (>..'..','*'"'' " 
 3 
 
34 
 
 cludiiii; <>ffitei*s, lum-oojuinissionod oftiocrs ami imisifians; 
 and wlic'ii any ]>eat c-oinitany shall, fnnii any cause, bofcune 
 reduced below tlie number ofTorty nu>n, exclusive <»1" offi- 
 cers, non-connnissioned oiliccrs and musicians, and there 
 shall l)e any one liable to do ordinary militia dutv residin<j 
 therein, and cluiniin/; to be a member of any vohmteer 
 com|»any, the commandin<x olHcer of the former shall re- 
 quire the comnumder of the latter to transfer to him a 
 suflicient number of men residintj therein to nuike up th(y 
 number of forty men, even if it shouhl take all the mem- 
 bers of such volunteer com[»any that shall reside in such 
 beat, and they shall become members of said com[>any; 
 such requisitions shall be made upon tlie different corps 
 in the follo\vin<; ordir, t<» \\\{: first, upon the artillery; 
 secondly, ujion the lij^ht infantry and riflemen: and, lastly, 
 ui»on the cavalry: Provided, no person shall be permitted 
 to become a member of any vohmteer comjiany if he shall, 
 by becoming a member, reduce the beat comi)any below 
 forty, rank and file: Provided, also, that nothing herein 
 C(»ntained shall affect any volunteer company already 
 . raised, so as to prevent the same from retaining and keep- 
 ing up the present number enrolled in and belonging to 
 said com[)any. 
 
 objocH.ms uf Mich V..1- '^^'•-' commanding officer of a volunteer company object- 
 M.'J^irnMaX!^""oa%tc^^^^^ to such rc(iuisition, shall, within twenty days thereafter, 
 make the same in writing to the commander of the regi- 
 ment to whicl»the heat belongs, who shall determine the 
 validity of such objections; and either party may appeal; 
 in case the re<]uisition be n)ade ujion a company of cavalry 
 forming a part of a brigade of cavalry, to the Major-General 
 of the division, and in all other cases to the ]irigadier-Gen- 
 eral of tHe brigade to which such company belongs, and 
 the decision of the MaJor-(!eneral in the former, and the 
 lJrigadicr-(ieneral in the latter case, shall l)e conclusive; if 
 the commander of a volunteer company shall neglect or re- 
 fuse to comply with such rccjuisition, and shall not, within 
 twenty days thereaftei", make his objections tliereto, as 
 aforesaid, the commanding officer of the beat company 
 shall enroll in his comiiany the names of persons residing 
 therein, and belonging to sii<h volunteer company, and 
 
35 
 
 have them warned thereof, and \}\ey shall perform militia 
 duty in such beat company: Provided, that no such enrol- 
 ment shall exceed more than a sufficient number to make 
 the aggregate of forty, rank and file. 
 
 Xo member of any volunteer company shall leave it, "••■S's- 
 
 •' _ _^ ■ ' Meni1iprslii|i nf Vuliin- 
 
 unlcss he shall have 'given at least six months notice i n •'•'■'• ,c«n'panio*. im* va- 
 
 ~ rated. 
 
 writing of such intention to the commander thereof, and 
 shall forthwith enroll himself in the beat company in which 
 he resides, or become a member of some other volunteer 
 com[)any, and produce a certificate thereof from the com- 
 mander of such company, or unless he shall have accepted " 
 of an ofiice inconsistent with the membership of such com- 
 pany. 
 
 When any volunteer companv shall be dissolved, each it', it's. ?:«• 
 
 ' " . ' . MpniWrs of Vnluntciri 
 
 member thereof shall forthwith enroll himself in the ])eat*'""'i'^'''''" '"/""'"■'' '" 
 
 enroll in Bfaw. » 
 
 company in which he resides, or shall become a mem- 
 ber of some other volunteer cohipany ; and every person 
 that shall neglect or refuse to do so, shall be fined in the 
 double amount for which he would have been liable if he 
 had been regularly enrolled and made default, for each 
 muster of the b^at company that shall occur after such 
 dissolution, and before his enrolment. 
 
 Officers, non-commissioned officers and privates of volun- n... i". 
 teer companies shall perform the same duties, and be hablean-i i'rivateiofVr.iuMt.-.T 
 
 ^ '■ _ C"ni)ianips. 
 
 to the same fines and penalties, as other officers, non-com- 
 missioned officers and privates of the militia; and if any 
 such company shall be called into service by the Command- 
 ( i-in-Chicf of this State, and shall refuse to go as a wliole 
 company, it shall be forthwith dissolved, and each incinlier 
 so refusing to go into service shall be forever de]iriv<'d of 
 liccoming a member of any volunteer company. 
 
 Anv officer of anv volunteer company who shall make a '''•• ?^^- 
 false muster of his conipany, with the intention to deceive 
 any officer wliose duty it may be to inspect such company, 
 or shall, knowingly i^ake any false representation to such 
 officer concerning the numlier of the men in his company, 
 or their uniforms, arms or equipments, shall, u[»on con- 
 
36 
 
 victioii hy a oourt-niartial. ho oasliiorod. and forever de- 
 
 privcd of lit'cttiiiiiiLr !t niciidirr of ;in\" volnntfiM* «'oin]>:iiiv. 
 
 ;"■ in 1 TIh* Adjutant and Insnertdr-iitMUTal, and the otficerH of 
 his department, under liis orders, sliall hereafter ins])cct all 
 volunteer companies, and sliall report the reeeptM)n and 
 dissolution of any compan>' to the Brii^adier-General, and 
 no other officer shall liave authority to receive or dis- 
 solve any such company; when the reception ordissolution 
 of a company of cavalry shall affect the organization of a 
 hrigade of cavalry, it shall l»c reported to the Major-General 
 of the division. 
 
 V,.i>ii.t"erc«mi.m.ips Voluutcer compauics shall elect their own officers; and 
 .■i..^..h..iromc.-n<.,.tc.,^^ memher of such company shall he entitled to vot.. at 
 
 any election for an officer of a heat company. 
 
 V. — Co.urts-Mautial. • 
 
 A . — (. 'oinpdsiiwn . 
 
 ''mrtrMartiai, bv ^^^^ Commandci'-lii-t 'liicf sliall have power to order 
 
 whom „r.ieie«i. conrts-iuartial for the trial of any offi^er, non-commis- 
 
 sioned officer, musician, private or fatigue-man of the 
 militia of this State; and the several officers commanding 
 divisions, hrigadcs or regiments shall have power to order 
 courts-martial for the trial of any officer, non-commissioned 
 officer, musician, private or fatigue-man of their respective 
 divisions, hrigadcs or regiments; and the commander of a 
 hattalion of artillery or cavalry, not forming a part of an 
 organized regiment of cavalry, shall have power to order 
 courtfi-martial for the liial of any officer, non-commissioned 
 officer, musician or private of his hattalion. 
 
 (i'.iiiirMnitiai of A court-martial, for the trial of any commissioned officer, 
 
 >yhgui c..mi".«..i. .s]irj]] ^onsist of uot Icss than five nor more than thirteen 
 
 commissioned officers; for the trial of a Major-Gcneral, it 
 shall consist of at least one Major-Gcneral, two Brigadier- 
 Generals, and the other memhers oT the court, sliall be 
 officers above the rank of Cajitain: for the trial of a Briga- 
 
37 
 
 dier-General, it shall consist of at least one officer of the 
 rank of Brigadier-General, ^nd the other memhcrs of the 
 court shall be above the rank of Captain ; for the trial of a 
 Colonel, a Lieutenant-Colonel and Major, or any staff 
 officer of their respective ranks, it shall consist of at least 
 one officer not under their respective ranks, and the other 
 members thereof shall be officers not under the rank oi" 
 Captain ; for the trial of a Captain, Lieutenant, Ensign, 
 Cornet, or any staff officer of their respective rank, shall 
 consist of at least one officer not under the rank of Major, 
 asid the other raenibers of the court shall be commissioned 
 officers; and for the trial of a non-commissioned officer, 
 musician, private or fatigue-man, shall consist of at least 
 tliree commissioned officers. 
 
 It shall be the duty of each Maior commandino: a battal- H'-io^. (;sr>. 
 
 •^ '' ^ '^ CourtB-Martial fur «at- 
 
 ion of artillery or cavalry, not formins; a part of an oriran- *«''"'?'' "*" Aiiiiu-rv ..r 
 
 ^ «' ' i"^ 1 I— Cavalry. 
 
 ized regiment of cavalry, to order courts-martial, which 
 shall meet at least once in every four months, at some con- 
 venient place within the limits of such liattalion, and shall 
 tty all non-commissioned officers, musicians and privates 
 of the l)attalion for their default in an}- duty required by 
 haw; and he shall report promptly, to the commanding 
 officer of the brigade to which such battalion is attached, 
 every officer thereof who shall disobey any order, or not 
 perform the dutj^ required by law. 
 
 The officer authorized to order a court-martial shall also ii'.. jm. 
 
 Suiwrtnimfrniic- •! 
 
 have power to appoint supernumeraries, as well as the (^""••t'-MarfiMi. 
 members of such court, and the former shall supply the 
 vacancies occasioned by the absence, inalnlity or incomi>e- 
 tcncy of the latter; but such court shall not be composed 
 of supernumeraries below the rank required by law to 
 constitute it. 
 
 B. — Procedure. 
 
 The acting Judge- Advocate of a court-martial shall ad- J^-J^^/,! 
 minister to each witness, l)efore allowed to give evidence, 
 the following oath, to wit: "You swear the evidence you 
 -hall give in the case now in liearing shall be the trutli, the 
 whole truth, and nothing but the truth — so help you God." 
 
 t nfHi<i<'> 
 
6^0 
 
 38 
 
 *J ' "" i--„fi„ Any person may solid liis fxcuso or defoncc in \yritini;, 
 wnn..c ..I. .■■Ui..xcq.t,g^y^jj.„ ^^, before some iiorson authorized to administer such 
 oath, to any conrt-martial convened for his trial, and it 
 sliatl be received and acted on hy the court, unU'ss it shall 
 deem liis personal attendance necessary to an adjudication 
 of the matter, in which case the President of the court 
 shall issue his summons, ref|uiring the personal attendance 
 of such j)erson, on such day as may he aj^pointed hy the 
 court; and if the person summoned shall refuse or neglect 
 to ohey it, the court shall proceed as if no defence had 
 • been rendered. , 
 
 i''-*'"' , . The members of a court-martial, in ijiyinsr their oiiinions 
 
 Opinion* of mcmlHTi'. ' ir< o i 
 
 i\\iOU any (picstion submitted to them for decision, shall do 
 so successively, bc'^innini^ from the youngest in commis- 
 siou, the President delivering his opinion last. 
 
 i.*''**l'v ^t The actinn" .Iiulice-Advocate of every court-martial shall 
 
 iiiaki' a faithful record of the jiroceedings of such court, 
 which, after being read over in their hearing, shall be 
 signed by the President and himself, and transmitted by 
 the latter to the officer ordering the court; lio sentence of 
 any court-martial shall be executed until approved by tlie 
 officer ordering such court; if any (»fficer ordering a court- 
 martial shall be promoted, i-esigii, die or vacate his commis- 
 sion by i-eniovai, oi- )»y any other way, befoi'c the sentence 
 shall have been executed, tlu' proceedings of such court- 
 martial shall be transmitted to his successor in command, 
 who shall have the same power, and discharge the same 
 duty in ivgard to such proceedings, as if he had oi-iginally 
 order<'d the conrt. 
 
 ii'.«M«. li' the olHcer authori/.ed to aijprove tlie proceedings of a 
 
 i'"''"- '-'^ court-martial shall think their decision erroneous, he may 
 
 reassemble them to consider the case, and may assign his 
 reasons to them, ami tlu'y shall rortliuith reconsider the 
 case, and their deterniinatioii shall be conclusive, and he 
 shall carry the same into elleet ; but in every case affecting 
 the rank or commission ot" any officer, this officer shall, 
 al'tei- the rec(^>nsiderati(»n ol" such court, have the right of 
 apjieal, from a court ordered by a Colonel, to the Brigadier*- 
 
C^l 
 
 39 
 
 General, or from a court ordered by a Bri<i;adior to the 
 Major-General, or from a court ordered hy a Maj()r-(!ciieral 
 to the Commander-in-Chief, and the decision of the ofKcer 
 to whom the appeal is nuide shall he conclusive. 
 
 The acting Judge- Advocate of a court-martial for the n... iiioji.t.. 
 trial of an officer, non-commissioned officer, musician, pri- 
 vate or fatigue-man shall administer to each member of it, 
 before they proceed to such trial, the following oath, !o wit: 
 "You swear that you will well and truly tr}- and determine, ontii ..i Miinii.iii.. 
 according to the law and evidence, such case 'as shall bo 
 brought before you, without partialitrv, favor or affection, 
 and tliat you will not divulge the sentence of the court 
 until it shall be publislied by the proj)er authority, neither 
 will you disclose the vote or opinion of any particular mem- 
 ber of the court-martial, unless required as aAvitness to give 
 evidence thereof by a court of justice — so lielp you God." 
 When such oath shall have been administered to the mem- 
 bers of the court-martial and the President thereof, he 
 shall administer to the acting Judge-Advocate the follow- 
 ing oath, to wit: "You swear that you will not disclose the uaD, ,,( .i„.i>:..A.iv..- 
 vote or opinion of any particular member of the court- 
 martial, unless required as a witness to give evidence 
 thereof by a court of justice, nor divulge the sentence of 
 the court to any but the proper authority until it shall be 
 disclosed by the same — so help you God." 
 
 If any member of a court-martial shall be challenged by ii-..i*:ti. 
 
 1 11 111 ni • !•*• I'l ClmllpiiKe ".f i»i.-iiil er». 
 
 tlie accused, he shall state the cause of his obiettion, winch rpfii«ii to ,,;(.a.i Hpt-**'". 
 
 etc. 
 
 the court shall consider and determine ; and if any person 
 airaigned l)efore a court-martial shall stand mute, refuse to 
 jilead or answer foreign to the purpose, or if any one sum- 
 moned to make his /defence before a court-martial shall 
 neglect or refuse to ajipear or to send his defence in writing, 
 sworn to before .some one authorized to administer such 
 ih, the court shall proceed to try and adjudge the case as 
 il he had pleaded not guilty; but in every such case the per- 
 sons against whom judgment may be rendered, or any one 
 <lissatisfied witli such decision, sliall have the right, within 
 Thirty days after its publication, to appeal to the offieor 
 ordering the court, acconijianying the same with an affidavit 
 
£0-: 
 
 40 
 
 that he couhl not attend the court, nor render liis defence 
 in writing to tlie same, or that lie conUl not, from some 
 cause wliieh f^hall he stated, make liis defence to such court, 
 without neglect or design on his part, and that the appeal 
 is not merely for delay: J^'oridal^aho, that any jierson who 
 may he fined hy default and conceive himself aggrieved i>y 
 the sentence of the court, and shall make affidavit that he 
 could not attend the court hy which he was tried, or render 
 his excuse in writing to tin* same, and that it was out oi'his 
 power to sue out an api)eal hefore the issuing of execution, 
 and that he does not apjieal for the i)urposes of delay, the 
 otiicer ordering sucll* court shall have power to hear and 
 determine the case; and if he shall decide in favor of the 
 party so aitpealing, he shall notify the sheriif in writing to 
 that eflcct, upon which the sheriff shall enter satisfaction in 
 the case, stating the manner in which it was settled. 
 
 Appeals. 
 
 In case of appeal hy a cnnimissiom.'d ollift-r ikmh the 
 decision of a court-martial, the officer ordering it shall reas 
 semhle it, or order a new court lor the trial of such appeal, 
 and such court shall proceed to try and adjudge sui-h case 
 as if no trial had occurred ; and in all f»ther cases of apjieal 
 the officer ordering the court shall hear and determine the 
 case, ami his decision shall he conclusive. . 
 
 ib.,io6,jiM. The officer who shall report anv defaulter of militia, 
 
 «n.i .)f those fln.Mi. patrol or fatigue duty to any (•(•iirt-martial, shall certify to 
 its correctness, which shall hi' di'cmed hy the court as suffi- 
 cient evideffce of such default, unless it shall he denied, on 
 oath, hy the person reported, or disj»rovet| hy other compe- 
 tent testimony: and the acting dudge-Advocale of any 
 such court-martial, upon its final adjournment, shall, wlu're 
 it was held, i»ut up a notice of the Tiames of such as have 
 been fined hy the court, the amount of fine imposed on 
 each, and shall furnish the proper Paymaster with a copy 
 tliereol". 
 
 11).. ?Ofl. 
 WitiRHscs, l.y 
 
 ^IIIIIIIIIilU'll. clc. 
 
 Any memher of a court-martial, or the Jiidge-Advocat( 
 
 ''"""thereof, shall, ujion the application of any person interestec 
 
 in any ti'ial to he had hi-fore such court, ]U'evious to itJ 
 
 sitting, issue his summons to comjtel the attendance oi 
 
41 
 
 any "witness at snch court, which may he served npon 
 the Avitness liy any person Avhatever; and if, after heijii^ 
 so summoned, he shall neglect or refuse to ohey the 
 same, without a sufficient excuse, he shall he liahle to a 
 fine — if an officer, equal in amount to the tine imjiosed 
 upon one of his grade for non-attendance at a regimental 
 parade; and if a non-commissioned officer, musician, i)ri- 
 vate, or person exempt from militia duty, two dollars, and 
 fifty per cent, upon the amount of his last general tax : 
 Provided, no person shall he compelled to attend any court- 
 martial, who shall reside more than twenty miles from the 
 place where such court shall sit. 
 
 The form of a militarv summons for a witness shall he as ib.. ^lon. 
 
 , ' Konn of SiimmotiK. 
 
 tollows: 
 
 "The State of South Carolina. — To : You 
 
 are hereh}- summoned, upon the application of C D, to 
 attend a court-martial, to he held at on the , 
 
 day of A. D. 18 , to give 
 
 testimony in a case then and there to be tried. 
 
 A B, member of the Court, or 
 Judge- Advocate, (as the case may be.)" 
 
 The written deposition of any Avitness, sworn to before ib. (>ioi. 
 
 . - ' . . , ., Kvidfiirp mav l>e given 
 
 some person authori/.ed to administer an oath, may be "• wniinp. provi(U-<j, etc 
 given in evidence at any court-martial: Pro?'?V^€fZ, the Judge- 
 Advocate and party accused shall both be present at the 
 taking of such .deposition ; and that the Judge-A<lvocate 
 and party accused shall each have a right to refuse to admit ^ 
 
 such tcstimonv on the trial, unless he has had at lenst five 
 days previous notice of the time and place of taking the 
 -ame, and that whenever such notice has been given, such 
 testimony may be given in evidence. 
 
 , C. — Decisions. 
 
 The officer to \^iom tlie proceedincs of anv court-niiirtial i'' ?«:'• . ,. „ 
 
 1 "^ • KtfTiitinim, ny whom 
 
 shall be transmitted for a]>proval, on the cxjiiration of thirty »';^'^*'"n'"^'"^' "'"''•'''- 
 days from its adjournment, shall issue execution for §11 fines 
 ini]>oscd by such court, and not previously paid to the pro- 
 jMT Paymaster, and shall forthwith lodge the same in tlie 
 
42 
 
 Sheriff's office of the district in which the pei-son lined 
 resides; and the Sheriff shall enforce and return the same 
 to him within four months Irom his lodsriuii:, and shall pay 
 the amount to the Paymaster, under the penalties now 
 inip(»sed hy law tor not returnini? |iroces8 issued from the 
 Courti^ of Reconl in tliis State, and shall he liable to rule 
 and attachment from the Court of Common I'leas of the 
 district wherein he resides, upon motion of any Attorney, 
 Paymaster, or commissioned officer of the militia. 
 
 lb., jwi. Any iicrsun (Mi wIkmu a line shall be imjtosed by a court- 
 
 Pnymcnt of flm^H Willi- ." -.i • ^ .. i xv •- v * ^ 
 
 in iwiiitv davK. martial, may, withni twenty <lavs alter its adjonrnment, pjvy 
 
 the same to the Paymaster, who shall •<:ive him a receipt for 
 it, and forthwith report such ]»ayment to the officer to 
 whom the proceedings of the court shall have been trans- 
 mitted. 
 
 lb.. {>'j:. The Sheriff shall, niiuii the delivery of an execution in 
 
 Kxccunoiih. li<i« uctoil . ,,, . •!• • 1 • • • 1 
 
 ..II i.y siiorift. his omce lor a militui or }»atrol line, ascertain Iroiii the ta.\ 
 
 list in the office of the ClcMk of the Court of Common Pleius 
 the tax paid by the defendant, in each execution for the year 
 mentioned in the same, and shall insert therein the aggre- 
 gate amount of line imposed, and the per cent.; and if such 
 defendant shall neglect or refuse to pay the same, and the 
 cost^ accruing, and shall fail to point out to the Sheriff 
 sufficient personal proi>erty to satisfy the same, he shall, by 
 virtue of such execution, sci/.e such person, and commit 
 liim to close conlinement in the common j;yl ol' his district, 
 there to reiaaiu until tlii' liiu' and costs are iiaitl; I»iil aiiv 
 one so commilted shall he ivleased at the eiul of a time to 
 be comi»uted at the rate of one day for every dt)llar of such 
 tine, upon liis swearing before some Magistrate that he is 
 unable to pay the sum for which he stands committed; and 
 in no (Mise shall such [lerson be conlined in prison for more 
 than ten days, if at the end of that time In^ shall take the 
 oath above required. Whenever one or more tines shall be 
 imposed by the sentence of a eonrt-martiat, the officer whose 
 dut}' it shall be to issue execution for the collection thereof, 
 may include all or any number of the said tines in a single 
 execution, of the following Ibnn: 
 
4fr 
 
 43 
 
 The State of South Carolina. 
 
 To tJic Sheriffs of said ^tate. 
 Whereas, at a court-martial, held at 
 
 on the day of , A. D. 18 , the persons 
 
 iiaincd ill the following list were sentenced by tlie said 
 Court, for the causes specified, to pay the snnis suhjoined 
 to their names respectively : 
 
 List iif poisons 
 tiiK'd. 
 
 Cnnsi' of I Fixeil am't of 
 
 of filU'S 
 
 Ain't of fines' ApgregHtpofj Cohimii for | Column for 
 tobornlcula-ltines to liP'Shcriflfto cn-'Slicrifl to in- 
 tod on goiio-' inserted byiter ]i:i.vnipnt sort lii.n costs, 
 raltJtxoftlie Slieiifi". lof fines, or nnii enter |iay- 
 year 18 . make other nieiit thereof. 
 
 retuniB. 
 
 Form i>f Kxeculi 
 
 \ You, and each of you, are hereby commanded to levy and 
 sell of the goods and chattels of each of the persons named 
 in the said list, sufficient to satisfy the fine or fines so 
 adjudged against him, as well as the costs which shall 
 accrue against him ; and to pay over the said fines to the 
 Paymaster of the" , And if any of the 
 
 said persons shall refuse or fail to pay the fine or fines so 
 adjudged against him, or to shoAv personal property suffi- 
 cient to pay the same, you are commanded to take him and 
 lodge him in the common jail of your district, there to 
 remain until discharged by law. 
 
 Given louler ))o/ hand and seal, the doij of , 
 
 A. D. 18^ . Y. Z. [L. s.] 
 
 (with rank attached.) 
 
 The Slieritf shall be entitled to receive from the person i';- ]'^\- f, 
 
 I agflinst whom execution shall issue, the following costs, 
 
 \ to wit: for every fine paid before levy» fifty cents; after 
 
 1 levy, and befc/re sale, one dollar; for every fine collccte<l l)y 
 
 sale of property, including lee for advertising, two dollarn 
 
 :ind fifty cents; for arresting and committing delinquent to 
 
 jail, two dollars; and the Slierift' shall be entitled to retain 
 
 twenty per cent, on all fines he may collect. 
 
44 
 
 VI. — Fixes and Fokfeitures. 
 
 <»fM«j..riin.iBri(:H.ii.r- EiuOi Mujor-Goiieral who shall nesrli'ct to attoud a review 
 aiirti.i r.ii,w.i.„i .triiiH.aiKl urill of each re^immt of liis division at least once in 
 two years, shall be fined in the sum of fifty doUai-s, and 
 fifty per cent, on the amount of his last general tax, for 
 each regiment he shall fail to attend. Each Brigadier- 
 General who sliall neglect to attend a review and drill of 
 • each regiment of his hrigadc at least oiuc in every year, 
 
 shall he fined in the sum of thirty dollars, and fifty per 
 cent, ujion the ann)unt of his last geneial tax, for each regi- 
 ment he shall fail to attend. 
 
 jb. jii-. ?]ach officer reijuired hy law to make any return or 
 
 Kor iiofflcrt f-makc re- , i i n i '• i i • .m i 
 
 tiirnii report, or who sliall be required l>y any superior otiicer and 
 
 fail to make such return or i'i'i»(»rt. shall be liable to be 
 fined as follows, to wit: A Major-deneral, one liundred and 
 fifty dollars; a Brigadier-General, one liundred di)llars; a 
 Colonel or otKcer commanding a regiment, seventy-five 
 dollars ; a Lieutenant-Colonel. Major <u' officer commanding 
 a battalion, fifty dollars; a ('ai>tain or officer commanding 
 a com})any, twenty-five <lollai*s: a dudge- Advocate-General, 
 seventy -five (h)llars; a Brigade dudge-Advocate, fifty dol- 
 lars; a l\egimental Judge- Advocate, twenty-five dollars; 
 a Paymaster-General, seventy-five dollars; a Division Tay- 
 master, fifty dollars; a Brigade I*aymaster, thirty dollars; a 
 Regimental raymaster. twenty-iivi- dollars; and all com- 
 missioned staff officers shall In- lined in similar sums, 
 according to their resjiective rank, and lif'ty j>er ci'iit. on 
 the amotint of the last general tax of such deliiKiuent of 
 any grade. 
 
 u...-M.iUH ^„y officer of the division staff who shall fail to attend 
 
 FiiicK of staff OfflciTH •' 
 
 for non-attcn.iaucent ri- .^ revicw aiid <lrill*or eacli regimciit in his division at least 
 once in two years, and any officer of the brigade staff who 
 shall fail to attend a review amf drill of each regiment of 
 his brigade at least once a year, sliall be fined for each 
 regiment he shall fail to attend the following sums, accord- 
 ing to his rank and grade, to wit: A Colonel, twenty-five 
 dollars; a Lieutenant-Colonel, twi'iity dollars; a Major, 
 
C<} 
 
 45 
 
 fifteen dollars; a Captain, ten dollars, and fifty per cent, on 
 the amount of sncli delinquent's last general tax. 
 
 Each Colonel of Infantry who shall fail to attend a )';-,<^,V''- ■ .• 
 inuster and drill of each company in his regiment at least f"/{^;||;!^'//,"Jp,,^||;]J'„"i'"''' 
 once in two years; and each Colonel of Cavalry who sh;viic"mi)iinynn.sti,.r«. 
 fail to attend a muster and drill of each coni})any in his 
 regiment at least once in two years; and each ]jientenaiit- 
 Colonel or Major of Infantry or Artillery who shall fail to 
 attend a mnster and drill of each compau}- of his hattalion 
 at least once ever}^ 3'oar; and each Lieutenant-Colonel or 
 >rajor of Cavalry who shall fail to attend a muster antl drill 
 i)f each company of his squadron or hattalion once in every 
 year, shall be fined, for each company in his respective 
 - command which he fails to attend, in the sum of twenty- 
 five dollars, and fifty per cent, on the amount of his last 
 ireneral tax. 
 
 • 
 
 For non-attendance at a reo'im^ntal, or squadron, or hat- JJ--?'^" 
 
 '-' ' ^ Ydi ni>ii-altfiiil)itirc hI 
 
 talion muster, or drill of officers and non-commissioned r''fi"!'.'""''- "l""*'''""" ■" 
 officers, previous to such muster, the following fines shall 
 
 '< be imposed, to wit: On a Colonel, fifty dollars; on a Lieu- 
 tenant-Colonel, forty dollars; on a Major, thirty dollars; on 
 a Captain, twenty dollars; on a Lieutenant, Ensign, Kcgi- 
 mental Paymaster, Surgeon or Assistant Surgeon, fifteen 
 
 \ dollars; on a Sergeant-Major or Quartermaster's Sergeant, 
 ten dollars; similar fines shall be imposed on the commis- 
 sioned regimental stafi' officers, according to their respective 
 rank; on a Sergeant or Corporal, three dollars; and on a 
 }»rivate, for non-attendance at regimental, squadron or bat- 
 talion muster, three dollars, and fifty per cent, on tlie 
 amount of the last general tax of such delinquent officer, 
 non-commissioned officer or private. 
 
 For non-attendance at a comitanv .auster the following n... ?iifi. 
 
 ^ • ^ For tion-altpii'l.' 
 
 fines shall be inqiosed, to wit: On a C.ptflin, fifteen do) lare ;''""'•«">'""•"■' 
 on a Lieutenant or Ensign, ten dollars: and on a non-(M)m- 
 )aissioned officer, musician or private, two dollars, and fifty 
 ! per cent, on the amount of the last general tax of such 
 delin<[uent officer, non-roniniissioncd officer, musician or 
 ]trivate. • 
 
^r 
 
 46 
 
 IV. ti 
 
 mllioiil )'< 
 
 VII. — E.\KMPT!"V-. FrHLOlCHS, APPRENTICES. 
 
 Anv officer, nou-roiiiinissionod officer, mu!<icinn or ]n\- 
 
 ■ ■iii|>n- • I 
 
 ;"""'vate who shall, at anv nnister, jmrade. review or drill 
 whatever, leave his squad, company, battalion or regiment, 
 without iicrmission of his snperior officer, shall he liable 
 to all the [leiialties as if he had wilfully refused to appear 
 at snch ninster. parade^ review or drill. 
 
 I.'' ''*"*' » „ . f The followinsr persons shall be exempted from all militia 
 
 I'prcon* oxonipt in mi , ."> 1 I 
 
 -II MimiMMivir... service, to wit: The Lieutenant-Ciovernor. for the time 
 
 being; the Judges of the Courts of Law and Ivjuity: the 
 Ordinaries: the Clerks of the Courts of General Sessions 
 and Common IMeas: Sheritfs; Masters, Commissioners and 
 Registers in Eqnity: tlie Secretary of State, Surveyor- 
 . General, Com[)trolIer-General and Treasurers of this State, 
 and all persons over tlie age of sixty and under the age of 
 sixteen years: Prurklnl, that any person exempted fnnn all 
 militia duty shall, if he holds any comniissioii in the mili- 
 tary of this State, be not allowed to plead the cxemiition. 
 
 l'«'iJ.i!^\x<M.i,t from The following persons shall be exempted irom onliiKiry 
 
 ....iin..ryMmtiR.i.,tv. niilitiu duty, but shall be liable to perform the duty in 
 
 times of alarm, insurrection, invasion (or as one of the 
 
 posse coniikilKs, wlicn required), and shall not be exemjited 
 
 from draft for actual service; but no person under the age 
 
 of eighteen or aVjove the age of forty-iivc years shall be 
 
 liable to draft for any service beyond the limits of their 
 
 A.A. isf,3. xn Gos.>].i'^'^l'^'^'tive brigades, to wit : All the officers, non-conimis- 
 
 sioned officers and [irivatcs of the South Carolina volnn- 
 
 • teers in the I^'lorida war who were honorably disi-harged 
 
 A.A.,1862 xii.ifii.fi; t''<>i'i scrvicc ; the officers and nuMubers of the Palmetto 
 
 A.A..iM3.xn..mjL'. ,,^,gi,„^.,,^^ j„j,l Jerome P., Kerr, a soldier in the Mexican 
 
 war, of -the Mississippi regiment, ami now of this State; 
 also the members of both branches of the General Assem- 
 bly, and their respective officers, for fifteen days before the 
 sitting, during the session, and fifteen days after the adjourn- 
 ment thereof; all regular officiating (clergymen; all regular 
 licensed jiracticing Physicians; the Faculty and Officers in 
 the South Carolina College; Professors ift Theological 
 
o9- 
 
 47 
 
 Schools; Schoolmasters having under their tuition not less 
 than fifteen scholars, and all students at schools, academies 
 and colleges; Managers of Elections, during their term of a.a. i«.i7. .\ii..)72^i 
 office; all licensed Pilots; one white man to each estah- 
 lished Ferry, Toll-bridge and Toll Grain Mill, if actually 
 kept by such white man ; the Toll-keepers and Lock-keep- 
 ers of the Santee Canal; the President, Cashier and Teller 
 of the several Panks of this State; the officers and men of 
 the City Guard and Fire Department of Charleston and of 
 Charleston Neck ; the officers of the South Carolina Canal 
 and Pailroad Company, as specified in "An Act concerning 
 the South Carolina Canal and Railroad Company," passed 
 on the twentieth of December, Anno Domini eighteen 
 hundred and thirty-two; the Superintendent and Keei)eVs 
 of the Lunatic Asylum ; the Superintendent of l*ublic 
 Works; the Toll-Collectors of the State Road; the Lock- 
 keepers of the State Canals ; the Keepers of the Arsenals 
 at Charleston and Columbia ; the oificers and men of the 
 Citadel and Mag^izine Guard at Charleston, and of the 
 •Arsenal and Magazine Guard at Cohnnbia ; all persons 
 holding office under the Confederate States; all officers 
 who have held, or shall hold, commissions in the militia of 
 this State for the term of seven years consecutively; mem- 
 bers of volunteer companies who have served as such for 
 fourteen years consecutively; members of the Board of a.a. is-,f,,xH >>3.!(i. 
 Fire-Masters; officers and members of any incorporated a.a. i<^.v.. xii :.rt2.?i. 
 Fire Phigine Company, or incorporated Axe Company, who 
 shall have done service as such for fourteen consecutive 
 years : Provided, however, that there shall not be more tlian 
 thirteen companies in the City of Charleston at any one 
 time to which the said exemption shall apply, and that 
 none of the said companies shall have more than scvent}-- 
 five members at any one time; and all persons under the 
 age of eighteen and over the age of forty-five. 
 
 The Commander-in-Chief shall have power and autlioritv "■ ? i*"- 
 
 ^ *■ Kiirl<ii|[fi)i, 'tj- whiiiii 
 
 to grant a furlough or exempti(»n from duty to any officer <""""■'' '♦'^ 
 of the militia of this State, for such time as to him shall 
 ^eem reasonable. A Major-General shall have jiower t«» 
 grant a furlough to any officer of his division, for a time 
 not exceeding four months in anv one vear, A Prigadier- 
 
Vf' 
 
 48 
 
 General sliall have power to grant a furlongh to any ofiioor 
 of his bria^ade, for a time not exceeding two montlis in any 
 one j'ear. A Colonel shall have jxnver to grant a furlongh 
 to any officer of his regiment, for a time not exceeding one 
 month in any one year. But no furlough or leave of ab- 
 i^ence shall be granted by any officer without good and 
 satisfactory cause. 
 
 1''-^ "i" . . p]verv i>er."«(>n to wlioin anv white male ai)i)rentice or ser- 
 
 Apprcntirei. Ilifir nniif. • ' i • 
 
 ibiMifti.-. .t. vant liable to militia duty shall be indented or bound, shall 
 
 furnish hinj, during the time of his servitude, with the 
 arms and et^uipments prescribed by the Act of Congress, 
 and shall compel him, duly armed and equi])ped, to attend 
 air drills and musters as he may be required by law, and in 
 default of his attendance, or deficiency of his arms or 
 equii)ments, tlie pers<m to whom he shall be indented oi* 
 bound shall, ou conviction thereof before a court-martial, 
 be liable to jiay the line imjjosed on a private for sui-h de- 
 linquency: J*i'orl(/((/, that if such apprentice or servant, 
 after having been I'urnished, as aforesaid, and sent to such» 
 muster, shall, contrary to the will of the person to whom 
 lie is indented or bound, neglect to appear, or shall apjjcar 
 without such arms or equipments, he shall be obliged to 
 serve such person two weeks for every fine so inflicted, in 
 addition to his term of servitude; and if any such ai)pren- 
 tice shall embezzle, sell or make away with the arms and 
 equipments furnished as aforesaid, with the intent to de- 
 iVaud the owner thereof, such ap[)rentice or servant shall 
 lie liable lor their value in a civil action, and shall also, on 
 convicti(»n thereof, by indictment, lie subject to a fine not 
 exceeding fifty dollars, and t(» imjM'is(Uiment not exceeding 
 one month. 
 
 Vrrr. — IVioKS of iNSTinTCTIOX, ETC. 
 
 A.A. ir.il \ I. -.,:;. .^ I.,,;. 'pj,(. svsiem (ti i ii.M iiMi i< >ii,- :iii<l in'irnlalions lor the militia 
 
 S.vftoiii or liiHtriii-tiiiii • ' 
 
 i.nM.ai..<i i.y Hiovrt-Cni.t. r^^^^[ voluiitcers of tlic Confederate States, com|)rehendinii- the 
 
 • exercises and movements (»l'ilie infantry, light infantry and 
 
 riflemen, cavalry and ai-tillery, together with the manner of 
 
 doing duly in garrison and camp, and the forms of parades. 
 
7^/ 
 
 49 
 
 reviews and inspections, as established, by authority, for 
 the government of the regular arni^', pi'epared and arranged 
 by Brevet-Captain S. Cooper, under the supervision of 
 Major-General Macomb, shall be observed in the instruc- 
 tion and exercises of the militia of this State. And the „ 
 
 OnviTiiiir til puicuMe 
 
 Governor is hereby authorized to purchase a number of ""',' ^'.;"*k"'"''' "''"'"'' "'^ 
 copies of said books, sufficient to furnish each commis- 
 sioned officer, sergeant and regimental non-commissionod 
 officer with a copy thereof, and shall distribute the same; 
 and every person who shall receive such books, shall, on ""« rros-nci, <.t< . 
 his resignation or removal from office, deliver the same to 
 his successor, or to the Colonel of the regiment to which 
 he belongs, to the Brigadier or Major-General, or, in case of 
 his death, his legal representative shall so deliver over such 
 book, under the penalty of four dollars, which shall be 
 recoverable before any magistrate of this State, and when 
 collected, shall be paid to the Paymaster of the regiment, 
 brigade or divisk)n to which such person belonged, and 
 shall l)e applied to the purchase of a book to replace the 
 book so withheld, lost or destroyed. 
 
 IX. — Uniforms, 
 
 The uniform reported by the Adjutant and Inspector- "l,iff,™**pr„erii.ed. 
 General, under the resolution of the General Assembly, 
 passed on the twentieth day of December, Anno Domini 
 eighteen hundred and thirtj^-seven, and the uniform for the 
 general and staff officers of cavalry of this State, prescribed 
 by him in obedience to a resolution of the General Assem- 
 bly, passed on the nineteenth day of Decemljcr, Anno 
 Domini eighteen hundred and thirty-eight, and printed in 
 jiampldet, shall be adopted as the uniform and dress of the 
 militia officers of this State; and all officers hereafter elected 
 <M- appointed, exce[it such company officers as are exempte<l 
 tioin uniforming by law, shall conform to the same witliiu 
 
 • time now allowed by officers to uniform. 
 
 Any beat company sliall have the privilege of adopting a |il];,t?^,^,i«, ,„„ 
 uniform, to be approved by tlie Colonel, or officer com-«^'T'"""'^"^'^ 
 manding the regin)ent, and may pa^is sucli by-laws, impos- 
 
lb 
 
 50 
 
 i!i«r i»onaltic'S, to l»c recovered niul expeiulod in sncli inaniu'i 
 as may be prcscriUed by the company; and when a l)eat 
 conijtany is uniformed, tlie commissioned officers thereot 
 shall he |iermitted to adojtt and wear the same; l>ut no 
 me'mher of an^' company A\\\\\ be compelled to nniform, or 
 be subjected to any penalty imposed by the by-laws, uides> 
 he sliall have assented to an<l subscribed the same. 
 
 X. — Invasions, Insurrections, etc. 
 "'■ ^VJ." I If the Governor or Commander-in-Chief, for the time 
 
 DiityofUovcnioroii in- 
 
 v.Mion. in»iimvii..n etc. bciug, rcccivc iufomiatitm from any jiei'son in authority in 
 this State, or from any other creditable person, ujion oath, 
 that any foreij^n enemy or armed force intend suddenly to 
 invade the State; or if any dani^crous insurrection or rebel- 
 lion be actually raised within this State, which cannot be 
 supjircsscd by one comiiaiiy. he may raiSe and assemble as 
 many of the divisions, brii^ades, regiments, battalions and 
 companies witliiu this State, as he shall think sutiicient 
 to sup[>ress and repi'l such invasion, insurrection, or rebel- 
 lion as may happen; and f(U' the more etfcctual execution 
 thereof, he may make and publish an alarm throughout the 
 whole State, by tiring si.v guns, two at a time, at three 
 minutes interval, or by sending orders and exjirc-^ses to tlu' 
 general ofHcers, field ollicers, and other ofiicers of the 
 militia, to raise their respective divisions, brigades, regi- 
 ments, squadrons, battalions, companies, or such part of 
 them as shall be ordere<l-and dircetetl to march an<l rendez- 
 vous at such times and places within the State, as tlie 
 Governor or Commander-in-Chief foi" the time being shall 
 Aia.ni».h..w<urri..i.. II. think lit; auil the alarms aforesaid shall be eai'ried on 
 throughout the whole State, by all the commissioned 
 officers of tlje militia, by tiring three small arms, at con- 
 venient intervals, from place to jtlace, and by speedily 
 raising their several corps, and taking all other proper 
 and effectual measures to give notice of the motion of the 
 enemy, and forwarding with the utmost exjtcdition, all 
 necessary information to the Governor or Commander-in- 
 Chief, by putting in execution all such orders as they shall 
 receive from their superior officers. 
 

 51 
 
 That on the sisrht of an enemy, or on information of an ;•'• 205- ?, '^-, 
 
 ^ , , ' v^^. »».. Iiiforniiition. alarms 
 
 enemy appearing, or mischief done by an enemy, from any •""'"■'"""■''' '"*'' 
 Ayhite person of credit, Avho has seen the same (of ^vhosc 
 credit the officer to whom information is given sliall be a 
 judge), an alarm shall be made by any commissioned ofiicer, 
 l)y liring three small arms; and every alarm shall be cai-ried 
 on by all persons hearing or having knowledge of the same, 
 by firing three small arms as distinctly as usual; and the 
 said officer who tired the alarm shall assend)le the corps of 
 wliieh he is an officer, by beat of drum, or by orderiuff 
 them to warn their next neighbors, or otherwise, till the 
 corps can be got together; and the commanding officer of 
 the same shall, with all convenient speed, despatch two 
 expresses, one to the Governor or Commander-in-Chief, 
 and the other to the nearest field officer of the regiment to 
 which the said corps belongs, with an account of the cansc 
 of alarm so made; upon which notice the said field officer 
 shall despatch two expresses, one to the Brigadier-General 
 of the brigade, and the other to the Major General of the 
 division; the field officer who shall receive the information 
 as aforesaid, shall have power to assemble any number of 
 men of the battalion or regiment, as the case may be, to 
 which he belongs, to march to the assistance of any of the 
 inhabitants of the State who are in danjrer. 
 
 ©" 
 
 If any person, liable to bear arms, shall, in time of such ii...n«- 
 alarm, neglect or refuse to use his utmost endeavors to ''""""""''•«"■ »" *•'="'"- 
 
 '-' ^ join Company. pIc. or «Ih 
 
 convey and communicate the said alarm, or notice of the ''«""' *""">-'*»f''""'"*- "•' 
 enemy's approach, he shall forfeit and pay a sum not ex- 
 ceeding two hundred and fifty dollars; and in case any 
 such i)erson, after he has received notice of an alarm, does 
 not forthwith repair, completely armed and equipped as 
 aforesaid, with all convenient speed, to the place where tlie 
 regiment, battalion or company to which he shall belong, 
 shall be appointed to rendezvous, every such [>erson shall 
 forfeit a sum not exceeding one hundred dollars; and in 
 ciise the company to which such person shall belong, sliall 
 actually engage and fight with the enemy, before such 
 ]»ei*son shall ai>pear in the said regiment, battalion or 
 company, in every such case the person not apjicaring a« 
 aforesaid shall forfeit a sum not exceeding two hundred 
 dollars. 
 
)i>U. 
 
 52 
 
 iwrMlfcv.iiiii.iMiono.1 That cverv comniissionod offioor in the militia pliall liave 
 '■'rn'Mtii 'iu^iconTcI.n»^l''*^^*-*iN where (»ociu*i(»n shall require, to asseinhlc, arm and 
 «!-. *i'ir/'"^ """^"*"'' ''^i^G any numher of men belonging to tlieir respective 
 coq^s; and if need be, to give notice, and call to their aid, 
 the officers and men of any adjacent corps to disperse, sup- 
 press, kill, destroy, jipprchcnd, take or subdue, any pirate, 
 sea-rover, Indian or other enemy, who shall in a hostile 
 manner, hurt, or attempt to hurt, any of the inhabitants of 
 this State, in their persons or possessions, or any company 
 of slaves who shall be met together, or who shall be lurking 
 in any sus})ected jthue where they may do mischief, or who 
 shall have absented themselves from the service of their 
 owners; and in case any-per8on li:iltle to bear arms shall, 
 on such occasion, neglect or refuse to appear, upon notice 
 given by any commissioned officer of the corps to which 
 such person belongs, or appearing, shall not attend and 
 obey the said officer, for every such neglect or refusal, he 
 shall forfeit the sum often dollars. 
 
 11... :^t6, ?i4o. Ill times of invasion or insurrection, wlien it shall be 
 
 111 times of invasion. ^ . 
 
 .tr.. <.iic fourth of tiicii found iicccssarv to march the several regiments, s(iuadrons, 
 
 (V}mp:iiiv to remain anil " . '- 
 
 !». f.,rii:iMi into patrols, battalious Or comi>aines, or any of them, out of their re- 
 spective parishes, counties or districts, one-fourtli part at 
 least of every company in this State shall stay and remain 
 in their respective parishes, counties or districts to which 
 they belong, and shall be formed into patrols, under the 
 command of such otKcers as the commissioned officers of 
 the companies shall apjioiiit, under whose command re- 
 spectively they shall coiitiiuie until the rest of the company 
 shall return to their habitations, and shall be discharged 
 from bearing arms; and the ]>atr(d so formed shall be 
 obliged to be on constant duty, to ride patrol and guard 
 the plantations, and keep the slaves within their several 
 parishes, counties and districts, in good order, and shall 
 place proj)er guards, watches and sentinels at convenient 
 places, to give notice of danger, and for the more speedy 
 conveying advice and intelligence to the Governor or Com- 
 mander-in-Chief, or to any army raised and assembled by his 
 j,i„.. command; and in case any person obliged to serve in such 
 
 patrols shall refuse or neglect to ride patrol, to obey the 
 lawful command of ;iny person aj)i)()inted to command such 
 
53 
 
 patrol, every person so offending; shall forfeit a sum not 
 exceeding seventy-five dollars. 
 
 That in time of invasion, insurrection or rel)ellion, when Il'-.^H"-, ^ ,. 
 any person shall receive ordei"s to march out of his parish, ^■''^'' ''"^' 
 county or district, the captain or other commanding officer 
 who shall he present, shall cause the names of all persons 
 who are entered, enlisted and enrolled in the muster roll of 
 such company (officers excepted), to he written down on 
 small scrolls of paper, which shall he folded up and put into 
 a hat and shaken together, and the clerk or sergeant of the 
 said company shall draw out of the hat the names of so 
 many persons as will not exceed three-fourth parts of the 
 said company; anci the persons whose names shall be so 
 drawn shall he obliged to marcli according to such orders 
 as shall be given by the Governor or Commander-in-Chief, 
 and they whose names shall be left in the hat shall stay in 
 their respective parislies, counties or districts, and shall do 
 the dut}' of patrol, as before directed; but no officer of any 
 company shall be excused from nnirching with the company 
 for which he is appointed, unless by particular orders from 
 the (lovernor or Commander-in-Chief; and in that case, 
 such officer so directed to sta}^ shall be commanding officer 
 of that part of the company left for patrol duty. If any 
 person whose name is drawn as aforesaid, and is thereby 
 obliged to march out of his parish, county or district, can 
 provide an able-bodied man (to be approved by a majority 
 of the officers of the company to which such person be- 
 longs), completel}' armed and furnished, according to the 
 directions of this Act, every such person shall be permitted 
 and at liberty so to do; and upon producing and sending 8n).-.tit.ii.«. 
 out such able-bodied man in his stead, he shall be excused 
 from going out, or marching in person; but nevertheless 
 shall be obliged to do patrol duty in his district: and in Fine, 
 case of disobedience, neglect or refusal to ride such [»atrol, 
 he sliall be liable to the penalty, hot exceeding seventy-five 
 flollars, as aforesaid. 
 
 Tliat in time of an alarm, occasionc<l bv insurrection, n.. at;. ?i4: 
 invasion or rebellion, all field officers and captains of every i'r.'i.'ny hhtj • n.r.i» 
 
 ' 1 ^ rettini. «'!r. 
 
 coniitany, are hereby empowered, personally or by their 
 
r>4 
 
 warnntt* to aiiv inferior officer, to impress any arms, am- 
 munition, provision, horses, wagons, carts, boats, canoes, 
 pettiauijers and vessels, with tlieir furniture, or wliatever 
 otlier tljinofs tliey shall want, or need, for the senice of this 
 State: I^on'ffaf, all such thiiiirs so im)»ressed he hv the said 
 officers hroiii;ht hcf<irc three or more impartial freeholdei*s, 
 to be appraised and valued bef«>re they be disposed of for 
 the publit' serviee: and such valuatic^i and appraisement 
 beiiiLj made, the otliccr shall give a receipt for the same, if 
 he conveniently can. and the officer is to cause his clerk to 
 enter the same in a book to be kept for that puri>ose; and 
 the said appraisers shall ascertain any loss or damage that 
 shall happen to the thing so imi>ressed, or allow a compe- 
 tent hire for the same when returned to the owner, as the 
 case sludl re<[uire, and shall give such api)raisement, under 
 their hands, to the owner, directed to the [tubljc treasurers, 
 who shall lay the same before the Legislature; and the 
 commanding officer or cajitain of each company, after such 
 alarm shall be over, and before such company shall be dis- 
 charged, shall order so many men as he shall think lit to 
 carry the sevt'ral things Kv him impressed to their res})ec- 
 tive owners, who. upon the redelivery of the same, shall give 
 a receipt; and sudi officer is likewise enipoweied to draw on 
 the public treasury for so much money as he shall think the 
 carrying of the several things so returned shall di'serve; 
 and he shall also lodge in some convenient and secure 
 place, for public use, all the provisions and ammunition 
 impressed by him, or by his warrant, that shall remain 
 une.\pende(l after the alarm; and he shall keep a particu- 
 lar account thereof. 
 
 That the ('(UMiiianiler-in-Cliief i'or f lie time beiui; mav, in 
 
 III. C Us. . . .1 
 
 i'"»-i ..f (;..miii.iii<u.r- cajJiL. ,,f invasion, or other emerufcncv. wlii'ii he shall judge 
 
 iii-CliiirtoonK-rout Mill- .-^ . .1 f< 
 
 til f.M mrvir.. In tiii^ ..rj^ ucccssarv, oi'iler out anv portion of the militia of this 
 *.ivi.c, jmv. v<.iiiiit<...r« State, to march to anv i»art thereof, and to continue in 
 
 tl ml <>( '>l'<-lici~i. etc. ' • I ' 
 
 service not more than three months at an}' one time, and 
 until relieved, tbr wliieli he shall nuike timely provision ; 
 and likewise may, in (•<»nse(|ueiiee of an application of the 
 Executive of any State in the Confederate States, or an 
 invasion or insurrection, or an ap]>rehension of an invasion 
 of such State, at his discretion, order out any number of 
 
^J 
 
 55 
 
 militia, not exceeding onc-tliird part thereof, to sucli State: 
 Provided^ tliat tlie military which shall he so ordered out 
 of this State, shall not he ohligcd to contiiinc on duty 
 out of this State more than two months at any one time; 
 and whilst in actual service, in consequence of hcing so 
 called out, they shall receive the sai)ie pay and rations, and 
 he suhject to the same rules and regulations as the troojis 
 of the Confederate States: Proridcd, 7iercrfhe/css, that vol- 
 unteers and substitutes he allowed in the place of those 
 (n-dcred out; and also, that any offence committed by a 
 militia oHicer, non-commissioned officer or private, agaijist 
 the rules and regulations aforesaid, shall be tried and de- 
 termined by a court-martial of the militia officers of this 
 State, and that it shall be in the power of the Governor, or 
 commanding officer of the militia of this State, to mitigate, 
 suspend or pardon any punishment to which any such 
 militia officer, non-commissioned officer or private, may be 
 sentenced by a general court-martial. 
 
 Any Major-General, Brigadier-General, or the command- n.-.^ue. 
 
 n^ r- • ""i 1 ^ • • I'liwcr of Major-UeiK- 
 
 mg oiTiccr ot a regiment, when and as olteii as any invasion m' nriKadier-oprnMi ..i 
 
 ^ 1 ' Oiloncl toordiMciit Mili- 
 
 mav happen, mav order out the militia under their resi)ec-«i«:>''«*"'^e''''""i'<"<-"'-"- 
 tive commands, for the defence of this State, giving notice 
 of such invasion, and every circumstance attending the 
 same, as early as possible, to their immediate commanding 
 officer, by whom such information shall be transmitted to the 
 (rovernor or Commander-in-Chief, bv express, the expense 
 of which shall be immediately paid; and that in case of in- 
 >urrectious, the commanding officer of the regiment or bat- 
 talion, within whose limits such insurrection may hnppen, 
 shall immediately assemble his regiment or battalion under 
 ;inns, and having transmitted information thereof to the 
 ' ommanding officer of the brigade, and to the Major-Gene- 
 1 al of the division, and to the Governor or Commander-in- 
 Chief, shall proceed to take such measures to suinuess such 
 insurrection as to any three of the magistrates of the dis- 
 trict in which such insurrection shall happen shall ajiju'ar 
 most ]U'0[per and etfectual ; and if any person be wounded 
 or disabled, wliile in actual service, in opposing any inva- 
 sion or insurrection, or in sujipressing the same, lie shall be 
 taken care of and provided for at the pulilic expense, with- 
 out regard to the rank such person may hold. 
 
^6i 
 
 5G 
 
 lyi. Xo civil oliicor sliall. on nnv protonco, execute anv pro- 
 
 1 from drll /ir. -I'l i/>i *v 
 
 . in ..rviro. cess (unless for treason, tolony or nreiKh oi the peace) o\\ 
 any person who shall be called out into the service, and 
 embodied \)\ the executive authority of this State, in ]>ur- 
 suance of the provisions of this Act, or within thirty days 
 after such person shall be discharged from such service, 
 under the penalty of twenty dollai-s, an<l the service of any 
 such ]iroccss shall be void; and all suits that may be pend- 
 ing against su<'h ]>ers()n shall stand and be continuc<l over 
 in the same manner as if they had been regularly postponed 
 by affidavit, and the estate of such person, when he shall 
 l)e so called out and embodied as aforesaid, shall be free 
 and exempt from levy, distress or sale, by virtue ol' any 
 legal jti-ocess whatever. fn>m the time he shall be called out 
 as aforesaid, and until thirty days shall have elapsed after 
 he shall be discharged from such service ; and any person 
 making such levy, distress or sale, as aforesaid, shall be 
 fined, on conviction by indictment, in the sum of twenty 
 dollars, and such levy, distress and sale shall be void. 
 
 A. A. iMn.xn.85i.?9. If a vacancy occurs in the general office of any brigade, 
 wiiii.ii, ii<i.i;ii «rvin-. or in the iield oitiees OI any regnneiit, wlulst m actual ser- 
 vice, such vacancy shall be tilled by promotion in regular 
 
 A.A..!S(;].xn,s5o.j5. i^''''i^l^» ^>'*1 'i<>t by election; nor shall any election for 
 officers take place in any comjtany while in active service, 
 except to till the offices of Ensign or Cornet, or Fourth 
 Lieutenant of artillery; and such election shall be forthwith 
 ordered by the superior officer in command of the company, 
 battalion or regiment in which the vacancy shall occur, and 
 shall be held within twenty-four hours after the issue of 
 such order. All other vai-aiieies shall be tilled by jiromo- 
 tion of those next in rank in their respective companies. 
 
 A. A.. 1S41, XI 208. Whenever the militia shall be called into the actual ser- 
 j) ifti. 
 ■ i>ny while in aciimi ylcc of tliis Statc, bv authority of the laws thereof, their 
 
 l)ay .sliall commence from the day of their appearing at the 
 places of battalion, regimental or brigade rendezvous, allow- 
 ing to each officer, non-commissioned officer, musician or 
 private soldier a day's jiay and rations for every fifteen 
 miles from his home to such place of rendezvous, and the 
 same allowance for travelling home from the place of his 
 
 i<iTVirr. 
 
^0^ 
 
 57 
 
 (lisehargel^; and wliilst in the service aforesaid, tlie oflieers, 
 lion-coinmissioDed officers, ninsicians and privates of tlie 
 infantrv, light infantry, riflemen, artillery and cavalry of 
 the militia of this State shall he entitled to the same ])ay, 
 rations and forage as snch regnlar troops of the Confederate 
 States are entitled to receive. 
 
 When the militia, or any part thereof, shall he end)odied "■••?i-'i2. 
 
 , , Itiilcfi and ii'gulaliiiiifi 
 
 and in actual service, in consequence of being so ordered '""'''"'' '"'■'■^''^''• 
 by the Commander-in-Chief, either within or without this 
 State, they shall be subject to the same rules and regula- 
 tions as the troops of the Confederate States shall be sub- 
 ject to at the time the militia shall be so ordered out, in 
 order to secure, as far as possible, an uniformity of disci- 
 pline; and the said rules and articles shall be proclaimed 
 with due solemnity at the head of such detachment, as soon 
 after tlieir being assembled as possible. 
 
 AVhcn a militia-man, in either of the aforesaid cases, !.';■ ?J^3- , 
 
 ' fine for not ajipeannp 
 
 shall have been duly summoned or ordered to appear at the '"'"■'"■*"''' '"*"'<'«• 
 rendezvous, and shall not appear, then and in that case he 
 shall be fined in a sum not exceeding five hundred dollars, 
 and the amount of his taxes last paid to the State, at the 
 discretion of a court-martial, to be composed of officers of 
 the detacliment ordered out, if it be convenient, and if not, 
 of oiiiccrs of the brigade to Avhieh the delinquent shall 
 belong, or of any other officers of tlie militia of this State, 
 at the discretion of the Commander-in-Chief, who is liereby 
 authorized to order said courts, in conformity with the 
 usage of the army of the Confederate States; and in addi- 
 tion to the fine which the said court-martial may inflict on 
 any person who may subject himself to an}' of the aforesaid 
 ]>enalties, the said court-martial may, at their discretion, 
 sentence aii}^ delinquent to imprisonment in the common iniiiii(«onin.nt. 
 jail, for a term not exceeding three months: J^rovi</ct/, 
 "hrai/s, that no fine and imjjrisonment shall lie imposed on 
 any delinquent until summoned to api»car before a court- 
 martial, to show cause why such fine or iiiijtrisoninent 
 should not be imposed; and all fines inflicted l)y virtue of Exw-miuu, «rtr. 
 this section shall be collected by an execution, wliieli tlic 
 President «»f the court-maiiial aforesaid shwll issue, directed 
 
58 
 
 to the Shontl's ot' tlii.s >i:ito, (losiixnaiinii- the (U'linijnt'ut ami 
 the ooinpaiiy t<> which lie heh^iiics, and (•(unmaiulinir thr 
 Sheritt' to levy the fine and costs of the h\nds, tenements. 
 i;(>o<ls and chattels of stuh delin<int'nt, and if none can he 
 founds or insutiieient to .satisfy the name, llien to take him 
 and commit him to the jail of the district where he resides, 
 and the f>herilf to whom tlie same shall he delivere<l shall 
 i*XL'(Mite it Ity levyin«r and collecting the line and costs, and 
 shall make return thereof, within forty days from its lodg- 
 ment, to the said President; and if the Sheritf should he 
 unal)lc to find lands, tenements, goods or chattels of which 
 to levy the same, then he shall take and commit the said 
 delinquent to the common jail, where he shall be kept until 
 the same shall he ]»aid. or until douhlc the time shall have 
 elapsed lor which he would have served had he joined the 
 militia so ordered out : and the Sheriff shall be entitled to 
 the same fees and commissicms for collecting such fine, and 
 shall he liable to the same j»enalties for not levying, collect- 
 ing such fine, and returning the execution, as hereinbefore 
 prescribed ; and all fines arising under this clause shall be 
 paid, when collected, to the Paymaster of the regiment to 
 which the delinquents respectively belong. 
 
 ii>.. 2(». g 15^- That all free persons of color, fatigue-men, nmsicians, 
 
 j.ei-*jiis. fi.tipuiii.il. trnmi)eters, buglers, (Irumnu-rs and filers attached to or 
 
 inugicianii, etc. tii ii- ini -iiji 
 
 hable to do <luty m any <*onipany, shall he entitled to the 
 same pay, and be liable to the same lines and penalties, and 
 subject to the same rules and regulations, as the militia of 
 this State are liable. 
 
 \\,..i\-'0. That it shall and may be lawful for the Governor or 
 
 Powt-r to oi-(lcr out on i • / ,i • /• j- "^ i • i • i ai • 
 
 guard in ciiaruston. Commandcr-in-l nief for the time hemg, or the Major- 
 General ol" the division, or the Brigadier-General of the 
 brigade in which ('harleston is eomi»rehended, or the com- 
 manding officer of the (Miarleston regiments for the time 
 being, to call forth, when necessary, such and so many 
 companies, or detachments of comi)anies, to mount guard 
 in the said city, as to them shall respectively a[)})ear neces- 
 sary and proper: J^ovi/led, that no such guard shall be 
 obliged to continue on <luty at any one time, exce[>t in case 
 of actual alarm, more than twenty-four hours on one guard; 
 
7/ ' 
 59 
 
 and eveiy person summoned to turn out on any p:uard who 
 shall not obey, or Avho shall leave his guard, or otherwise 
 misl)ehave, shall be liable to pay the same fines and forfeit- »'"•<« ^i'-- 
 ures as such person would be obliged to pay for default of 
 duty, for non-attendance or misbehavior at any reginiental 
 muster. 
 
 XI. — Public Arms. 
 
 That the Commander-in-Chief for the time beiuff shall ii'.2i'i5. 
 
 ~ I'owor i)f (iovpinor t« 
 
 liave authoritv to remove, to some place of safety and de- ■"'""•'«'»"'' i"""''"<^'i'"''- 
 
 ' . "c •"■'"'' *"<' stores. 
 
 posit, such portion of the arms, ammunition and military 
 stores, at any time in the puDiic arsenals of this State, as 
 circumstances nun' appear to require ; and when necessary, 
 in his <)[tinion, to provide and furnish sufficient guards to 
 protect the public arsenals until it be found expedient to 
 '■all out into public service detachments of the militia, on 
 wliom the dut}* may in part devolve. 
 
 XII. rillVILEGES. 
 
 The Commander-in-Chief and suite, and the Adjutant n-. 204 ? inr. 
 
 " Exfm|>ti<in« from t'/ll. 
 
 and Inspector-General of this State, their servants, horses 
 and carriages, when travelling upon the duties of their 
 respective offices, and all persons necessarily going to or 
 returning from musters, drill or courts-martial, and all 
 patrols, shall pass over, free of toll or charge, all char- 
 tered bridges, ferries and turnpike roads of this State. 
 
 Tbat no civil officer shall execute anv protest, arresting ii...?i<n. 
 
 . ... *., / 1 Ex«'ni|(tloiii« fnim civil 
 
 Mid connnui}? the person, or reouiring bail or surety (unless it.-'." »iiiir on. coinKt/. 
 
 for treason, felony, misdemeanor or breach of the peace), on <!"<>. 
 
 any person engaged in the military service required by the 
 
 laws of this State, or going to or returning from the same, 
 
 under a penalty of twenty-five dollars, and the service of 
 
 such ]>rocess shall be void; all arms and cquijtments re- ,. 
 
 (piircd by law, and liorses used in tlie performance of militia J,''' 
 
 duty, shall be exempt froni seijsure, distress and execution; 
 
 /Vor/rAv/, each trooper or mounted officer shall liavc but f)ne 
 horse exempted: And provided, also, that su<li horse shall be 
 
 i 
 
n-^ 
 
 (10 
 
 rc'Lristorcd with the coniinandcr of the corps to wliich sucli 
 troojior or officer is attached; and if any person shall seize, 
 distrain or execute such arms, equipments or horse, he shall 
 he liahle to a penalty of fifty <h)llars. The penalties prc- 
 scrihcd ill this si-ctinii -IkiII 1»c rccovcri'tl hv iinlictiaeiit. 
 
 XIII. — Si'i.i lAK AND Local Acts. 
 
 iHK.xiVflifl: m» .fn! "^'^^ Wasljin^'ton T.i.s^ht Infantry. Moultrie Guards, Ger- 
 ""nrifiiiK 111 of uifltH '^''^^ liiflemen. MeaLrhei- (Juards. rifle coinjtanies of the 
 I'arishes of St. Philip and St. Michael, shall constitute the 
 "Regiment of Rifles," which shall consist of not less than 
 four nor more than ciirht eom|>anies, and have all the 
 oliicers, field and >tafV. ;ill'>\v..d jo w regiment of infantry. 
 
 A.A 1M4 XI.309 gi: The hcat eoini.anies knt.wn as the Edisto Island Comiia- 
 
 lhS&. \II.4a3, Jl and 2. ^ ' ' 
 
 ny and the Wadmalaw and John's Island Com[»any, jiart of 
 the thirteenth regiment, shall constitute an independent 
 and separate hattalion of South Carolina militia, wliich 
 shall extend to the outer limits of the said c-onijtanies. 
 
 is5e.xii.4on.§iu...i2. The Palmetto Rifles and Calhoun Artillery shall he 
 
 Palmetto lUflc«. . 1 1 1 1 * • 
 
 deemed a i»art ot the sanl hatfahon. and shall consist each 
 of one Cai)tain, two Lieutenants, two Sergeants, two Cor- 
 porals, and not more than twenty-three nor less than eight 
 Privates. 
 
 is«.xi.?2 The said battalion shall have one Maior and the iVillow- 
 
 Miijor and htiiff. " 
 
 ing staii", to wit: One Adjutant, one Quartermaster, one 
 
 Judge-Advocate, one Paymaster and one Surgeon; and 
 
 Kx.mi.iiun. .shall he exempt from the i»erf<»rmance of regimental duty. 
 
 M'n-.iVr<ir<.und. 'J^'^' uiustcr grouud of tlic said hattalion shall be desig- 
 
 nated by a majority of its officers, oi", in default of such 
 designation, by the C.donel of the thirteenth regiment. 
 
 "',■?•'• , , In other resitects, the saiel battalion shall be subject to 
 
 Sulijcct f" roinnianil of * ' •' 
 
 c..i..,,ei thirtcnii. n«i- t^o ofder Eud coinmaud of the Colonel or other officer in 
 
 command of the thirteenth regiment, as a component part 
 
 "'••Ji of said regiment; and the said Colonel shall see that a plat, 
 
in 
 
 61 
 
 designating the limits of the said hattalion, is pre[)nred and 
 kept as plats of other military divisions of his regiment. 
 
 The Richland Volunteer RiHe Company, Governor's v;,Ll'i.^i!.uai'ion.^' 
 Guards, Carolina Blues and Richland Guards, and such *''''"'*-""'"'' "''^'"''"'■ 
 other volunteer companies as may be hereafter organized 
 in the town of Columbia and received by the Adjutant and 
 Inspector-General, may constitute a volunteer battalion of 
 intantry, attached to the twenty-third regiment of South 
 Carolina militia; but the number of companies in said bat- Comimni.-s not t.. .v 
 
 ,. ,11 , 1 • cecJ ^ix. 
 
 talion shall not exceed six. 
 
 The said battalion shall have a Major and the followiiiir "'••?^- 
 stall', to wit: One Adjutant, one Quartermaster, one Judge- 
 Advocate, one Paymaster, each with the rank of First 
 Lieutenant, and one Surgeon with the rank of Captain, one 
 Sergeant-Major and one (Juartermaster-Sergeant. 
 
 Whenever the said battalion shall be reduced below 
 three companies it shall be dissolved, the commissions of 
 said officers vacated, and the remaining companies shall 
 continue attached as companies to the twenty-third regi- 
 ment. 
 
 All defaulters for non-attendance at regimental musters, ii,.jp, 
 and the Major and staff of said Imttalion, shall, in all cases, 
 be tried by a court-martial ordered by the Colonel or officer 
 commanding the twenty-third regiment; and all other dc- 
 laulters shall be tried by a court-martial to be ordered by 
 the Major or commanding officer of said battalion, and all 
 fines imposed by the court so ordered shall be payable to 
 the Paymaster and enure to the benefit of said battalion. 
 
 In all other respects the said battalion shall be subject to n ...nis. ?4 
 the laws and regulations of the twentv-third regiment. rtvitnont. 
 
 The "Columbia Artillery" and the "Emmet Guards" '':?*■ .^,,, 
 may be received either into the said battalion or the twenty- '^'"""^' """'"•'' 
 \ third regiment. 
 
 The several companies of militia in this State, known \^!^,.^;^^i;^\i^xtl, 
 [ as the "St. Helena Company of Mounted Riflemen," the"' "''•^ 
 
62 
 
 "Ikaufoit Beat C<)in]iany" and the "Boaut'ort Volunteer 
 Artillery," all witliiu tlie Parish of St. Helena, and compos- 
 ing a jtortion of the twelfth regiment of South Carolina 
 militia, shall constitute an independent and separate bat- 
 talion of South Carolina militia, whith battalion shall extend 
 to tlie outer limits of said parish. 
 
 ib»7S5.j2. The said battalion shall have one .Maior and the follow- 
 
 OfBccru and urgaiiim- _ 
 
 ""'"• ing staff, to wit : One Adjutant, one (Quartermaster, one 
 
 Jndge-Advoc-ate, one Paymaster, and one Sugeon with the 
 rank of First Lieutenant: and shall be exem]it from the 
 performance of regimental duty. 
 
 11. f.i. The battalioji muster i^round shall be designated by a 
 
 .^l^l^H■|• IJliUliuI. . ' . 1 /» 1 "i 1 1 ' 
 
 majority of the oflicers thereof, or, m default of such desig- 
 nation, 1)V the Colonel in c-ommand of tlu' twelfth regiment. 
 
 n<. H- In all other respects the said battalion shall be subject to 
 
 Sul.jort tcr.nhTnofCol- » , . '' 
 
 ..neiof twiifihiigiment.the orders (»f the Colonel of the said regiment. 
 A.A..u;5T.xn.r,76, ?2. Persons resident in the -ludicial District of Sumtci-. who 
 
 .'iiiriiter Hiiil Cliirciiilon ,.■, -^ .,.., 
 
 .ii-.trictc; Militia .luty. arc liable to peiform militia duty, shall perform such duty 
 in Sumter district; and }>ersons resident in Clarendon dis- 
 trict, who arc liable to perform militia dut}-, shall perform 
 such dut}' in Clarendon distriet. 
 
 i^-.i3- . Tlie militia of Sumter distrii-t shall eonstitute one regi- 
 
 Twi'ntiotli rogimonf. _ _ *^ 
 
 ment, to be known as the twentieth regiment. South Caro- 
 lina militia; and the militia of Clarendon district shall 
 
 F..iiv-r..iirt)i nttiin.nt. constitute one regiment, to be known as the fourty-fourth 
 . regiment. South Carolina militia; and each of said regi- 
 ments shall be divided into two battalions, and each battal- 
 ion into four beats, liaving sneh metes and bounds as were 
 
 A.A..i858xii,c9-2,gi.fixt-'<l by tlic commissioii api)ointe(l in 1857 to divide the 
 said districts, and contirmed in LSoS, 
 
 A.A..i85-.xii.67ti.§i. The volunteer corps of ravalry and infantry in the said 
 
 Voliiiitocr cijr|ii< in Buiil -,..•. in • i i.* i- jj.' * i. l l il • 
 
 .tiHtiictH. districts shall remain as lieretotore, unafiet;ted by this 
 
 change. 
 
 A.A..1S44. X1.3II0. ^0, The beat company heretofore known as the Old Four- 
 i,yrUht'ai.ii»i'u!i. "'"' IIolc Compauy shall be re-established, with the same boun- 
 
63 
 
 daries that existed prior to tlie year one tliousaiid eiglit 
 hundred and thirty-three, as component part of the eigh- 
 teentli regiment of South Carolina militia. 
 
 The beat company number seven, attached to tlie six- a.a.,is5i.xit. 98.?i. 
 
 ' 1 /-, T •!• • 1 Beat nuiiilierneven. Bix- 
 
 teenth regiment of South Caronna muitia, sliall be divided ♦'■^"♦•"■•'k''"*""' *'*'<••''' 
 
 into two companies, to be called nund)er seven and number 
 
 eight; tlie boundaries of 'beat company number seven to n,„„„ia,i.sof„twiKat 
 
 be as follows, to wit : North, by the line dividing the Par- ""'"'"■■■ ''«^"''"- 
 
 ishes of St. Thilip and St. Michael from tlie Parishes of St. 
 
 James', Goose Creek, and St. Andrew's; East, l)y Cooper 
 
 river; South, by a line through the centre of Calhoun 
 
 street; West, by aline through the centre of King street 
 
 to its junction with Meeting street, thence by a line through 
 
 the centre of the main road to the Xortli boundary- line. 
 
 The boundaries of beat company number eight to be as ivmn.iurics of iioat 
 
 -v-r -1 1 1 i» T • T 1 "^ T> -1 ininilwr eight. 
 
 follows, to Wit: jJsortli, by the line dividing the ranshes of 
 
 St. Philip and St. Michael from the Parishes of St. James', 
 
 Goose Creek, and St. Andrew's; East, by a line through 
 
 the centre of King street to its junction with Meeting 
 
 street, thence by a line through the centre of the main road 
 
 to the North boundary line; South, by a line through the 
 
 centre of Calhoun street; West, by Ashley river. Beat -» 
 
 company number seven shall be attached to the first battal- T..«inti«tt«ii..n^ at- 
 
 ion, and beat company number eight to the second battalion ■^"" " 
 
 of said regiment. 
 
 Fire Guard. 
 
 The Brigadier-General of the fourth lirigade infantrv, a.a. t-.-.s mi '^.ii ji 
 South Carolina militia, or, in case of his absence, of the 
 senior officer of such brigade, resident in Charleston, sliall 
 organize a fire guard from the volunteer companies in sai<l 
 city, which said guard shall consist of not more than four 
 and not loss than two companies. 
 
 The said fire guard shall be provided with ammunition, a.a.. ^46, xi.42i. 
 and be subject to such orders, and be kept under sucli dis- 
 cii)line, and shall iierform such duty, and serve such time, 
 as may be indicated by the special orders of the officer 
 forming such guard. 
 
64 
 
 A. A. m«. XII. 734. Conrts-martial shall l»e <>r<UM*c<l niid lu'ld cm nil cases of 
 
 < "iir»»-M«nuil. 
 
 default of duty of said tire iruard, and tlio tines for such 
 default shall he tlie same as for non-performance of tirdi- 
 narv militia duty. 
 
 MiUtarji Hall. 
 
 A. A.iM.v.xi .1J1. Tin. fii-i,! officers of the fourth hrifi^ade, residing within 
 
 Mfllt-in- Unll. . 
 
 the Parishes of St. rhilij) and St. Michael, may erect a 
 l)U>]din<r, or military hall, for the use of the militia of the 
 said parishes, and purchase as much land as may he neces- 
 sary for that jturjtosc; and they and their successors in 
 comnnind may hold the same forever, as a place of exercise 
 for the militia aforesaid, free of taxes. 
 
 A. A.. is.M. xii.jw. ?j. Everv person suhject to militia duty, removing; fn^m one 
 
 Kcmxvali* from lieati* to * . " . , ' . "7> • ,> 
 
 I . roi>urto.i. beat to another, in the sixti'cnth regiment ot mrantry. 
 
 South Carolina militia, shall rcjiort himself within thirty 
 days after his removal to the otfieer commanding the heat 
 from which he remove<l, and to the officer commanding the 
 heat to which he has removed, or he fined five dollars, he- 
 sides being liable foi- default of duty in the beat from 
 which be lias removed. 
 
 A. A.. 1S4.5. XI :u.vn. The Hilton Head heat companv, of Beaufort district, shall 
 
 Hilton Ileail UciU Com- ' • \ 
 
 i.:iMv oxompt from iu«i- be exeiiipt fVoui atteudiiig regimental and battalion reviews: 
 
 mental iiriil Itilttulloll i ^ r> 
 
 ""''•■"' Provided, the said company, in addition to its comjiany 
 
 drills, shall, whenever the regiment and hattalion to which 
 it is attached parade for review and exorcise, also assemble 
 at its usual muster ground for drill, exercise and instruction. 
 
 II'.- ?2- The recruiting limits of the ninth regiment of cavalrv 
 
 KxtfiiRioii of rocruitin;; *- , . , . ..." 
 
 'i'nit«- shall include all the territory in the tenth brigade of infan- 
 
 try, which lies north-east of South Tyger river, cominenc- 
 ing at Price's F<u"d, and rnnuing along the said river to a 
 point ^^■here it intersects the line of the ninth brigade of 
 infantry. 
 
 .<. A.. is.i2. XI, 191. The Carolina Blues, a new volunteer company, ma\'^ he 
 
 Carv.iiiu Blufs. , . , . • ' 
 
 received into the twentv-tliii-d regiment. 
 
65 
 
 Two new volnnteer companies, tlie "Morgan Rifles" and a.a..i856.xit.5«i.!)i 
 
 ^ . '- Mnrftaii Rifles; State 
 
 the "State Guards," may be received respectively into the °""""'''' 
 thirty-sixth and forty-first regiments of infantry. 
 
 The " Washine^ton Artillery" company, a new volunteer A.A..i858.xn.7i.-. n 
 
 *'. ^^ *'' Wa«hington Artilli'iy 
 
 corps of artillery, maybe received into the fifteenth regi- '^'""'"'"y 
 ment. 
 
 » The " Saluda Guards," a new volunteer corps, may be re- ■*• '*•• ■"'•^''- 'f" '••" 
 
 ^ ' "^ Salmlft (xiianls. 
 
 ceived into the fifteenth regiment. 
 
 The "German Hussars," of Charleston, shall form a part a. a.. isso. xn ::; 
 ot the upper squadron ot the fourth regiment of the second 
 brigade of cavaliy. 
 
 The "Jasper Light Infantry," a new volunteer corps, may a. a.. is59.xii.tti,?i 
 be received into the eighty-fourth regiment, lower battalion. J»«p" I'*k'>» i"f»nt.y 
 
 The "Calhoun Guards," a new volunteer corps, may be caihomf onaHl' **" ' 
 '•'■ceived into the twenty-sixth regiment. 
 
 The "St. Paul Rifles," a new volunteer corps, may be^^^.A..]86i.xn.R<v3 ?i 
 received into the thirteenth regiment, and attached to the st. i'aui Rifles, 
 lower battalion thereof. 
 
 The "Lexinffton Volunteer Rifle Company" may be A.A..iKr,i.xn.R07.-,i 
 received into the fifteenth regiment. R»fl' c<.n.i.any. 
 
 The "Hartville Light Lifantry," a new volunteer corps, isr.i. xii.fwxj.r 
 
 , . , . °, . , . Hartville Light Inf«l» 
 
 may be received into the twent3^-ninth regiment. 'o- 
 
 The "Rutledge Mounted Rifiemen," a new volunteer A.A.isr.i xii.geR.?* 
 
 ^ ,' iT^.i. Kiitleilee M<nint«(l 
 
 cbrps, may be attached to such regiment as the Brigadier- Riflf"""- 
 General of the fourth brigade may think proper; and the "• ?■' 
 said Brigadier-General may assign to the first regiment of 
 artillery one corps other than an artillery corps. The said H' ^'^ 
 Rutledge Mounted Riflemen shall consist of not less than 
 thirty-two nor more than sixty-four men, rank and file, and 
 shall be armed and equipped as mounted riflemon, with 
 leave, however, to make such alterations therein as the said 
 corps may suggest and the said Brigadier-General may 
 approve. 
 5 
 
 1 
 
'll<( 
 
 M 
 
 11... '..x'l. The "Mirefield Kiflemcn," a new volunteer corps, may 
 
 Kit-, fit! I Bifl< men. , ' i "^ . . i ^i • i. 
 
 be rcrcivcd nit(» iih' srvtiith rc'irmu'iit. 
 
 A. A„ isn, XII. 877. 
 I'altDvttu Volunteers. 
 
 Tlic '-rahiK'tto Vohiiit (-•*.' rs." a now volunteer corps of 
 ritioraen, may be received into the independent battalion 
 attached to the thirteenth ree:inient, and shall consist of not 
 more than sixty nor less than forty members,, and shall 
 have one Captain, two Lieutenants, three Serjeants and 
 two corporals. Whenever rechiced below twenty-five mem- 
 bers the said com])any shall be disbanded, unless it recruits 
 under tlie ireneral law. 
 
 \.A„i86i,xn, 878,21 ^hc " Spai'tau Trooj>," a new volunteer troop of cavahy, 
 sp-irtan Troop. j^^j^y \,q reccivcd iuto the upjier s(piadron of the ninth regi- 
 
 ment of the fif'lli briLMdi'. Sdiitli CarDliiia ravalrv. 
 
 lb.. 887. 
 Chester Rifles. 
 
 The "Chester Kifles," a new volunteer corps of riflemen, 
 may l)e received into the twenty-sixth regiment. 
 
 A.A.,isci. .\iii.67. The "Waccamaw Lidit Artillery" may be received into 
 
 Wnccamuw Light Ar- "^ d j 
 
 t'lit'o-. the thirty-third reiriment. 
 
 XV.— Acts of 1860 and 1861. 
 
 A.A..i86o-6i,xn,848, "Wheuevcr it shall apiKsar that an armed force is about to 
 '' ciovtrnor to repel bc cmploycd agaiust the State, or in opposition to its au- 
 
 armeil force, to call ,. ,,'/-<*" • ji-i, 1,1 i 
 
 out uiiiitin. thority, the (lovernor is authorized to repel the same; and 
 
 for that purpose to call into the sen'i^'C of the State, from 
 time to time, such portion of the militia as he may deem 
 necessary and proper, and to organize the same on the fol- 
 lowing jilan. That is to say: 
 
 The Governor sjiall call tor one volunteer company of 
 infantr}' from ea'-li iiifantry battalion, and shall receive two 
 rifle companies from each infantry brigade in the State; to 
 consist of one Captain, one First Lieutenant, one Second 
 Lieutenant, one Third Lieutenant, five Sergeants, six Cor- 
 porals, and not less than sixty nor more than eighty-five 
 Privates, and such company shall have preference in the 
 order of acceptance by the Governor over other companies 
 subsequently raised from such battalions, or from the State 
 
 lb., \ 2. 
 
 Infantry Companies, 
 number of. 
 
V/;? 
 
 67 
 
 at large. Every existing volunteer company, troop or 
 
 squadron, battalion or regiment, composed of volunteer 
 
 corps, which shall oiler their services as a whole, may be 
 
 so received, and permitted to retain their officers: Provided^ 
 
 they tender their services with the requisite number of 
 
 officers, non-commissioned officers and privates. If any Failure to answer «iii 
 
 battalion of infantry shall neglect, refuse, or foil for want "'''"^'""""' 
 
 of numbers, for thirty days after the issue of tjie call of the 
 
 Governor for the purpose aforesaid^ to report to him the 
 
 organization of such volunteer company or companies, witli 
 
 their complement of officers, non-commissioned officers and *■ 
 
 privates, ready for service, then the Governor is hereby 
 
 authorized and required to till such vacancies, by receiving 
 
 volunteers from the nearest t)attalion or battalions to the 
 
 one s5 foiling; and to order a draft from the defaulting 
 
 battalions. 
 
 The Governor mav further receive as volunteers one or ^^..p. 
 
 •• ^ Cavalry crimpHni<>». 
 
 more companies of cavalry from each cavalry regiment of """''•«■'■ -i" 
 the State: each company to consist of one Captain, First 
 and Second Lieutenants, one Cornet, four Sergeants, four 
 Corporals, one Saddler, one Farrier, one Trumpeter, and 
 not less than thirty-two nor more than sixty privates; and 
 shall organize the same into not more that four squadrons 
 and two regiments, with the proper field and staff officers, 
 as provided by law; and shall arm and equip the same for 
 active service. 
 
 He may also accept the seiTices of one regiment of artil- n,., ? 4 
 ler}' troin the City 01 Charleston, one company ot artuler3''nunii.rT.T. 
 each from Columbia, Georgetown and Beaufort, and shall 
 arm and equip the same for active service; and every such 
 com[»any shall consist of one Captain, four Lieutenants, two 
 Stati' Sergeants, six Sergeants, twelve C'orporals, six Arti- 
 ficers, two Buglers, and not less than fifty-eight nor more 
 than one hundred and twenty-two privates. 
 
 Each company of volunteers when thus formed, and " 
 
 . . . - ^" '™. • 
 
 before tendering its services, may elect or api»oiut !(»<•»"*«"• 
 
 own company officers ; but no election shall take place in 
 
 any company while in active service, except in cases of 
 
1^ 
 
 m 
 
 vacancy in the offices of Ensi<jn or Cornet, or Fourth Lien- 
 tenant of artillerv, wliicli shall he tilled hv an election. 
 Such election shall be ordered forthwith hy the superior 
 officer in coniniaiid of tlie comjiany, battalion or reijiment 
 in which the vacancy sliall occur, and the election shall be 
 held within twenty-four hours after such order has been 
 issued. In all other cases of vacancy, the same shall be 
 filled by promotion of those next in grade thereto in their 
 respective companies. 
 
 lb. 850. JO The Governor is eiiniowered to order into active service 
 
 M«y order out fore* I 
 
 .mbracfd in Act. ^^^y |,jjj-t, oT all, of tlic abovc military force, whenever and 
 
 at whatsoever places he may deem the safety of the State 
 Period of service. rcquircs. ]]ut such military forces shall not be compelled 
 to remain in active service for a longer pericnl than twelve 
 months. The Governor is authorized to call, previous to 
 the expiration of said term of service of the troo])s in the 
 field, for further volunteer forces, to supply their places, 
 should the same be deemed necessary for the safety of the 
 State. 
 
 oiinpanics, how t- bo Thc Govcmor shall organize tortlnvith the said compa- 
 rommiLio'iRMi. * "" nlcs, and existing volunteer organizations of the State who 
 tender their services, into appropriate battalions, s([uadron9, 
 regiments, brigades and a division. The .said military divis- 
 ion sliall be officered by one Major-General, to be appointed 
 by the Governor, by and with the advice and consent of the 
 Senate, and to be commissioned by the Governor, and in 
 case the Senate shall not be in session, the nominee of the 
 Governor shall be commissioned by him, and hold the 
 office until thc clo.se of the next session of the Legislature 
 after such ajipointment. The said Major-General shall have 
 power to appoint the following statf officers, that is to say: 
 One Deputy A(ljutant-(ienei"al, with the rank of Colonel; 
 one Division lnspector-(ieiieral, one Division Quartermas- 
 ter-General, one Division Commissary-General, one Division 
 l*aymaster-(ieneral, one Division Surgeon-General — each 
 with the rank of Lieuteiumt-Colonel; and three Aides-de- 
 camp, with the rank of Major: said stati" officers to be com- 
 missioned by the Governor. 
 
?^/ 
 
 Each brigade shall be officered by one Brigadier-General, ib.. ?r. 
 to be appointed by the Governor, by and with tlie aclviceomorioappoin" 
 and consent of the Senate, to be commissioned by the 
 Governor, and in case the Senate is not in session at the 
 time of the appointment, the nominee of the Governor 
 shall be commissioned by him, and hold the office until the 
 close of the next session of the Legislature after such ap- 
 pointment. The said Brigadier-Geiieral shall have power Hriga.ikTt..nppointhiH 
 to appoint the following staff officers, that is to say: One 
 Brigade Major, one Brigade Inspector, one Brigade Com- 
 missary, one Brigade Quartermaster, one Brigade Surgeon — 
 each with the rank of Major; and two Aides-de-camp, with 
 the rank of Captain: said staff officers to be commissioned 
 by the Govcrmn*. 
 
 Each re<2:imcnt shall be officered bv one Colonel, one ib.. soi. ? 9. 
 
 T ■ ^ /^ 1 ^ 1 -kir • "^1 1 T 1 1 Kegiinental officers. 
 
 Lieutenant-Colonel and one Major, to be elected bj' the how eiecud. 
 officers and privates of the said regiment, within ten days 
 after the companies composing said regiment shall have 
 been accepted, the election of said officers to be ordered by 
 tlie Governor, and the commissions therefor to be signed 
 and issued by him. The Colonel of the said regiment shall ooiomi t,, appoint hi* 
 have power to ap[toint the following staff officers, that is 
 to say: One Adjutant, one Quartermaster, one Commis- 
 sary and one Surgeon — each with the rank of Captain; 
 one Assistant Surgeon and one Chaplain — each with the 
 rank of First Lieutenant; one Sergeant-Major, one (Quar- 
 termaster-Sergeant, one Drum-Major and ten Musicians: 
 said commissioned officers to be commissioned by the 
 Governor. Any vacancy occurring in the general office varanrio, bo* miM. 
 of any brigade, or in the Held offices of any regiment, 
 whilst such brigade or regiment is in actual service, sliall 
 be filled by promotion in regular grade and not l)y elec- 
 tion. 
 
 The aforesaid forces shall constitute one division, and }^.rV'\ 
 
 \*b<il«' {•fTTf one diTHi- 
 
 said division shall consist of not less than two nor more''*- 
 than four brigades of infantrv. and each infantr}' brigade 
 shall consist of not less than two nor more than four regi- 
 ments, and the artillery and rifle companies shnll be attach- 
 ed to such infantry regiments or brigades as the officer in 
 
72.^ 
 
 70 
 
 ' ntal ofllcera. 
 
 command of tlio troops called into active service may from 
 time to time designate. 
 
 When eiffht companies of infantrv, and the rifle compa- 
 nies thereto attached, in any infantry brigade shall have 
 been accepted, the (lovcrnor shall orijanize the same into r. 
 regiment, anil shall authorize the said companies to meet at 
 their respective rendezvous on a given day, and there ballot 
 for Colonel, Lieutenant-Colonel and Major, and the resnl! 
 of the balloting in each company sliall be transmitted by the 
 captain thereof to the Governor, who shyll declare the 
 election, and commission said officers. When two regi- 
 ments are organized, the Governor shall appoint, as here- 
 inbefore provided, a Brigadier-General to command 'said 
 
 Addnu.iiiii tnioi.H, bowbriixade: and when additional reirimenta, as hereinbefore 
 provided, shall have been organized, the Governor shall 
 form them into brigade^^, and appoint Brigadier-General 
 to command the additional brigades, and shall also appoint, 
 as hereinbefore provided, a ^Tajor-Gcneral to command tlx 
 division; and when additional troops are called into active 
 service, they shall be distributed into the brigades already 
 formed, in such manner as the good of the .service may 
 require, and as may be deemed exi">edient by the Major- 
 General commandini^ the diATsion: Pi'ovutof, that such 
 additionftl troops arc other than those above contemplated, 
 
 omcoMofcavuiij, how AVTienever four .companies of cavalry shall bo accepted, th* 
 '''^'^' Governor shall order an election for a Major to command 
 
 the battalion, and when eight companies shall have been 
 accepted, the Governor shall order an election for an addi- 
 tional Major, and for a Colonel to command said regiment, 
 and when two regiments shall have been organized, the 
 Governor shall appoint, as Ijcfore ])rovided, a Jirigadier- 
 Goneral to command tin- brigade of cavalry. 
 
 jb.. J12. The oflicurs of the division, brigades, regiments, battal- 
 
 by lot. ions or companies, of equal grade and date of cemmission. 
 
 shall determine their rank by lot. 
 
 lb.. J 13. The companies herein authorized to be organized shall 
 
 ComimnicM anii«."l duel , „ , , , . • i i -i • ' 
 
 .•.luipjKMi. be fully armed and equipped when mustered iiitp service. 
 
VI 
 
 71 
 
 .The law proliibitiii£r the reduction of beat comuauics be- '''•• ?'•*• 
 
 *- ^ Hoat conipanicB, Ibw 
 
 low ihe number of fifty men shall be suspended: Provided as^'""* rc-iucuon of 
 such reduction is occasioned by the reception of volunteers limitation of Act. 
 into the ^ci-vice of the State. 
 
 The army regulations, approved works on courts martial, ii>., n^. 
 and books of instruction for the different arms of service intioH^wmtI)regc?ibPd "' 
 use in the Confederate States army, shall ])e used by the 
 troops aforesaid, and the same system of drill and discipline 
 shall be enforced; and the Governor shall obtain, at the 
 expense of the State, a sufficient numljer of copies of the 
 said books for the purposes indicated. 
 
 The followiui? pay and rations shall be allowed to the iij-.n*5- 
 
 <=> ^ ^ _ Officers anrl priratM, 
 
 commissioned, non-commissioned officers, privates and mu-!"'y°'"- 
 sicians of the aforesaid troops, while in the active service 
 of the State: For the Infanirji Service — To Major-General, infantrj-. 
 two hundred dollars per month, and seven rations per day; 
 to Brigadier-G-eneral, one hundred and sixty-five dollars per 
 month, and six rations per day ; to Colonel, one hundred 
 and twenty-five dollars per month, and five rations per day; 
 to Lieutenant-Colonel, one hundred dollars per month, and 
 four rations per day; to Major, eighty-five dollars per 
 month, and three rations per day; to Captain, sixt}' dollars 
 per month, and two rations per day; to First Lieutenant, 
 forty dollars per month, and two rations per day;, to Second 
 Lieutenant, thirty dollars per month, and two rations per 
 day; to Third Lieutenant, thirty dollars per mouth, and 
 two rations per day; to Fourth Lieutenant of Artillery, 
 thirty dollars per month, and two rations per day; to Ser- 
 geant-Major, twenty -five dollars per month, and one ration 
 per day; to Quartermaster-Sergeant, twenty-five dollars per 
 month, and one ration per day; to Drum-Major, twenty 
 dollars per month, and one ration per day; to First Ser- 
 geant, twenty dollars per mouth, and one ration per day; 
 to Second Sergeant, fifteen dollars per month, and one 
 ration per day; to third Sergeant, fifteen dollars per month, 
 and one ration per day; to Fourth Sergeant, fifteen dollars 
 per mouth, and one ration i)cr day; to Fifth Sergeant, 
 fifteen (^lars per month, and one ration per day: to Sixth 
 Sergeant; fifteen dollars per month, and one ration pei;day; 
 
nn 
 
 the Corporals, twelve ch^llars per month, and one ration per 
 day; Privates, ten dollai^s per month, and one ration per 
 day; Musicians, ten dollars per month, and one ration per 
 
 r»raii7. day. For the Caralnj Service — Each officer, non-commis- 
 
 sioned officer, private and musician shall he allowed the 
 same pay and rations as are allowed in the Infantrj- service, 
 with the addition of tbracfe for each horse ouqihned in the 
 
 Attiiiery. f^i^id sorvicc. Ftii' On AriiUmf Service — Each otficcr, nou- 
 
 commissioned officer, private and musician shall be allowed 
 the same pay and rations as arc allowed in the Infantry ser- 
 vice, with the addition of forage for each horse employed iu 
 the said service. Each Sergeant, Corporal, Private and 
 Musician, who shall he mustered into the service of tUe 
 
 noiiiingnndcommuia- State, sliall hc allowcd two suits of clothes, two caps and 
 two pairs of shoes, in addition to the pay and rations 
 hereinbefore allowcd. The commutation value of each 
 ration shall be thirty cents; the commutation value of for- 
 age for each horse enrolled shall be eight dollars per month; 
 the commutiitiou value of clothing for each soldier i)er 
 year shall be fifteen »lollars. 
 
 Hi.. 863,?i7. The troojjs of this State, when in active service, shall in 
 
 DiHciplinc same at< army ,. ,,..,. .,,. 
 
 «.r United State*. Gvcry rcspcct be subject to the disciphne as specihed m an 
 
 Act for establishing Rules and Articles for the government 
 of tlie Army of tdie United States, approved April the 
 tenth, in the year of our Lord one thousand eight hundred 
 and six. 
 
 offi«rhiiii.ii,nvi«(H(x- The commissioned, ndn-conimissioned officers, ])rivate8 
 
 empt from roiul duty and 
 
 ■Test. and musicians of every volunteer company, trooj), battalion, 
 
 squadron or regiment, which may be raised and mustered 
 into service under this military organization, shall not be 
 called upon during said service as volunteers to jierform 
 any military or road duty, nor shall be subject to arrest for 
 an}' debt, contract or obligation after being mustered into 
 service, and for ten days after being discharged from said 
 service; but shall be liable to perform in their res}»cctive 
 corps all the duties now rcfjuired, or which may hereafter 
 be required l)y the ConiiiKiii<ler-iii-Cliief, or officers in 
 command of said volunteer corps, as are hereinb^bre pre- 
 scrib/)d. 
 
73 
 
 The above shall continue in force till the seventeenth of ib.,8i2n*- 
 December, eighteen hundred and sixt3^-two. 
 
 ^ 
 
 Regular Army of South Carolina. 
 
 There sliall be raised, equipped, disciplined and main- a.a..is6i.xit.«54.?i. 
 tained, for the regular militar}- service of South Carolina, "i-.irin" a" "" '^^"^^ 
 the following officers and soldiers of dificrent arms o\' the 
 service, viz : 
 
 There shall be one regiment of artillery, which shall con- hj-SS: isai. xiii. 73. 
 sist of the officers allowed by the laws of the Confederate"'' anJofficers- "^^ 
 States of America to regiments of artiller}-, and not less 
 than eight companies ; and each company shall consist of 
 one Captain, two First Lieutenants, and one Second Lieu- 
 tenant, four Sergeants, four Corporals, two Artificers, two 
 Musicians, and not less than sixty nor more than one 
 hundred Privates; and one company of artillery may be 
 equipped as a harnessed batter}' of light or ti3'ing artillery. 
 
 There shall be one reiriment of infantry, which shall J^-H- 
 
 '-' t/ ' , Infantry, one roeinifnt 
 
 consist of one Colonel, one Lieutenant-Colonel, one Major, "'"''""' "*^''•'""• 
 one Regimental Adjutant, one Regimental Quartermaster, 
 one Sergeant-Major and one Quartermaster-Sergeant, and of 
 not less than eight nor more than sixteen companies ; and 
 each company shall consist of one Captain, one First 
 Lieutenant and one Second Lieutenant, four Sergeants, 
 four Corporals, two Artificers, two Musicians, and not less 
 than fifty or more than eighty Privates. 
 
 There shall be one squadron of cavalry, convertible into ii'>-'''>.|o:xni.73.?2. 
 
 ^ ' Cavalry. (iimtiJirm nf, 
 
 infantry or artillery, as the War Department may direct,»n''«<^'^««- 
 which shall consist of one Major, one Adjutant, and one 
 Quartermaster, one Sergeant-Major, one Quartermaster- 
 Sergeant, and four companies; each of which shall con- 
 sist of one Captain, one First Lieutenant and one Second 
 Lieutenant, four Sergeants, four (-orporals, two Musicians, 
 two Artificers, and not less than sixty nor more than one 
 hundred Privates. 
 
 All tl^ officers ci^eated by the provisions of this Act shall J^ J^ 
 be appoWited by the Governor, by and with the advice and 
 
 bow Kftptnn\*A 
 
72-4 
 
 n... 1 10. 
 
 Officers, terms of. 
 
 consent of the Senate ; but should vacancies occur, or re- 
 main unfilled during the recess of the Legislature, the 
 Governor shall have power to fill the vacancy by commis- 
 sion to extend r.iitil the clo.-io of the next session of the 
 Legislature. 
 
 All officers created by the pro-visions of this Aet shall hold 
 
 their commissions during good behavior and the pleasure of 
 
 the Governor of South Carolina for the time being, and all 
 
 Prirntpg. fniistment of noii-commissioncd officers and privates shall be enli.^te<.l to 
 
 throe year*. '■ -, • ■, 
 
 serve for a period of three years, or during the continu- 
 ance of the war between the United States and the Con- 
 federate States of America, unless sooner discharged; and 
 all re-enlistments shall be for a period of three years, or 
 during the continuance of the said war, unless the persons 
 re-enlisted be sooner discharged ; but no military force of 
 any kind shall exist for a longer period than while they 
 are in the service of the Confederate States of America. 
 
 lb., jn- The increase of strength from the iiiiii'uauiji lo the maxi- 
 
 lucrease by Governor. • i -i ,• *" • i i ii i i 
 
 mum, as provided lor eoinpunies and corps, snail be made 
 by direction of the Governor, according to the exigencies 
 of the service. 
 
 R)., 856, 2 12. 
 Disbursing ofBcera to 
 give bond. 
 
 U.., J14. 
 
 Army llegulatluuB. 
 
 All officers created by the provisions of this Act, who 
 shall be charged with the disbursement of public money, or 
 the safekeeping or charge of public property, shall give 
 bonds for the faithful discharge of their duty, in sums as 
 prescribed by the Laws and Regulations for the army of the 
 late United States, according to their respective ranks. and 
 positions, and such duties shall be performed according to 
 Buch regulations, with such modifications as may be ordered 
 by the Commander-in-Chief to ada})t them to the service of 
 the State of South Carolina. 
 
 The rules and articles by which the army of the United 
 States is now governed, and the regulations of the said 
 army now of force, shall bo the rules and articles and regu- 
 lations for the army of the State of South Carolina, with 
 such mo(btication6 as may be necessary to adapt the same 
 to the service of this State. 
 
/^/ 
 
 75 
 
 Board of Ch'dnance. 
 
 There shall be a Board of Ordnance, to consist of the 
 Governor of this State, the Adjutant and Inspector-Gene- < 
 ral, the Ordnance Officer, hereinafter provided, and three 
 other persons to be appointed by the Governor, and the 
 Governor shall be cx-officio President of said Board, and an}' 
 four of it shall constitute a quorum. It shall be the duty 
 of the Board to examine the condition of all ordnance, 
 small arms, ordnance stores, ammunition, gun-carriac^es and 
 other equipments, shot, shell and so forth, belonging to the 
 State; and for this purpose they shall have power to call 
 upon all other officers of the State, who have such matters 
 in charge, for reports on the condition, location and so forth 
 of such articles, and the said Board shall have access to the 
 arsenals, magazines and other depots of the State, at such 
 times as they shall deem proper. 
 
 A.A..lS0l.XII.So6.?l. 
 Hoard i)f Orilnmice 
 sfnblishoj. 
 
 (iovernor President 
 
 The said Board shall take the proper means and make 
 appropriate arrangements for the preservation and safe- 
 keeping of the artillery, small arms, equipments and muni- 
 tions of war, and so forth, of the State, and for the storage 
 and other disposal of them, and for this purpose may em- 
 ploy guards for the arsenals and magazines and armories, 
 to keep in good order such ordnance, arms, and so forth. 
 To defray this expenditure the sum of ten thousand dollars 
 shall be annually added to the military contingent fund, 
 and be disbursed under the supervision of the Governor. 
 
 lb., 857. J 2. 
 Anns, care of. 
 
 The said J^oard shall disburse the funds which maybe ]\,..iz. 
 provided or api>ropriated b}' the Legislature at this ternl, or """' 
 from time to time, for the purpose, and placed at the dis- 
 posal of the Board, in the purchase of such improved fire- 
 arms, ordnance and munitions of war, as may be deemed 
 expedient hy them; and the said purchases shall be under 
 the direction and control of the said Board. 
 
 The small fire-arms, purchased and lU'ovided under this if- I* ,._ 
 
 » ' Jc 1 AmiK. rfwtrictton on 
 
 Act, shall not be given out to the ordinar}^ militia or to the'"'^*'^*"'""" 
 volunteer organizations of the State, except when drafted, 
 ordered out or enrolled for a term of actual service, or for 
 
^1-% 
 
 ;» 
 
 special duty; at tlie end of which time they shall he re- 
 turned to the dispeusiiii!^ officer and restored to their appro- 
 priate arsenals. The Board of Ordnance shall provide the 
 l)ropor regulation to this end. 
 
 ^\\^- ^^ The other persons who are to be members of the said 
 
 Onlnance Officer en- ' 
 
 "•Rwiby Board of Onlnance, as before provided, or a majority of 
 
 them, shall be authorij^cd to engage a fit and competent 
 Onlnance Officer, who shall be cx-officio a member of said 
 Board, and who shall open an Ordnance Bureau, inspect all 
 arms and ordnance purchased by the direction of the Board, 
 org-nni/.e an Ordnanrc Department, and perform all such 
 other duties as may l)e designated by the said Board; and 
 the said officer shall have the rank of a Colonel of Artil- 
 lery, shall be commissit»ned by the Governor as sueli, shall 
 be subject as such to be tried, reprimanded, fined or cash- 
 iered by court martial, for delinquencies of duty, in the 
 same manner as other officers of his grade, and shall receive 
 a salary at the rate of three thousand dollars per annum. 
 lie may employ a clerk (subject to removal by him for in- 
 efficiency or bad conduct) at a salary not exceeding one 
 thousand dollars per annum. 
 
 j^ jg The said Board shall make to the Legislature, at each 
 
 Report to Legislature. geggJQjj^ r^ rcport of their procccdings, in either a public or 
 private comnmnication, as may seem to them most expe- 
 dient for the 43ublic service. 
 
 ,j, „- The said Board is herel\y authorized to employ a scien- 
 
 .MiJ^ioyeZbj" hi^'duty/''' t^ ^"f^ competent military engineer, who shall, as soon 
 as possible, make an examination of the coast of the 
 State, with a view to the defence of the same, and make a 
 report or reports to the said Board as to the points which 
 may need defence, with plans for the same. 
 
 This Aet shall continue in force for two years, from the 
 thirteenth day of November, Anno Domini one thousand 
 eight hundred and sixt}'. 
 
 Suspension of Portions of fhc MiJil'ui ami Patrol Laws. 
 A.A., isGi, XIII, 11. AH free white males, between the ages of sixteen and 
 
 Military duty, persons , inii-ii /. -,• •^• • -x i 
 
 liable to do. Sixty, shall be liable to perform ordinary militia duty dur- 
 
 i 
 
>t; 
 
 ft 
 
 ing the existence of the war between the Confederate and 
 the United States of America, except the persons exempt 
 from all militia service, and except the members of both 
 branches of the General Assembly,, and their respective 
 officers ; all regularly officiating clergymen ; all regular 
 licensed practising physicians; the Faculty and Officers in 
 the South Carolina College ; Professors in other incorpo- 
 rated colleges, and in Theological schools; Schoolmasters 
 having under their tuition not less than fifteen scholars ; 
 and all students at schools, academies, and colleges; all 
 branch pilots; one white man to each established ferry, 
 toll bridge, and toll grain mill, if actually kept by such 
 white man; the President, Cashier, and Teller of the sev- 
 eral Banks of the state ; the officers and men of the City 
 Guard, and the Fire Departments of Charleston and Co- 
 lumbia; the officers and employees of all Railroad Com- 
 panies; the Superintendent and Keeper of the Lunatic 
 Asylum; the Keepers of the Arsenals of the state; all 
 persons holding office under the Confederate States, and 
 the officers and cadets of the Military Academy. And all 
 said males, from the ages of sixteen to sixty, shall be liable 
 to perform patrol duty, and shall be subject to be ordered 
 by the Governor and Commander-in-Chief to perform mili- 
 tary service in their respective brigades. 
 
 So much of the one hundred and forty-eighth section of Ho^rMumr'lrr'Il.'T;. 
 an Act entitled "An Act to reduce all Acts and clauses of'""^"' "'•"■"""■• 
 Acts in relation to the Militia of this state to one Act, and 
 to alter ana amend the same," as limits the term of service 
 of the militia, when drafted, to three months within this 
 state, and two months out of the state, is suspended during 
 the said war; and during such suspension the Commander- 
 in-Chief may call out any portion of the militia of tliis 
 state, from the ages of eighteen to forty-five (except those 
 exempt by this Act from militia service), for twelve 
 months, unless sooner discharged, for service either in 
 this state or any of the Confederate States: Provided., That 
 on his ordering a draft the companies (beat or volunteer) 
 of the militia shall be allowed to furnish the rpiota re- 
 quired of them by volunteers for actual service. 
 
 The companies shall furnish their quotas of volunteers ^;>po^"» '»^'' •'• 
 
yio 
 
 78 
 
 or drafted men in proportion to their relative number 
 liable to a .di-aft by the i)rovi8ions of this Act, and be 
 exempted from sucli call to the extent of the number of 
 volunteers the}- have ali'eady furnished, and who are then 
 in the military service of this state or the Coni'odorate 
 States, or who shall have served at least twelve months ia 
 such service: 7Vr/r<V/«</, That no company shall be reduced 
 by drafting below the number of fifteen: And prwukd^ 
 furtlui'y that it may be lawful for any one so drafted to 
 tender to the commander of the rci^^inient a capable sub- 
 stitute, and upon his being received, the person drafted 
 shall be excused from going into actual service, but shall 
 be liable to perform ordinary militia and patrol duty. 
 
 organiMtiou. All troops thus raised, whether volunteers or drafted 
 
 men, for the term of twelve months service, shall be or- 
 ganized by the Commander-in-Chief into companies and 
 reginunts, battalions or scpiadrons, by ordering forthwith 
 elections for their company' and field officers, conforming 
 in said organizations to the laws, rules, and regulations of 
 the Confederate States. And all volunteers for a longer 
 period of service shall be separately organized in a similar 
 manner. 
 
 Bent companies. Acts All Acts prohibiting tlio reduction of beat companies 
 ^Sa/"*"''"*""' '"•"below the number of fifty men, and all Acts imposing i.cn- 
 alties for default of service in the militia organization of 
 this state, are suspended as to all persons who may voluu- 
 tecr in the service of this state or the Confederate States, 
 in the war aforesaid. 
 
 KiiKii.iiityfooffl<e.A(in All Acts uud clauscs of Acts prohibiting persons from 
 Hu.'i'i-micli!' '*'''^''""'' '''"'being eligible to oilice, by reason of not holding commis- 
 sions in any batudion, regiment, brigade, and division, are 
 suspended during the said war; and any person, during 
 such suspension, shall be eligible to any of said offices, 
 and all. laws requiring more than ten days notice for any 
 military election aiv also suspended during the same time; 
 and any time within ti'ii days shall be sufiicient notice for 
 any such c]eciioii in the militia antt volunteer service of 
 this state; and in drfanlt of such eloctlon, the Governor 
 shall forthwith fill the office by apitointment. 
 
yyf 
 
 w 
 
 All persons required to perform ordinary militia dut}', Mu»teiB and driiis. 
 shall be called out for company muster and drill at least 
 once in every two weeks; and, in case of default, shall be 
 liable to the same fines and forfeitures now provided l)}* 
 law. 
 
 The commissions of all officers of beat companies, bat- commiegiongTacated. • 
 talions, and regiments of the militia of this state, not called 
 into actual service, and those in actual service, when re- 
 lieved, are vacated as soon as new elections can be had 
 \o fill said ofiices so vacated, except the volunteer corps of 
 the City of Charleston attached to the fourth brigade ; and voinnteer eompanio« 
 
 *' - . , , 1 • 1 dissolved. 
 
 all volunteer companies -in the state not now having the 
 number of officers, non-commissioned oflicers, and privates 
 required by law, except those now in actual service or 
 already ordered into actual service, are dissolved; and all 
 persons liable to do ordinary militia duty under this Act, 
 and patrol duty under the provisions of this Act, or under 
 an}' Act, shall be entitled to vote in all company, battal-' 
 ion, and regimental elections. 
 
 Upon anv proclamation or order from the Governor and^'^equisitionponhiBAct, 
 
 i- ^ 1- how complied witb. 
 
 Commander-in-Chief calling for troops, the commandant 
 of each militia regiment not excepted in this Act shall 
 forthwith assemble his command at the usual muster 
 ground, and proceed to execute the requisitions thereof; 
 and oflicers commanding beat or volunteer militia compa- 
 nies, and if there be no such commissioned officers, then 
 some suitable person appointed by the commandant of the 
 regiment, shall forthwith take, or cause to be taken, a 
 census of all persons liable to militia duty under this Act, 
 residing within their respective beats, and make out a roll 
 of the same, and also separate rolls of tiiose between 
 eighteen and forty-five, and of those who have volunteered 
 from said beats, and are in the service of this state or the 
 Confederate States, and shall return copies of said rolls to 
 the commandant of the regiment and to the Adjutant and 
 Inspector-General of the state; and for default iu making 
 said returns within ten days after lieing required to A^ m 
 by the order of any superior officer, they ehall ea^h be 
 liable to a fin- dollars, to be ' 
 
 ered as provide^; » . by the militia lav.. . . .:.. 
 
73^ 
 
 80 
 
 Br<ii«iM to offlc* Imme<lintcly after the passasre of this Act, it shall he 
 
 the duty of the Adjutant and Inspector-General, and he is 
 required, to iseue an order for elections to lill all offices in 
 the various conipanios and res^inients, battalions or squad- 
 rons. f»f the militia <>f tliis state, \vhioh order shall he pub- 
 lished in the newspapers of this state, and thereupon the 
 conimandinfi^ rtfficers of said corps shall extend said order 
 to their respet-tive connnands : and said elections shall be 
 conducted in the manner provided by the militia laws of 
 this state, and in the time re<juired by said order; and the 
 managers of said elections shall forthwith return the result 
 thereof, in writinir, to the commandant of the reeriment, 
 who shall immediately transmit a copy of the same to the 
 Adjutant and Ins}.ootor-(icnoral. 
 
 sparate Bcatf wLere Thc corpoHite llmits of any town containing not less 
 
 !■> Ill- iirgnnizod. i»ii-i i i ^ c -x 
 
 than hve hundred nor more than two thousand five hun- 
 .dred inhabitants, including slaves and free persons of color, 
 shall constitute a separate militia beat; and it shall be the 
 duty of the inhabitants of all such towns corporate, who 
 are liable to militia <lnty under the provisions of this Act, 
 to organize themselves into a company, to be attached to 
 the regiment in wliich such town is situate, unless any 
 such town is divided by regimental lines, in which case 
 the company therein organized may elect the regiment to 
 which they shall be attached ; and thc companies thus 
 organized shall be subject t<> all the provisions of this Act, 
 as other militia beat t'oni]i:inie>. 
 
 roiiip.inio«H- -uptedun- Tlic conipauies which have been or may be accepted by 
 
 ilcr ruBoliitloii of extra .•,,, ixi ix" Ia^i hi 
 
 Hes^ioii not Mibjict to call the Governor, under the resolution passed at the called 
 session of this General Assembly, shall not be subject to 
 the call for volunteers, or to the draft herein provided for, 
 but shall be organized by him, in pursuance of said resolu- 
 tion, into regiments, hattalions, or squadrons. 
 
 AB»iKt«nt QimrtcrniM- Tlic Quaiteniiasi er-( Jcueral and Commissary-General of 
 
 lerr and CoiiiiiiiDHarics. ,. in ii ^-.ii, •,, • ^^ ^-y 
 
 this state shall each he entitled to one assistant, with the 
 rank and pay of Cajitain of Infantry, and as many other 
 assistants, with the jtay of First Sergeant, as the Gov- 
 ernor may deem necessary for the efficient administration 
 
n 
 
 81 
 
 of their departments; and the Adjutant and Inspector- rierk allowed ajju: 
 
 /-< 11111 11 i-fi i' 1 1^ ami Inspertor-Genrriil. 
 
 (ieneral shall be allowed, if deemed necessary by the Gov- 
 ernor, to employ a clerk, at a sum not exceeding sixty 
 dollars per mouth. 
 
 The troops raised within the limits of the fourth mili- Pee nee Legion. « 
 tary division, and organized under the name of the p^^, •""''*""'*' • 
 Dee Legion, are exempted from the operation of this Act: 
 Provided^ They shall, within twenty days from the ratifica- 
 tion hereof, file in the office of the Adjutant and Inspector- 
 General a roll of such companies as may be willing to be 
 mustered into Confederate service, under the provisions of 
 an Act of the Confederate Congress, entitled " an Act to 
 provide for local defence and special service," approved 
 the twenty-first day of August, in the year of our Lord 
 one thousand eight hundred and sixty-one ; and shall, in 
 the meantime, continue in the service in which they are 
 now employed : And provided, That such troops as shall 
 not be mustered into the Confederate service, as aforesaid, 
 shall be subject to all the provisions of this Act. 
 
 Every person liable to military duty under the provis- P'^^fHuiterfi, how j..... 
 ions of this Act, who shall make default when summoned 
 into actual service, shall be liable to such punishment, 
 short of death, as may be imposed by a Court Martial, ac- 
 cording to the Articles of War of the Confederate States : 
 said Court to be convened by the ofiicer commanding the 
 regiment to which the delinquent shall belong, who is 
 authorized to order said Court, in conformity with the 
 usages of the army of the Confederate States. 
 
 All Acts and clauses of Acts in relation to the militia of 
 this state, consistent with the provisions of this Act, shall " 
 continue of full force and effect; and all Acts and clansrs iiir...,.i.tpiit Art. r^- 
 of Acta inconsistent with the provisions of this Act, arc 
 suspended during the continuance of this Act. 
 
 Right of Suffrage allowed to Volunteers in scrrirr. 
 
 During the continuance of the existincr war between * a im,i. xin *» 
 the United States and Confederate States of America. tho'> 'i«iwn» ti. mimary 
 members of all volunteer oorapMues made u[> of eitiisens ''"'"'" 
 
 )ird 
 
 ■tint Ail^ r<m»iii 
 
 .f ff.l.lV 
 
V3^ 
 
 St 
 
 of this state, iiiolndiiiir all field and Ptalf officers, who 
 shall he ahuciit tVom home in the niilitarv service of the 
 country, upon the liappenins: of any crencral or district 
 election, shall have the same rijrht of snffVaire as if present 
 ill their respective election districts; and to eiiahle them to 
 exercise the paid richt, it shall he the duty of the commis- 
 sioned officers, or a majority of those present, on <luty, 
 cominandins: any such company of volunteers, after first 
 heing duly swoni t<i manage the same fairly and impar- 
 tially, according to law, to open a poll from twelve o'clock, 
 noon, until two o'clock in the afternoon, in tlieir respective 
 companies, on the day fixed tor any election, and to receive 
 the votes of all volunteers, including field and staff officers, 
 who are qualified to vote under the constitution and laws 
 of this state. 
 
 Mi.i.i.>:.if..iutv..f. Immediately after closing the polls it shall he the duty 
 
 of the Managers to count the hallots, and make a state- 
 ment of the result, certified under their hands, and dis- 
 patch the same, with a hst of the names of the voters, 
 under sealed cover, either by mail or by a special messen- 
 ger, as they shall deem best, as follows : That is to say, if 
 the election be for members of congress, the certificate, 
 together with the liallots cast, to the Governor of the state 
 or to the Secretary of State, and if for members of the 
 G-eneral Assembly, or any district officer, the certificate of 
 the result to the Clerks of the Courts of the respective 
 judicial districts; and it shall be the duty ot the said Clerks 
 to receive and be responsible for such returns, under tlje 
 penalties provided by law for neglect of official duty, until 
 delivered to the Managers of Klections as herein provided. 
 
 i.>ui.tMaii«M<crH Inly It shall bc thc duty of the Managers of the several 
 """'"■''■ election districts to reassemble at the court-house, or other 
 
 place appointed by law for counting the ballots, on the 
 first Saturday next ensuing any such election, at which 
 time and place it shall be the duty of the Clerks of the 
 Courts, under* the penalties aforesaid, to deliver to the 
 Managers the returns, if any have been received by them 
 from the army; and the said Managers shall forthwith 
 proceed to aggregate the returns thus received with the 
 
83 
 
 returns which shall have been previously made by them 
 from the district preciucts, and declare the election as is 
 now provided by law. And if, upon the reassembling of 
 the Managers for the purpose aforesaid, it shall happen 
 that no returns, or only partial returns, have been received 
 from the army, then it shall be their duty to declare the 
 election according to the result of the ballots cast at their 
 district precincts, and the returns, if any, received. 
 
 All Acts and parts of Acts repugnant to this Act, are R.p„,„ant acu .«.- 
 suspended in their operation for and during the continu- '"'"'''"''■ 
 • ance of the war between the United States and Confederate 
 States of America. 
 
 Military Guard for Charleston. 
 
 The members of the Board of Fire Masters, the officers a. a., iseo-fli. xn. 
 of the Fire Department, and the officers and members of '" 
 the various Fire Engine and Axe Companies of the Citypatroi'dut7.'^'"^"' '* 
 of Charleston shall, whenever thereunto required by the 
 Mayor of the said city, during the continuance of the 
 existing war between the United States and the Confed- 
 erate States of America, be subject to perform armed 
 patrol or guard duty within the said city. 
 
 It shall be the duty of each of the Fire Engine and Axe Fir- companic to fur 
 ('ompanies of the said City of Charleston to furnish the under ''au," 
 Chief of the Fire»Department v^nth a correct list, sworn to 
 by the Secretary thereof, of all such officers and members 
 of such company who are liable to tlie duties thereof, at 
 least once in every three months, to be by him enrolled, 
 together with the members of the Board of Fire Masters 
 and the officers of the Fire Department, as an armed pa- 
 trol or guard. And it shall be lawful, at any time of 
 danger or alarm, for the Mayor or acting Mayor of the 
 said citv to call upon such enrolled patrol or guard, or 
 such portion of them as he may think necessary, and re- 
 quire of them to perform such armed patrol or military 
 guard duty within the said city, iu addition to their fire 
 dut}-, as may be requisite, in his opinion, to the jiublic 
 safety. 
 
m 
 
 84 
 
 D^fnuiiw. how dekit All (leftinlters from such j^atrol or guard dnt}' shall be 
 reported once in each month hy the Chief of the Fire 
 Department, and the Presidents of the various Fire En- 
 gine and Axe Comjninies, to the said Mayor or acting 
 Mayor, who shall, atter notice, call a Court, consisting ot 
 himself as presiding officer, and any two Presidents of 
 the said comjtanies, to try defaulters under this Act; and 
 such Court shall he, and is hereby, authorized to impose 
 such fine, not exceeding twenty dollars, as they may think 
 proper : such fine to be enforced and collected in the same 
 manner as fines im]»o8od by military Courts Martial are 
 now enforced and collected, and the said lines, when col-* 
 lected, shall be jmid into the Treasury of the said city. 
 
 I'atni m.t liaMe to All such pcrsons so enrolled under this Act shall not be 
 liable to any draft for military service which may hereafter 
 be made under the requisition of any of the laws of this 
 state. 
 
 Notice u> i.< jri^f-n of Immediately upon the resignation of any person so en- 
 rolled trom the said hire J)opartnient, notice shall be given 
 to the Chief of the Fire Department, who shall immedi- 
 ately strike such person from such enrolment. But no 
 one shall resign without giving six months notice of his 
 intention to do so, unless by the written consent of the 
 officers commanding the company from which he proposes 
 to withdraw. Proruhd, That no company shall increase, 
 by election, the number of active members on its enrol- 
 ment at the date of the passage of the Act of December, 
 1801, but shall only fill vacancies so as to keep up the said 
 number of men. 
 
 uovfri.o. I. iHnu* arm. Thc Govcmor is autliorized to issue to the Mayor of 
 Charleston, u]>on liis reijuisition, such arms and necessary 
 ammunition as may be from time to time required to arm 
 the said patrol or guard herein provided for. 
 
 I 
 
i^f 
 
 ADDENDA ET CORRIGENDA. 
 
 At imgQ 3. After " Cessions to the Confederate States " 
 insert : 
 
 "The Govermucnt of the Confederate States of America ordinance ..i ism. 
 'is hereby autliorized to occnin', use, and liold possession !*•"• J-un-a'-f conven- 
 
 " i ^ ' ' 1 tion, Ptc. , Ordinances, p. 
 
 of all forts, navy-yards, arsenals, custom-houses, and otlier^^- 
 l)ul)lic sites within the limits of tliis state, and their ap- 
 purtenances, lately in the possession of the United States 
 of America, together with Fort Sumter, and to repair, 
 rebuild, and control the same at its discretion until this 
 ordinance be repealed by a convention of the peoi>le of 
 this state. 
 
 "In this concession are included the places heretofore 
 ceded, that is to say:" 
 
 [Follow the printed book down to "Judicial Districts."] 
 
 At jxiffc 9. Strike out "Claremont" and insert "Sum- 
 ter." Strike out "Liberty or." 
 
 Aipage'il. Strike out "District of Charleston." Insert: 
 "Beaufort, Georgetown, Camden, Cheraw, Columbia." 
 Strike out the last paragraph on this page. 
 
 At page 12. Under Abbeville insert " 1860-fil, XII, 91S." 
 ToLowndesville, add -1860-01, XII, 913." 
 ToBlackville. add "1860-61, XII, 917." 
 After Lowiidesville, add "Ninety-six, A. A., 
 1S60_61. Xn. 9^.'I.■' 
 J/ page 13. To iioaufort, add -1^60-61, XII, 921. § 17. 
 Strike out "Bluliton." 
 Cheraw, strike out all. 
 
 Insert "District of Clarendon, ^Manning, 
 1800-61, XU, 917." 
 
73^ 
 
 86 
 
 At page 14. (icorirotown, strike out all. 
 
 T«) Greenville, add "1860-61, XH, 894." 
 
 Camden, strike out all. 
 
 Insert after Laurensville, "Distriet of Lex- 
 
 in<?ton. L.-xiiiLTtoii. A. A., 1860-61. XTT. 
 
 920." 
 
 At page 15. To Uran«,'cbiirg, add "1860-61, XII, 918." 
 Strike <»ut "Tt)tnes.s." 
 
 Tu Si.artanburg, add "1860-61, XII, 918." 
 To Sunitcr, add "1860-61, Xn, 948." 
 To Yorkville, add "1860-61, XII, 921." 
 
 At jHKjc IG. AltiT iLe first paragraph of Article I. 
 insert: 
 oniinaiicoofi&ci. .lour- " Kvorv iiersoii \\\\o at the date of the Ordinance of 
 
 lul of Convention, etc., . *^ ' 
 
 Ordinances, 26. Sccessioii (the twcntictli day of December, 1860), was bv 
 
 Who are citizens. birth, rcsidcnce, or naturalization, a citizen of this state, 
 shall continue a citizen thereof, unless a^ foreign residence 
 shall be established by such person with tlie intention of 
 expatriation. 
 
 lb., 19. "So, also, shall continue every free white person who, 
 
 after the date aforesaid, may be born within the territory 
 of this state, or may be born outside of that territory, of 
 a father who was a citizen of this state. 
 
 lb. "So, also, every person a citizen of any one of the states 
 
 now confederated under the name of the United States ol 
 America, who within twelve months after the date of the 
 Ordinance of Secession shall come to reside in this state 
 with the intention of remaining, upon such person talking 
 the oath of allegiance to the state, below provided. 
 
 lb. "So, also, every free white person who shall be engaged 
 
 in the actual service, military or naval, of this state, and 
 shall take an oath of his intention to continue in such 
 service for at least three months, unless sooner discharged 
 honorably; and, also, the oath of allegiance below pre- 
 scribed. In this case the oaths shall be administered by 
 some commissioned oliicH-i- of the service in wliich the 
 applicant for citizenshii* may be engaged, superior in rank 
 to the applicant. And thereupon certificate of the citizen- 
 ship of the applicant shall be signed by the officer, and 
 delivered to the ajiplieant. 
 
87 
 
 "So, also, every free white person not a citizen of any of "'• "^ 
 the states above mentioned, who at tlie date of tlie Ordi- 
 nance of Secession was residing- in the state, or wlio witliin 
 one year from that date shall come to reside in this state, 
 with the intention of remaining, upon snch person "Appear- 
 ing before the Conrt of Common Pleas for any of the dis- 
 tricts of this state, establishing l)y his or her own oath the 
 residence and intention here required, and taking the oath 
 of allegiance and al)juration below prescribed. 
 
 "So, also, every person not a citizen of any of the states '*'• 
 above mentioned at the date aforesaid, who may come to 
 reside in this state, with the intention of remaining, and 
 may be naturalized according to the naturalization laws of 
 this state. Until thc}^ may be altered or repealed, the nat- 
 uralization laws of the United States, accommodated to 
 the vSpecial condition of the state, are hereby made the 
 laAvs of this state, except that instead of the oaths required 
 by those laws in the final act, the oath of allegiance to tliis 
 state, and of abjuration below provided, shall be taken. 
 
 "In all cases the citizensliip of a man shall extend to his H' 
 wife, present or future, whenever she shall have a residence 
 in the state, and shall extend also to each of his children 
 under the age of eighteen years [who] may liavc a resi- 
 dence in the state. In like manner, the citizenship of a 
 woman shall extend to each of her children that under the 
 age of eighteen j-ears may have a residence in the state: 
 Provided^ That in no case shall citizenship extend to any 
 person who is not a free white person. 
 
 "The oath of allegiance shall be in this form: 'I do n- 
 swear (or affirm), that I will be faithful, and true alle- 
 giance bear to the State of South Carolina, as long as I 
 may continue a citizen thereof 
 
 "The oath of abjuration shall be in the following form, ib. 21 
 to wit : ' I do swear (or affirm), that I do renounce and for 
 ever abjure all allegiance and fidelity to every prince, po- 
 tentate, state, or sovereignty whatsoever, except the State 
 of South Carolina.'" 
 
 At page 16. After the first Article, insert : 
 
 "Personal and Political Rights. 
 "All power is originally vested in the people, and all c^<^ »•«•*« '^ 
 
 f 
 
 / 
 
88 
 
 free goverunieut founded on their authority, and instituted 
 for their peace, safety, and haj>[»iuess. 
 
 "No freeman of this state shall be taken or imprisonod 
 or disseized of his freehold, liherlios, or privileges, or out- 
 lawed, or exik'il, or in any manner destroyed, or deprived 
 of his life, liberty, or property, but by the jndu:ment of liis 
 peers or by the law (»f the land. Nor shall any bill of 
 attainder, ex post facto law, t>r law impairinix the oblii^iv- 
 tion of contracts, ever be passed by the Legislature of this 
 state. 
 
 "The military shall be subordinate to the livil power. 
 
 "Excessive bail shall not be required, nor excessive lines 
 imposed, nor cniel nor unusual punislnueuts inllieted. 
 
 "The Legislature shall not grant any title of nobility, or 
 hereditary distinction, nor erect any office the appointment 
 to which shall be for any longer time than during good 
 behavior. 
 
 "The trial by jury, as heretofore used in this state, and 
 the freedom of the press, shall be for ever inviolably pre- 
 served. 
 
 "The right of primogeniture shall not bo re-established, 
 and there shall not fail to bo some legislative provision for 
 the equitable distribution of the estates of intestates. 
 A b. 1.154. -28 Ed. 3,e. "No mau, of what state or condition that he be, shall be 
 put out of land or tenement, nor taken, nor imprisoned, 
 nor disinherited, nor put to death, without being broni2:ht 
 in to answer by due process of the law." 
 
 At page 18. After first paragraph, succeeding Domestic 
 Order, etc., insert: 
 A. A., 188(1. XII. 8&7. "No ticket or jtennit shall be considered as authorising 
 the continued absence of the slave after he has been ex- 
 amined, unless it spoeifv where he is to go and how long 
 to stay; but this regulation shall not extend to incoqio- 
 rated cities or towns." 
 
 In last line, lor "a" read "the." 
 
 At pa(jc\^. After third paragra})!), add: 
 "The saving of rice in harvest shall be deemed u work 
 of necessity." 
 
 II 
 
 I 
 
/T 
 
 At page 35. In first line of tit'tli paragraph, strike out 
 "other than a white woman." 
 
 At page 36. In first paragraph, second line, insert: 
 "shall be deemed guilty of felony." 
 
 At page 41. After paragraph at top, insert: 
 
 "All penalties against slaves and free persons of color ^- •^- isfii. xni. 53. 
 returning to the state are remitted in behalf of persons ,J',7^,,"'i^„™*^ J^J,ify« 
 leaving the state during the present war, in any occupa-nIn"tar7"cT!"ce''entiUp.1 
 tion connected with the military service of this state or'""*'"""' 
 the Confederate States." 
 
 At page 43. Alter the first paragraph succeeding "Gen- 
 eral Elections," to read: 
 
 "The General Elections shall be held bicnnallj on the ^^^'-'/^^^'^'lil'ir^: 
 first Tuesday after the second Monday of October, in the ^^^*' ^^' **• 
 year one thousand eight hundred and sixty-two, and on 
 the same day in every second year thereafter; and shall 
 be conducted by Managers appointed for that purpose at 
 the preceding session of the Legislature, by joint resolu- 
 tion of the two Houses. And in case of a vacancy, by the 
 death, removal from the district or parish, or refusal to 
 serve on the part of a Manager so appointed, his place 
 shall be filled by the delegation from the district or parish 
 by an appointment in writing." 
 
 At page 44. Strike out fifth section, and insert: 
 "In all elections by the people the Managers of the 
 several precincts shall proceed to count the votes publicly, 
 as soon as the poll is closed, and make and sign a certi- 
 ficate of the result. The next day the Managers, or at 
 least one from each precinct, shall meet at the court- 
 liouso, or at the place where they are required Ity the 
 Legislature to meet, by the hour of four in the after- 
 noon, and examine the returns and declare the result. 
 But the votes in St. Luke's parish shall be counted on 
 the same day as heretofore: that is to say, on the Thurs- 
 day after the election." 
 
 A.A.. lSfi«-«5l. XII. RT5. 
 
 / 
 
90 
 
 At page ;>1. Strike out tlic second paniijfrapli, and in- 
 sert; 
 A A..i86i.xin.83. "The elections for Member of Congress, Members of 
 the Le«i^i8hiture, Sheriffs, Clerks, and all other district offi- 
 cers by the [tcoplc in the Parishes of >St. riiilip and St. 
 Michael, shall be held at ten different places, viz: One poll 
 in "Ward number One, another in number Two, two in 
 number Three, two in number Four, one in number Five, 
 one in number Six, one in number Seven, and one in 
 number Eight. The residents in the city shall vote in the 
 several wards where they reside and not elsewhere. The 
 voters who reside in the Parishes of St. Philip and St. 
 Michael, but out of the city, shall vote in Wards Seven or 
 - Eight, at their choice. There shall be three Managers for 
 each place of election or precinct, and these Managers 
 shall have authority to divide A\'"ards Three and Four into 
 precincts, and ajtpoint the places for holding the polls in 
 tliOio precincts, consulting the convenience of the voters." 
 
 At page HI. To second imnigraph add: "as provided 
 by Article V, § 5, of the Constitution." ^ 
 
 At page 82. Top line, for "hold his ofljce" read "keep 
 an office." 
 
 Strike out note and the whole of it, and in its place 
 insert: J 
 
 A. A., 1R56. xn, 520. "All tlic reeopds, books, and papers belonging to the 
 office of Superintendent of Public Works shall be trans- 
 ferred to the office of the Secretary of State, aa part of 
 the records of his office. Copies of the same when re- 
 quired shall be delivered on ]>ayment of the usual fees." 
 
 At page 1»H. Strike out tlie fourth paragraph as super- 
 seded. 
 
 At page 10'). In fifth line of second paragraph, insert: 
 "The Clarendon Society, the High Hills of Santee So- 
 ciety." 
 
 At page 119. In second line of fifth paragraph, insert: 
 "day of" before "January," and "day of" before "Au- 
 gust." 
 
, T^ 
 
 At page 121. Add to paraciraph sixth: "The deputies a. a., 1731,111, 300. 
 so appointed shall bo called lawful Surveyors." 
 
 At jKifjc 122. To iifth paraijraph, add, " and the prevail- 
 ing party shall recover his full costs." 
 
 Af page ISl. Strike out "under Prison Bounds Acts" 
 and insert: "in case of application for relief from prison. 
 See Poor Prisoners. 
 
 At page 136. In fourth paragraph, second line, strike 
 out "where the sum exceeds twenty dollars," and insert in 
 margin "A. A., 1829, VI, 388." 
 
 At page 148. In the second paragraph, insert in margin 
 "A. D., 1697, 8 and 9 W. 3, c. 27, II, 553." 
 To the last paragraph, add, "and no further." 
 
 At page 149. For "United States," insert "Confederate 
 States." 
 
 At page 151. In first and second line, strike out "the 
 Sheriff," and insert "he." In third line, strike out "the," 
 and insert "his." In fourth line, strike out "of the Sher- 
 iff," and "in jail or his custody." 
 
 At the end of third paragraph, add : " Regents of I^ina- 
 tic Asylum, p>ost^ ." Strike out " Lunatics, postj^ 
 
 At page 152. After third paragraph, insert: 
 
 "No retaking, on fresh pursuit, shall be given in evi-^ a.i>^09t. « »n.i 9 w. 
 deuce in an action of escape against tlie Sliefiff or Jailor, 
 unless the same be specially pleaded, nor shall any special 
 plea in such case be received, unless oath be first made 
 by the defendant that the prisoner for whose escape such 
 action is brought did, without his consent, privity, or 
 knowledge, make such escape. 
 
 "Any prisoner in custody on civil pfocess escaping from ib_{7: n. oss; a. a, 
 
 ' . 1M9 XI. 31. 2 ZT. 
 
 Jail, may be retaken by the same creditor by a new capias, 
 or an escape warrant, or by the Sheriff on the old capias, 
 upon the Lord's da}', or any other day, time, or place. 
 
 "If* the Sheriff or Jailer shall* refuse to produce thc^^'<_»nJ » w.a,c zr.j k. 
 prisoner after one day notice, to the creditor at whose 
 
7//0 
 
 suit the itrisoncr is confined, every anch reftieal shall be 
 adjudged an escape, 
 u " If any person, desirin? to charjfe any other person 
 
 with an action or execution, sliall desire to he informed 
 by the iSlieriti' or Jailer, or their deputy, whether suck 
 person is a jtrisoner in his custody or not, the Sheriff or 
 Jailer shall trive a true note, in writinji, in answer to such 
 inquiry upon dennmd at his otfice, or in default thereof, 
 shall forfeit two Innidred and lifty dollars. And such a 
 note, in writing, that such a person is an actual prisoner 
 in his custody, shall, as acainst the »>herilf, be conclusive 
 evidence of the fact." 
 
 At j)<i<jc 1G2. After fourth pnraicrapii, insert: 
 A A.. iM<i..\i.3flo. "It shall be tlu' duty of every Constable to return any 
 warrant of execution within a reasonable time to the Jus- 
 tice from whom he received it; and, for tailure in this 
 duty, any Justice of the i'eace may lay him under a two- 
 1^^ <lay rule, to show cause why he has not made a proper 
 
 1^^^ return of the warrant : and if he fail to show suilicient 
 
 ^^^■•^ cause, the Justice may make the rule absolute, and order 
 ^ liim to pay the money by a day certain. And the failure 
 of the Constable to comjily with such order shall be deemed 
 a breach of his olUcial bond, which may thereupon be put 
 in suit atz:ainst his sureties, and the coats of the rule, as 
 in causes small and mean, shall be recovered with the 
 debt." 
 
 A/ /i(i(/r liJH. Fourth paraijraph, tenth line, strike out 
 "the said fot|eiture to be recovered by indictment." 
 
 At page 177. vVfter the second paraifraph, insert: 
 A. A.. 1712, n. 6f>6: "They (the Commissionei^ of the Poor) have authority 
 
 1K30, M. 410; 1k:!1. VI, •' ^ _ ' _ •' 
 
 ^•■'s to bind out orphan thilden, with the consent of the next 
 
 wimtriiii.ir.-i.r..mi..i«-^',.j^,,,(] j^„(| i ndci ici I ( liii t of sucli conscut mav bind out 
 
 nc'iK-r» iif tli<* I'lKir muy ' ' • " 
 
 '■' "«•«•"""•«'"»- children chart^eable to the parish, and illegitimates and 
 
 • •hildren of the <lis.solute poor: boys till twenty-ono, girls 
 till eighteen or marriage. 
 A A. 1K31. YI.432. " Auy Commissioncr, l)y his warrant directed to a Con- 
 
 (>iiiiiniiwiriiici-H limy , , i j ^i i_<i • ii» j> ^i t ^ • , • • l MJ 
 
 iKHiu»:.rrHiitf..rBiicii stalilc or to tlic Mienti ot the disti-iet, mav require a chila 
 i-H-n- 111.- iicnni. comiiig withiu tlic lorcgoiug description to be brought 
 
 < 
 
fH-- 
 
 before the Board at its next meeting, to be disposofl of in 
 the article of apprenticeship as the Board may determine. 
 And the Constable or Sheriff* to whom such warrant may 
 be directed shall serve the same, and be entitled to the 
 same fees as in like cases, to be defrayed out of the funds 
 of the Board." 
 
 At page 188. After fifth clause, insert: "But Students 
 of the several schools, academies, and colleges of this state, 
 and I'rofessors of all institutions of learning, Teachers of 
 every kind, and Schoolmasters, are exempt from the per- 
 formance of road duty.'' 
 
 At page 210. "Itinerant Salesmen ": Strike out the whole 
 section. 
 
 At page 211. Sixth line, strike out "intended," insert 
 "included." 
 
 Tenth line, strike out "up." 
 
 At page 214. After fifth paragraph, insert: 
 "The qualification of a Commissioner shall be the pos- 
 session of landed property on Charleston neck, worth at 
 least five hundred dollars, or a residence therein for six 
 months immediately preceding the election." 
 
 At vane 227. After the second parairraph, add: "A a. a.. H25. ti, jw: 
 • 1 • 1 11 1 , , T , \tt 1 j c 1861. xni. si 
 
 semi-annual meetmg shall be held on the Wednesday after 
 
 the first Monday in May." f 
 
 After the word "officers" in the fifth paragraph, insert: 
 
 "which can only be done at the stated or semi-annual 
 
 meeting." 
 
 At page 228. " The salaries of President, Professors, and a. a. im vi ♦«.', 
 Tutors, shall be paid quarterly, in advance, by tlic Trcas- ^•''"•^rv^*-'- t"' 
 urer of the Upper Division, on tlieir drafts countersigned 
 by the Treasurer of the College." 
 
 At pngc 229. After the fifth paragraph, insert: 
 "The Trustees of the said College are authorized to 
 receive in behalf of the state, and invest to the best ad- 
 
 A A . 1^J.« XII. 
 
•Jlfk 
 
 vantafce^ accordinc: to their cHscretiou, all monies, funds, 
 and Heeuritic's. wiiicli may from time to lime be given 
 for the foundation of scholarbiiips iji the said College." 
 
 A ( page 262. Add to the last paragraph: "And if the 
 conrt-house of any district be mukr repair, or from any 
 other cause bo unlit l<»r occupation, it shall be their duty 
 to furnish suitable roonjs f<»r the acfommodation ol' the 
 Court. " 
 
 At page 233. Tn paragraph second, line third, insert: 
 A. A.. 1842. XI. 2»: " blaukcts, boddlug, and other clothing". At the end, 
 
 1800-61, Xn. \.m. » 1 . n , , . . ,r- ' 1 1-1 
 
 "And if tliat supply be insutncient, they are authorized 
 and empowered to raise as much as may be necessary for 
 the purpose by an assessment on the general tax of the 
 district." ' 
 
 At page 234. ' Foot note to end of fourth paragrapli : 
 
 "The Governor has the power to remit the moiety of the 
 
 penalty that goes to the Cttmmissioncrs of the Roads (.S7«/( 
 
 V. WiUiams^ 1 N. <^f- McC, 2G), or to the Commissioners 
 
 \ of Pul)Hc Buildings. State v. Sheriff of Colleton district, 1 
 
 R;ce\« Dig., 338. 
 
 ''When several persons join in committing an, offence 
 for which the law prescribes a penalty, they are severally 
 answerable for the whole juMialty. Stnir v. SioHh. 1 N. if 
 .J/cC, 13.- 
 
 At page 249. f?lrikc out the fifth paragrai)h. In the 
 sixth i»ar^raph, first line, after the word "oath," insert, 
 "in a(l«litioii to the (tath of olfice." 
 
 At j)<Jg' -•''^- After the last paragraph, insert: 
 A. A, IMS, XI, Ml. "They .>-hall furnish any information iv(piired by the 
 
 • Legislature exccj't what is eontained in the j)nvate ac- 
 
 counts of iiMlividnals. 
 A. A.,is52.xn.i5o. "They sliall not subscribe to any railroad or work of 
 internal im[)rovement either within or without the state, 
 without the permission of the Legislature." 
 
 A. A., 1861, xn, 883. At pagc 254. To the la.st paragraph, add: "Kor shall 
 any person pass or go within the quara ntine l imits while 
 
 ) 
 
 \ 
 
HI 
 
 the quarantine is in force, without a permit from the 
 Governor or Mayor of the city. And every person offend- 
 ing in the premises shall be liable to be indicted, and on 
 conviction fined in a sum not exceeding two thousand 
 dollars, and imprisoned not exceeding twelve months." 
 
 At pane 264. To the note, add: "Four' Holes may be *• ■*•• i'»e- v 
 made navigable by the inhabitants to Mcllard's lake." 
 
 At page 293. After the third paragraph, insert : 
 "It shall be the duty of the Governor from time to time 
 to examine, or cause to be examined by some proper 
 officer, the situation of the respective arsenals throughout 
 the state, and require security from the Arsenal Keepers, 
 and remove them for negligence, improper conduct, or 
 incapacity for performing the duties devolving on them as 
 such, and to appoint, in cases of removal, other persons to 
 supply the vacancies thereby created." 
 
 At pages 292, 293, and in Appendix, p. 534, strike out 
 the whole of Powder Receiver and Arsenal Keeper. It goes 
 into book V: Public Arins and Munitions of War. 
 
 At page 304. Insert, after second paragraph : 
 "All Railroad Companies shall be required to file in the 
 office of the Comptroller-General, by the first day of Octo- 
 ber in every year, a report of the situation and business 
 of the Company for the last twelve months, according to 
 the following schedule : 
 
 "ABSTRACT OF RAILROAD REPORT 
 
 Of the Company, for the year ending the first day 
 
 of October, one thousand eight hundred and . 
 
 Capital Stock subscribed, 
 
 L 
 
 Capital Stock paid in, 
 
 f 
 
 A A. 1R13. VIIT 522. 
 
 A. A . l*ifit, xni.if. 
 
74'? 
 
 96 
 
 
 Bonds guaranteed V)y the 
 state, 
 
 
 
 Fnndod Di-I^t not iruaran- 
 teed by the state, 
 
 • 
 
 
 Floating Dcht, 
 
 
 
 Total cost of Koad, 
 
 
 
 Length of Road construct- 
 ed, 
 
 
 
 Length of Branches, 
 
 
 
 Speed of Passenger trains. 
 
 
 1 
 
 Speed of Freight trains, 
 
 
 
 Gross Earnings, 
 
 
 
 Expenses, 
 
 
 
 Net Earnings, 
 
 
 
 Dividends, 
 
 
 
 Surplus, 
 
 
 
 Failures of Pass'ger trains 
 to make schedule time 
 at junctions and termini. 
 
 
 
 Persons injured. 
 
 
; 
 
 97 
 
 Persons killed, 
 
 
 Number of Pass'gers over 
 railroad in the year, 
 
 
 Future prospects of the 
 Road, and general re- 
 marks. 
 
 
 1» 
 
 President J" 
 
 At 'page 321. After second paragraph, insert : 
 
 "The City Council shall be authorized to prevent inter- a, a., imo. xt. si^r 
 ments within the corporate limits of the cit^^ without a Empowrr.-.! iopr.>.-nt 
 proper certificate of the disease of which the deceased 'i'i^i'te fn.,„ «i,.- rh.v»i- 
 died, and to pass all ordinances necessary to prevent the 
 same. 
 
 " They are further authorized and empowered to require n.. 
 Phvsicians and Coroners, under a penalty, to give such cer- to req«iio pi.vi.irmn.. 
 
 - , T 1 rt- 1 r otr. to Kivp Riirli r.rtifl- 
 
 tificates ; and to establish a more enectual system for thdated. and h i.(ri»tMii..n 
 
 " , of birflm. dKathn, *a4 
 
 registration of births, deaths, and marriages, withm thcniftrriage.. . 
 said city." 
 
 At 2Mge 337. After the first paragraph, insert: 
 "Inspectors of naval stores may be appointed by the 
 
 City Council of Charleston in such numbers, one or more, 
 
 as they may think fit." 
 
 A. A., ins XII. 744. 
 
 At page 368. After the last paragraph, insert: 
 
 "The presiding Judge on Circuit ahall send with his a. a.iw. xni,«5. 
 report to the Court of Appeals the notes of evidence taken /^'^'^''T"'T"^1T\'^ 
 
 r II Y^ JaitiTF Krinll n-na With Ijii 
 
 before him at the trial, or a certified 'copy of the same, if5Xri«c^rt''.rfAi!p«lto 
 required so to do by any party interested." 
 
 I 
 
 I 
 
At pn/jr 372. Insert " Attaoliment" between "Process" 
 and "Bail." and eorrtv-t tlie K'tters. 
 
 Af poffc 3T'>. After the first paragraph, insert: 
 A. D. 1097.8 and 9 w. " W: ;ictiiMi IS brouirlit asxalnst a i>ris(»nor, n <^pv 
 
 3. J la. II. 556. „ , . .,,,',,■ , , ... .,,. 
 
 .of the .U.,..,.ainn >hall l)C delivered to %|ie Mientt or 
 
 DfirUration to l»« d^ i v j i- 
 
 liTirid to i»ri»oiier8. T keeper of the ira<»l, with a rule to plead; and atrer dehvery 
 of ffnch copy and affidavit made of such delivery before 
 the Clerk of the ("ourt. the plaintiff' sliall be at liberty to 
 sign judcrnient in default of a jtlea." 
 
 At page 888. Fourth paragraph, fifth line, after tlua word 
 "duty," iiitjert: "including officers of the Lunatic Asy- 
 luiu." * 
 
 At pdfje 380. Fourth paragrapli, end of the second lii/e, 
 insert "affidavit,'" and strike out "ujton." 
 
 ■■# 
 
 At page oll2. .Mhr first parai^rapli. insert the following 
 foot note: 
 
 "These are the rules of practice in the action of eject- 
 ment. It was the intention of the Legislature in the A. A., 
 1791, V, 191, and A. A., 1791, VII, 27G, that the suitors in 
 Court should not lose the benefit of them by changing the 
 form of the action." 
 
 After second paragrai»h, strike out the note and transfer 
 to this place, third paragrajih of page 39o. 
 
 At page 39ii. After first paragrapli, insert: 
 A. u. 1605, 17 Car. ic. "Tlic dcatft of citlicr ])arty between verdict and judg- 
 '''^'^■^ ment shall not b<' alleged for error. Provided, i^udgment be 
 
 entered within two terms after verdict." 
 
 At page 39;'). Strike out thiril paragraph. 
 
 At page 398. Aftef second paragraph, transfer from page 
 405 to this place "Judicial fcsales, " and all that follows to 
 "Court of Sessions." ., -nw i v«rw w^ 
 
?57 
 
 At page 405. Transpose paragraphs 2 and 4, .so that 2 . 
 shall be 4, and 4 shall be 2, 
 
 After paragraph 2, transposed to be 4th, insert: 
 
 "Any prisoner in execution on civil process, by agree- a. a.. isis, rr, i. 
 ment with his creditor may be discharged from confine- I'n^.nor for d-w mar 
 
 , , . , '~ ^ (li«rliar(fo(l with liin 
 
 ment, without preiudice to the rights of the creditor. ^""'"'"'' *'""•"* P'''=j"" 
 
 , " dice. 
 
 according to the terms of the agreement." 
 
 In place of "Judicial Sales," and what follows, dow4i to 
 
 "Court of Sessions," insert: 
 
 "It shall not be lawful for anv Sherift' 'or Jailer to nut a. d. ifi«2. 22 and zi. 
 
 , , , ,. , ■ . . -5 . , * rar.2.c.2(i. n.62ft; A.A. 
 
 prisoners tor debt and relons or criminals m the same room i**39,xi.32. 
 or chamber, but they shall be kept separate and lodged in 
 different apartments. ^ 
 
 "Prisoners confined on bail process are entitled to a,.J MlJI^tiVsifl.^ ^' 
 copy of the declaration, and may compel the plaintift' to prunn^r to ii«ve copr 
 file his declaration within eight days after the arrest, and t'iff!.im\7pVtM^^^^^^^ 
 go to trial at the first term, or the prisoner shall be dis-rh'a"rynni''"!iriim..ni«ii". 
 charged upon common bail." 
 
 Af page 438. Second paragraph, fourth line, after "hus- 
 bands" strike out all that follows, and insert: "to admit, , f *■; Ip^yii. im: 
 
 _ 1S40. XI.llO J ..8. 
 
 guardians aJ liiem, to grant commissions of (ledimas potesla- 
 iem, to admit guardians to intants abroad, and to take the 
 answers of defendants who are absent, and grant com- 
 missions to take the examination of witnesses either in 
 the state or abroad." 
 
 At page 4.")8. Insert "IV, Court of Errors," between 
 second and third paragraphs, and strike it out where it 
 now is. 
 
 At page 454. After the sixth paragrajih, insert: 
 
 "The sum of two hundred dollars ])er annum for the a a.im*.vi.m«. 
 term of twenty years approjjriated for the increase of the 
 Library of the Court of Appeals in Cliarleston, under the 
 direction of the Judges of the said Court." 
 
 At page 455. In second paragraph, after " Apiieals," 
 insert "in Charleston." In first and second lines of next 
 
k. A.. 1R21. VI. 2o6. 
 
 paragrapli, strikeout "the" "annunr' "of the librarian," 
 insert "liis" in jtlace of "the" stricken out. 
 After third paracH'ajth, insert: 
 ii...««>. "The sum of two hundred dolhirs ai)propriated for salary 
 
 ot" F>i})rarTftn in Coluniltia." 
 
 At pages \(j^)-(}G. After the paragraplis under "Mode of 
 Appointment, " insert: 
 
 "Citations from tlie Ordinaries of C'liarleston and (George- 
 town shall be i>ublislied in a newspaper for three days prior 
 to the day for hearing the case; in the rest of the state 
 they shall he read in church as heretofore. 
 
 Transpose paragraphs 3, o, 6, so that 5 shall be 8, 6 shall 
 be 5, and 3 shall be (S. 
 
 At page 482. After the fifth paragraph, insert: 
 A. A.,is5T. xii.f.09. "The tenure of houses and lots on tSullivans island shall 
 be equivalent to that of a tenancy from year to year, deter- 
 minable at any time on the demand of the Governor, with 
 the ])rivilege on the jiart of the tenants of removing the 
 buildings, and of exercising and enjoying all the rights 
 which tenants for years are entitled to." 
 
 At page 487. After the second jiaragrajili, insert: 
 A. A. i7«e. V, J77. "By the joint consent of Trustees and the parties bene- 
 
 Tru8ieesma.vheB.ii.i.ti -ficially intercstcd, Trustees may be relieved and others ap- 
 i consent. pointed in their stead by an order of the Court of Equity. 
 
 And the persons so substituted shall, by the order of the 
 Court, without any deed, be vested with all the estate, 
 power, and authority of the jKM'sons to whom they are 
 substituted : J^rorided, that a certificate of such appoint- 
 ment or substitution be endorsed on the deed, or filed with 
 the original will, and recorded in the same office in which 
 Security t„ be giTfii. sucli dccd or will uuiy be recorded. Provided, also, that it 
 by the'"i5^rHrt'ict "of 'the shall be the duty of the Judge granting such order, except 
 vf-nt collusion. " HI tlic cascs hcreinatter specitied, to take good security in 
 
 an adequate amount, to be ap})roved by a Master of the 
 Court, for the faithful performance and discharge of the 
 duties ai)pcrtaining to such trust from the party so substi- 
 tuted. But in case of necessity, where the trust is vacant, 
 
% 7Si 
 
 101 
 
 or wliere the prior Trustee is removed for cause, such 
 security may be dispensed with by common consent." 
 
 "Trustees, executors, administrators, guardians, and Mas-, •* :J." l'^^^- ^"- '^2: 
 ters in Equity may invest trust funds in the stock issued 
 by the state, and sliall be protected in doing so: or in 
 bonds of the Confederate States." 
 
 Insert the followino; foot note at the end of third para- 
 grapli : 
 
 ■'■'■ The acts of 1857 and 1859, reducing the qua1iiicatit)n 
 of Jurors to the payment of any tax whatever, is omitted 
 for these reasons: It is a practice, not very uucommon, to 
 get names into the jury box out of favor, with a view to 
 the pay of jurymen. But trial by jury is not an invention 
 for giving wages to people out of employment. It is main- 
 tained as a great institution for the creation of an enlight- 
 ened public opinion. To convert it into an engine for the 
 benefit of the jurors would destroy its usefulness. Tlie 
 change, therefore, is inexpedient : but it may well be 
 doubted whether inexpediency is the most formidable ob- 
 jection to the scheme of regulating trial by jury for the 
 private benefit of those who take part in it. The constitu- 
 tion sanctions trial by jury as it has hHherio existed among us. 
 But it has always existed in conn^'ction with the qualifica- 
 tion of the jury; the jury were the tax payers of the 
 vicinage, and the pecuniary qualification was never lower 
 than sixty-three cents." 
 
 "To receive one cent for putting a name in the jury box, \ 
 
 or to receive any sum from one who is not a tax payer, as 
 the purcliase money of a seat on the jury, is an evasion of 
 the constitution : and all evasions are illegal. It required a 
 change of the organic law to admit unqualified voters; 
 why is it not equally necessary to legalize the admission of 
 unqualified jurors?" 
 
 At page 49'2. After the third paragraph, insert: 
 
 "Registration. 
 "All deeds of lands shall be recorded in the Registers, ,4*-,iJ«*- ^'i' ^^■ 
 ofiice of the district in which the land lies withiij the times ^„ ,,^, ,„ ^^ ^^ 
 following, that is to say: if the grantor be witliin the state '^"'''^• 
 the deed shall be recorded within six months ; if resident 
 
102 
 
 in any of the Confederate M;;t. >, within one 3'ear, and if 
 without the CoiileUcrate States, within two years of the 
 execution ; otlierwise pucIj (Iced sliall be void against Inma 
 Jide purchasers without notice, and that deed of land which 
 is fii-st recorded in tlie jn-oper office shall have priority. 
 n- ■■ \1' iiortgatres. and deeds of trust of neojroes, 
 
 shIc and mortc V : uu«>df', wi .u.nU'ls, sluill bc rccordcd iu the Serretarv of 
 
 take rank acroruuiK Iv '~- ' 
 
 the dat« of record. Statc's officc ill (/liaHcston or Columbia, and tliat deed that 
 ve« is first thus rcconiefl shall liave priority. Provided, never- 
 
 purrhasor iiavinp n.-theless, that au unrecorded jirior deed shall in no case be 
 
 tier of unr<frurdc<l .l-i-d, ^ , ^ i » i i •/• ^i ^ ^ ^i , • a' 
 
 bound. postponed to a reconlcd deed, it tlie iirantee, at the time or 
 
 paying his money, had notice of the prior deed. 
 A.A.. 1785, VII. iK. "No deed shall l»c admitted to record unless proved by 
 A'i«p««d tothei.K-seniji subscribiuir witiu'.'^s. or in case of the death or absence 
 
 gtalo of tlie law. '^ 
 
 Not to be rocord£-.n,.om thc sttite of all the subseribine; witnesses, by lu-oof of 
 
 witiiout proof. J* ' . I 
 
 the execution of the same by .such evidence as would be 
 admitted in a Court of Justice. 
 IK "In deeds of feoffment, inemoraiKlum of livery of seisin 
 
 Uet'dg of feoffiiiciit. iiii ■> i ii-iiii 
 
 sliali be proved and recorded with the deed. 
 xew. "All deeds of personal projierty shall be recorded in the 
 
 Deed* to i.e reoorded in Secretary of State's othce ill Charleston or Columbia, ac- 
 
 Coliinibiii or Charleston. ,. , ., ., . .,.. 
 
 accordins a.- iiie parlies cordiiiff to tlic rcsidencc ot tlic partics, and the situation 
 
 reside in flip Upjier •^t ^ , . , , 
 
 Lower Divieion. of tlic property : those, where the ]»arty resules, or the 
 
 property is in the Lower Division, shall be recorded in 
 
 Charleston, all others in Coliind)ia: by tlie party is meant 
 
 the j)erson who has the ostensible possession. 
 
 A. A., 1698. II. 138. " Tlic Register or Secretary who shall give an erroneous 
 
 Penalty on the uefciK- certificate to the party enquiring for incumbrances, eertify- 
 
 ter or .SecretlU-y priviuK .,,.*. 
 
 an erroiicoiu certiflcau-. mg that thcrc 18 uo salft, coiiyeyaiice, or mortgage ot any 
 particular jiarfcls of land, or of any particular negro, 
 goods, or chattels of any particular jierson, in their re- 
 spective offices, when, at the same time, there is such a 
 registry, sliall forieit and jiay to such person, who made 
 the enquiiy, such damages and costs as he may have sus- 
 tained by reason of such misinforraation. 
 A. A.. 1843. XI. 2.^6. "No verbal agreement between vendol' and vendee. 
 No verbal aRroement whcrc ])ossession accoiinianics the transfer of title, shall 
 
 between vendor and vcn- , i-i', . i ■ i T. 
 
 dee to prejudice hrmahuve aiiy Validity as to subsequent inircliasers or creditors 
 
 Jidf i)urclia«erH or crcdi- . 
 
 tors. Without nptice. 
 
 A. A.. 1S43. XI. 250. " No iiiortgagc of real estate shall be valid to affect the 
 tobeVe'l^^mied by'ii',e'i<e'^ rights of subscqueiit purchasers, or of creditors for val- 
 
 gister within Kixfy d»y». 
 
103 
 
 liable consideration without notice, unless recorded in the 
 office of the Register of Mesn* Conveyances in the dis- 
 trict wherein such real estate lies, within sixty days from 
 the execution thereof, 
 
 " No mortgage, or instrument in nature of a raDrtgage ib. 
 of personal property, shall be valid so as to affect the Morfp»Re». or perwn«i 
 rights of creditors, or subsequent purchasers for valuable in'Xp'spc'rVuVrofflce, 
 consideration without notice, unless the same be recorded*" 
 within sixty days from the execution thereof, in the office 
 of the Register of Mesne Conveyances for the district 
 wherein the mortgagor resides, if he resides within tlie 
 the state, and if he resides out of the state, then wliere 
 the mortgaged property is situate. And if the mortgair'Ml 
 property consists of negroes, the mortgage shall also Imj 
 rect)rded, within the same time, in the office of the Sec- 
 retary of iState. 
 
 " But a mortgage of personal property, properly record- ^^^ 
 ed in the Secretary's office in Charleston or Columbia, 
 needs not to be recorded in the Register's office in Charles- 
 ton or Richland. Mortgages to the Bank of the State are a.a. iMivm lt. 
 considered as on record from their date, and take rank as 
 if so recorded. 
 
 "MARRIAGE SETTLEMENTS. 
 
 "All marriage settlements shall be proved and recorded a. a., nnh. iv. kw-. 
 m tlie office oi the Secretary ot State in Charleston or2).'!. 
 Columbia, and also in the office of the Register of Mesne ah mamaep -ettip- 
 
 •^ nifiito within tbp i<U«« 
 
 Conveyances of the district in which the husband, at the«'> '* r.r..r.ied wituiu 
 
 •' _ ... tliri-f month*. 
 
 time of recording the same, may reside, within the periods 
 following, that is to say: if the marriage be celebrated 
 abroad, or beyond the limits of the state, within twelve 
 months; and if the marriage take place within the state, 
 within three calendar months after the date of the settle- 
 ment. And any settlement which shall fail to be executed 
 and recorded as aforesaid shall, as to creditors and f)07M 
 fide purchasers without notice, be absolutely null and 
 void. 
 
 "All marriage settlements shall specify the property a a. nw. vara, 
 settled, either l)y a full description in that jiart of tlie Hbnii ni^Hf,* th« rr»r- 
 deed which contains the parcels, or by a schedule annex- 
 ed to the deed at the time of execution, and signed by 
 

 1U4 
 
 the parties in the presence o<" attesting witnesses. Jiut it* 
 the property settled be the proper estate of the wife, the 
 
 settlement, ihouirh n i.rty be described in il 
 
 terms only, without ;i! ' dale, shall be jjood ;> -i 
 
 antecedent cre«lit<'rs of the husband. 
 jxvic. " In tile di-tri.-ts tif Kiehlaiid and Charleston, registra- 
 
 But in confomiitv with . - , • • \ o i* '■ • 
 
 tb* uw •» to inurtgaK»«. tlOll of tlic maiiiat^e settlement in the hecretnry of states 
 office shall be siitlicienl."' 
 
 .1^ pnqc oOl. Add to fourth sertion : "and the Sheritf 
 is empowered to levy and pay to the plaintitJ" the money 
 disbursed for rent as well aj* the contents of the execu- 
 
 ti<in."' 
 
 4 
 
 Af pagr 504. After the third jtaragraph, insert 
 
 lAil^hw!"^" ^ ^ w'" "I^i^tress shall also lie for the recovery of arrears of 
 i{..inin».r.iir»n.s 1.- i'»"''>t IVoni toiumts jiin- <nifrr r'„\ or for years, or at will, that 
 
 lino fur vi-nni, or : 
 iiiav I'p rwoTerwl 
 
 ,nu«f,.r.v..«n..or:.t u 11. jj^^j^ ovcr after the determination of their leases or estate : 
 
 tr««ii. 
 
 Protufcd, such distress be made within six calendar months 
 after the determination of the interest or authority of the 
 tenant, and durinu; the eontinuanec^ of the landlord's title 
 and the tenant's possession." 
 
 J ( iHUje 508. Under Debtor and Creditor : 
 
 A. r. 1791 1. 250. "The money of account shall be expressed i^i dollars or 
 
 A. A.. 17B5. V, ifij. . ,. , 1111 1-11 
 
 units, dimes or tenths, cents or hundredtlis, and nulls or 
 
 D«-ciniBl riiri>-iii y. . i ,• i 1 1 
 
 K..r v:..i,i ..,in:i«. M. 4|],f,y(^.i,)j^lif;; a (lime bciug tlic tcutli ot a dollar; a cent 
 
 Koi«ignHii%.T.„i.,..ji,., |],,. Imndredth ol' a dollar; a mill the thousaii<ltli i>art of a 
 
 F.-reiKnK<>>'i;ti>.7w>- jIjj]]^,. . j^jjj .jH i„)ljlie accouiits sluill bc kciit \\\ eonfomiitv 
 
 with this regulation; and all verdicts shall be worded in 
 
 <lollars an<l cents." 
 
 Same page, after ne.xt paragraph : 
 A.D. ]«2s. 21 jii 1... *'If a debtor die in execution leaving assets, the debt 
 shall not bo extin«ruished, but the creditor shall be paid in 
 in priH.m. .1.1.1 Himii not y coursc oi administration, and have tlie same remedies 
 
 l>c I'XtiiijtuislMMl SuliMO- - . . , 111 1 
 
 Muint HiiKs /„„,a ;!-/<■ f-r Qcraiust the cxccutor or administrator; but all sales made 
 
 imyiufiit of dcblH. not to f^ i. i • 
 
 be disturbed. after such judgment, bona fide, for the payment of h'.s 
 
 debts shall stand gootl, and the purchase money, if ms «le 
 payable to any creditor toward satisfaction of his debt, 
 shall not be disturbed." 
 
At parje 509. Strike out ♦^Judgments,"" and the para- 
 grapli that follows. rilk 
 
 At pcKje 514. After third paragraph^ insert : 
 
 "All protested bills shall carry interest from the day of Mi'^hnil^V^oxItunip.' 
 payment. ,.ri,nt. 
 
 "Damages on Foreign Bills of Exchange returned jjo- n.. 
 tested, if drawn on persons resident in the United Stswes, inii "'"''■" "" '""'"''" 
 shall be ten per cent. ; if drawn on persons resident in the 
 West Indies, twelve and a half per cent. ; and if drawn on 
 persons resident abroad in any other part of the world, 
 iifteen per cent., with all incidental charges. 
 
 "The jury shall have power to regulate the verdict ac- '!■ 
 cording to the true ditierence of exchange." 
 
 At pa<)c 519. Second paragraph, insert the following 
 foot note: 
 
 " It is unnecessary to make any difference between men 
 and women in the law of alienage, for the purpose of 
 advancing the intci-est of widows, because, if it be desired, 
 the wife, with the husband's consent, may be naturalized. '' ' 
 
 Neither is such a change prompted by expediency, for 
 there are no motives of policy to encourage foreign mar- 
 riages. It is sufficient that they are not discourage*!. 
 Neither does justice require it. The husband takes an 
 interest in the goods of an alien wife, but not in her land, 
 so that the parties are so far equal : but the change gives 
 to the wife an advantiige, without a corresponding benefit 
 to tlie husband. Nor is it a change for the better: for 
 apart from such a change, the law of South Carolina is 
 liberal even to extravagance in favor of the wife, in the 
 distribution of her husltand's estate. In that distribution 
 slie t^akes a part out of all ])roportion to her relative situa- 
 tion in the family. When there are children of a former 
 marriage, the provision made for her ftlaces them far in 
 the background, and when there are no children, her ad- 
 vantage over her hunband's kin is exorbitant. This dis- 
 Voportion would be still more glaring in the case of a 
 ^ow, who.Hc connections and cKtate belong to a foreign 
 
 ^try. lie^ides, while the distinction between natives 
 ^ien.«* gives men so many advant^jges, it is neither 
 
 I 
 
7^ 
 
 106 
 
 complimcntarv nor just to oiir comitrywomen to put na- 
 tive and foreign women on the fianic footing. Besides, it 
 should not be loi'rotten tliat tliis innovation in behalf of 
 alien widows is at the expense of the kindred of the de- 
 ceased ; and it i« ii->t the part of wisdiMU to treat with 
 levity ( . e the claims of kindred, which are the 
 
 bonid oi tiic Liunlv union and the source of puldic and 
 private virtue. 
 
 ,?te These reasons ]jave determined the omission from this 
 compilation of the Act of ISOO, that the Letfislature may 
 have the opportunity of reconsidering the subject Ixf'.no 
 tlie novelty becomes a settled feature of the law." 
 Strike out the third i)aragraph, and insert: 
 A. A. i-jt. vi.:irt3. " Xo lands of which a citizen may die seized shall 
 escheat for want of heirs, if the deceased shall leave a 
 widow a resident of this state, although not a naturalized 
 citizen; but such widow may take by devise or in default 
 of heirs." 
 
 At po(/e !j2l. Second line, afici- "i^sne," insert: '■*<»fthe 
 marriage." 
 
 Af page 524. After first paragraph, insert : 
 h. V. i!; 79." ' "'^''" " After judgment by or in the name of an executor or 
 "AiiiiiiniH'tra'i..i ./- /..-»ij administrator, a smre facias or action of debt on sucli judgr 
 
 Will liinv liliiiiilHiii Kri'/Y , ..,, ^ . . II- '• 
 
 /./rirt#or«<ii(.iiorii.-i.ii.ii iMi'iit may he maintnmi'd i.\ ;iii ■Ai\\\\\\i\>\\-.i\i>\' fir fnihis )ii))i. 
 
 jinlpiK'iil by ••x^MMilni . 
 
 At jHi(/( FrlH. Alici- fouilh paiagrai»h, insert: 
 A A. iMi;« xi.Mio "A guardian, trustee, cxeeutor, or administrator, dying 
 
 Kiiii r..mmii.«i..ii- iii- aft^' ha\ing settled the estate except as^^to i)aying over 
 .u. iiMH.i.Mi.. ■iiii.nl imy the Icgacy, distributive share, or balance in hand, and 
 tivc- .1..- t(yt wiiiimi being ready so to do, shall liave credit, in tlic settlemeirt 
 ^ of his account, lor the commission allowed on paying over 
 
 as well as receiving: Provided, that the payment be made 
 by his rejircseiitative, without suit, to the ward, legatee, or 
 distributee, and not to a successor in the trust or admin- 
 istration." 
 
 At page 530. After the first paragrapli, insert: / 
 
 A.u. iy;]u. 4 K.i.».i-. 7, "For trespasses committed against the property ofi,-^ 
 A.i"i'..i) will ii.> at Hi.it deceased in his lifetime, an action will lie at the suit ^* ' 
 
 of exi'CUl'irf fur lr*"<|i:u<8 , . . . , , / 
 
 t..i.r..piH.VMf.i,.,oa«..i in executors or administrators against the wrong aoc'^ 
 
 lii-lifclinif. ° ° 
 
 \ 
 
 i 
 
■v^ 
 
 7 
 
 107 
 
 After the fifth clause, insert: 
 
 "In the administration of the assets here of a deccasec} a.a.. wss, t, »«. 
 person, not a citizen or resident of this state, citizens of t« re'IIu'wuh ".o^h inlilr 
 
 ,1 • , . 1 T, 1 • 1 i'iiiii •! a'IminiBtration of the »» 
 
 this state who are creditors hy simple contract shall be paidM-tnof a«tran!{'-.. 
 in equal degree with bond creditors." 
 
 Militia Law. — At page 1. Strike out first line. Second 
 lii>e, for "Chapter " read " Chapter III." 
 
 At jmcje 2. Strike out "XIV — Protection against suits;" 
 change "XV" into "XIV," and make similar change at 
 page 66. m 
 
 At jjagc 3. Strike out "A. A., 1857, XII; 1859, XII,'* 
 in the margin. Insert in margin aftx^r "277," opposite to 
 the thirteenth line, "1857, XH, 616; 1859, XII, 772." ) 
 
 At ]jage 33. Strike out "lb." in the margin, and insert 
 in place thereof, "A. A., 1841, XI, 192.'' 
 
 At pagc^l. Strike out "lb." in the margin, and insert 
 in place thereof, "A. A., 1841, XI, 204." 
 
 At page r)9. Strike out ''protest," in first line of last 
 paragraph, and insert " process." 
 
 Note. — So mucli of the Act of 1859 as requires the Slierift' 
 to pay over to his successor the money belonging to suitors^ 
 in bis hands is omitted, because it is injurious to the interests ^ 
 of suitors. They are protected by the bond of the Slieriff 
 who received the money, and are entitled to a rule against 
 bim at any time within two years. It is as much tlie duty 
 of the Sheriff to ]tay to the suitor after as before the termi- 
 nation of liis office. It will be a specious cause of evasion 
 to ]iut off the suitor by pretending that lie must settle with 
 lis successor. The scheme is fiuindod on a total misron- 
 ception of the nature of the Shcriirs offi'-c. He is not a 
 epository of unclaimed funds, to keep them for minors or / 
 sons not su) jurif, or lay them out upon proper security, 
 a Master in Chancery. In the collection of mone}- his 
 •^.merely ministerial: like any other agent, his daty 
 
 / 
 
 r 
 
 V 
 
108 
 
 is to his principal, and nothing can be more unjust to a 
 principal than to transfer his money from one hand to 
 another instead of paying it to him directly. 
 
 " Tjife rest of the Act is a transcript from the Act of 
 1839, and is. found in this compilation at page 142." 
 
 At 'page b^"^. Before "Debtor and Creditor," insert: 
 "Principal and Aglixt. 
 
 A. A., 1838, VI, 359. " No pcrsou making any payment or doing any act in 
 
 Act of Attorney pood, pursuance of any power of attorney, or otlier authority, 
 
 or power revoked, in fK- sliall bc Hablc for thc moucy so paid or the act so done, bx- 
 
 yor of nionov bona fide. it o 
 
 paid, bract bmia fide fcason that tlic pcrsou who gave the power oi attorney or 
 
 authority was dead at the time of such payment or act, or 
 
 ^^^v had doiie some act to avoid the power: Provided^ Tliat 
 
 such act or payment was bona jkle done without knowledge 
 
 uiKiit i.f tiis principal or uoticc of sucli death or revocation. And the risrht of the 
 
 against tlu' agent not ini- "^ 
 
 i'»'.j^d- . party entitled to the money against the person receiving, 
 
 ^hall be the same as if his authority had not been revoked.* 
 
 lb. " If any note or bill, whether filled up before or after the 
 
 Notpne-oiiaicdbv par- signature or endorsement thereof, be negotiated or passed 
 
 orendo'i^sersotodo.'uftfraway, aftcr tlic dcath of the drawer or endorser, by an 
 
 his dcatli. binding if '">"« i, ,, . -, . ^ '■>•,• ,' . •> i 
 
 /r/,. wifiiout notice of his agent duly authorized in his litetime so to do, the same 
 shall be as valid on behalf of the person receiving it hoDu 
 fide and without knowledge of the fact, as if the transfer 
 had been made before the death of such drawer or en- 
 dorser. 
 11... '■'■Provided, That the act of the agent be done witliin nine 
 
 Op'.ration of the act n i • . . , , , 
 
 itcd to nine months niouths ot thc death ot his principal. 
 
 r decease of princiiial- ^ '■ 
 
 And in the Index to Book II, after "Attachment — F(»r- 
 eign," insert: 
 
 "Attorney, acts of, after death of principal. 
 See Principal and Agent." 
 
 And after "President and Directors of the Bank of the/ 
 
 \- State," insert: 
 
 \i 
 
 \ » See 22 and 23 Vic, c. 35, g 26 (1859), which, by the aflSnity of its p'ovisio'' 
 
 \hh. ■ the above, show that the ca^se really called for legislation. Our statute K'^ ' 
 
 Mill 
 
 .^•^^'^^ the late Thomas S. Grimke. 
 
 of exec* 
 
 to prope 
 lii.< lifetiT 
 
 i 
 
 .^