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Full text of "The statutes at large of South Carolina"

TTie 
University of South Carolina 




Coleman Karesh 
Lawlibiaiy 



JUN 2 I 2000 
LAW LIBRARY 



Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



http://www.archive.org/details/statutesatlargeo10edit 



I. 



^. i 



THE 



STATUTES AT LARGE 



OP 



SOtJTH CAROfillVA: 



EDITED, UNDER AUTHORITY OF THE LEGISLATURE, 



DAVID J. McCORD. 



— QjQ!^- 



VOLUME THE TENTH, 
CONTAINING THE G E N E R A L I N D E Xi 

ALSO 

A LIST or ALL THE ACTS OF ASSEMBLY. 



COLUMBIA, S. C. 
PRINTED BY A. S. JOHNSTON. 

1841. 



NOTICE. 

After the printing of the 9th volume, and so much of the General Index 
as relates to Banks, where it is stated that the "Bank Act''' of 1712, 
could not be found, Edmund Bellenger, Jr. Esq., had the kindness to com- 
municate to me where a copy of that Act could be procured, in the Library 
of the Legislature of this State, in a M. S. copy of the " Temporary Laws" 
of the State. 1 am, also, further indebted to Mr. Bellenger for "An 
account of the rise and progress of the Paper Bills of Credit in South Caro- 
lina, from the year 1700," &c. By whom it was drawn up I cannot say, 
but as it is found in " Indian Book, No. 9," a M. S. volume in the Li- 
brary of the Legislature, belonging, I presume, to the Secretary of State's 
office, I cannot doubt but that it is an official document, prepared by pub- 
lie authority in 1739. I should not think that I had performed my duty 
to the Public, if I did not embrace this " Account" with the " Bank Act 
of 1712," in this publication. I have therefore placed them at the end 
of the 9th volume. 

DAVID J. McCORD. 



GENERAL INDEX. 



ABATEMENT. 

Death of either party between the ver- 
dict and judgment. 2 vol. 520 X^ 

No suit to abate by death of the party 
after interlocutory judgment, if such ac- 
tion might originally be prosecuted or de^ 
fended by the executor or administrator of 
the party dying. 7 vol. 193 

The plaintiff, and if he be dead, after 
such interlocutory judgment, his execu- 
tors or administrators, may have a scire 
facias against the defendant, if living, or 
if he be dead, then against his executors 
or administrators, to shew cause why 
damages in such action should not be as- 
sessed and recovered by him or them. 
And if sufficient cause be not shown , to 
arrest the final judgment, or being return- 
ed warned, or upon two writs of scire facias 
it be returned that the defendant, his ex- 
ecutors or administrators, had nothing 
whereby to be summoned, or could not be 
found in the Province, shall make default, 
a writ of enquiry of damages shall be 
awarded, and judgment final for plaintiff. 
7 vol. 193 

If there be two or more plaintiffs or 
defendants, and one or more of them shall 
die, if the cause of such action shall sur- 
vive to the surviving plaintiff or plaintiffs, 
or against such surviving defendant or de- 
fendants, the action shall not be abated, 
but such death being suggested on the 
record, the action shall proceed at the suit 
of the survivors. 7 vol. 193 

Action in the county court sha;ll not 
abate in case of the death of a party, after 
interlocutory judgment, if the same might 
originally be prosecuted by the legal rep- 
resentative of the deceased ; but the ex- 
ecutor or administrator may proceed by 
scire facias against the defendant, to shew 
VOL. X.— 1. 



cause why damages should not be aasessa 
ed ; and if no cause be shewn to the return, 
a writ of enquiry to be executed. 7 voh 
231 

If several parties, and one die, if the 
right survives, the case shall not abate. 7* 
vol. 232 



ABBEVILLE COUNTY. 

Created in 1785. 4 vol. 661 

The Sheriff of, to advertise all Sheriff 
sales in the newspaper published at the 
Court House. 6 vol. 463 



ABBEVILLE VILLAGE. 

Incorporated, and how to be governed. 
6 vol. 465 

Qualification of Infendant and War- 
dens, and how and when to be elected,- 
and by whom. 6 vol. 465 

Oath of Intendant and wardens, and 
term of service. 6 vol.465 

Vacancies, how to be filled. 6 vol. 465 

Meetings and powers and duties of the 
Council. 6 vol. 465, 467 

Offences, how to be punished. 6 vol. 466 

Limits of the town. 6 vol. 467 

Re-incorporated. 8 vol. 893 



ABDUCTION. 

Whoever shall hereafter be convicted 
of the forcible and fraudulent abduction, 
or assisting in the forcible or fraudulent 
abduction, of any free person of color liv- 
ing in this State, with intent to deprive 
him or her of his or her liberty, shall be 
fined not less than $1000, and be impris- 
oned for not less than twelve months. & 
vol. 574 

And whoever, in addition to such ab- 
duction, shall a<;tually sell, or assist iii- 



ABSENTEES. 



sellinff, or canse to be sold, such person as 
a slave, shall, on being duly convicted 
thereof, in addition to such fine and im- 
prisonment, receive thirty-nine lath s on 
the hare back. 6 vol. 574 



ABRAHAM. 
A black man, bought by 
set free. 5 vol. 481 



the State and 



ABJURATION. 
See Allegiance. Oaths. 



ABSENT DEBTOR. 
See Attachment. 



ABSENCE FROM THE STATE. 
See Public Officers. 



ABSENTEES FROM THE STATE. 

Allowed seven years to bring suit for 
lands after the accrual of the right. 2 vol. 
584 

And in action of trespass, detinue, 
trover, replevin, account, debt, coven- 
ant, assault and battery, imprisonment, 
slander, four years after the accrual. 2 
vol. 585 

Minors allowed three years after com- 
ing of age. 2 vol. 584 



ACADEMY OF FINE ARTS. 
Exempt from taxation. 6 vol. 480 

ACCADIANS. 

One fifth of them to be settled in Char- 
leston, and the rest in other parishes. 4 
vol. 31 

Prohibited from fire arms. 4 vol. 34 



ACCEPTANCE. 
3ee Bills of Exchange and Promissory 

Notes. 

ACCESSARIES. 
See Felonies. Murder. 
Buyers of stolen goods reputed accessa- 
ries to felony. 2 vol. 532 



ACCOMPTANTS. 

A remedy against. 2 vol. 418 

See note' 2 vol. 716 

The masters remedy against their ser- 
vants and other accomptants. 2 vol. 420 

In what cases auditors may commit ac- 
comptants. 2 vol. 420 



Accomptant's relief. 2 vol. 420 
Exigent against an accomptant. 2 voL 
421 

Escape of an accomptant. 2 vol. 421 



ACCOUNT. 

See Public Accounts. Action of Ac- 
count. 

Persons holding slaves, cattle, &c. not 
their own, to make a return of the same 
to a justice of the peace. (1783.) 4 vol. 
.539 

Limitation of time for making a return, 
and penalty on neglect. 4 vol. 539 

This Act to be read before militia com- 
panies. 4 vol. 540 

Persons possessed of slaves not their 
property, shall send them to the warden of 
the Work-house in Charleston. (1784.) 4 
vol. 586 

Who shall immediately advertise them, 
and if not claimed in twelve months, 
shall sell the same. 4 vol. 586 

Overplus to be paid into the public 
treasury. 4 vol. 586 

Said slaves may be let out to hire. 4 
vol. 587 

Treasury Indents to be received in pay- 
ment. 4 vol. 587 

. How owners may prove property. 4 vol. 
587 

Owners to receive the sum for which 
their property sold, on producing a certifi- 
cate at the treasury. 4 vol. 587 



ACTIONS. 
May be maintained within this State 
by persons appointed by the United States. 
4 vol. 667 

ACTION OF ACCOUNT. 

May be brought against executors of 
guardian, bailiff, dfc. Auditors to exam- 
ine the parties on oath. 2 vol. 438 

Four years after cause of action allow- 
ed to bring suit, and five years if feme 
covert, or imprisomed, or beyond seas. 2 
vol. 585, 586 



ACTIONS UPON THE CASE. 

What process shall be awarded in ac- 
tions upon the case sued in the King's 
Bench and Common Pleas. 2 vol. 456 

Four years allowed to bring suit after 
cause of action. 2 vol. 585 



ACTS OF ASSEMBLY. 



ACTS OF ASSEMBLY. 

That establishing the Constitution of 
1778, 1 vol. 137. 

Account of the earliest to be found. 2 
vol. 38. 

Why sometimes double dated, note. 2 
vol. 84. 

The permanent Acts were originally 
copied together in one book. vol. 8, 223. 

No Actof Assembly that nowstandeth, 
or hereafter shall stand, repealed by any 
other Act, shall be revived by the repeal- 
ing such repealing Act, except revived by 
the express words of some other Act, and 
declared to be of force. 2 vol. 605. 

Repealed bv 26th. Section of the Quit 
Rent Act. 3 Vol. 302 

How repealed. 2 vol. 605. 

Their original numbering stops in 1719. 

3 vol. 97. 

Paid in 1722, for engrossing three Acts, 
je30. 3 vol. 188. 

None for the years 1728, 9 and 30. 3 
vol. 273. 

Repealing Act, repealed, not to revive 
the Act repealed. Former Act (vol. 2, 
605.) repealed. 3 vol. 302. 

To be distributed to each representa- 
tive and magistrate. 4 vol. 454. 

Certain Acts made perpetual [1783] so 
far as they are not contrary to the Con- 
stitution or form of Government establish- 
ed in 1783, until repealed or altered by 
the Legislature. 4 vol. 542. 

All fines and penalties inflicted by such 
Acts, when recovered to be paid into the 
public treasury ; and all powers given to 
officers, transferred to those appointed un- 
der the new form of Government. 4 vol. 
542. 

Necessity of a revisal. Digest and pub- 
lication of the Laws, [1785.] 4 vol. 659. 

Three commissioners to form a Digest 
of the Laws of the State. Their powers. 

4 vol. 659. 

The Laws to be arranged and laid be- 
fore the General Assembly within two 
years. 4 vol. 659. 

Compensation to commissioners. 4 vol. 
659. 

Vacancies to be filled by remaining 
commissioners. 4 vol. 659. 

The Clerks of each district shall send 
by express to the Treasurer of Columbia 



or Charleston for the Acts, for distribu- 
tion at his office, and shal*i pay the express 
$3 for every 40 miles going and return- 
ing. 5 vol. 633. 

State Printer to have them ready by 
15th February, every year, and the Clerk 
to send every year and have them ready 
for distribution by the 10th March. 5 vol. 
633, 659. 

Additional number to be printed. 6 vol. 
25. 

Treasurer of the Upper Division, as 
soon as they are printed, to employ ex- 
presses and transmit to the Clerks of the 
Courts of the respective districts, the num- 
ber of copies to which they are respective- 
ly entitled. 6 vol. 25. 

Express to receive at the rate of $3 per 
day going and returning. 6 vol. 26 

The Printer, after the adjournment of 
the Legislature of each session, to print 
two thousand copies of the Acts and Res- 
olutions, passed at such session, and to 
deposite them, on or before the 20th Feb- 
ruary, next succeeding, in the office of 
the Treasurer of the Upper Division ; of 
which the Treasurer shall keep one hun- 
dred copies, subject to the order of the 
Governor, for the purpose of interchanging 
with other States ; and the Treasurer shall 
deposite 150 in the Legislative Library, 
and shall transmit, at the earliest period, 
to the Clerks of the Courts for the several 
districts and parishes, the copies then re- 
maining in his hands. 6 vol. 506. 

The number of Acts each district is en- 
titled to. 6 vol. 507. 

The persons employed to transmit the 
Acts, to receive, as a compensation for 
their services, $3 per day for every 40 
miles they may travel going to and re- 
turning from the town of Columbia. 6 
vol. 507. 

The Clerks of the Courts, after supply- 
ing all such persons as by law are entitled 
to receive copies of the Acts and Resolu- 
tions, shall sell the copies remaining in 
their hands, at fifty cunts per copy, and 
pay into the treasury such amounts as they 
may severally receive by such sales. 6 
vol. 507 



ACTS MADE PERPETUAL. 

Nos. 88, 135,164, 165,111. 2 vol. 
598 



4 



ACTS REPEALED. 



In 1783. 4 vol. 540 

All fines &c. under such Acts, to be 
paid into the public treasury. 4 vol. 542 

Duties transferred to officers under new 
Government. 4 vol. 54*2 



ACT OF INDEMNITY. 

In favor of Governor Craven and others 
during Yamisee war. 2 vol. 623 

In favor of John Thomas and Ezekiel 
Polk, in selling the property of Richard 
Pearis, a tory, which they sold in a hurry. 
[1778.] 4 vol. 425 

No prosecution brought by Pearis or 
any other person, for recovery of property 
sold, shall be allowed. 4 vol. 425 

Titles made good to purchasers, &c, 
4 vol. 425 

Payment on bonds, &c. to be demanded, 
4 vol. 425 



ACTS REPEALED. 

Nos. 167, 176. 2 vol. 165. 

Nos. 140, 163, 174. 2 vol. 176. 

No. 181. 2 vol. 215. 

No. 158, 222, 225, 241, 248. 2 
vol. 281. 

No. 177. 2 vol. 299. 

The Lords Proprietors repeal of the 
several Acts within mentioned. Nos. 
373, 357, 372, 360, 367, 384. 3 vol. 
30. 

This Act paved the way to the revolu- 
tion against the Proprietors of 1719. 
(Note.) 3 vol. 31. 

No. 375, and paragraph 5 of No. 317. 
3 vol. 85. 

Nos. 259, 394, 395. 3 vol. 103. 

No. 119, 151, 193, 194, 239, 240, 292, 
317, 180, 228, 318, mentioned in Trott, 
5l9. 3 vol. 286. 



ACTS REVIVED AND CONTINUED. 

Act for the suppressing of idle, drunk- 
en and swearing persons. 2 vol. 13. 

For the observation of the Lord's day. 
2 vol. 13. 

To prevent runaways. 2 vol. 13. 

For damage of protested bills of ex- 
change. 2 vol. 13. 

For servants arriving without inden- 
tures or contracts. 2 vol. 13. 

For preventing taking away boats and 
canoes. 2 vol. 13. 

Several Acts revived. 2 vol. 94. 



For entry of vessels. Trial of small 
and mean causes. Making of sufficient 
fences. 2 vol. 117. 

For better .securing payment of debts, 
&c. For putting in force Habeas Cor- 
pus Act. For keeping and preserving 
registries. For better settlement of this 
Province. 2 vol. 118. (See note, 136.) 

Nos. 66, 100, 67, 93, 74, 87, 88, 107, 
HI. 2 vol. 117. 

No. 94, continued for two years. 2 
vol. 126. 

To ascertain the guage of barrels. 2 
vol. 125. 

Trial of small and mean cause. Des- 
troying of unmarked cattle. To prevent 
mariners and seamen running in debt. 
2 vol. 138, 139. 

Registering of births, marriages, &c. 
Settling of pilotage continued. 2 vol. 
139. 

Nos. 135, 136, 164, 165, continued 
for 12 months. 2 vol. 186. 

Nos. 129, 112, 121, 130, continued. 
2 vol. 156. 

Nos. 149, 166, continued for two 
years. 2 vol. 162. 

Nos. 88, 135, 136, 164, 165,184, 188, 

209, 237. 2 vol. 299. 

Nos. 88, 135, 136, 164, 16.5, 184, 188, 
210 ; and for raising a public store of pow- 
der ; and erecting a general post office, 
(1707.) 2 vol. 332. 

Act relating to slaves, and to untanned 
leather, and Nos. 267, 270, 278, con- 
tinued for one year. 2 vol. 350. 

Nos. 86, 135, 136, 164, 165, 188, 191, 

210, continued for two years. 2 vol. 
262. 

Act concerning leather ; public store of" 
powder ; the post office. No. 270, 278, 
281, 282, 285, also revived. 2 vol. 262. 

For various Acts, see 2 vol. 604. 

Several Acts revived. 2 vol. 618. 

Nos. 175, 183, 129, 130, 166, for va- 
rious periods. 2 vol. 191. 

Nos. 135, 136, 137, 164, 165, 184, 
187, revived, 2 vol. 214. 

Continued and revived for six months, 
Nos. 88, 135, 136, 164, 165, 166 ; of 
March, 1701, relating to the current 
coin ; of same date, concerning runa- 
ways ; of same date, relating to weights 
and measures ; for the better settling of 
pilotage, September, 1702 ; of May, 1703, 
concerning militia; of same date, rais- 



ACTS REVIVED AND CONTINUED. 



ing public store of powder; of 1703, to 
erect a general post office ; of same date, 
for taking up end killing unmarked cat- 
tle ; to prevent the sale of leather not 
well tanned. 2 vol. 279. 

Two Acts regulating the Indian trade, 
cohtinued, one and two years. 3 vol. 
21. 

Nos. 30.5, 340, 341, 349, revived and 
continued for 2 years. 3 vol. 84. 

Nos. 213, 317, 349, 361, for two years. 
No. 399, for one year. 3 vol. 103. 

Nos. 30.5, 342, 349, 392, continued 
for two years. 3 vol. 117. 

Nos. '188,294, 341, 371, 399, 409, 
continued for three months. 3 vol. 121. 

Nos. 118,211,294, 361, 370,399,409, 
continued for three months. 3 vol. 
122. 

Acts relating to a store of powder ; for 
completing the church in Charleston ; 
and in relation to fees; continued for one 
year. 3 vol. 221. 

Certain Acts revived and continued for 
one year. 3 vol. 250. 

The militia Act of 1721. Indian trade, 
1725. An Act for imposing duties, 1722. 
To erect an armory in Charleston, 1725. 
3 vol. 270. 

Several temporary Acts revived and 
continued for one year. 3 vol. 326. 

Certain temporary Acts revived and 
continued for one year. 3 vol. 373. 

Certain temporary Acts revived and 
continued for three years. 3 vol. 587. 

Several temporary Acts to be continu- 
ed and revived for five years. 3 vol. 
646. 

Several temporary laws revived 
continued for five years. 3 vol. 670 

Several temporary Acts revived 
continued for seven years. 3 vol. 705. 

Several temporary Acts revived and 
continued for seven years. 3 vol. 752. 

Several temporary Acts, for six years, 
3 vol. 775. 

Certain temporary Acts continued for 
one year. 4 vol. 472. 

Certain temporary Acts revived and 
contmued, (1782.) 4 vol. 509. 



and 



and 



ADJOURNMENT. 
See House of Commons. 
The clerks of the courts may adjourn 



the court de die in diem, until the Judge 
comes, during the term. 7 vol. 204. 
And till the next term. 7 vol. 204. 



ADMINISTRATION. 

See Executors and Administrators. 

Probates of wills and administrations, 
2 vol. 437. 

Bona notabilia. 2 vol. 438. 

Actions of account may be brought 
against executors of guardian, bailiff, 
&c. Auditors to examine the parties on 
oath. 2 vol. 438. 

Fraud practised in taking of adminis- 
trations to deceive others of their lawful 
debts. 2 vol. 506. 

By fraudulent administration of intes- 
tates goods, the party shall be charged as 
executor of his own wrong, vol. 2, 507. 

Allowance of just debts, and other law- 
ful payments. 2 vol. 507. 

Where wills cannot be found, ordina* 
ries may grant letters of administration, 
on party swearing that he believes will 
to be lost, &.C. until the will be found, 
(1778.) 4 vol. 429. 

How affidavit of the loss to be taken. 
4 vol, 429. 



ADMINISTRATORS. 

See Executors and Administrators. 
Wills. 

All ordinaries who have power to grant 
administrations, have power to take bond. 
2 vol. 523, 

Condition of bonds. 2 vol. 523. 

Ordinaries have power to call adminis- 
trators to account, and make distribution 
among wife and children. 2 vol. 523, 

How, and to whom, the surplusage is to 
be distributed. 2 vol. 524. 

Advancement, by portion. 2 vol. 524. 

Heir at law to have an equal part. 2 
vol. 524. 

If no wife, then to be distributed 
amongst children, 2 vol, 524, 

No distribution till after one year. If 
debts afterwards appear, then all to re- 
fund proportionably, 2 vol. 524. 

This Act not to extend to administra- 
tion cum testamento annexo. 2 vol. 525. 



ADMINISTRATOR DE BONIS NON. 
See Executor and Administrator. 



ADxMIRALTY. 



ADMIRAL. 

See Admiralty. 



ADMIRALTY. 

With what things the admiral and his 
deputy shall meddle. 2 vol. 446. 

In what places the admiral's jurisdic- 
tion doth lie. 2 vol. 446. 

Inconveniencies of the trial of piracy 
after the course of civil law. 2 vol. 435. 

Before what persons offences commit- 
ted upon the sea, shall be heard and de- 
termined. 2 vol. 465. 

This power vested in Congress of the 
United States. (Note,) 2 vol. 465. 

By what jurors the same olicnces shall 
be enquired of. 2 vol. 466. 

Trial, judgment and forfeiture of of- 
fenders in piracy. 2 vol. 466. 

Clergy not allowed to pirates, 2 vol. 
466. 

Things taken upon the sea by neces- 
sity. 2 vol. 466. 

The commissioners' authority and 
jurisdiction. 2 vol. 470. 

Punishment of oflenders. 2 vol. 470. 

Taking of things upon necessity that 
may be spared, and paying for them. 2 
vol. 471. 

See note. 2 vol. 717. 

No process to be issued against any 
commander of a vessel for mariners' wa- 
ges, unless affidavit be made that the 
debt exceeds 20s. sterling. 3 vol. 422. 

For sums under that, to be tried before 
justice of the peace. 3 vol. 422. 

To have jurisdiction of all prizes taken 
from Great Britain or her Colonies. 4 
vol. 348. 

Jurisdiction over prizes, and trial by 
jury. 4 vol. 379. 



ADVANCEMENT. 
By portion. 2 vol. 524. 



ADVERTISEMENT. 

See Taxes and Tax Collectors. 



iETNA FIRE ENGINE COMPANY. 

Its members exempt from serving as 
grand or petit jurors in Charleston. 6 
vol. 43S. 

Acts repealed. 6 vol. 490. 



AGENTS. 
See Factors. Principal and Agent* 
Attorney. 



AGENT, [INDIAN.] 
See Indian Trade. 



AGENT, [PUBLIC] 

Peregrine Fury continued in Great 
Britain. 6 vol. 616. 

Committee to correspond with him. 6 
vol. 616. 

Abel Kethelby appointed agent to soli- 
cit the affairs of this Province in Eng- 
land. 2 vol. 600. 

Duty of agent. 2 vol. 601. 

Instructions to agent. 2 vol. 601. 

Commissioners appointed to execute 
this Act. 2 vol. 60 L. 

To send instructions. 2 vol. 601. 

Pay of agent to be increased on cer- 
tain conditions. 2 vol. 601. 

When a certain Act of Parliament has 
been obtained for free exportation of rice* 
agent of the Province in England to re- 
ceive £500. 2 vol. 601. 

Abel Kettleby appointed agent ; com- 
missioners of correspondence ; provision 
in case of death ; salary of agent £200^ 
currency. 2 vol. 621, 622. 

To solicit the affairs of the Province 
in England ; Francis Yonge and John 
Loyd appointed ; committee of correspon- 
dence ; £3,100 to be advanced to the 
agents ; when to return. 3 vol. 146, 
147. 

Arthur Middleton, Ralph Izard, Rich. 
ard x\llein, Wm. Blakeway, Thomas 
Hepworth, Charles Hill, Andrew Allen, 
Richard Beresford and John Barnwell, 
the committee. 3 vol. 147, 157. 

To solicit the affairs of the Colony in 
England. Francis Yonge appointed agent. 
His duty. Committee of correspondence 
appointed. Agent's salary £200 sterling. 
Clerk to be appointed. In force for one 
year. 3 vol. 251, 252. 

Samuel Wragg appointed to solicit the 
affairs of the Province in England. Com- 
mittee of correspondence. Expenses. 
Clerk. To continue one year. 3 vol. 
266. 

Francis Yonge appointed agent in 
Great Britain. L>uty. Committee of cor- 
respondence. Disbursements of agent. 
Clerk. 3 vol. 267, 268. 



AGRICULTURAL SOCIETY. 



Continued one year. 3 vol. 268. 

Peregrine Fury appointed. His duty. 
Committee of correspondence. Agent's 
salary. Clerk appointed. Salary £50. 

3 vol'. 307, 305. 

James Grockalt agent in England. 3 
vol. 723. 

. Wm. Middleton, agent in Great Bri- 
tain. 4 vol. 26. 

James Wright, agent in Great Britain. 

4 vol. 34. 

Appointed to receive money from the 
government in England for the Colony, 
and to arrange the exchange. 4 vol. 1 12. 

Charles Garth, agent in England. 4 
vol. 164. 



AGRARIAN LAWS. 

Established by the Proprietors. 1 vol. 
18. 

Attempted to be introduced into Caro- 
lina by the Lords Proprietors. 1 vol. 18. 

Assembly rejects them. 1 vol. 28. 



AGRICULTURAL SOCIETY OF S. 
CAROLINA. 

Allowed to sell the estate of Dr. John 
DeLahowe, Lethe plantation excepted. 5 
vol. 359. 

Proceeds to be vested in stock. 5 vol. 
359. 

Interest to be appropriated to support 
and education of orphans at Lethe. 5 
vol. 359. 

Resign their trust under the will of 
Dr. John DeLahowe. 5 vol. 495. 

Other trustees apj)ointed. 5 vol. 495. 

May till their own vacancies. 5 vol. 
495. 

To account annually before the Ordi- 
nary of Abbeville. 5 vol. 495. 

Authorized to draw a lottery. 5 vol. 
505. 



AGRICULTURAL SOCIETY. 
Commissioners of Columbia authoriz- 
ed to convey two squares in the town to 
the Society. 5 vol. 318. 



AIKEN. 

Incorporated, and limits defined. 6 vol. 
530. 

Intendant and Wardens, when and 
Jiow elected, and by whom. 6 vol. 530. 

Oath of office. 6 voi. 531. 

Vacancy, how fillea. 6 vol. 531. 



Their powers and duties, 6 vol. 531, 
532. 

Council vested with authority over the 
highways. 8 vol. 449. 

Who may vote at elections. 8 vol. 458. 



ALARM, See Seamen. Militia. 

In case of, slaves may be enlisted. 3 
vol. 108. 

Penalty for not turning out at notice 
of alarm. 7 vol. 351. 



ALDERMEN. 

Title of Wardens of Charleston chang- 
ed to that of Aldermen. 7 vol. 148. 

Powers continued. 7 vol. 148. 

Re-eligible. 7 vol. 149. 

The council to apportion the number of 
Aldermen for each ward every ten years, 
so that their number is not to exceed 
twelve. 7 vol. 155. 



ALEXANDRIA COLLEGE. 
Escheats in York, Chester and Union, 
vested in trustees of, with certain powers 
and duties. 5 vol. 364, 365. 



ALIENS. 

All aliens, inhabitants of the Province, 
to enjoy the same privileges as those per- 
sons born of English parents. 2 vol. 
131. 

Enabled to enjoy lands. 2 vol. 131. 

And to claim the same as heirs, or by 
their own purchase. 2 vol. 131. 

All bargains and sales of lands, &c., 
heretofore made, declared valid in law. 
2 vol. 132. 

Who entitled to the privilege ; names 
given. 2 vol. 132. 

Oath of Allegiance to be taken. 2 
vol. 132. 

And certificate thereof to be given. 2 
vol. 132. 

All Christians, except Papists, to en- 
joy liberty of conscience. 2 vol. 133. 

Not eligible to the Assembly. 2 vol. 
251. 

May vote, by taking oath of allegi- 
ance and abjuration. 2 vol. 253. 

Repealed. 4 vol. 601. 

To have the privilege of British sub- 
jects. 2 vol. 251. 

To claim lands as heirs or purchasers. 
2 vol. 2.52. 



8 



ALIENS. 



Bargains and sales by aliens, valid. 
2 vol. 252. 

No person of age of sixteen, to have 
benefit of this Act who does not take oath 
of Allegiance, abjuration, &c. 2 vol. 
252. 

Form of oath. 2 vol. 252. 

Not to be chosen members of Assem- 
bly. 2 vol. 253. 

What aliens may vote. 2 vol. 253. 

Justices may administer the oath. 2 
vol. 253. 

Secretary to record the oath. 2 vol. 
253. 

Penalty for over charge. 2 vol. 253. 

King's natural born subjects, to inherit 
as heirs to any honors, manors, &c., 
though the parents were born out of the 
king's dominions. 2 vol. 542. 

See note. 2 vol. 747. 

All children, inheritors, born without 
the legiance of the King, whose fathers 
and mothers, at the time of their birth, 
be at the faith and legiance of the King, 
shall have and enjoy the same benefits 
and advantages, to have and bear the in- 
heritance within the same legiance, as 
the other inheritors aforesaid, in time to 
come ; so always, that the mothers of 
such children do pass the sea by the li- 
cense and wills of their husbands. 2 vol. 
550. 

What free white persons may become 
citizens by taking oath of allegiance, &c. 
4 vol. 601. 

Proviso ; no one allowed to vote until 
he has been admitted two years. 4 vol. 
601. 

When eligible to certain places. 4 
vol. 601. 

Act of Nov. 4, 1704 (2 vol. 256) re. 
pealed. 4 vol. 601. 

Certain aliens allowed 7 years to sell 
their real estates in the State. 4 vol. 
601. 

Encouraged to lend money in the 
State. 4 vol. 642. 

May lend money and prosecute suits 
for its recovery ; and take mortgages on 
real property, whether at peace or war. 
4 vol. 642. 

Suits, how maintained by them. 4 
642. 

Court of Chancery to direct a sale of 
mortgaged premises. 4 vol. 642. 



This apubhc Ordinance. 4 vol. 643. 

Terms required for citizenship, (1786) 
4 vol. 746. 

Former Acts repealed, (4 vol. 600. 2 
vol. 251.) 

Proviso, that vested rights are not af- 
fected by the repeal. 4 vol, 747. 

The Secretary of State to keep a book 
in which he is to record the certificates 
of citizenship, and return a certificate 
thereof, which shall be evidence of the 
privileges granted. 5 vol. 66. 

If the alien lives in Charleston it must 
be done in three months, if in any part 
of the country, six months. 5. vol. 67. 

Secretary's fee for recording, 5 shill- 
ings, current money. 5 vol. 66. 

Alien friends, how they may become 
denizens, 5 vol. 355. 

Titles to real property, derived from or 
through aliens, legalized ; and aliens, un- 
der certain conditions, enabled to hold, 
convey, and devise real property. 5 vol. 
546. 

And to be distributed under the statute 
of distribution, in case of intestacy. 5 
vol. 547. 

The titles and grants of certain aliens, 
who have since become citizens or deni- 
zens, legalized. 5 vol. 523. 

Aliens and transient persons, bona fide 
French citizens excepted, bound to per- 
form militia duty. 8 vol. 493. 



ALIENATION. 



See Heir. 



ALLEGIANCE. 

Oath of allegiance and abjuration re- 
quired by Act of 1777. 1 vol. 135. 

This Act never printed before. 1 vol. 
135. 

The oath to be administered to every 
body. 1 vol. 135. 

To be taken by all persons before ac- 
cepting any office of trust or emolument. 
1 vol. 136. 

Persons refusing to be transported. 1 
vol. 136. 

Treason if they return. 1 vol. 136. 

All allegiance to George the Third, re- 
quired to be renounced by the oath of 
office under the constitution of 1778. 1 
vol. 144. 



ALLEGIANCE. 



9 



1 vol. 



149. 



Every free male inhabitant of the 
State, above a certain age, to give assur- 
ance of fidelity and allegiance to the 
State. 1 vol. 147. 

Form of oath. 1 vol. 147. 

The militia to take it. 1 vol. 148. 

Before whom to be taken. 1 vol. 148. 

Disability upon disobedience. 1 vol. 
148. 

Persons coming into the State. 
i;:8. 

Refusal. 1 vol. 148. 

Certificates to be given. 1 vol 

Penalties. 1 vol. 149, 150. 

First clause of the Act of 1777, re- 
pealed. 1 vol. 150. 

See Dr. Cooper^s observations thereon. 
1 vol. 201. 

Oath of allegiance to the State, re- 
quired by amendment of the constitution, 
of all officers of the State, 6 Dec, 1834. 
1 vol. 196. 

Remarks on, by Dr. Cooper. 1 vol. 221. 

Oath of, to be taken by Aliens becom- 
ing citizens of South Carolina. 2 vol. 132. 

Certificate thereof to be given. 2 vol. 
132. 

Privileges allowed to persons, having 
taken the oath of allegiance and fidelity. 
4 vol. 451. 

Provisions as to persons who have not 
taken the oath. 4 vol. 451. 

Persons unavoidably prevented from 
taking it on the day fixed, may do so at 
the courts. 4 vol. 452. 

Persons not taking the oath, banished. 
4 vol. 452. 

Persons of religious scruples, confined 
at Ninety-Six. 4 vol. 452. 

Oath of, by whom administered. 4 
vol. 468. 

Form of certificate. 4 vol. 468. 

Free citizens, on subscribing to the 
oath. 4 vol. 468. 

List of names to be sent to the Gover- 
nor. 4 vol. 468. 

The fourth article of the Constitution of 
this State amended so as to read as fol- 
lows, viz. Every person w!)o shall be 
chosen or appointed to any office of profit 
or trust, before entering on the execution 
thereof, 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 I 
VOL. X— 2. 



may continue a citizen thereof; and that 
I am duly qualified, according to the 
Constitution of this State, to exercise the 
office to which I have been appointed ; 
and that I will, to the best of my abilities, 
discharge the duties thereof, and preserve, 
protect and defend the Constitution of 
this State and of the United States — So 
help me God." 6 vol. 513. 



ALLEN-STREET. 
Established in Charleston. 7 vol. 89^ 



Parish. 



ALL SAINTS 
4 vol. 407. 



AMBASSADORS. 

See Foreign Ambassadors and Minis- 

AMEN-STREET. 
Council authorized to close it, and to 
have damages assessed to proprietors. 7 
vol. 147. 

AMENDMENTS. 
See Jeofails. 

In Chancery, the Master or Commis- 
sioner may grant leave to amend the plead- 
ings and make new parties. 6 vol. 412. 



AMERCEMENT. 
See ConflscaHon Act. 



AMERCIAMENTS. 
Shall be reasonable, and according to 
the offence. 2 v^. 419. 



AMERICAN AND GERMAN TRAD- 
ING AND INSURANCE COMPANY. 
Incorporated. 8 vol. 421. 



AMERICAN LITERARY COMPANY. 
Incorporated. 6 vol. 533. 



ANDERSON ACADEMIES. 

See the Male and Female Academies of 
Anderson. 



ANDERSON COUNTY. 

See Pendleton. 

A Tax Collector for, to be elected, and 
when. 6 vol. 597. 

His duties and compensation. 6 vol. 
598. 



10 



ANDERSON. 



ANDERSON, COL. 

Required to procure a second set of 
vouchers from Waters, Brandon, and Roe- 
buck Regiments. 4 vol. 718. 



ANDERSON, CULBUT. 

His land and personal property restor- 
ed to his heirs, on certain conditions. 4 
vol. 666. 



ANDERSONVILLE. 

Established, and commissioners appoin- 
ted to lay off. 5 vol. 401. 

Titles to be made to purchasers of lots 
in the Village of Anderson. 6 vol. 391. 

Incorporated, to be governed by luten- 
dant and four Wardens. 6 vol. 494. 

When, how, and by whom, elected. 
6 vol. 494. 

Oath of office. 6 vol. 495. 

Their powers and duties. 6 vol. 495,496. 

This a public Act, and to continue of 
force 3 years. 6 vol. 496. 

Incorporation renewed. 8 vol. 449. 

Sheriff to execute process. 8 vol. 449. 

Monies from licenses. 8 vol. 457. 



ANNUITIES AND PENSIONS. 

See Pensions. 

To divers persons. 5 vol. 346, 368. 

How to be paid by the Treasurers. 5 
vol. 368, 369. 

To Revolutionary Pensioners increas- 
ed, upon their producing, from under the 
hands and seals of 3 Justices and one 
member of the Legislature of his district, 
that he is of good character, and in their 
opinion entitled to an increase of his an- 
nuity. 6 vol. 176. 

Margaret Forbes placed upon the list. 
6 vol. 36. 

Pension granted to Major Brown, i\va 
Culliatt, Thomas Miller, Andrew M'Alis- 
ter, Michael Finney, Paul Smith and 
John Polloch, jr. 5 vol. 381. 

Pensions to Susannah Townshend and 
Eliza Rhodes. 5 vol. 452. 



ANSWER. 

See Practice in Chancery. 
To be put in within thirty days after 
rappearance day in the Court of Chance- 



ry, if the time to plead has not been ex- 
tended by the Chancellor or Commission- 
er, on cause shown on oath. 7 vol. 306 



ANTHONY, MARY. 
The interest of the State in the real 
estate of which John Anthony died seiz- 
ed and possessed, vested in his widow 
Mary Anthony, her heirs, &c. 6 vol. 
549. 



ANTIPiEDO BAPTIST CONGREGA- 
TION. 
The trust of a lot and building in Char- 
leston, continued in them. 3 vol. 660. 



APOTHECARIES. 

See Physicians, S^-c. 

May be licensed to vend Drugs and 
Medicines, by the Trustees and Faculty 
of the Medical College of the State of 
South Carolina. 6 vol. 497. 

Penalty for employment of slaves in 
their shops, (obsolete.) 7 vol. 423. 



APPEALS. 

See Courts, (Appeal) 

Against the principal and accessary. 
2 vol. 419. 

On appeals from the decision of the 
Circuit Courts of Law, the opinion of the 
Judge who tried the cause shall be taken, 
and have equal effect with that of any 
other member of the Court ; provided not 
less than five Judges are present. 6 vol. 6. 

Interest allowed pending appeals in law 
or equity, and the amount shall be in- 
dorsed on the back of the execution, and 
be collected by the Sheriff with the prin- 
cipal. 6 vol. 6. 

Where the decree exceeds £300, ap- 
peals allowed to his Majesty in his Privy 
Council in Great Britain ; provided it be 
craved within one month after decree ; 
and that before such appeal be allowed, 
security be given by the appellant, in 
double the value of the matter in differ- 
ence, to pay the value of the thing ad- 
judged, with all costs and damages, as 
shall be awarded by his Majesty, &;c. 7 
vol. 165. 

Provided no execution on such decree 
sLdll be stayed or suspended by reason of 
such appeal, so as the party taking out 



APPEAL. 



11 



such execution, in like manner give se- 
curity, to the value only of the matter in 
difference, to make restitution, in case 
the decree be reversed, in three years 
after decree by the Court of Chancery. 
7 vol. 165. 

Where the matter in difference does 
not exceed the value of £25, in the coun- 
ty court, appeal allowed to the general 
court in Charleston, which shall have 
power to hear and determine all such ap- 
peals, as may be consistent with the laws 
and statutes of Great Britain, and usages 
of South Carolina. 7 vol. 167. 

Appeals to be craven at the time judg- 
ment is given in the county court, or at 
the next sitting thereof. 7 vol. 167. 

Before appeal allowed, the party ap- 
pealing to give bond before the said court, 
in double the value of the matter in dif- 
ference, to answer the value of the thing 
or sum adjudged, with such costs as shall 
be awarded by the general court in case 
the judgment be affirmed. 7 vol. 168. 

Provided also, that no execution on 
such judgement shall be stayed by such 
appeal, if the party taking out execution 
enter into bond before said court, with 
sufficient security, to the value of the 
sum or matter adjudged, to make restitu- 
tion, if such judgment be reversed, in 12 
months after obtaining such judgment in 
the county court. 7 vol. 168. 

If the judgment be affirmed, and the 
Judges of appeals be of opinion that the 
appeal was groundless and vexatious, they 
shall certify the same on the back of the 
appeal, and in such case, the appellant 
shall pay to the appellee treble the costs 
of suit awarded in the county court. 7 
vol. 168. 

in the county courts, in what case al- 
lowed, and mode of proceeding. 7 vol. 
220. 

Allowed from County Court or Ordina- 
ry to the Court of Common Pleas of the 
district ; provided the appeal be entered 
in the county where the judgment is 
given, within 20 days after judgment or 
sentence, the adverse party having notice. 
7 vol. 256. 

Allowed from the County Court, where 
the judgment exceeds £10, on the appel- 
lant''s giving bond and security to prose- 
Cute the appeal to effect. 7 vol. 267. 



Appeals allowed from the Inferior City 
Court of Charleston, to the Circuit Court 
of the district. 7 vol. 302- 

From Chancellor on the Circuit to Ap- 
peal Court in Equity. 7 vol. 305, 

Mode of bringing up appeals. 7 vol. 
305. 

The first clause of the *' Act to pre- 
vent frivolous appeals," repealed. 7 vol. 
318. 

11 any person wishes to appeal from any 
order or decree of a Chancellor, or from 
any judgment or determination of a Law 
Judge, or make any motion in arrest of 
judgment, or for a new trial, he shall pur- 
sue the same course, in every respect, 
that is now prescribed by law in cases of 
appeal ; and the Chancellor or Circuit 
Judge shall transmit to the Court of Ap- 
peals a correct report, in writing, of the 
pleadings, the evidence, the points, an^ 
the substance of the charge to the jury', 
if any be made, so that the whole case, 
or as much as may be necessary, shall be 
manifest to the Court of Appeals. 7 vol. 
326. 

Appeals to be taken to Columbia or 
Charleston, as heretofore. 7 vol. 326. 

From the districts of Charleston, Beau- 
fort, Colleton, Georgetown, Williamsburgh 
and Horry, to be taken to the Court of 
Appeals in Charleston, and from all other 
parts of the State to Columbia. 7 vol. 
328. 

Appeals from Barnwell to be carried to 
Charleston. 7 vol. 341. 

Where an appeal shall be taken in any 
case tried before one of the Judges of the 
court of appeals, sitting as a Circuit 
Judge or Chancellor, such Judge shall 
not sit upon the trial of said appeal, and 
one of the Circuit Judges or Chancellors 
shall be called in by the Court in room of 
said Judge of the court of appeals. 7 
vol. 332. 

Where an appeal shall be taken from 
a conviction for a misdemeanor, the sen- 
fence which would have been passed shall 
be reduced to writing, and signed by the 
Judge before whom the case may have 
been tried, saled up and lodged with the 
clerk of the court for the district in which 
the case originated, to the end that such 
sentence may be passed on the defendant 
at the next circuit court of said district. 



12 



APPEAL. 



after the appeal shall have been dismissed 
by the court of appeals ; and the defen- 
dant shall not, in any such case, be re- 
quired to appear in person before the court 
of appeals. 7 vol. 332. 

No Circuit Judge or Chancellor shall sit 
in the court of appeals on any case he 
may have tried on the circuit. 7 vol. 333, 

Any decree delivered in equity, or trial 
at law, during the sitting of the court of 
appeals, may be taken to the court of ap- 
peals, on receipt of the decree, or report 
of the Judge, on giving the opposite party 
four days notice, vi^hich shall be heard and 
determined as other appeals. 7 vol. 334 

Allowed slaves under the Act of 1735. 
(Expired.) 7 vol. 396. 

Of slaves, regulated and prescribed. 7 
vol. 412. 

APPEAL OF DEATH. 
In what case only a woman shall have 
such appeal. 2 vol. 418. 

See Editor's note. 2 vol. 715. 



APPEAL OF MURDER. 

The appellant being acquitted, the ap- 
pellor and abettors shall be punished. 
There shall be no essoin for the appellor. 
2 vol. 421. 

Punishment of appellor far false ap- 
peal. 2 vol. 421 

One person killing another in his own 
defence, or by misfortune, an appeal of 
murder. 2 vol. 420. 

APPEAL COURT. 
See Courts. {Appeal.) 



APPRENTICE. 

See Master and Apprentice. 



APPEARANCE. 

See Attachment. Chancery Practice. 
Bonds (given for) discharged upon ap- 
pearance. 2 vol. 515. 



APPELLOR. 

The appellant being acquitted, the ap- 
pellor and abettors shall be punished. 
There shall be no essoin for the appellor. 
2 vol. 421. 

Punishment of appellor for false ap- 
peal. 2 vol. 421. 



APPLEBY, RICHARD. 

Superintendant of public works to dis- 
continue his suit against him. 6 vol. 371. 



APPROPRIATION. 

See Tax Act of each year, under head 
of Duties, Taxes, and Estimates. 

Of duties. 2 vol. 204. 

Of taxes. 2 vol. 211. 

Appropriations at various times. 2 vol. 
204, 258, 275. 

Order of payment to be determined by 
ballot during a temporary deficiency in 
the treasury. 2 vol. 276. 

In favor of the church. 2 vol. 341. 

Salaries to ministers of church of Eng- 
land. 2 vol. 247. 

To the building of churches. 2 vol. 
24S. 

Receiver under penalty if he apply 
these monies otherwise than as appropri- 
ated. 2 vol. 248. 

£4036 10s. to be drawn from R. Izard 
for the pay of Rangers. 3 vol. 8. 

Of monies received. 3 vol. 65. 

3 vol. 80, 95, 110. 

Appropriation of the duties on exports 
and imports. 3 vol. 155. 

Of rice bills in the hands of commis- 
sioners. 3 vol. 155. 

Further appropriations. 3 vol. 156. 

3 vol. 186, 202, 212, 213, 244, 263, 
301, 316, 435, 409, 445. 

For 1737. 3 vol. 510. 
3 vol. 536. 
3 vol. 562. 
3 vol. 653. 

3 vol. 743, 749. 

4 vol. 11, 12. 
4 vol. 38, 53. 



For 1738. 

For 1739. 

For 1745, 

For 1750. 

For 1754. 

For 1757. 
ses of that year, 63. 

For 1758 and 1759 
134, 137. 

For 1763. 

For 1764. 

For 1765. 

For 1766. 

For 1777. 

For 1779. 

For 1782. 

For 1784. 

For 1785. 

For 1786. 

Not to be 
288. 

Of each 



4 vol 



See expen- 
117, 129, 



4 vol, 
4 vol. 
4 vol, 
4 vol. 
4 vol. 
4 vol. 
4 vol. 
4 vol. 
4 vol. 



198. 

223. 

250. 

278. 

374. 

496. 

538. 

637, 638. 

691, 698. 
4 vol. 738. 
made but by Act. 5 vol. 



year, including salaries, 



APPROPRIATION. 



13 



claims, ordinary and contingent expen- 
ses, pensions, &c. &c. 5 vol. 20, 35, 
61, 131, 151, 191, 229, 254, 276, 301, 
327, 343, 376, 394, 428, 450, 474, 489, 
516, 536, 557, 591, 613, 634, 660, 669, 
688, 694, 712, 734. 

Munitions of war to be purchased. 5 
vol. 327, 669, 738. 

For salaries, ordinary and contingent 
expenses, pensions, &c. 6 vol. 21, 48, 
57, 81, 91, 110, 153, 173, 199, 228, 254, 
274, 296, 347, 355, 376, 404, 423, 450, 
455, 478, 500, 520, 543, 563, 587, 592, 
608. 

One million appropriated for internal 
improvement, $250,000 to be annually 
expended for four years. 6 vol. 91, 92. 

All appropriations and salaries, jurors 
and constables' certificates, for each divi- 
sion, to be paid by the treasurer of that 
division, except the officers of the Legis- 
lature, who shall be paid in Columbia. 
And the pay bill of the members of the 
Legislature may be paid at either Trea- 
sury. 6 vol. 109, 133, 151, 171, 198, 
226, 253, 274, 294, 346, 375, 422, 449, 
476, 499, 519, 542, 562, 586, 607. 

All former appropriations for public 
buildings repealed. 6 vol. 205. 

For public buildings, to be drawn by 
the district commissioners, or a majority 
of them. 6 vol. 233. 

A certain sum appropriated to pay all 
claims agreed to by joint resolution at 
this session, although not specially ap- 
propriated. 6 vol. 235. 

No appropriation, or unexpended bal- 
ance of appropriation, made for free 
schools, remaining undrawn on the 1st 
January, 1827, shall be drawn from the 
treasury, but shall remain to the credit of 
the State. 6 vol. 378. 

No appropriation, or unexpended bal- 
ance of appropriation, for free schools, 
shall hereafter be drawn from the treasu- 
ry, after two years from the day the ap- 
propriation shall have been made. 6 vol. 
378. 

7 vol. 31, 45, 81, 96. 



ARCHDALE, JOHN. 
Empowered by Proprietors to sell lands. 
2 vol. 133. 



ARMS. 

Not to be exposed for sale, unless in 
Charleston, 3 vol. 591. 

No negro shall carry out of the limits 
of his master's plantation, any sort of 
fire arms, unless his master, or other 
white person, by his order, be present, or 
without a certificate from his owner or 
overseer ; and if any shall be thus ap- 
prehended, the arms shall be forfeited to 
him who shall apprehend the same ; un- 
less the person who is the owner of the 
arms, shall, in three months, redeem 
them by paying the sum of twenty shill- 
ings. (Expired.) 7 vol. 353, 354. 

Every master or head of any family, 
shall keep all his gHns and other arms, 
when out of use, in the most private 
room in the house, upon penalty of £3. 
(Expired.) 7 vol. 354, 373, 387. 

Slave not allowed to have possession 
of, except in certain cases specified. 7 
vol. 372. 

Not to take them from the plantation 
on Sunday. 7 vol. 372. 

Not to lend the gun to another slave. 
7 vol. 372. 

Arms not so licensed forfeited. (Ex- 
pired.) 7 vol. 372. 

If any slave entrusted by his master 
with a gun or cutlass, shall shoot or kill 
any other man's cattle, sheep or hogs, or 
suffer it to go out of his custody to anoth- 
er slave, who shall do like injury, the 
manager of the slave so entrusted, shall 
pay to the party injured double the value 
of the cattle, &c. 7 vol. 373. 

Slave not to carry fire arms without a 
ticket. 7 vol. 404. 

Certain exceptions, 7 vol. 404. 

To be carried to church on Sundays 
and Christmas days. (Expired.) 7 vol. 
417. 

Not to extend to St. Philip's church, 
Charleston, where a watch is to stand 
under arms during service. 7 vol. 418. 

No free negro or person of colour al- 
lowed to carry them, or other dangerous 
weapons, abroad, except by ticket from 
his guardian. 7 vol. 474. 



ARMS, [PUBLIC] 
See Appropriations. 
Commander of every company to give 
public notice. 3 vol. 100. 



14 



ARMS, (PUBLIC.) 



Arms, &c. when found, to be seized. 
3 vol. 100. 

Books and vouchers to be examined, 
to discover who are liable for arms, &c. 
3 vol. 101. 

Commander-in-cliief to deliver out 
arms, &c. specifying for wliat purpose. 
3 vol. 101. 

No person to transport arms, &;c. out 
of this Province, on anv pretence, under 
penalty of £500. 3 vol. 101. 

A magazine and armourer provided. 
3 vol. 101. 

Offence of plugging or oversetting can- 
non, &c. 3 vol. 102. 

Penalty. 3 vol. 102. 

Suit may be brought under this Act in 
any court of record. 3 vol. 102. 

Distributed. 5 vol. 374, 391. 

Forty thousand dollars appropriated to 
purchase. 5 vol. 375. 

To be distributed. 5 vol. 423, 44S, 
456. 

Sixty-five thousand dollars appropriat- 
ed for arms, to be distributed among the 
militia. 5 vol. 562. 

Persons appearing at muster without 
arms to be fined. 5 vol. 563. 

Appropriation for mounting cannon 
and purchasing military stores. 5 vol. 
563. 

Keepers of the arsenals of the State 
authorized to sell the public arms and ac- 
coutrements stored therein, at cost price ; 
provided the applicant produces, at the 
time he offers to purchase, a certificate 
from some captain of a company, that he 
is a member of said company, and needs 
the arms and accoutrements for which 
he shall apply, for performance of his 
military duty. 6 vol. 392. 

The arsenal keeper shall pay over to 
the treasurer within whose division he 
may reside, all such monies as shall come 
into his hands from the sale of public 
property, made by him by virtue of this 
Act, forthwith ; and shall make to such 
treasurer a regular report of said sales, 
on or before the first of September, in 
each year. 6 vol. 392 

Appropriation for arms, ordnance and 
ammunition. 6 vol. 481 

There shall be constantly retained in 
the public arsenals of this State, fit for 
immediate use, at least ten thousand 



muskets and rifles, two thousand swords^ 
and four thousand pistols, with an ade- 
quate and proportionate quantity of ac- 
coutrements and other munitions of war ; 
and none of the above articles shall be 
issued, except under the order of the 
Commander-in-chief, and only in cases 
of great public exigency. 6 vol. 488 

In order to supply the arsenals with the 
quantity and description of the articles 
above mentioned, the sum of fifty thou- 
sand dollars is appropriated, to be applied, 
under the order of the Governor, to the 
purchase of the same, at such times and 
in such proportions as he may think pro- 
per; provided, that unless in his opinion 
it shall become necessary for the safety 
of the State, not more than ten thousand 
dollars shall be expended annually. And 
the Governor is authorized and required 
to make the necessary regulations to in- 
sure the safe keeping of the said articles, 
so as to have them at all times fit for ser- 
vice ; and that for this purpose, he cause 
the necessary repairs to be made, and 
such articles as are incapable of repair, 
to be sold. 6 vol. 488 

The Governor authorized to cause an 
arsenal to be fitted up in the upper part 
of the old goal, at Columbia, on a scale 
sufflciently extensive to receive a due pro- 
portion of said arms, and cause a maga- 
zine to be built in or near the said town ; 
for which purposes the sum of three thou- 
sand dollars is appropriated ; and as soon 
as the said arsenal and magazine shall be 
completed, all the arms and munitions of 
war in the possession of the State, shall 
be divided, in such proportions as the 
Governor shall direct, between the arse- 
nals and magazines in Columbia and 
those in Charleston ; and all the other 
arsenals and magazines in the State shall 
be discontinued. 6 vol. 488 

The sum of $2,000 appropriated to en- 
able the Governor to make such arrange- 
ments for the security and protection of 
the arsenal and magazine in Columbia, 
as he may deem necessary. 6 vol. 489 

In order to provide for a distribution of 
arms, to such portions of the militia as 
may be authorized to receive them, under 
the provisions of this Act, the sum of 
$2,500, in addition to the arms which 
may be received from the United States, 



ARREST OF JUDGMENT. 



is annually appropriated and set apart, the 
former to be expended by the Governor 
in the purchase of arms and military 
equipments, of such descriptions, and in 
such proportions, as he may think proper, 
and both to be disposed of, from time to 
time, as follows, to wit: as soon as a 
sufficient stock of sabres, pistols and hol- 
sters shall be procured, each company of 
cavalry shall be furnished with the same, 
on such terms and conditions, and in such 
quantity, as the Governor may prescribe. 
In like manner, each uniform company of 
riflemen and light infantry shall be fur- 
nished with appropriate arms ; provided, 
the proportion of cavalry, riflemen and 
light infantry, shall not be greater than 
may be allowed by law. 6 vol. 489. 

ARREST OF JUDGMENT. 

In what court and cases judgment after 
verdict shall not be stayed for default in 
form of pleading. 2 vol. 519 

Proviso for appeals, indictments, ac- 
tions upon penal laws other than for cus- 
toms and subsidies. 2 vol. 520 

In what cases execution shall not be 
stayed by writ of error, but upon recog- 
nizance entered according to 3 Jac. 1 c. 
8 ; Carthew. 121 ; 3 Lev. 277. 2 vol. 
520 

Proviso touching judgment in dower 
and ejectione Jinnee. 2 vol. 520 

To what actions this Act shall not ex- 
tend. 2 vol. 520 

See note. 2 vol. 744. 

Motions in, allowed from the circuit 
courts, under such restrictions and man- 
ner as the judges may order. 7 vol. 256. 



ARSENALS. 

See Ar?ns, {Public.) 

Commissioners appointed to superin- 
tend the erection of an arsenal in Charles. 
ton. 6 vol. 299 

Arsenal keepers authorized to sell the 
public arms and military accoutrements 
to certain persons on certain conditions, 
and to account to the treasurer of his di- 
vision, and pay over proceeds once a year. 
6 vol. 392 

There shall be constantly retained in 
the public arsenals of this State, fit for 
immediate use, at least 10,000 muskets 
and rifles, 2,000 swords, and 4,000 pistols, 



with an adequate and proportionate quan- 
tity of accoutrements and other munitions 
of war ; and none of the above articles 
shall be issued, except under the order of 
the Commander-in-chief, and only in ca- 
ses of great public exigency. 6 vol. 488 

In order to supply the arsenals with the 
quantity and descriptions of the articles 
above mentioned, the sum of <$50,000 is 
'appropriated, to be applied, under the or- 
der of the Governor, to the purchase of 
the same, at such times, and in such pro- 
portions, as he may think proper ; pro- 
vided, that unless in his opinion it shall 
become necessary for the safety of the 
State, not more than $10,000 shall be ex- 
pended annually. And the Governor is 
authorized and required to make the ne- 
cessary regulations to insure the safe 
keeping of the said articles, so as to have 
them at all times fit for service ; and that 
for this purpose, he cause the necessary 
repairs to be made, and such articles as 
are incapable of repair, to be sold. 6 
vol. 488 

The Governor authorized to cause an 
arsenal to be fitted up in the upper part 
of the old goal, at Columbia, on a scale 
sufficiently extensive to receive a due pro- 
portion of said arms, and cause a maga- 
zine to be built in or near the said town, 
for which purposes the sum of $3,000 is 
appropriated ; and as soon as the said ar- 
senal and magazine shall be completed, 
all the arms and munitions of war in tlie 
possession of the State, shall be divided, 
in such proportions as the Governor shall 
direct, between the arsenals and maga- 
zines in Columbia and those in Charles, 
ton ; and all the other arsenals and mag- 
azines in the State shall be discontinued. 
6 vol. 488 

An arsenal-keeper and powder-receiver 
of the Columbia arsenal to be appointed, 
who shall give bond and security in the 
penal sum of $10,000, for the faithful 
performance of his duty, and who shall 
receive as a compensation for his servi- 
ces the sum of $400. 6 vol. 488 

In consideration of the great extent and 
importance of the duties which will de- 
volve on the arsenal-keeper in Charles- 
ton, under the arrangement contemplat- 
ed, the sum of $700 shall be appropriat- 
ed for his salary ; and that said arsenal- 



16 



ARSENALS. 



keeper shall give bond und security in 
the penal sum of $10,000 for the faithful 
performance of his duty. 6 vol. 489. 

The sum of $2,000 appropriated to en- 
able the Governor to make such arrange- 
ments for the security and protection of 
the arsenal and magazine at Columbia, 
as he may deem necessary. 6 vol. 489 



ARSENAL-KEEPERS AND POWDER 
INSPECTORS. 

Salaries. 5 vol. 237 ; 6 vol. 489. 

To hold office for four years, 5 vol, 
238 

Security to be given. 5 vol, 238 

Representation from Abbeville commis- 
sioners to inspect arsenal at Abbeville. 5 
vol. 237 

Office not to be administered by depu- 
ty. 5 vol. 238 



ARTOPE, REBECCA. 
The interest of the State in the real 
estate of Elizabeth Mihvood, late of 
Charleston, lying in Charleston, vested 
in Rebecca Artope, her heirs, &,c. 6 
vol. 549. 



ARTS AND SCIENCES. 
See Copy Rights. 



ASHEPOO RIVER. 

To be made navigable in the upper 
parts, 7 vol. 510 

Cut from Ashepoo to Pon Pon, and out 
of Cheehaw to Ashepoo, 7 vol, 525 



ASHLEY RIVER. 

Act for improving the navigation, 5 
vol. 7 

Act to build a bridge across, 5 vol, 
134 

The head to be made navigable, 7 
vol. 475 

Communication between it and Stono 
to be opened. 7 vol. 521 



ASHLEY RIVER TOWN. 

Public markets twice a week, and a 
market place appointed. 3 vol. 217 

Two fairs to be kept annually. 3 vol. 
217 

Director or rulers of fairs to hold a 
court of pie-poudre. 3 vol. 218 

What they are to observe. 3 vol. 218 



Toll gatherer's fees and duties, 3 vol. 
218 

No person to be arrested during the 
time of the fairs. 3 vol. 219 

Fines, not exceeding £10, how to be 
recovered. If above £10. 3 vol, 219. 

When this Act is to be of force. 3 
vol. 219 



ASS. 



Penalty for marking, branding or dis- 
fiffurinfj. 4 vol, 622; 



ASSAULT AND BATTERY, 
Challenging and assaulting, &c, on 
account of money won at play, to for- 
feit all his goods, and be imprisoned two 
years. 2 vol. 567 

One year allowed to bring suit. 2 vol. 
585. 

No costs allowed in county court, if 
verdict be for less than two pounds. 7 
vol. 231 



ASSEMBLY. 
See General Assembly. 



ASSESSMENT. 

See Taxes. 

Power to appoint 13 freeholders as as- 
sessors, 2 vol, 16 

Duty of assessors and grand counsel, 
2 vol. 16 

Percentage to the receivers. 2 vol. 16 

Security to be given by receivers. 2 
vol. 16 

Books to be kept of receipts and pay. 
ments. 2 vol. 16 

Rates of provisions. 2 vol. 16 

Distress on non-payment. 2 vol. 17 

Appeal. 2 vol. 17 

Quorum of grand council. 2 vol. 17 



ASSESSORS. 
See Taxes. 

Office re-established for Charleston, 
vol, 274 



ASSETS. 

See Wills, and Executors and Admin- 
istrators. 

Lands, &c,. shall be liable to the judg- 
ments, &c., of cestuyque trust, and held 
free from the incumbrances of the person 
seized in trust. 2 vol. 527. 



ASSIGNMENT. 



17 



Trust shall be assets in the hands of 
heirs. 2 vol. 527. 

No heir shall, by reason thereof, be- 
come chargeable of his own estate. 2 
vol. 527. 

Estates, ^wr auter vie, shall be devisa- 
ble, and shall be assets in the heir's hands, 
and where there is no special occupant, 
shnll go to executors. 2 vol. 527. 

Lands, negroes, houses, dsc, in Plan- 
tations, hable to be sold for debts, as real 
estates by the laws of England. 2 vol. 
571. 



ASSIGNEES. 
Of judgments or decrees in Law or 
Equity, may bring suits in their own 
names, styling themselves assignees, sub- 
ject to the same equities as the assignees 
of bonds, bills and notes not negotiable. 
6 vol. 33. 



ASSIGNMENT TO CREDITORS- 

Whenever any debtor shall assign his 
property for the benefit uf his creditors, 
it shall be lawful for his creditors to name 
and appoint an agent or agents, equal in 
number to the assignees, to act in their 
behalf, jointly with the assignee or as- 
signees named and appointed by ,the as- 
signor. 6 vol. 365. / ^ . , "\ . 

It shall be the duty of the assignee 
or assignees, within ten days after exe- 
cution of the deed of assignment, to call 
the creditors together, to proceed to the 
appointment of their agent or agents ; 
and all sales and transfers of property 
made by the assignee or assignees, prior 
to the appointment of the agent or agents 
of the creditors, are hereby declared void 
and of no eflect. 6 vol. 3<)6. 

In case the assignee or assignees delay, 
neglect or refuse to assemble the creditors 
within the time herein prescribed and 
limited, it shall be lawful for the creditors 
to meet and appoint their agent or agents ; 
and the said agent or agents, on applica- 
tion to, and by order of, any of the judg- 
es of the courts of law and equity, shall 
take into his hands and possession all the 
property assigned, and of which the as- 
signee would, by law, be entitled to the 
possession, and shall sell and dispose of 
the same, agreeably to the deed of assign- 
ment. 6 vol. 366. 
VOL. X— 3. 



In the appointment of the agent or 
agents, the majority in amount of the 
debts represented by the creditors present 
at the meeting shall govern ; and the agent 
or agents so appointed, shall have equal 
power and authority with the assignee or 
assignees, to sell and dispose of the pro- 
perty assigned, and distribute and pay the 
proceeds, according to the intent and 
provisions of the deed of assigment. 6 
vol. 366. 

All sales, hypothecations or other trans- 
fers of property, real or personalj shall be 
null and void, unless made with the con- 
sent and concurrence of the assignee or 
assignees, and a^ent or agents, or a ma- 
jority of them. 6 vol. 366. 

Should the assignee or assignees and 
the agent or agents be equally divided on 
any question, the same shall be decided 
by an umpire, appointed as is hereafter 
provided. 6 vol. 366. 

Should the creditors as aforesaid, refuse 
or neglect to appojnt an agent or agents, 
in ten days after they have been called 
together by the assignee or assignees, the 
assignee or assignees may forthwith pro- 
ceed to sell or otherwise dispose of the 
assigned effects, without the concurrence 
of the said creditors. 6 vol. 366. 

The proceeds arising from the sales of 
the property assigned, shall be deposited 
for safe keeping in the Bank of the State 
of South Carolina, or any of its branches, 
in the joint names of the assignee or as- 
signees, and agent or agents, and subject 
to their joint drafts. 6 vol. 366. 

In case of any disagreement between 
the assignee or assignees, and agent or 
agents, any of the judges of the court of 
law or equity, at Chambers, shall, on ap- 
plication of either of the parties, decide, 
and if deemed necessary, name and ap- 
point an umpire to act jointly with the 
assignee or assignees and agent or agents. 
6 vol. 366. 

It shall be the duty of the assignee or 
assignees, agent or agents, to lay, every 
three months, before the creditors, or such 
committee as they may appoint, an exact 
statement of their proceedings : the ere- 
ditors or their committee may, however, 
call the aiisignee or assignees and agent or 
agents, oftener to account; they may 
also duect and prescribe the time and 



18 



ASSIGNMENT TO CREDITORS. 



mode of selling, and the terms of sale ; 
order a distribution of the assets on hand, 
and a final close of the concern ; and in 
case of need, may revoke and dismiss 
their agent or agents, and name and ap- 
point another in his stead ; and the as- 
signee or assignees, and agent or agents, 
failing or neglecting to lay the statement 
of their proceedings before the creditors 
or their committee, as herein directed, or 
whenever called on, or to obey or abide 
by their directions, shall be answerable 
for all damages resulting from their refu- 
sal or neglect, and forfeit the commission 
they might otherwise be entitled to. 6 
vol. 366. 

The commission due and ovvinw to the 
assignee or assignees, and agent or agents, 
for their trouble and labor, shall be five 
per cent on receiving, and two and a half 
on paying, to be equally divided between 
them, that is to say, one half to the as- 
signee or assignees, and the other half to 
the agent or agents. 6 vol. 367. 



ASSIZE OF BREAD. 

No other bread to be made for sale, 
than is by this Act allowed. 3 vol. 715. 

Table of assize. 3 vol. 716, 

Bakers to imprint on each loaf the 
initial letters of their names, and price of 
such loaf 3 vol. 717. 

Forfeiture on neglecting the directions 
of this Act. 3 vol. 717. 

Bread made of a fraudulent mixture, to 
be forfeited, and the maker to pay a 
penalty of twenty shillings to the inform- 
er. 3 vol. 717. 

Justices may seize all bread not made 
according to the directions of this Act. 
3 vol. 717. 

Persons convicted of offences against 
this Act, may appeal, &c. 3 vol. 718. 

Persons sued executing this Act, may 
plead the general issue. 3 vol, 718, 

Made perpetual by Act of 1783. 4 vol. 
541. 



ASSURANCES. 
See Conveyances. 



ATKINS, JAMES. 
Admitted to the right of citizenship ; 
but not eligible to be a member of the 
Legislature, until he has resided in this 
State seven years. /5 vol. 65. 



ATTACHMENT. 

See Baj^. v 

r Persons residing out of or absent fron^ A 
/the Provirfce, having an action commenc- 
ed against them, their attorneys, goods, 
or chattels may be attached. 2 vol. 589. 

Chief Justice or Judge of Common 
Pleas to issue writ of attachment, to be 
directed to the marshal to attach money, 
goods, &c., in hands of possessor. 2 vol. 
589. 

Part to be attached in name of the 
whole. 2 vol. 589. 

Proceeding. 2 vol. 589. 

Duty and right of person in whose 
house attached. 2 vol. 589. 

To answer on oath, 2 vol. 590. 

Answer disputed, issue may be made 
up. 2 vol, 590, 

Goods attached not belonging to de- S 
fendant, plaintiff to pay costs. 2 vol, 590. 

Persons suing the writ of attachment, 
shall file his declaration some time before \ 
the sitting of the next court of common 
pleas. 2 vol. 590. 

Defendant allowed a year and a day to ^ 
plead. 2 vol, 590, 

Declaration, how served. 2 vol. 590. 

Proceedings by default. 2 vol. 590. 

Defendant allowed two years to come 
in and make his defence. 2 vol. 590, 

Plaintiff, upon filing his declaration, to \ 
give security to the Governor, to answer \ 
damages if he does not prosecute his suit y 
to effect: must make oath of the debt^^Vsl 
due on balance. 2 vol. 591. ^ 

If defendant be indebted to the person 
in whose hands the money or goods were 
attached, such person shall first be allow- 
ed his own debts, first proving the same. 
2 vol, 591. 

If goods attached be perishable, to be 
sold of order by chief justice. 2 vol. 591. 

Judgment satisfied, overplus to be re- 
turned, 2 vol, 591. 

■ Before execution be granted, the plain- 
tiff shall give security to the Governor to 
answer any suit in two years, 2 vol. 591. 

If any person appear for defendant, in 
case of attachment, and put in bail to 
answer the action, attachment shall be 
dissolved. 2 vol. 591. 

Proceedings against an absent debtor, 
his factor or agent, in case no goods can 
be come at, to be attached. 2 vol. 592. 






ATTACHMENT. 



19 



Money or goods taken from attorney or 
factor pursuant to this Act, shall be a dis- 
charge against all demands for the same 
by his principal. 2 vol. 592. 

Any inhabitant having occasion to take 
a voyage and return again with convenient 
speed, plaintiff shall wait for his return a 
year and a day. 2 vol. 592. 

This Act not to extend to any person 
bound from the Province to settle in any 
place, who, for two montiis before his de- 
parture, shall give notice of the same. 2 
vol. 593. 
( Former Act, 20th May, 1763, repealed.) 
^ vol, 593. y 

Goods, moneys, chattels, &.c., of ab- 
sent debtors, may be attached. 3 vol. 617. 

Writ of attachment to be directed to 
provost marshal, to attach the monies, 
goods and chattels, debts and book ac- 
counts of the absent debtor in the hands 
of any one, a part in the name of the 
whole. The party in whose hands they 
are, to be summoned, by serving him 
with a copy writ, with notice to appear; 
and if no body present, notice to be given 
of the things attached. 3 vol, 617. 

Mode of advertising notice ; person 
summoned must appear and make return. 
3 vol. 617. 

Or suffer judgment by default, and exe- 
cution awarded. 3 vol. 618. 

Goods, &c., to be adjudged the absent 
debtor's. 3 vol. 618. 

May appear and lay claim. Issue may 
be made to try the right. 3 vol. 618. 

Declaration of attachment to be filed 
in two months after the return of the 
writ, unless, on cause shewn, longer be 
given. 3 vol. 618. 

Copy of declaration to be served on 
wife or attorney, with order to plead with- 
in a year and day, or advertised' for a 
year and day. 3 vol. 618. 

Goods, (fee, attached, to be delivered 
to plaintiff on filing declaration, upon his 
giving bond with condition, &c. 3 vol. 
618. 

Plaintiff in attachment may sue for 
bonds, notes, accounts, &c., of absent 
debtor's. 3 vol. 619. 

To give receipts and acquittances. 3 
vol. 619. 

Plaintiff must make oath of debt on 
filing his declaration. 3 vol. 619. 



Discounts allowed. 3 vol. 619. 

Case of absent debtor indebted to the 
person in whose hands his goods are at- 
tached. 3 vol. 619. 

If any perishable articles are attached, 
on application, they may be sold. 3 vol. 
619. 

Absent debtor entering an appearance, 
and giving bond, within a year and a day, 
the attachment shall be dissolved. 3 vol. 
620. 

If absent debtor appears in two years, 
and disproves the "debt, he shall recover 
damages. 3 vol. 620. 

Provided, one about to leave the Pro- 
vince, giving notice in the gazette before 
his departure, not liable to attachment. 

3 vol. 620. ^^^^cc.^. ^c^dLx^^ 
D^bto!^ aosconding for the space of 3 

months, so that the process of law cannot 
be served upon him, shall be deemed to 
have departed from the Province, and his 
property liable to attachment, as under 
the Act of May 29, 1744, (No. 709.; 3 
vol. 731. 

Merchants, factors, &c., concealing 
themselves or absconding, deemed absent 
debtors, and may be proceeded against 
upon the Attachment Act. 4 vol. 92. 

Lands, lease-hold estates and chattels 
real, shall be made liable to be attached. 

4 vol. 544. 

Estate of an absentee may be attached, 
for tort, trespass, dec. 4 vol.544. 

Justices ot the peace authorized to is- 
sue attachments against the property of 
persons about to abscond or remove pri- 
vately out of the State or district. 5id^. 

It shall be lawful for., any justice of the 
peace, upon complaint to him made upon 
oath by any person, that his debtor is ab- 
sent from and out of the limits of this 
State, in all cases where the debt or de- 
mand does not exceed twenty dollars, to 
grant an attachment against tiie goods 
and chattels of such debtor, or so much 
thereof as shall be of value sufficient to 
satisfy the debt and costs of such plain- 
tiff — taking bond and security in the man- 
ner prescribed by law in other cases where 
justices are allowed to issue attachments ; 
which said attachment shall bo directed 
to some constable of the district or parish 
in which the said justice resides, and 



20 



ATTACHMENT. 



returnable before himself or some other 
justice of the peace thereof, who shall 
and may proceed and determine finally 
thereupon. 6 vol. 431. 

The goods and chattels levied on under 
such attachment, may be replevied, and 
proceedings had against garnishees, as in 
other cases of attachment where magis. 
trates have jurisdiction by law. 6 vol. 
432. 

A true copy of the proceedings of the 
justice, certified by him, shall be filed of 
record id the office of the clerk of the 
court of the district in which he resides. 
6 vol. 432. 

If the defendant shall appear within 
two years, he shall be at liberty to enter 
an appearance before the justice who 
issued the attachment, or before any other 
justice of the peace of the same district, 
who shall cause notice to be served on the 
plaintiff" or his surety, and shall deter- 
mine upon the case as to justice shall ap. 
pertain ; and either party shall have the 
same right of appeal from the judgment 
of the justice, as in other cases ; provi- 
ded, that if any person intending to leave 
the State, shall, for ten days previous to 
his departure, give notice of his intention, 
by a written notice put up at the court 
house of the district, and at the muster 
ground of the beat in v.'hich he resides, 
he shall not be liable to be proceeded 
against in his absenccj under this Act. 6 
voL 432. 

All and every authority given by the 
Act for the establishment of county courts, 
to. the county courts^ and to any justice, 
sheritT or constable, concerning the issu- 
ing, serving, returning attachments, or 
disposing of the property of persons who 
are absconding or removing privately out 
of a county, shall be, and the same is, 
given to the district courts, and other offi- 
cers, as in the above mentioned Act spe- 
cified. 6 vol. 629. 

By a justice of the peace, where the 
debtor is removing out of the county pri- 
vately. 7 vol. 218. 

Or absconds and conceals himself, so 
that the ordinary process of law cannot 
be served upon him. 7 vol. 213. 

May attach the estate of the debtor, or 
so much as will be of sufficient value to 
satisfy the plaintifl:''s debt and costs. 7 
vol. 213. 



May be served by the sheriff' of the 
county, and levied upon the slaves, goods 
and chattels of the party, wheresoever 
found, o! in the hands of any person or 
persons indebted to, or having any etFects 
of, the person absconding; and to summon 
such person to appear at the next court, 
to answer, upon oath, what he or she is 
indebted to such person, and what effects. 
7 vol.' 213. 

The court may compel the garnishee to 
appear and answer. 7 vol. 213. 

Justice to take bond and security, be- 
fore issuing attachment, of the plaintiff", 
in double the amount to be attached, 
payable to the defendant, to satisfy his 
costs, in case plaintiflT discontinue, or be 
cast, and damages for suing out such at- 
tachment. 7 vol, 213. 

The bond to be returned to the court 
to which the attachment is returnable. 7 
vol. 213. 

The party entitled to costs and dama- 
ges, may bring suit on it. 7 vol. 213. 

Every attachment issued without such 
bond, or where no bond shall be returned 
as aforesaid, declared to be illegal and 
void, and dismissed with costs. 7 vol. 
214. 

All attachments repleviable by appear- 
ance and putting in special bail, if by the 
court so ruled, or by giving bond, with 
good security, to the sheriff" or other offi- 
cer serving the same, (w^hich bond the 
officer is required to take,) to appear at 
the court to wiiich such attachment shall 
be returnable, and to abide by and per- 
form the order and judgment of the court. 
7 vol. 214. 

If security, upon motion, shall be ad- 
judged insufficient by the court, and the 
defendant fail to appear and give special 
bail, if thereunto ruled by the court, such 
officer or security shall be subject to the 
same judgment and recovery, and have 
the same liberty of defence and relief, as 
if such defendant was legally present in 
court. 7 vol. 214. 

Justice shall issue an attachment where 
the creditor swears how much is due him, 
and that he has just grounds to suspect, 
and verily believes, that such debtor in- 
tends to remove his effects. 7 vol. 214. 

To be directed to all sheriffs, and re- 
turnable to the justice's next county 
court. 7 vol. 214. 



ATTACHMENT. 



21 



Effects may be seized by the sheriff or 
his deputies in any county through which 
the bebtor may be going with his effects, 
and the attachment returned to the court 
of the county to which it was made re- 
turnable. 7 vol. 214. 

Proceedings thereupon, as in other ca- 
ses of attachment. 7 vol. 214. 

Provided, that if the sum exceeds fif- 
ty pounds in an open account, the attach- 
ment shall be returnable to the circuit 
court of the county. 6 vol. 214. 

Where the debt does not exceed three 
pounds, and the debtor is about to remove, 
or is removing, out of the count)- private- 
ly, or so absconds or conceals himself 
that a warrant or summons cannot be 
served upon him, that the summons shall 
be returnable before the justice, or some 
other, who shall determine thereupon. 7 
vol. 214. 

If the writ is returned and the goods not 
replevied, the subsequent proceedings shall 
be the same as on original process against 
the body of the defendant where there is 
default. 7 vol. 214, 

All goods attached and not replevi- 
ed, to be sold to satisfy the judgment, in 
the same manner as on Ji. fa. 7 vol. 
214. 

Where an attachment shall be returned 
served in the hands of any third person, 
it shall be lawful, upon his appearance, 
dtc, to enter up judgment as against 
the original debtor, and award execution 
against every such such third person ^ 
for such money as may be due from 
him to the absconding debtor, or such 
effects as may be in his hands, of the 
debtor, or as will suffice to satisfy the 
judgment and costs of plaintiff. 7 vol. 
215. 

The same power given to justices of 
the peace for issuing attachments against 
a party about to abscond, or removing 
privately, out of the State or districtj in 
counties where there are no county courts, 
as where there are ; and also, to the 
sheriff and constable. 7 vol. 246. 

Writs of, grantable of common right, 
on plaintiff's giving bond to the defend- 
ant in double the amount for which the 
attachment issues, to be lodged with 
the clerk of the court of the district, to 
be answerable for all damages the de- 
fendant may sustain by any illegal con- 



duct in obtaining the attachment. 7 vol. 
294. 

In what case an attachment may issue 
to compel an answer, where the bill has 
been taken jiro-confesso. 



ATTACHMENTS UPON RESCOUS, 
CONTEMPTS. 
See Writs. 

ATTAINT. 

Act against perjury and untrue ver- 
diets. 2 vol. 459 

Attaint, where the thing in demand ex- 
tendeth to £10, and concerneth not 
man's life. 2 vol. 459 

The process in attaint. 2 vol. 460 

Jurors in attaint must be worth 20 
marks a year. 2 vol. 4G0 

Distress, when to be awarded. 2 vol. 
460 

Grand jury, awarded by default. 2 
vol. 460 

Pleas of petit jury in attaint. 2 vol. 
460 

Pleas of defendant in attaint. 2 vol. 
460 

Forfeiture of the petit jury attainted. 
2 vol. 460 

If the plea of the party defendant be 
found against him. 2 vol. 460. 

Outlawry or excommunication, no plea 
against the plaintiff in forfeiture of the 
grand jury making 
ance. 2 vol. 460 

How long attaint 
vol. 460 

Attaint of a thing under the value of 
£10. 2 vol. 461 

Tales in another county, if there be not 
sufficient freeholders in the same county. 
2 vol. 461 

Attaint for him in reversioner remain- 
der. 2 vol. 461 

Non-suit in attaint. 2 vol. 461 

Attaints must be sued in the King's 
Bench or Common Pleas. 2 vol. 461 

Nisi pnus in attaint. 2 vol. 461 

Attorney in attaint. 2 vol. 461. 

Judgment and execution in attaint. 2 
vol. 461 

Non-suit or release of one plaintiff, 
shall not prejudice his companions. 2 
vol. 461 

How writ of attaint to be marked. 2 
vol. 462 



default of appear, 
is maintainable. 2 



22 



ATTORNTES AT LAW. 



See note. 2 vol. 716 



ATTORNEY AND SOLICITOR. 
Punishment of, when found in default. 
2 vol. 447 



ATTORNIES AT LAW. 

How attornies shall be admitted, (1785.) 
4 vol. 669. Altered. See post. 

Of those who have served clerkships, 
or have studied abroad. 4 vol. 669 

Of persons admitted in any of the U. 
States. 4 vol. 669 

Oaths to be taken by persons admitted. 
4 vol. 669 

Proviso, that any one may plead his 
own case. 4 vol. 669 

Conditions of admission, being citi- 
zens of the State. 5 vol. 289 

Time and mode of application, and 
manner of examination. 5 vol. 290 

Mode of admission of citizens of anoth- 
er State. 5 vol. 290 

Attornies and Solicitors who study four 
years in the office of an attorney, in 
another State, may, upon examination, 
be permitted to practice in this State, he 
producing a certificate from the lawyer 
in whose office he studied ^ that he had 
studied four years in his office. 5 vol. 
416 

Acts regulating the admission of attor- 
nies and solicitors, altered and amended, 
and rules prescribed for their admission. 
5 vol. 521, 522 

Any citizen 21 years of age, of good 
moral character, may, upon examination 
by the judges of the courts of law and 
equity, respectively, be admitted to prac- 
tice law in the courts, if they shall deem 
him properly qualified. 5 vol. 678 

Application to be made by petition to 
the respective courts, and evidence pro- 
duced of moral character, and the peti- 
tioner rigidly examined upon the theory 
and practice of law, and the principles 
and practice of equity. 5 vol. 678 

Any citizen of Georgia shall be admit- 
ted to the practice of the courts of this 
State, who shall produce to the court 
where application for admission shall be 
made, a certificate of a judge of the 
court of common pleas or equity, (as the 
case may be,) of the State of Georgia, 
under the seal of the said court, stating 



that he has practiced for three years, im^ 
mediately preceding, in the court to 
which the judge belongs, as an attorney 
or solicitor, (as the case may be,) and 
has maintained a good moral and profes- 
sional character. 6 vol. 239. 

To pay the usual fee and take the usu- 
al oath. 6 vol. 240 

From North Carolina, how admitted to 
practice in this State. 6 vol. 337 

No one to practice in the courts of law 
or equity, unless he has been admitted 
and sworn by the chief justice and judges 
of the general and supreme court, at 
Charleston, under penalty of j£100, for 
every cause he shall solicit. 7 vol. 173 

Any person may plead his own cause, 
or, upon leave of the court first had, plead 
the cause of another, if he declares, on 
oath, that he has not, and will not accept 
a fee for the same. 7 vol. 174. 

No one to practice as such, unless he 
has been admitted a Barrister at Law, or 
an attorney thereof, by the Court of 
Common Pleas, in Charleston, or an At- 
torney of the particular Court, and be an 
inhabitant of the Province. 7 vol. 202 

Attorney mav have execution for his 
fees. 7 vol. 264 

No person to practice as an attorney or 
solicitor, whose known and established 
residence is not within the State ; and all 
writs and other process issued, or plead- 
ings filed, by or on part of Attornies or 
Solicitors residing out of the State, de- 
clared illegal, and may be quashed on 
motion. 7 vol. 280 



ATTORNEY, POWER OF. 

If any agent constituted by power of 
attorney, or other authority, shall do any 
act for his principal which would be law- 
ful if such principal were living, the same 
shall be valid and binding on his estate, 
although he or she may have died before 
such act was done ; provided, the party 
treating with such agent dealt bonajide, 
not knowing at the time of the doing of 
such act, that such principal was dead. 6 
vol. 359 

If any note or bill, whether filled up 
before or after having been signed or in- 
dorsed, shall be passed away after the 
death of such drawer or indorser, by an 
agent duly constituted in his or her life- 



ATTORNEY GENERAL AND STATE SOLICITORS. 



23 



time, the same shall be valid and binding 
on his or her estate, in like manner as 
though he or she had not died before such 
passing away ; provided, the note was so 
received bona fide, without a knowledge 
of such death, and that the act of the 
agent would have been binding on the 
principal if it had been done before such 
death. 6 vol. 360 

Provided, also, the act to be done, 
either under the power of attorney or au- 
thority, or in relation to the bill or note, 
be done within nine months after the 
death of the principal, or of the drawer 
or indorser, of such note or bill. 6 vol. 
360 



ATTORNEY GENERAL AND STATE 
SOLICITORS. 

Forbid to leave the State without per- 
mission of the Governor, upon forfeiture 
of his office. 5 vol. 126 

Governor authorized to grant leave of 
absence in case of sickness, and to fill 
vacancy of those who leave the State 
without permission. 5 vol. 126 

In all cases where the rights of the 
State are involved, it shall be the duty of 
the person claiming under the State, to 
call upon the Attorney General or Solici- 
tors, in their respective districts, to de- 
fend the right of the State ; on failure of 
which, such record shall not be evidence 
against the State. 5 vol. 571 

To render an account annually to the 
Comptroller, by 1st Monday in October, 
of all fines and forfeitures inflicted in his 
circuit within the preceding year. 5 vol. 
588, 611, 632, 659, 687, 710 

Penalty for neglect. 5 vol. 612, 632, 
659, 687, 710 

To compel the commissioners of roads, 
poor, &c. to account to clerk, and the 
clerk to comptroller. 5 vol. 658, 659, 
686, 709, 733 

Hereafter to hold office for four years, 
and until another be elected. 5 vol. 674 

To give bond and two sureties, in the 
sum of $10,000, before entering on the 
duties of his office. 5 vol. 675 

To sue such commissioners of roads, 
and of the poor, of public buildings, and 
of inland navigation, as have not account, 
ed according to law, by 1st September, 
9.nd such clerks of courts as have not 



transmitted returns made to them to the 
comptroller, for the penalties in such ca- 
ses provided. 5 vol. 709, 733 

His official bond to be approved of by 
the comptroller. 5 vol. 723 

To sue for and recover the penalties of 
commissioners of the poor, dtc. and clerks 
of the court, who do not make their an- 
nual returns to the comptroller, on or be- 
fore the 1st September, except the com- 
missioners of St. Philip's and St. Micha- 
els, who shall account to the City Coun- 
cil of Charleston. 6 vol. 9, 10 

On the 1st October, every year, to 
furnish the Comptroller with a statement 
of all debts due to the State, in his pos- 
session, shewing the names of the debt, 
ors, the amount of debts, the interest, 
the payments made, and the balance due 
to the State. 6 vol. 108 

On failure to do so, to forfeit $200, to 
be recovered by action, in any court of 
competent jurisdiction. 6 vol. 108 

To hold his office for four years, and 
until his successor is elected, commission, 
ed and enters upon his duties. 6 vol. 
120 

In making his annual return to the 
Comptroller General, to send him also a 
duplicate. 6 vol. 139 

On or before the 1st of January and 
August, every year, to make, to the Pre- 
sident and Directors of the Bank of the 
State, or to the President and directors 
of its branches, a full and particular re- 
turn of the business placed in his hands 
by any of the officers of the said bank 
or branches. 6 vol. 196, 224 

Penalty for neglect, $500, to be with- 
held by the Comptroller from his salary, 
until the return be made. 6 vol. 196, 
224 

On or before the 1st October, every 
year, to make return to the Comptroller 
of all fines and forfeitures within his cir- 
cuit, for the preceding year, a copy of 
which return the Comptroller shall fur. 
nish to the Treasurer of the upper or 
lower division, who shall open on his 
books an account with the Attorney Gen- 
eral, in which he shall charge him with 
all fines and forfeitures so reported. 6 
vol. 226 

The Attorney General shall, within his 
circuit, collect all fines and forfeitures, 



24 



ATTORNEY GENERAL AND STATE SOLICITORS, 



and pay them over by the 1st December, ' 
every year, and return such as have been 
returned nulla bona, or remitted by the 
Governor ; and he shall be credited by 
the Treasurer with all cases thus return- 
ed. 6 vol. 226 

It shall be the duty of the Attorney 
General and Circuit Solicitors, and they 
are authorized and required, to examine, 
annually, and at such times as they may 
deem expedient, into the condition of the 
offices of the Clerks of the Courts, She- 
ritis. Ordinaries, Master and Commission- 
er in Equity, or Rej^ister in Equity or 
Mesne Conveyances, of the several dis- 
tricts in their respective circuits, and to 
ascertain if the said several officers, res- 
pectively, shall have discharged all the 
duties, and performed all the services, 
which now are, or shall hereafter be, re- 
quired of them, respectively, by law; 
and to make a report of the condition of 
said offices, and the manner in which the 
said several officers, respectively, shall 
have discharged their duties, to the courts 
of law of the several districts, respec- 
tively, at the fall term in each year, and 
also to the Legislature, at each annual 
session. 6 vol. 577 

As a compensation for the additional 
duties required of the Attorney General 
and Circuit Solicitors, by this Act, their 
salaries shall be increased, each, by the 
sum of $200. 6 vol. 578 

May appoint deputies ; but if neither 
he nor his deputy be present, the court 
may appoint a Barrister or Attorney at 
law, to prosecute, and to be allowed the 
fees. 7 vol. 204 

Three Circuit Solicitors to be elected 
by the Legislature, to do the duty of the 
Attorney General on the Northern, South- 
ern and Western Cn-cuits ; to give ad- 
vice to the Governor and other State offi- 
cers, in public matters ; to assist each 
other or the Attorney General in suits or 
prosecutions in behalf of the State, when 
directed by the Governor ; to attend the 
Legislature when in session ; to draught 
and engross all such Bills as the two 
Houses may direct ; to have all the privi- 
leges, and be subject to all the liabilities, 
of the Attorney General ; and to have a 
salary of £100. 7 vol, 275 

Solicitors to assist in turn the Attorney 
General. 7 vol. 275 



They may appear for and defend crim- 
inals, when their duty does not call upon 
them to prosecute, or their assistance re- 
quired. 7 vol. 275 

One for each circuit of the State. 7 
vol. 285 

Solicitors to receive a salary of $500 
per annum. 7 vol. 300 

To attend prosecutions in the Inferior 
City Court of Charleston, 7 vol. 320 



ATTORNMENT. 

See Conveyance. 

All grants and conveyances, &c., to be 
good without attornment of tenants. 2 
vol. 434. 

Proviso. 2 vol. 434. 

Attornment of tenants to strangers, 
void. 2 vol. 575. 

Exception. 2 vol. 575. 



AUCTION AND AUCTIONEERS. 

See Vendue. 

Tax to be paid bv Vendue Masters, 4 
vol. 497. 

Vendue masters and owners forbidden 
to bid at auctions. 4 vol. 498. 

Penalty for such otience. 4 vol. 498. 

Goods not to be sold without a license. 
4 vol. 498. 

Penalty for so doing. 4 vol. 498. 

No person to act as vendue master 
without special commission. 4 vol. 498. 

To continue for one year. 4 vol. 499. 

Auctioneers to pay two and a half per 
cent on all sales. 4 vol. 562. 

Who shall be Auctioneers. 4 vol. 562. 

To render an account of sales to trea- 
surers every two months. 4 vol. 562. 

Penalty on neglect. 4 vol. 562. 

Penalty for acting as auctioneer with- 
out giving bond. 4 vol. 562. 

Vendue licenses to cease, and new ones 
be obtained. 4 vol. 670. 

Oath of vendue masters and auctio- 
neers. 4 vol. 67Q. 

Qualification of an auctioneer. 4 vol, 
670. 

Penalty for selling without a license. 
4 vol. 670. 

Tax on sales at auction. 4 vol. 670. 

Auctioneers to recover by summary 
process. 4 vol. 671. 

Duties to be paid in indents, when sold 
for the same. 4 vol, 671. 



AUCTION AND AUCTIONEERS. 



25 



Books of auctioneers to be laid before 
the commissioners of the treasury. 4 
vol. 671. 

Penalty in case of neglect or refusal. 
4 vol. 671. 

Commissioners to recover all duties 
and taxes. 4 vol. 672. 

Ordinance of 1783. (4 vol. 672.) 

Repealed. 4 vol. 672. 

Commissioners to make good all losses 
incurred by their neglect. 4 vol. 672. 

Persons not complying with the condi- 
tions of sale, liable to all losses. 4 vol. 
672. 

Proviso, that notice be given. 4 vol. 
672. 

Duties on land and negroes sold at 
auction, repealed. 5 vol. 81, 82. 

Tax on sales at auction, repealed. 5 
vol. 612. 

City Council of Charleston authorized 
to impose such tax, provided it be not laid 
on property heretofore exempted. 5 vol 
612. 

Suits against Vendue Masters or Auc- 
tioneers for goods sold, made summary. 
6 vol. 3. 

Judges to make such summary rules 
and orders as to expedite such causes. 6 
vol. 4. 

Auctioneers or Vendue Masters not en- 
titled to prison bounds or insolvent laws, 
when sued for money received for goods 
sold by them as such. 6 vol. 4. 

Provided, not to be answerable for los- 
ses occasioned by act of God, a public 
enemy, or any other cause which men 
could not prevent or foresee. 6 vol. 4. 

Sheriff to give plaintiff ten days notice 
that Auctioner or Vendue Master is com- 
mitted at his suit, and may discharge him 
if plaintiff does not give security to the 
Sheriff to support him while in gaol. 6 
vol. 4. 

The Act depriving Auftioneersor Ven- 
due Masters of the benefit of the insolvent 
debtors' or prison bounds Act, repealed. 
6 vol. 208. 

Any citizen of the State shall be at 
liberty to sell, at auction, either his own, 
or the property of any other ; provided, 
he secures to the State or city, as the case 
may be, the duties which are or may be 
imposed by law on sales at auction. 6 
vol. 209. 

VOL. X— 4. 



Every Vendue Master and Auctioneer, 
before he shall act in such capacity, shall 
give to the Council of the city or town 
where he may reside, full and ample se- 
curity for the due and faithful performance 
of his duty as auctioneer or Vendue 
Master, as the case may be. 6 vol. 209. 



AUDITOR GENERAL. 

Not to leave the State without permis- 
sion of the Governor, upon forfeiture of 
bis office. 5 vol. 12Q. 

Governor authorized to fill such vacan- 
cy, and to grant leave of absence in case 
of sickness only. 5 vol. 126. 

Allowed to send for persons and papers 
to elucidate accounts. 5 vol. 128. 



AUDUBON. 
Appropriation to purchase his Ornitho? 
Icgv. 6 vol. 455. 



AUSTIN, ROBERT. 
Appointed comptroller of the country 
duties. 3 vol. 595 



AUTHORITY. 

Ordinance of General Assembly, suffi. 
cient authority to draw money. 2 vol. 
327. 

All authority given by Acts to the 
Governor, or any other officer, to be ex. 
ercised by officers appointed under the 
constitution of 1776. 4 vol. 351, 334. 

Commissioners of wards &c. to exer. 
cise the same authority. 4 vol. 351,385. 

Penalty for refusing to act. 4 vol. 35L 

AVELEIGH CHURCH. 
Incorporated. 6 vol. 536. 



AVINGER, MARY. 
The right of the State in her estate, 
vested in the heirs at law of Gutlip Avin. 
ger. 6 vol. 430. 

AVOWRY. 
See Distress. Replevin, 



BAIL. 

See Commissioners of Bail. 

In what manner justices of peace may 
bail persons arrested of felony or suspicion 
(hereof. 2 vol. 482. 



26 



BAIL. 



None shall be let to bail, which be for. 
bidden by the Statute of 3 Ed. 1, c. 15. 
2 vol 482. 

If not in open session, two justices to 
bail ; one of the Quorum. 2 vol. 482. 

Justices' duty in bailment of a pri- 
soner, extended to such as shall be 
committed for manslaughter. 2 vol. 482. 

Coroner's duty upon an inquisition 
found before him. 2 vol. 482. 

Penalt}^ of any justice of peace or 
coroner, omitting his duty. 2 vol. 483. 

Removing of a prisoner or recogniz- 
ance. 2 vol. 483 

Persons arrested by process out of the 
King's Bench or common pleas, not ex- 
pressing the cause of action, how to be 
bailed and set a liberty, upon their own 
bonds for appearance. 2 vol. 514 

Bonds (given for) discharged upon ap- 
pearance. 2 vol. 515 

Where exigent lieth after judgment, or 
to make the bail appear, excepted. 2 vol. 
516. 

Prisoners hail to have a writ to sheriff 
to detain prisoners, &c. who have escap- 
ed and been returned. 2 vol. 559. 

Sheriff, &;c. afterwards suffering pri- 
soner to escape, liable to such action, &c. 
as marshal or warden, &c. 2 vol. 559. 

Penalty on sheriff", &;c. neglecting to 
make return of such writ. 2 vol. 559. 

Reddidit se to be entered on the bail 
bond. 2 vol. 559. 

If any person appear for defendant, in 
case of attachment, and put in bail to an- 
swer the action, the attachment shall be 
dissolved. 2 vol. 591. 

When return of writ is made, cepi cor- 
pus, the name of the hail must be en- 
dorsed on the writ. 3 vol. 119. 

The Clerks of the Courts, Justices of 
the Quorom, or any of the Judges, may 
grant orders for bail at any time during 
the pendency of any suit, in like manner 
as such orders are granted at the com- 
mencement. 6 vol. 337. 

Any Judge or Clerk of the Court, upon 
affidavit of any plaintiff intending to com- 
mence suit in trover, for the conversion 
of any specific chattel, that such chattel 
belongs to him, and has been converted 
by the defendant, to make an order, re- 
quiring the Sheriff to cause the defendant 
to enter into bond, with sufficient sure- 



ties, to the Sheriff of the district where 
suit is brought, for the production of the 
chattel sued for, to satisfy the plaintiff's 
judgment, in case he recovers; and such 
specific chattel shall be liable to satisfy 
plaintiff's judgment, to the exclusion of 
all other creditors. 6 vol. 337. 

Plaintiff, before filing his declaration, 
to give bond and security to the defen- 
dant in double the value of such chattel, 
to be taken by and lodged with the Clerk 
of the district, to be answerable for all 
damages which defendant may sustain by 
any illegal conduct in commencing or 
conducting said action of trover. 6 vol. 
337. 

No person shall be held to bail on any 
writ ol capias ad resjwndendum for debt, 
unless an affidavit be made before, and 
attested by, some Judge or Justice of the 
Peace, and indorsed on or annexed to 
the writ before the service thereof, of the 
sum really due ; nor for any other cau,se 
without a Judge's order, on probable cause 
of action shewn, to be endorsed on or 
annexed to the writ, expressing the sum 
for which the bail shall be given. 7 vol. 
204. 

When any process from the County, 
Courts shall be executed wherein com- 
mon bail shall be requirable, the sheriff 
shall return the name or names of the bail 
taken by him; and if he shall not return 
bail, or the bail be adjudged insufficient 
by the Court, or the defendant fail to ap- 
pear or give special bail, when ruled 
thereto by the Court, such sheriff or bail 
shall be subject to the same judgment or 
recovery, and the same defence and re- 
lief, as in the Supreme Court. 7 vol. 215. 

Where plaintiff shall move for special 
bail, upon defendant's appearance, the 
court may, at discretion, rule him to bail 
accordingly, or commit him, on failure, 
to the sheriff, until bail be given. 7 vol. 
215 

The special bail to be liable to the judg- 
ment, unless the body of the defendant 
be rendered in execution in discharge of 
such bail. 7 vol. 215 

No special bail requirable in any suit 
on a penal law, unless by such law bail 
is expressly required. 7 vol. 215 

No proceedings to be had against the 
bail in any jurisdiction, until judgment 



BAIL. 



27 



and execution against the principal, and 
a return of nulla bona or non inventus. 
Then the plaintiti" may sue forth a scire 
facias against the bail, to shew caase 
why the execution for the judgment and 
costs, should not issue against him. 7 
vol. 216 

On return of such scire facias served^ 
judgment shall be entered against the 
bail, and execution. 7 vol. 216 

If the sheriff return on the scire facias, 
non inventus, or that he resides in some 
other county, an alias shall issue to the 
sheriff. of that county, who shall execute 
and return the same to the court of com- 
mon pleas or county court from whence 
it issued ; and if an alias scire facias 
shall issue on the general return of non 
inventus, and the like return made the 
second time, the plaintiff shall have judg- 
ment and execution against the bail, as 
if he had been personally served with the 
writ ; provided) the common bail be not 
deprived from appearing and entering 
himself special bail, at any time before 
judgment signed, in such action. 7 vol. 
216 

In case of non est inventus, the plain- 
tiff may sue out an attachment against 
the estate of the defendant, returnable as 
before, and an alias, &c.; and if goods 
be returned attached, the plaintiff shall 
defclare and take judgment on writ of en- 
quiry, and the goods remain in custody 
and be sold to satisfy the judgment, as on 
f.fa ; and if the judgment be not satis- 
fied, the plaintiff may have an execution 
against the person or effects of the defen- 
dant, for the balance ; provided, all goods 
so attached may be replevied by the de- 
fendant, on entering special bail. 7 vol. 
216 

The Judges of the County Courts, in 
those districts where County Courts are 
established, and Justices of Quorum in 
other districts, and the clerks of the seve- 
ral District Courts, in their districts, au- 
thorized and required to give orders for 
reasonable bail, on proper affidavits made, 
in such actions as may be commenced in 
any of the Superior Courts of Law, 
where bail may be proper, but not grant- 
able of course ; and such Judges and 
Justices shall and may also take recog- 
nizances of special bail, in legal form, in 



any causes in the said courts, and certify 
and transmit the same to the judges or 
clerks thereof. 7 vol. 275 

The Clerk of the Court or any Justice 
of Quorum, on proper affidavits,- to grant 
orders for bail, or take recognizance of 
special bail. 7 vol. 294 

In all actions wherein the defendant 
shall be held to bail by the sheriff serving 
the writ or process, the bail so given to 
the sheriff shall be entitled to all the 
rights, privileges and powers of special 
bail, and may surrender his principal in 
discharge of himself, or the principal sur- 
render himself in discharge of his bail, 
in the same manner and to the same ex- 
tent as special bail are now entitled to ; 
any law, usage or custom, to the contra- 
ry in any wise notwithstanding. 7 vol. 
309 

It shall not be necessary hereafter for 
any bail to obtain a Judge's order for 
leave to surrender his principal. 7 vol. 
309 



BAIL BOND. 

"Taken by sheriff, &c. may be assigned 
to plaintiff. 2 vol. 436 

How assigned. 2 vol. 436 

Proviso. 2 vol. 43l6 

May be sued in plaintifi^'s name. 2 
vol. 436 

BAILIFFS OF HUNDREDS. 
Sheriffs, Bailiffs of Hundreds and Es- 
cheators, shall have sufficient in the coun- 
ty. 2 vol. 425 



Baker, richard bohun. 

Confiscated property of Richard Pen- 
darvis, to be vested in Richard B. Baker. 
4 vol. 597 

BALDY, M. 

Further indulgence granted he^'. 6 
vol. 26 

Proceedings against her stopped, on cer- 
tain conditions. 6 vol. 52 



BALDY, S. 
Proceedings against stayed. 5 vol. 660, 
693, 716, 733 

BALLAST. 
Stone ballast for use of the public. 3 
vol. 495 



28 



BALLAST. 



To be landed where comnQissioners shall 
direct. 3 vol, 496 

Ten shillings per ton to be paid, besides 
the encouragement alreadv given. 3 vol. 
4D6 

Duty on beacons and buoys, remitted 
to such captains as shall land stone bal- 
last at particular places. 3 vol. 496 

Not to be thrown over in any part of 
Charleston harbour. 7 vol. 6 

Not to lie below the line on which the 
wharf wall is to be built, 7 vol. 6 

Fines and forfeitures, how recovered. 
7 vol. 7 



BANISHMENT. 

See Confiscation Acts. 

Pronounced against those who do not 
take the oath of allegiance to the State. 
4 vol. 452 

Certain persons banished after the Rev- 
olution. 4 vol. 516, 553 



BANKS. 

See Corporations. 
L Banks generally. 

II. Bank of Camden. 

III. Bank of Charleston. 

IV. Bank of Cheraw. 

V. Bank of Georgetown. 

VI. Bank of Hamburg. 

VII. Bank of Hamburg. 

VIII. Bank of South Carolina. 

IX. Bank of the State. 

X. Commercial Bank of Columbia, 

XI. Merchants'' Bank, at Cheraw. 

XII. Planters' and Mechanics' Bank. 
Xm. State Bank. 

XIV. South-western Rail Road Bank. 

XV. Union Bank. 

I. BANKS GENERALLY. 

See Bills of Credit. 

The Act of l.^th February, 1723, 
speaks of " the Commissioners of the 
Bank ;" of the " Bank Act," &c. The 
Editor has found no Act in relation to 
either, but observes that Judge Brevard 
says, " that in 1712, a public Bank 
was established, and the issue of bills 
amounted to £48,000, which were called 
Bank bills, and, like our present money, 
miaht be loaned out." See introduction 
to Brevard's Digest, p. 11. Dr. Cooper's 
note to 2 vol. of the Statutes, 711. 2 



vol. Ramsay's South Carolina, 163. AH 
that can be found on the subject in 1712, 
in the Statutes, is the title, given by 
Trott, of "An Act to raise £52,000, 
by stamping and establishing new bills of 
credit, and putting the same out to inter- 
est, in order to call in and sink the former 
bills of crt^dit, and thereby give a farther 
encouragement to trade and commerce." 
2 vol. 389 

See also 3 vol. 232, where the Act of 
1712 is partly recited. See the construc- 
tion given to " bills of credit — State vs. 
Billis, 2 McCord's R. 12. 

It appear? from the Act of 1723, 3 vol. 
232, that by the Bank Act of 1712, com- 
missioners were authorized to lend £52,- 
0l)0 on bonds. That an interest of £12 
10s. was deir.anded on each £100, and 
that execution could be taken out in favor 
of the public, in ten days after the expi- 
ration of the year, for the interest due 
that year. The money was lent for 12 
years. 3 vol. 232 

The old commissioners not being able 
to attend, another set appointed, with the 
same powers, to issue executions, &c. 
with the same compensation and oath. 3 
vol. 233 

Chief Justice may issue executions 
against defaulters, instead of the commis- 
sioners. 3 vol. 246. See Ante. 3 vol. 
233 

No Bank incorporated in this State 
shall be compelled to pay any of their 
bills which have been cut in half or divid- 
ed, unless both halves are presented, or 
unless the person producing one half and 
claiming payment ibr the whole, shall 
lirst give bond and sufficient sureties to 
the Bank, as an indemnity against any 
loss which it may sustain by paying the 
bills. 6 vol. 18J 

None but the Bank of the State to 
issue bills under $5. 6 vol. 34. 8 vol. 14 

Ally bank in this State may loan for 
twelve months, on negotiable paper, and 
give credit to any bank in any State. 8 
vol. 36 

Any bank may invest part of its capi- 
tal in the stock of this State, or of the 
United States, if not prohibited. 8 vol. 
36 

No bank liable to pay bills cut in half, 
unless security be given for the other half. 
S vol. 39 



BANKS. 



29 



Protest of any Notary since dead, or 
living out of the district, sufficient evi- 
dence of notice. 8 vol. 39 



ri. BANK OF CAMDEN, 

Incorporated. 8 vol. 79 
Commissioners appointed. 8 vol. 79 
Subscriptions, and amount. 8 vol. 79 
Term of charter. 8 vol. 79 
To continue until 1st January, 1856. 

8 vol. 79 

Number of shares allowed to be held. 

8 vol. 80 

When books may be opened again. 8 

vol. 80 

Election of directors. 8 vol. 80 
Oaths administered. 8 vol. 80 
Powers vested in the corporation. 8 

vol. 81 

Shares, how apportioned, &;c. 8 vol. 

81 

Votes, how apportioned. 8 vol. 81 
Who shall not be directors. 8 vol. 82 
Formation of a board for the transac- 
tion of business. 8 vol. 82 

Powers vested in the directors. 8 vol. 

82 

Directors not to charge for certain ser- 

vices. 8 vol 82 

Meetings, how called. 8 vol. 82 
What property the bank may hold 8 

vol. 82 

Certain requisites to be complied with 

before entering into business. 8 vol. 82 
Bonus of $5,000. 8 vol. 83 
Exempt from taxes. 8 vol. 83 
Bills, how payable. 8 vol. 83 
Debts not to exceed three times the 

amount of capital. 8 vol. S3 

Restrictions in trading, except in cer- 
tain cases. 8 vol. 83 

Bills to be taken in payment for debts 

due to the State. 8 vol. 84 

Dividends, how made. 8 vol. 84 
Stockholders, how liable in case of 

failure. 8 vol. 84 

Capital may be increased. 8 vol. 84 
In case of dissolution, the assets to be 

divided. 8 vol. 84 



III. BANK OF CHARLESTON, 

Incorporated. 8 vol. 74 
Commissioners appointed. 8 vol. 74 
To continue until 1st June, 1856. i 
vol. 74 

Powers of the corporation. 8 vol. 74 



No bill less than $5. 8 vol. 75 

Subscription, how to be paid. 8 vol. 
75 

Directors not to be elected until second 
instalment is paid. 8 vol. 75. 

Privilege to increase amount of capi- 
tal. 8 vol. 75 

Number of votes to which each stock- 
holder is entitled. 8 vol. 75 

Directors to be elected. 8 vol. 75 

Who may be directors. 8 vol. 76 

Organization of the board of directors. 
8 vol. 76 

Power of directors. 8 vol. 76 

Officers exempt from ordinary militia 
duty. 8 vol. 76 

No officer to carry on certain kinds of 
business. 8 vol. 76 

No director or officer to receive com- 
pensation for negotiating any discount, 
&c. 8 vol. 76 

Meetings of stockholders may be call- 
ed. 8 vol. 77 

Amount of property the bank may hold. 
8 vol. 77 

When the bank may commence busi- 
ness. 8 vol. 77 

Bonus, 2| per cent on the capital. 8 
vol. 77 

Exempt from taxes. 8 vol. 77 

Bank stock assignable and transfera. 
ble. 8 vol. 77 

Bills or notes of the bank, binding as 
private notes. 8 vol. 77 

Debts not to exceed three times the 
amount of stock. 8 vol. 77 

Corporation not to purchase any public 
debt, except State stock, or that of the 
United States. 8 vol. 78 

Notes receivable, unless under protest. 
8 vol. 78 

Dividends to be made. 8 vol. 78 

Accountability of stockholders. 8 vol. 
78 

Duties of directors. 8 vol. 78 

Times for receiving subscriptions. 8 
vol. 79 

No loan on pledge of stock until 12 
months after the whole capital is paid in. 
8 vol. 79 



IV. BANK OF CHERAW. 
Incorporated. 8 vol. 45 
Subscriptions to be opened. 8 vol. 45 
Duration of charter. S vol, 45 
Directors to be chosen. 8 vol. 46 



30 



BANKS; 



Officers appointed. 8 vol, 46 
Fundamental articles. 8 vol. 46 
Debts of the corporation limited. 8 

vol. 46 

Who not to be a director. 8 vol. 47 
Not permitted to purchase public debt. 

8 vol. 47 

Stockholders bound for twice the 

amount of their shares. 8 vol. 47 

Notes binding, though not under seal. 

8 vol. 47 

Dividends to be made. 8 vol. 48 
Capital divided into 2,000 shares. 
Half to be paid in specie. 8 vol. 48 
Corporation bound to pay specie. 8 

vol. 48 

When to be dissolved. 8 vol. 48 
Bonus of $4,000 to be paid into the 

treasury. 8 vol. 48 



V. BANK OF GEORGETOWN. 

Incorporated. 8 vol. 91 

Commissioners appointed. 8 vol. 91 

To continue until 1st. January, 1857. 
8 vol. 91 

Powers of the corporation. 8 vol. 91. 

Apportionment of shares. 8 vol. 92. 

Regulation of votes. 8 vol. 92 

Directors and President. 8 vol. 92. 

Oaths. 8 vol. 93. 

Qualification of directors. 8 vol. 93. 

What shall constitute a board. 8 vol. 93 

Powers. 8 vol. 93 

Exemption from militia duty, &;c. 8 
vol. 93 

Certain trades prohibited directors and 
officers. 8 vol. 93 

No director or officer to receive com- 
pensation for any loan. 8 vol. 93 

Meetings may be called. 8 vol. 94 

What property the corporation may 
hold. 8 vol. 94 

When bank may commence business. 
8 vol. 94 

Bonus of $5,000, and exempt from 
taxes. 8 vol. 94 

Stock transferable and assignable. 8 
vol. 94 

Notes binding. 8 vol. 94 

Debts corporation may owe. 8 vol. 94 

What the corporation may purchase. 8 
vol. 95 

Bills receivable for taxes, &c. 8 vol. 95 

Dividends. 8 vol. 95 

Stockholders liable in case of failure. 
8 vol. 95 



Increase of capital. 8 vol. 95 
Books to be kept open. 8 vol. 96 



VI. BANK OF HAMBURG. 



commissioners ap- 



Incorporated, and 
pointed. 8 vol. 40 

Subscription to be opened. 8 vol. 41 

Capital. 8 vol. 41 

Duration of the charter, until 1837. 
vol 41 

Election of president and directors, 
vol. il 

Officers to be appointed. 8 vol. 42 

Constitutional rules. 8 vol. 42. 

Manner of voting regulated. 8 vol. 

Who may be directors. 8 vol. 42 

Lands, &c., how to be held. 8 vol. 

Debts not to exceed three 
amount of capital. 8 vol. 42 

Debts of borrowers, limited. 

No officer to carry on trade. 

Who may not be a director 



42 

42 
times the 

8 vol. 43 
8 vol. 43 
8 vol. 43 
Corporation not to purchase pubhc 
debt. 8 vol. 43 

Stockholders, how liable in case the 
bank should fail. 8 vol. 43 

Bills issued, obligatory on said corpora- 
tion. 8 vol. 43 

Dividends. 8 vol. 43 

Penalty for dealing or trading. 44 

Number of shares. 8 vol. 44 

Bound to pay specie, and exempted 
from tax, 8 vol. 44 

When to commence business. 8 vol. 44 

To be dissolved after January 1, 1837^ 
8 vol. 44. 

Bonus to be paid, of $10,000. 8 
vol. 44. 

Instalments to be paid in specie. 8 
vol. 44 



VII. BANK OF HAMBURG. 
Incorporated. 8 vol. 85 
Commissioners appointed. 8 vol. 85 
Subscriptions, and amount. 8 vol. 85 
Charter to continue until 1st January, 
1856. 8 vol. 85 

Powers of the corporation, 8 vol. 85 
Subscriptions, how to be paid. 8 vol. 
86 

Number of votes to which each stock- 
holder is entitled. 8 vol. 86 

Election of directors and president. 8 
vol, 86 

Oaths administered. 8 vol, 87 



BANKS. 



31 



Who may be directorg. 8 vol. 87 

Who shall constitute a board. 8 vol. 
87 

Clerks, &c., how appointed. 8 vol. 67 

Officers exempted from militia duty. 8 
vol. 87 

No officer to carry on certain busi- 
ness. 8 vol. 87 

No director or officer to receive com- 
pensation for procuring a loan. 8 vol. 88 

Meetings of stockholders may be call- 
ed. 8 vol. 88 

Amount of property the bank may hold. 
8 vol. 88. 

When the bank may commence busi- 
ness. 8 vol. 88 

Bonus of $7,500. 8 vol. 88 

Exempt from taxes. 8 vol. 88 

Bank stock assignable and transferable. 
8 vol. 88 

Bills or notes of the bank, binding as 
private notes. 8 vol. 88 

Debts not to exceed three times the 
amount of stock. 8 vol. 88 

Corporation not to purchase any public 
debt, except stock of the State, or United 
States. 8 vol. 89 

Notes receiveable, unless under protest. 
8 vol. 89 

Dividends to be made. 8 vol. 89 

Accountability of stockholders. 8 vol. 

89 

May increase capital. 8 vol. 89 

Profits to be divided on dissolution. 8 
vol. 90 

Books kept open. 8 vol. 90 

Directors and officers shall be citizens. 
8 vol. 90 

Charter altered, as to election of di- 
rectors. 8 vol. 102 

Seven directors. 8 vol. 103 

Quorum. 8 vol. 103 



Not to owe more than three times the 
amount of their capital beyond their de- 
posites. 8 vol. 3 

Directors, when liable. 8 vol. 3 

Nature of their transactions defined. 8 
vol. 3 

Stockholders to be liable, in case of 
failure, to twice the amount of their sub- 
scriptions. 

Bills, &c., assignable and obligatory. 8 
vol. 4. 

Dividends of profits to be made. 8 vol. 4 

Penalty for buying or selling goods. 8 
vol. 4 

Condition on which the South Carolina 
Bank shall be incorporated, by way of 
bonus. 8 vol. 4. 

Six per cent stock subscribed, not to be 
sold. 8 vol. 5 

The interest on it shall belong to the 
State. 8 vol. 5 

Comptroller may redeem the same. 8 
vol. 5 

In case of his death, Governor to com- 
mission a fit person. 8 vol. 5 

Three directors nominated by the Le- 
gislature. 8 vol. 5 

Comptroller to be furnished with state- 
ments. 8 vol. 5 

When the corporation shall be dissolv- 
ed. 8 vol. 5 

The Act of 1801, repealed. 8 vol. 6 

Allowed to discount all inland bills of 
exchange, at the ordinary rates. 8 vol. 34 

Bank, re-chartered. 8 vol. 39, 66 

Bonus, $20,000. 8 vol. 39, 66 

Cashier, or competent person, to attend 
trials for forgery. 8 vol, 40, 66 

Capital extended to 1,000,000. 8 vol. 
66 

Directors re-eligible. 8 vol. 298. 



VIII. BANK OF SOUTH CAROLINA. 

Incorporated. 8 vol. 1 

To continue incorporated until Janua- 
ry, 1823. 8 vol. 1 

And be invested with certain powers. 8 
vol.2 

Corporation to elect thirteen directors. 
8 vol. 2 

Directors to appoint officers. 8 vol. 2 

Fundamental articles for the constitu- 
tion thereof. 8 vol. 2 

Who eligible as director. 8 vol. 3 



IX. BANK OF THE STATE. 

Bank established in behalf of the State. 
8 vol, 24. 

Capital of said bank. 8 vol. 24. 

Money to be deposited therein. 8 vol. 24 

Stock to be deposited in said bank. 8 
vol. 24 

Power of the President and directors. 

8 vol. 24. 

May discount bills of exchange, accep- 
ted and payable in this State, and notes 
with two or more good names, at six per 
cent interest. 8 vol. 24 



32 



BANKS. 



Loans may be made on real and per- 
sonal property, secured by mortgage and 
power of attorney to confess judgment ; 
not to exceed one third of the value, at 
seven per cent interest. S vol. 25. 

Loans, how to be called in. 8 vol. 25 

Debts of the corporation limited. 8 
vol. 25 

Directors, v^^hen liable. 8 vol. 25. 

President and directors to be appointed. 
8 vol. 25 

Term of service and salary of Prefsi- 
dent. S vol. 26. 

Vacancies, how filled. 8 vol, 26 

Who not eligible as president or direc- 
tor. 8 vol. 26 

Five directors to constitute a quorum. 
8 vol. 2G. 

Books to be kept and proceedings en. 
tered. 8 vol, 26 

Otficers to give security. 8 vol. 26. 

Oath. 8 vol, 26 

Name and style of the corporation. 8 
vol. 29 

May hold real and personal property. 
8 vol.' 26 

Notes to be issued. 8 vol. 27 

Value of property mortgaged, how to 
be ascertained. 8 vol. 27 

Applications for money on loan, how 
to be made. 8 vol. 27 

Form of mortgage. 8 vol. 27 

Mortgages considered on record from 
date. 8 vol. 27 

The principal bank at Charleston, and 
the president and directors, shall establish 
a branch at Columbia, and appoint direc- 
tors and officers of such branch, and fix 
their salaries, and prescribe their duties, 
and allot their capital. 8 vol. 27 

Money loaned on mortgage, to be ap- 
portioned among the districts. 8 vol. 28 

Bills, how assignable. 8 vol. 28 

No director, &c. to loan out money at 
an illegal rate of interest. 8 vol. 28 

The Legislature to be furnished with a 
statement of the transactions of thie bank. 
8 vol. 29. 

Duty and power of the Comptroller. 
8 vol. 29 

Revenue of this State. 8 vol. 29 

Unexpended revenue, to become capi- 
tal. 8 vol. 29. 

Corporation to apply to the United 
States for transferable stock. 8 vol. 29 



Stock in other banks may be sold. 8 
vol. 29 

Six per cent stock to be issued on the 
credit of the State, not exceeding three 
hundred thousand dollars. 8 vol. 29 

Three per cent slock, how to be re- 
deemed, and annual report to be made. 
8 vol. 30 

Bills or notes, where receivable. 8 
vol. 30 

Public monies to be deposited in the 
bank. 8 vol. 30 

Lot in Columbia granted to the corpor- 
ation. 8 vol. 30 

Sureties, how liable. 8 vol. 30 

Commissioners to be appointed in each 
district. 8 vol. 30 

Directors authorized to borrow. 8 
vol. 31 

Mortgaged property may be sold. 8 
vol. 31 

Funds of the Stale removed from the 
Treasury of the Lower Division :nto the 
Bank of the State, and the Treasurer to 
deposite all monies received by him, in 
the same. 5 vol. 690 

The act establishing the Bank explain, 
ed. 5 vol. 695 

In all cases where the Legislature shall 
omit to fill up the Board of Directors, 
those appointed by the Legislature, and 
the President, shall fill such vacancy, in 
the manner they are now authorized to 
do in case of vacancy by death or resig. 
nation. 5 vol. 732 

Or if the Legislature should appoint less 
than seven, the existing Board may in. 
crease the number to seven, and they, 
with the President, shall appoint the re- 
maining five. 5 vol. 732 

Where the Legislature shall wholly 
omit, at any session, to appoint a Presi- 
dent and Directors, those then in office 
shall continue until a new appointment is 
made. 5 vol. 732 

Money from the United States to be de- 
posited in the bank. 8 vol. 31 

Comptroller to transfer all money re- 
ceived the preceding year, and remaining 
unexpended. 8 vol. 31 

Public officers to deposite money in the 
said bank. 8 vol. 32 

No other bank to issue bills under five 
dollars. 8 vol. 32 

Directors may be expelled. 8 vol. 32 



BANKS. 



33 



on 
83 

33 

8 



President and directors to be elected 
annually. 8 vol. 32 

Comptroller to be furnished with state- 
ments of the amount of capital stock of 
the bank, and may inspect the books, and 
report annually to the Legislature, to be 
considered by a secret committee. 8 vol. 
32. 

Comptroller not to be a director. 8 
vol. 32 

Loans to be made at Columbia, 

mortgage, as in Charleston. 8 vol, 

Compensation to assessors. 8 vol 

Officers exempted from militia duty. 

vol. 33 

Bank of the State of South Carolina 
may issue bills of less denomination than 
one dollar, to be signed by a deputy 
cashier, &c. 8 vol. 33 

Deputy cashier to be elected to sign 
small bills, &c. 8 vol. 33 

No body politic or corporate to issue 
bills of credit, or circulating medium, un- 
der peniilty of ten dollars ; those given 
for contracts excepted. S vol. 33 

Rights of previous charters reserved. 
8 vol.' 34. 

City Council allowed twelve months to 
call in their small bills. 8 vol. 34 

None but the bank of the State to is- 
sue bills under $5. 8 vol. 34 

Penalty for breach of the law. 8 
vol. 34 

The Bank of the State to require of 
the Treasurer of the Lower Division to 
demand payment of the bonus due the 
Loan Office. 8 vol. 35 

Three months notice to be given, before 
foreclosure. 8 vol 35 

Not more than one third per annum, to 
be called in. 8 vol. 35 

May establish a branch at Georgetown. 
8 vol, 3.^ 

The clerks of court, commissioners or 
master, and sheritF of Charleston, Colum- 
bia, &c. to make a statement, once a 
month, of all monies they have received 
the month preceding. 8 vol. 36 

The Comptroller may, at any time, 
have access to the bank books, except the 
personal Ledger. 8 vol. 36. 

The President of the Parent Bank, and 
of each Branch, to direct the Solicitors to 
proceed against any officer neglecting to 
perform certain duties. 8 vol. 37 
VOL. X— 5. 



Presidents and cashiers of the Branch 
Banks of the State, to sign all bills of a 
lower denomination than five dollars. 8 
vol. 37 

Commissioners of Dorchester Free 

School may pay over to the Bank of the 

State, all funds of said school. 8 vol. 39. 

How applied. 8 vol. 40 

Bank of the State may establish a 

branch at Cheraw. 8 vol. 40 

The officers of the several branches ex- 
cused from the performance of ordinary 
militia duty, and from serving on juries. 
8 vol. 38 

Authorized to establish a branch at 
Camden, with like powers and authority 
to that at Columbia. 8 vol. 38 

The law making it the duty of the 
Comptroller to transfer to the Bank, on 
account of capital, on the 2d April, every 
year, all monies received through the 
year, and then remaining in the treasury, 
repealed. 6 vol. 138 

The President and Directors authorized 
to sell iSOO,000 of stock of the State, bear- 
ing interest at six per cent ; provided it 
be not sold under par. 6 vol 151 

The Treasurer of the lower division, 
under the direction of the Comptroller, 
jis they may be called upon by the Bank 
of the State, shall make out certificates 
of stock, bearing an interest of six per 
cent, payable quarterly, in such names, 
and for such sums, as the President and 
Directors of the said Bank, by resolution 
of the Board, mav require, not exceeding 
$800,000. 6 vof. 151 

The Treasurer of the lower division, 
under the direction of the Comptroller, 
shall open a set of books, wherein the 
names of the purchasers shall be entered 
alphabetically, and shall conduct the 
business as directed as to former stocks of 
the State. 6 vol. 151 

Form of the certificate. 6 vol. 152 
To be countersigned by the Comptrol- 
ler. 6 vol. 152 

Stock redeemable first January, 1840, 
and the faith of the State and capital of 
the Bank are solemnly pledged for the re- 
demption. 6 vol. 152 

Comptroller to report at the next sitting 
of the Legislature the amount of stock is- 
sued. 6 vol, 152 

The Bank of the State is required, 
whenever the stock is in market at par, to 



34 



BANKS. 



purchase, annually, a sum not exceeding 
$50,000, and the future annual profits of 
the Bank declared a fund for that purpose. 
6 vol. 152 

The profits of the Bank, from the year 
1822, inclusive, with the annual accumu- 
lation, (for which an account shall be 
opened,) shall be considered solemnly 
pledged and set apart for the payment of 
the quarterly interest of the State six per 
cent stock, and the final redemption there- 
of. 6 vol. 165 

The President and Directors shall, an- 
nually, report to the Legislature the state 
of this fund. 6 vol. 165 

All checks drawn by the Treasurer of 
the lower division, on account of interest 
on the six per cent stock, shall specify 
that it is for such interest, and shall be 
charged to that fund. 6 vol. 165 

The fund thus created not to be consid- 
ered a part of the capital of the Bank, 
but shall be banked upon and employed 
like the capital of the Bank. 6 vol. 165 

The President and Directors, when the 
six per cent stock shall be at par in the 
market, to redeem as much as the fund 
hereby created shall at such time enable 
them "to do. 6 vol. 165 

The Comptroller shall transfer to the 
Bank of the State, on account of capital, 
on the 2d April, each year, all monies re- 
ceived through the course of the preceding 
year, and then remaining in the Treasury 
unappropriated, and the clause of the ap- 
propriation Act of 1819, to the contrary, 
repealed. 6 vol. 177 

The President and Directors authorized 
to sell, for ready money, after due notice 
given in the Charleston Gazette, State 
stock to an amount not exceeding $200,- 
000, bearing an interest at 5 per cent, in 
such sums, at such times and places, as 
they think advisable ; provided it be not 
sold under par. 6 vol. 198 

Certificates of stock to be made out by 
the Treasurer of the lower division, under 
the direction of the Comptroller General, 
as he may be called on by the Bank, bear- 
ing interest at 5 per cent, payable quar- 
terly. 6 vol. 199 

Treasurer to conduct the business of 
this stock in the same manner as under 
the Act of 1820. 6 vol. 199 

Form of certificate. 6 vol. 199 



To be countersigned by the Comptroller 
General. 6 vol. 199 

This stock not redeemable till 1842, 
and the faith of the State, the capital of 
the Bank of the State, and its annual 
dividends, are solemnly pledged for the 
payment of the interest and the redemp- 
tion of the debt. 6 vol. 199 

The President of the Bank, and not 
the Comptroller, hereafter is required to 
countersign the transfers of five and six 
per cent stock of this State. 6 vol. 227 

The President and Directors of the 
Bank of the State to sell $250,000 of the 
stock of this State, in the same manner, 
and under the same regulations, in every 
respect, as in the sale of the $200,000 
worth of stock, ordered to be sold by the 
Act of 1823. 6 vol. 253 

The certificates of stock to be made 
out in the same way, and the business to 
be conducted by the Treasurer and Comp- 
troller in the same manner. 6 vol. 253 

Form of certificate the same. 6 vol. 
253. 

The stock not to be redeemable before 
1845, and the faith of the State, and the 
capital and dividends of the Bank of the 
State, are solemnly pledged for the pay- 
ment of the interest and final redemption. 
6 vol. 253 

The Comptroller to report to the next 
Legislature the amount of stock sold. 6 
vol. 253. 

President and Directors to sell an ad- 
ditional amount of State stock, viz : 
$300,000 bearing interest at 5 per cent, 
redeemable in 1846, at such times and 
places, and in such sums, as they think 
advisable ; provided it shall not be sold 
under par. 6 vol. 295 

The Act fixing the maximum value of 
the six and three per cent State stock, 
repealed ; and the President and Directors 
of the Bank of the State are, at their own 
discretion, to purchase the said stock, at 
such times, and in such quantities, and on 
such terms, as may appear most expedi- 
ent to them, and most beneficial to the 
State. 6 vol. 295 

There shall be appointed, at the first 
session of every new Legislature, by a 
joint resolution of both branches of the 
Legislature, a committee of inspection 
for the principal Bank of the State of 
South Carolina, in Charleston, and a 



BANKS. 



35 



committee for each of the branches of the 
said Bank. The committees to consist, 
respectively, of 5 persons each. 8 vol. 
48. 

To examine with the comptroller, and 
report. 8 vol. 49 

Majority mav act without comptroller. 
8 vol. 49 

Powers. 8 vol. 49 

An Act to admit and incorporate pri- 
vate stockholders in the Bank of the State 
of South Carolina. 8 vol. 50 

Private stockholders admitted. 8 vol. 50 

Funds of the Bank to be received as 
stock. 8 vol. 50 

CommisBioners to be appointed. 8 
vol. 50 

Capital may be increased. 8 vol. 50 

Individuals admitted, and losses to be 
divided. 8 vol. 50 

Books to be opened. 8 vol. 50 

$1,600,000 to be subscribed. 8 vol. 
51. 

Directors and officers to be elected. 8 
vol. 51 

Sinking fund to be vested in State 
stock. 8 vol. 51 

State dividends, how to be applied. 8 
vol. 51 

Branch banks to be established. 8 
vol. 51 

Individuals to possess corporate rights. 
8 vol. 52 

Manner of voting. 8 vol. 52 

Who eligible as directors. 8 vol. 52 

New branches may be established. 8 
vol. 52 

Legislature to have concerns of the 
Bank examined. 8 vol. 52 

No other bank to be chartered. 8 vol. 
52. 

Bonus to be paid. 8 vol. 52 

Stockholders not liable to taxation. 8 
vol. 52 

Bills, where to be payable. 8 vol. 53 

Interest account to be opened. 8 vol. 
53. 

Another Act to admit and incorporate 
private stockholders in the Bank of the 
State of South Carolina. 8 vol. 53 

Private stockholders admitted. 8 vol 

Funds received as stock. 8 vol. 53 

Commissioners appomted. 8 vol. 

Capital may be increased. 8 vol. 

Individuals admitted. 8 vol. 54 

Losses to be divided. 8 vol. 54 



Amount of private stock may be ex- 
tended. 8 vol. 54 

Directors to be appointed. 8 vol. 54 

Books to be opened. 8 vol. 54 

Books may be again opened. 8 vol. 54 

Directors elected by the stockholders. 
8 vol. 55 

May appoint officers. 8 vol. 55 

Sinking fund may be vested in stock. 
8 vol. 55 

State dividends, how to be applied. 8 
vol. 55 

Other branches to be established. 8 
vol. 55 

Duration of individual privileges, till 
1850. 8 vol. 55 

Manner of voting. 8 vol. 55 

Who may be directors. 8 vol. 56 

President and directors may locate 
branches. 8 vol. 56 

Legislature shall have the bank exam- 
ined. 8 vol. 56 

Bonus to be paid. 8 vol. 56 

Exempt from tax. 8 vol. 56 

Bills and notes, where payable. 8 vol. 
56 

Interest account to be opened. 8 vol. 
56 

Former Act of 1826, repealed. 8 vol .56 

The Act to admit and incorporate pri- 
vate stockholders in the Bank of the 
State of South Carolina, repealed. 8 
vol. 57 

New directors of the Bank of the State, 
to exercise their office as soon as the Le- 
gislature adjourns. 8 vol. 64 

Oath to he taken by the directors of 
the bank. 8 vol. 64 

Oath by the officers. 8 vol. 64 

Duty of the Presidents of branches. 8 
vol. 65 

Debt of each officer to be laid before 
the Legislature annually. 8 vol. 65 

Office of deputy cashier, abolished ; 
and how change-bills to be signed. 8 
vol. 65 

Assistant clerk to be appointed. 8 vol. 
65 

Stock books to be transferred from trea- 
sury to the bank. 8 vol. 65 

Officers not to purchase State stock. 
8 vol. &5 

Certain stock of the State to be sold, 
and other purchased. 8 vol. 65 

May establish a branch in Cheraw. 8 
vol. 65 



36 



BANKS 



May appoint an agent in New York, 
to furnish exchange. 8 vol. 65 

Autliorized to establish a Branch or 
Agency at Hamburg, with like powers 
and authority as the branch at Columbia. 
6 vol. 420 

The treasurer of the upper division au- 
thorized and required to pass to the credit 
of the Bank ^5,000, lost by the Cheraw 
Bank. 6 vol. 454 

President and directors authorized to 
sell State stock to the amount of $300,- 
000, on certain conditions and with cer- 
tain provisions. 6 vol. 477 

Treasurer of lower division to make 
out certificates of the stock. G vol. 477 

The 8th section of the Act entitled 
"An Act concerning the Bank of the 
State," repealed, and the stock books to 
be returned to the office of the treasurer 
of the lower division, and by him kept as 
heretofore. 6 vol. 478 

The surplus revenue of the United 
States, accepted by the State, and deposit, 
ed in the Bank of the State, for which 
the Comptroller to give certificates, and 
not to be considered part of the capital 
of the bank, but to be banked upon until 
withdrawn by requisition of the United 
States, in pursuance of the Act of Con- 
gress to regulate the deposites of the pub- 
lie money. G vol. 555 

Bank of tlie State re-chartered, and 
extended to 1856. 6 vol. 67 

Bills under one dollar not to be issued. 
6 vol. 67 

Branch at Georgetown discontinued, 
and an agency established. 6 vol. 67 

Bank of the State to issue change bills 
of 50 and 25 cents. 6 vol. 103 

All bills under $2, mfiy be signed by a 
clerk. 6 vol. 103 

Laws forbidding small bills, and regu- 
lating the signing of one and two dollar 
bills, repealed. 6 vol. 103 

This Act to continue of force until 
December 20, 1838, 6 vol. 103 

State subscribes for 10,000 shares in 
the South-western Rail Road Bank. 6 
vol. 104 

How lo be subscribed. 6 vol. 104 

Comptroller's duty. 6 vol. 104 

Bank of the State to advance the fund 
if they deem it expedient, or comptroller 
to issue stock at 5 per cent. 6 vol. 104 

State dividend to remain in the bank, 



subject to the order of the comptroller. 6 
vol. 104 

Slate proxies. 6 vol. 104 

Bonus of Bank of Charleston, in part 
of subscription. 6 vol. 104 

Its duties under the Act to re-build the 
city of Charleston. 7 vol. 156 

To choose an agent, to be commission- 
ed by the Governor, to be sent to Europe, 
to procure the loan, to be placed to the 
credit of the Bank of the State, to be- 
come a part of its capital. 6 vol. 156 

The Bank to lend to such persons as 
will re-build the portion of the city des- 
troyed by the late fire, the two millions, 
on certain terms mentioned in the Act. 
6 vol. 156, 157, 158 

Before the loan, Charleston, by Ordi- 
nance, to guaranty the State against loss 
by loans so made. 7 vol. 158 

Lessee, how to obtain benefit of the 
loan. 7 vol. 158 

Mortgage to take lien from date of its 
registry in the office of Mesne Convey- 
ance against all persons. 7 vol. 158 

Construction of wooden buildings pro- 
hibited. 7 vol. 159 

Mode of proceeding. 7 vol. 159 

Bank to make provision for payment of 
principal and interest of said loan. 7 
vol. 160 

A book to be kept in Bank of the pro- 
fits of this loan, and the principal and 
interest pledged to the repayment of the 
loan. 7 vol. 160 

Bank to report annually to the Legisla- 
ture, the state of this fund. 7 vol. 160 

The Bank to pay the Attorney Gene- 
ral and others their expenses in carrying 
this Act into operation. 7 vol. 160 

Act for re-building Charleston amend- 
ed. 7 vol. 161 

Conditions of the loans altered. 7 vol. 
161 

The bond and mortgage to be given to 
the Bank for fire loans, to be so drawn 
as to cover all the different loans. 7 vol. 
161 

Abstract of such title deeds only as are 
recorded, to be furnished Bank, and all 
unrecorded deeds. 7 vol. 161 

What kind of policies of insurance re- 
quired. 7 vol. 161 

What applications to the Bank are to 
set out. 7 vol. 161 

Bank to direct the lot lo be valued, and 



BANKS. 



37 



wpon return of coramissioners, the Bank 
then to answer as to the amount the ap- 
plicant is entitled to. 7 vol. 162 

No loan until terms are fully complied 
with. 7 vol. 162 

Fees of different officers regulated. 7 
vol. 162 

Attorney General to charge no fees for 
the bond and mortgage, or services ren- 
dered as to the loan. 7 vol. 162 

Regulations as to persons who had com- 
menced to build a stone or brick house 
before the Act. 7 vol. 162 



X. COMMERCIAL BANK OF CO- 
LUMBIA. 

Incorporated. 8 vol. .58 
Comn)is.sioners appointed to open books 
of subscription, &c. 8 vol. 58 

Powers of the corporation. 8 vol. 59 
Disposition of shares. 8 vol. 60 
Number of votes to which each stock- 
holder is entitled. 8 vol. 60 

Times of holding elections. 8 vol. 60 
Who may be directors. 8 vol. 61 
Organization of the board of directors. 
8 vol. 61 

Power of directors. 8 vol. 61 
Officers exempted from militia duty. 
8 vol. 61 

No officer allowed to carry on trade. 
8 vol. 61 

No officer or director to receive com- 
pensation for a discount. S vol. 61 

Meetings of stockholders may be call- 
ed. 8 vol. 62 

Amount of property the bank may 
hold. 8 vol. 62 

Duties of the bank. 8 vol. 62 
Bonus. 8 vol. 62 
Exempt from taxes. 8 vol. 62 
Bank stock, assignable and transferra- 
ble. 8 vol. 62 

Bills or notes of the bank, binding as 
private notes. 8 vol. 62 

Debts not to exceed three times the 
amount of stock. 8 vol. 62 

Restrictions on banking operations. 8 
vol. 63 

Violation, how punished. 8 vol. 63 
Bills, receivable by tax collectors, &c. 
8 vol. 63 

Except under protest. 8 vol. 63 
Dividends to be made. 8 vol. 63 
Accountability of stockholders. 8 vol. 
63 



Capital may be increased to eight hun- 
dred thousand dollars. 8 vol. 63 
Terms of dissolution. 8 vol. 63 



XL MERCHANTS' BANK, AT CHE- 
RAW, 

Incorporated. 8 vol. 68 
Commissioners appointed. 8 vol. 68 
Subscription for stock to be opened. 8 
vol. 68 

Name of the Bank. 8 vol. 69 
Directors, how chosen. 8 vol. 69 
To continue till 1855. 8 vol. 69 
Powers vested in the corporation. 8 
vol. 70 

Shares, how apportioned, &;c. 8 vol. 
70 

Votes, how apportioned. 8 vol. 70 
Who shall not be directors. 8 vol. 71 
Formation of a board for the transac- 
tion of business. 8 vol. 71 

Powers vested in the directors. 8 vol. 
71 

Directors not to charge for certain ser- 
vices. 8 vol. 71 

Meetings, how called. 8 vol. 71 
What property the bank mav hold. 8 
vol. 71 

Certain requisites to be complied with 
before entering into business. 8 vol. 71 
Bills, how payable. 8 vol. 72 
Debts not to exceed three times the 
amount of capital. 8 vol. 72 

Restrictions in trading, except in cer- 
tain cases. 8 vol. 72 

Exempt from taxes. 8 vol. 72 
Bills to be taken in payment for debts 
due to the State, so long as they pay 
specie. 8 vol. 73 

Duty of the comptroller. 8 vol. 73 
Dividends, how made. 8 vol. 73 
Stockholders, how liable in case of fai- 
lure. 8 vol. 73 

Capital may be increased. 8 vol. 73 
In case of dissolution, the assets to be 
divided. 8 vol. 73 



XII. PLANTERS' & MECHANICS' 
BANK. 

Incorporated. 8 vol. 18 

Said company may hold property, dec. 
8 vol. 18 

Elections, when to be held. 8 vol. 19 

Directors to appoint officers. 8 vol. 
19 



38 



BANKS. 



Fundamental articles of the constitu- 
tion of the said company. 8 vol. 19 

How the said corporation shall trade. 
8 vol. 20 

How to proceed in case of the failure 
of the bank. 8 vol. 20 

Stockholders liable for twice the amount 
of the capital. 8 vol. 20 

Notes, &;c. how assignable. 8 vol. 20 

Dividends. 8 vol. 21 

Penalty for trading in articles contrary 
to the provisions of this Act. 8 vol. 21 

Shares subscribed, how to be appor- 
tioned. 8 vol. 21 

Eight hundred shares to be given to 
the State. 8 vol. 21 

In case of the failure of the said bank, 
the State not to be liable, 8 vol. 21 

Capital divided into forty thousand 
shares. 8 vol. 21 

Offices of discount and deposite may 
be established in other parts of the State. 
8 vol. 22 

Branches. 8 vol. 22 

Said corporation to be dissolved, Jan- 
uary 1, 1832. 8 vol.22 

Said bank exempted from tax, 8 vol. 
22 

No director of any other bank can be 
a director of this. 8 vol. 22 

Oath to be administered to stockhold- 
ers. 8 vol. 23 

Stockholders may call meetings. 8 
vol. 23 

Bills or notes receivable at treasury. 8 
vol. 23 

Officers exempted from militia duty. 
8 vol. 23 

Union Bank, and Pianters''s and Me- 
chanics's Bank, may discount inland bills 
of exchange. 8 vol. 23 

The charter of the Planters''s and Me- 
chcnics's Bank, renewed for twenty-one 
years. 8 vol. 57 

To pay a bonus of twenty-five thou- 
sand dollars. 8 vol. 57 

In cases for counterfeiting or stealing 
their notes, they are to furnish a witness 
to the Solicitor. 8 vol. 57 



XIII. STATE BANK. 

Incorporated. 8 vol. 1 

To continue incorporated until January, 
1823. 8 vol. 1 

And be invested with certain powers, 8 
vol. 2 



Corporation to elect 13 directors. 8 
vol. 2 

Directors to appoint officers. 8 vol. 2 

Fundamental articles of the constitu- 
tion thereof. 8 vol. 2 

Who eligible as director. 8 vol. 3 

Not to owe more than three times the 
amount of their capital beyond their de- 
posites. 8 vol. 3 

Directors, when liable. 8 vol. 3 

Nature of their transactions defined. 8 
vol.3 

Stockholders to be liable, in case of fail- 
ure, to twice the amount of their sub- 
scriptions. 8 vol. 3 

Bills, (fee, assignable and obligatory. 
8 vol. 4 

Dividends of profits to be made. 8 
vol. 4 

Penalty for buying or selling goods. 8 
vol. 4 

State to subscribe to State Bank. 8 
vol. 4 

Six per cent stock subscribed, not to be 
sold. 8 vol. 5 

The interest on it shall belong to the 
State. 8 vol. 5 

Comptroller may redeem the same. 8 
vol. 5 

In case of his death. Governor to com- 
mission a fit person. 8 vol. 5 

Three directors nominated by the Le- 
gislature. 8 vol. 5 

Comptroller to be furnished with state- 
ments. 8 vol. 5 

When the corporation shall be dissolv- 
ed. 8 vol. 5 

Conditions on which the State Bank 
shall be incorporated. 8 vol. 6 

The Act of 1801, repealed. 8 vol. 6 

State Bank incorporated. 8 vol. 6 

Fifteen directors to be appointed. 8 
vol.7 

How vacancies are to be filled. 8 
vol. 7 

Directors entered up under protest, dis- 
qualified from serving as such. 8 vol. 8 

Fundamental articles. 8 vol. 8 

Amount of capital stock. 8 vol. 8 

Directors to appoint officers, &c. 8 
vol. 8 

To receive money on deposit, &c. 8 
vol. 8 

Bills and notes discounted, to have but 
sixty days to run. 8 vol. 8 



BANKS. 



39 



vol. 8 

Manner of voting for directors. 8 

Manner of voting may be altered. 8 

'Shares to be held three months, to enti- 
tie the holder to vote. 8 vol. 8 

Who may vote by proxy. Oath to be ta- 
ken by persons offering to vote. 8 vol. 9 

Persons subscribing for stock in the 
name of minors, to be considered as the 
holders of the same. 8 vol. 9 

List of stockholders to be made out be- 
fore an election. 8 vol. 9 

Who are not eligible as directors. 8 
vol. 9 

Three fourths of the directors may be 
re-elected. 8vol. 9 

Six directors may transact business. 8 
vol. 9 

Directors to keep entries of their pro- 
ceedings. 8 vol. 9 

Compensation to the President. 8 vol. 9 

Cashier to give bond with security- 8 
vol. 10 

Oath of President and Cashier. 8 
vol. 10 

Amount of debts which the bank may 
owe. 8 vol. 10 

Corporation may hold lands and tene- 
ments. 8 vol. 10 

Stock to be assignable. 8 vol. 10 

Meetings of the stockholders may be 
called. 8 vol. 10 

When the accounts are to be balanced 
and a dividend declared. 8 vol. 10 

Corporation not to purchase or hold 
public debt. 8 vol. 11 

Bills obligatory and of credit, assigna- 
ble by endorsement. 8 vol. 11 

Not to deal in buying or selling goods. 
8 vol. 11 

No director to lend money at an illegal 
interest. 8 vol. 11 

Exempt from taxes. 8 vol. 12 
State to subscribe .1300,000. 8 vol. 12 
In case of death or absence of Comp- 
troller, his place to be supplied. 8 vol. 12 

Legislature to appoint three directors, 
annually. 8 vol. 12 

Comptroller to be furnished with state- 
ments. 8 vol. 13 

To discount the warrants of the Comp- 
troller for money in substitution of the 
paper medium. 8 vol. 13 

Bills or notes of the corporation, re- 
ceivable at the treasury and by tax col- 



lectors. 8 vol. 13 

Public money to be deposited in bank. 
8 vol. 13 

Not to issue bills for a smaller sum 
than five dollars. 8 vol. 14 

In case of failure, stockholders liable 
to twice the amount of the shares. 8 vol. 
14 

No loan to be made to any foreign 
Prince. 8 vol. 14 

Corporation to be dissolved after Janu- 
ary 1, 1823 

Not to give credit to banks in other 
States. 8 vol. 14 

This last law repealed. 8 vol. 34. 

Connexion between it and the State, 
dissolved. 8 vol, 35 

Re-chartered. 8 vol, 39, 67. 

Bonus. 8 vol. 67. 

Liabilities of stockholders, 8 vol, 67. 

Officers to attend as witnesses on trials 
for counterfeiting or stealing- notes. 8 vol. 
67 

Authorized to increase its capilal, not 
exceeding $1,000,000, 8 vol. 90 

Directors re-eligible. 8 vol. 298. 



XIV, SOUTH WESTERN RAIL 
ROAD BANK, 

Incorporated. 8 vol. 96 

Stockholders. 8 vol. 96 

Where books shall be opened. 8 vol. 97 

Reduction of subscription. 8 vol. 97. 

Instalments. 8 vol. 97 

Votes by person or pro\y. 8 vol. 97 

Election of directors. 8 vol. 97, 

Where directors shall reside, 8 vol. 98 

Of president and other officers. 8 vol.98 

Second instalment. 8 vol, 98 

Capital. 8 vol. 98 

Forfeiture of shares. 8 vol 98 

Liabilities. 8 vol. 98 

Annual report. 8 vol. 98 

Location. 8 vol. 99 

Denomination of notes less than five 
dollars, prohibited. 8 vol, 99 

To pay twelve per cent if it does not 
redeem its notes in specie. 8 vol. 99 

Loan of money on pledge of stock. 8 
vol. 99 

Branches shall have boards. 8 vol. 

Powers of the corporation. 8 vol. 

Amount bank may owe. 8 vol. 99 

Of dividends. 8 vol. 100 

What shall disqualify an officer. 8 vol. 
100. 



99 
99 



40 



BANKS. 



How meetings of stockholders may be 
held. 8 vol. 100 

What property may be held. 8 vol. 100 

Connexion of the stocks of the Bank 
and Rail Road Company. 8 vol. 100 

Notes binding. 8 vol. 101 

How many to constitute the board of 
directors. 8 vol. 101 

Their powers. 8 vol. 101 

Officers exempted from militia duty. 8 
vol. 101 

Exemption from taxation. 8 vol. 101 

Notes to be received for taxes, as long 
as redeemed with specie. 8 vol. 101 

Condition of existence, and what to be 
done by the Rail Rdad Company. 8 vol. 
102 

Condition excluding Kentucky. 8 vol. 
102 

How this charter may be revoked, or 
become null and void. 8 vol. 102 

XV. UNION BANK. 

Incorporated. 8 vol. 15 

May hold real and personal property. 
8 vol. 15 

Thirteen directors to be chosen annu- 
ally. 8 vol. 15 

Directors to appoint a President and 
other officers. 8 vol. 15 

Number of votes allowed to stockhold- 
ers. 8 vol. 16 

What number of directors in office, 
eligible the succeeding year. 8 vol. 16 

Said bank to receive money on depo- 
site. 8 vol. 16 

Discounts to be made on bills and 
notes, having not more than ninety days 
to run. 8 vol. 16 

Twenty thousand dollars to be paid to 
the State by way of bonus. 8 vol. 16 

No director to continue to act as such, 
after having his name entered up under 
protest. 8 vol. 16 

How to proceed, in case of the failure 
of said bank. 8 vol. 16 

Stockholders liable for twice the a- 
mount of capital. 8 vol. 16 

Dividends to be made. 8 vol. 17 

Property to be held by the directors for 
the stockholders, at the dissolution of the 
corporation. 8 vol. 17 

Notes, how receivable. 8 vol. 17 

Officers exempted from militia duty, 
and from serving as jurors. 8 vol. 17 



Duration of this Act. 8 vol. 17 
May discount inland bills of exchange.- 
8 vol. 23 

BANKRUPT. 
Description of, in 10 Ann,ch. 15. See 
Note. 2 vol. 750 



BAPTISM. 

Does not set a slave free. 7 vol. 364 



BAPTIST CHURCH. 
At Horn Creek, incorporated. 5 vol. 



141 



BARGAIN AND SALE. 
See Conveyance. 



BARKING OF FRUIT TREES. 
See Malicious Mischief. 



BARKLEY, JAMES. 
The Coroner of Fairfield authorized ta 
make him titles for a tract of land bought 
of the late sheriff, who died before he 
made titles, and James Barkley elected 
his successor. 6 vol. 14 



BARKLEY, JOHN. 
Authorized to change his name to John- 
Bankston. 5 vol. 504 



BARNWELL. 
All the records and papers belonging to 
the old county court of Winton, and 
transferred to Orangeburgh, to be deliver- 
ed up by the Clerk, Ordinary and Regis- 
ter of Orangeburgh, to the Clerk, Ordi- 
nary and Register of Barnwell, such as 
belong to their respective offices. 5 vol. 

BARNWELL [VILLAGE.] 

Incorporated. 6 vol. 398 

Tx be governed by Intendant and War- 
dens. 6 vol. 398 

Who may vote for them, and time of 
election. 6 vol. 398 

Oath. 6 vol. 398 

Vacancies, how to be filled. 6 vol. 399 

Powers and duties of the corporation. 
6 vol. 399 

Nuisances to be abated and patrol duty 
performed. 6 vol. 399 



BARNWELL. 



41 



Roads and streets to be kept open, and 
Council vested with powers of commis- 
sioners of roads. 6 vol. 400 

Council may compound with those lia- 
ble to work on the road. 6 vol. 400 

This Act public. 6 vol. 400 

Council vested with the powers of 
commissioners of roads, and the hands 
liable to work on the streets exempt from 
working elsewhere. 6 vol. 532 

Liable as commissioners of roads. 6 
vol. 532 

All fines shall be collected by a^. fa^ 
and if that be returned nulla hona, then 
by a ca. sa., under which the party may 
in five days take the benefit of the prison 
■bounds Act. 6 vol. 533 

Town Council to grant licences for 
taverns and retailers. 8 vol. 370 

Rechartered. 8 vol. 449 



BARNWELL FEMALE ACADEMY. 
The escheated property of Barnwell 
vested in the trustees of, until the pro- 
ceeds amount to $10,000, the Legisla- 
ture reserving to itself the right to con- 
vey escheated property to any one having 
any equitable claim. 6 vol. 187 



BARNWELL, ROBERT. 
Allowed to bring slaves into the State 
from Georgia. 5 vol. 279 



BARON & FEMME. 
See Husband and Wife. 

BARON, DR. ALEXANDER. 

Admitted to be a citizen of the State, 
upon his taking the oath of allegiance 
and abjuration. 4 vol. 722 



BARRACKS. 

Money appropriated for building Bar- 
racks at Hadrell's Point. 5 vol. 690 

Commissioners for building it, to ac- 
count to the Legislature. 5 vol. 690 

BARRELS. 
Barrels to contain twenty-eight gallons. 
2 vol. 55 

To be made of seasoned wood, and 
marked. 2 vol. 56 
Penalty. 2 vol, 56 
Penalty for illegal meat, or barrels, or 
package. 2 vol. 56 

VOL. X— 6. 



Packer's duty. 2 vol. 5Q 
Penalty for putting on board any un- 
marked barrels, &c. 2 vol. 57 

Counterfeiting the mark. 2 vol. 57 
No packer to mark any cask not search- 
ed. 2 vol. 57 

Packer's fees. 2 vol. 57 
Penalties, how to be recovered. 2 vol. 
57 

Act limited to 21 months. 2 vol. 57 
Contents of barrels. 2 vol. 157 
To have mark of the maker. 2 vol. 
157 

Beef and pork not to be exported un- 
less in barrels. 2 vol. 158 

Size of the pieces. 2 vol. 158 
Forfeiture. 2 vol. 158 
Searchers and guagers appointed. 2 
vol. 158 

Power of the searchers. 2 vol. 158 
In case of packer's neglect. 2 vol. 
158 

Brands to be procured. 2 vol. 159 
Penalty for delays. 2 vol. 159 
No beef, &c. to be transported unless 
under the packer's mark. 2 vol. 159 
Penalty on counterfeiting. 2 vol. 159 
The cooper's mark made necessary. 2 
vol. 159 

Penalty. 2 vol. 159 
Packer's fee. 2 vol. 159 
Forfeitures, how recovered. 2 vol. 160 
Vacancies, how supplied. 2 vol. l60 
Act to continue for three years. 2 
vol. 160 

Guager appointed. 2 vol. 178 
Act to continue 2 years. 2 vol. 179 
Guage of, regulated. 2 vol. 616 
For beef and pork. 2 vol. 616 
For rice. 2 vol. 617 
To contain 28 gallons, wine measure. 
2 vol. 216 

To be marked. 2 vol. 217 
No bull's or boar's flesh to be mixed 
with other meat. 2 vol. 217 
Penalty. 2 vol. 217 
Searchers, guagers and packers ap- 
pointed. 2 vol. 217 

Proceedings on complaint. 2 vol. 218 
Burning irons to be procured. 2 vol. 
218 

No meat to be exported without the 
packer's mark. 2 vol. 218 

Penalty on counterfeiting. 2 vol. 218 
The cooper's mark made necessary. 2 
vol. 218 



42 



BARRELS. 



Packer's fee, one royal. 2 vol. 218 
Packers dying or being absent. 2 vol. 
219 

Offences, how to be heard. 2 vol. 219 
Tar barrels to have the packer's mark. 

2 vol. 219 

Packer's fee for pitch and tar. 2 vol. 
219 

To continue 3 years. 2 vol. 220 

Beef, &€. already surveyed by the 
packer, may be exported. 2 vol. 264 

Beef imported for exportation to be 
marked with the letter N. 2 vol. 265 

Packer appointed. 2 vol. 26.5 

May appoint deputies 2 vol. 2fi.') 

Pieces not to be less than 4 lbs. 2 vol. 
255 

Who may be appointed packers. 2 
vol. 298 

To give bend. 2 vol. 298 

Every barrel to be marked with a burnt 
mark. Penalty for selling without mark, 
or shipping unmarked barrels. 3 vol. 497 

Casks to be made of well seasoned 
white o.ik. 3 vol. 49S 

Weight and contents of barrels and 
casks of various articles. 3 vol. 41)8 

Not to be shipped before marked by the 
public packer. .3 vol. 499 

Wlio may open suspected casks. 3 
vol 493 

Casks of beef and pork for foreign 
markets, to be first marked and branded. 

3 vol. 499 

Packers, how to be nominated. 3 vol. 
499 

Their oath. Their fees. 3 vol. 499 

Fraud in putting up pitch or rosin. 3 
vol. 500 

If condemned, to be forfeited. 3 vol. 
500 

In case of no condemnation, current 
price to be paid. 3 vol. 500 

Owner not living on his own planta- 
tion, the forfeiture to fall on the overseer 
or manager. 3 vol. 500 

Before the articles therein contained 
are sold, the barrels to have a burnt mark. 
3 vol. 680 

P.nalty. 3 vol 687 

Rice barrels containing fraudulent mix- 
tures to be forfeited. 3 vol. 687 

Mode of proceeding. 3 vol. 687 

Barrels to be made of well seasoned 
white or water oak. 3 vol. 687 

Regulations as to weights. 3 vol. 6S7 



Cattle for package to be penned 12 
hours before killing. 3 vol. 688 

Barrels of tar and turpentine to be 
marked by a public packer. 3 vol. 688 

Packer may open suspected casks and 
barrels, 3 vol. 483 

At the risk of the person requiring 
thfm to be opened. 3 vol. 488 

In what cases loss shall fall on 
overseer. 3 vol. 689 

Penalty on shipping casks, &c. 
branded.' 3 vol. 689 

Oath to be taken by packers. 
689 

Number of packers, and fees. 
089 

Limitation to three years. 3 vol. 691 

Act made perpetual by Act of 1783. 4 
vol. 541 

Except such clauses as are repealed by 
tiie Act of 1768. 4 vol. 290 

Size of rice barrels. 4 vol. 607 



the 
not 
vol. 
vol. 



BARRY, MR. 
For transcribing Trott's Laws, £300. 
3 vol. 188 



BARTHOLOMEW COUNTY. 
Created in 1785. 4 vol. 663 



BASTARD.S AND BASTARDY. 

The copy of the Act against, to be 
firni !ind valid in hiw. 2 vol, 223 

Proceedings of a just'ce of peace 
agaiubt a woman with child of a bastard. 
2 vol. ^24 

Punishment- for the first offence. 2 
vol. 224 

Second. 2 vol. 224 

Third, and every time after. 2 vol. 
224 

Proceedings against father of bastard 
child. 2 vol. 224 

Who to bs adjudged the father, and his 
fine. 2 vol. 225 

Penalty upon a woman refusing the 
discovery. 2 vol. 225 

Or not discovering till the father is 
gone oir from the Province. 2 vol. 225 

Or charging any one falsely. 2 vol. 
225 

The reputed father to maintain the 
child to the age of 10 years, to be kept 
and nursed by the mother. 2 vol. 226 

Conviction of a woman, the testimony 
of a bastard child. 2 vol. 226 



BASTARDS AND BASTARDY, 



Settlement made upon bastard child 
to the prejudice of lawful issue, lo be 
void. 2 vol. 226 

Provided it does exceed one tenth part 
of the real and personal estate. (The 
expression of the law equivocal ) And 
to be void if it exceed one hundred 
pounds, current money. 2 vol. 226 

Fines to be paid to the public receiver. 

2 vol. 226 

Forfeiture of a woman cohabiting with 
the same person by whom she liad a bas- 
tard child. 2 vol." 226 

Forfeiture of a free man tliat shall be- 
get a woman-servant with child. 2 vol. 
227 

Forfeiture of a servant who begets a 
servant with child. 2 vol. 227 

He is a bastard that is born before the 
marriage of his parents. 2 vol. 413 

See Editor's note. 2 vol. 716 

Murder for a mother to cnnceni the 
death of her bastard child. 2 vol. 513 

Repealed by Act of 1695, last section. 
See Note. 2 vol. 744 

Penalty on any free man getting a wo- 
man-servant with child. 3 vol. 19 

One servant getting an(ithf:r with child 
shall serve her time. 3 vol. 19 

Penally on any while prrson sufFering 
herself to be got with child by a negro. 

3 vol. 20 

The reputed father bound to maintain 
it. 5 vol. 210 

Mode of proceeding against him. d 
vol. 270 

Proceedings against the mother, 5 vol. 
270 

Where parents are unable to maintain 
it, the commissioners of the poor to pro- 
vide for it. 5 vol. 270 

Child to be educated. 5 vol. 270 

Commissioners to lay before the Supe- 
rior Court, once in every year, a slnte- 
ment of their proceedings, and their ac- 
counts. 5 vol. 270 

May bind out to suitable trades. 5 vol. 
271. 

No one living in this State, or having 
an estate therein, having a wife or law- 
ful children, shall give, settle, convey, 
devise, or bequeath, in trust or otherwise, 
to any bastard child or children, or to any 
woman with whom he* lives in adultery, 
more than one-fourtK of his estate, after 
payment of debts. 5 vol. 271 



The ''Act against Bastardy," and the 
"Act to prevent the destroying of bas- 
tard children," repealed. 5 vol. 271 

The commissioners of the poor shall 
have power to bind out to service illegf. 
tin)ate children, and children of paupers, 
in all cases where such children are likt'ly 
to become chargeable to the district, or 
are liable to be demoralized by the vici- 
ous conduct and evil example of their 
inotfiers, or other persons having the 
charge of them ; and it shall be the duty 
of the commissioners of the poor, in each 
and every district of this State, upon in- 
formation made to them that any illegiti- 
mate child, above the age of tive years, 
is likely to become chargeable to the dis- 
Irict, or from the vicious conduct and evil 
example of the mother of the said child, 
or other person having it in charge, is 
likely to become demoralized, and brought 
up in vice and idleness, to cause sach 
child to be bound to service, in charge of 
some person of good character ; a female 
child until she attains the age of sixteen 
years, and a male child until he attains 
the age cf seventeen. 6 vol. 410 

The monies remaining due on any re- 
cognizance g.ven under the Act of 1795, 
ior the maintainance of any illegiliunto 
child, at the time such child shall bo 
bound to service, shall be paid into the 
hands of the commissioners of the poor, 
for the benefit of such illegitimate child 
so bound to service by virtue of this Act. 
6 vol. 411 

VVheui'ver the amount which any per- 
son sfiall receive sentence to pay, on a 
conviction of bastardy, cannot'be raised 
by binding him out to service, as now 
provided by iaw, njiere facias sha I issue 
against his property, and on the same 
being returned rad/a bona, a ra. s<i. sliall 
issue against hiio, as in ordinary convic- 
tions in the court of sessions. 6 vol. 411 

The aforesaid Act {Ant' ;). 4 0).^-> 
amended that a female child shall be 
bound lo service, according to the provi- 
sions of the said Act, until she attains 
tfie age of eighteen years, or marries, 
and a male child until he attains the age 
of Iwenty.one years. 6 vol, 432 

Upon information, as provided, it shall 
be lawful for any one of the commission- 
ers of the poor to issue his warrant, di- 
reeled to any sheriff or cjosiable, com- 



44 



BATTERY. 



manding him to bring any such child 
before the board at the first meeting 
thereafter ; and the said officers are re- 
quired to execute such warrant, and shall 
receive therefor the same compensation 
as for arrests, to be defrayed by the board 
of commissioners atoresaid. 6 vol. 433 



BATTERY. 

See Sea Wall. 

To be built on South-street, Charles- 
ton. 7 vol. 28 

A public landing reserved near the 
Battery, in Charleston. 7 vol. 28 

Another battery to be erected on Coop- 
er river. 7 vol. 29 

Commissioners appointed, and their 
powers. 7 vol, 29 



BAWDY HOUSE. 

If any person shall, within ten miles 
of the South Carolina College, keep any 
hou.'ie as a bawdy house, or house of com- 
mon prostitution, or shall reside in, or 
be an inmate of, such house, or shall be 
supported or gain a maintainance by 
common prostitution, or shall keep or use 
any house as a house for gaming, or shall 
aid or assist in keeping such house, or 
shall keep any faro-bank, or other device 
for gaming, every such person as afore- 
said shall be proceeded against as a va- 
grant ; and upon conviction of any of 
the offences above enumerated, shall be 
deemed a vagrant, and either enter into 
recognizance to the State in the sum of 
$2000, with two good and sufiicient sure- 
ties, (who shall be freeholders,) in the 
sum of $1000 each, to be taken and ap- 
proved before the clerk of the court of 
Richland district, conditioned not to 
otfend against the provisions of this Act 
for the space of three years; or in default 
thereof, shall be forthwith committed to 
the goal of the district, to be dealt with 
as a vagrant. 6 vol. 553 

If any person, after having given bond 
as aforesaid, shall again, within the lim- 
its before prescribed, keep any bawdy 
house, house of common prostitution, or 
house for gaming, either with cards, or 
by any other game or device, such per- 
son shall be subject to indictment there- 
for, and, on conviction, shall be fined for 
every day such offence is proved to have 



been committed, not exceeding $1000, 
and be imprisoned not exceeding twelve 
months. 6 vol. 553 

Any justice of the peace or quorum is 
authorized and required, upon the written 
requisition of the Faculty of the South 
Carolina College, through their presiding 
officer, or of the Solicitor of the circuit 
wherein the same is situated, suggesting 
the name of any offender against the pro- 
visions of this Act, and any witnesses 
necessary to the investigation, forthwith 
to issue warrants to bring before him such 
offender and witnesses ; and if, upon in- 
vestigation before such justice, sufficient 
evidence shall appear to satisfy him that 
further proceedings are warranted, a 
court shall be organized as in other cases 
for the trial of vagrants, before which 
such offender shall be tried and dealt 
with, as before directed ; and it shall be 
the duty of every sheriif and constable 
to whom any process for the enforcement 
of ^is Act may be directed, to execute 
the same with all practicable despatch, 
according to its mandate ; and he shall, 
when required, return, on oath, his pro- 
ceedings thereon. 6 vol. 554 

Upon conviction, in case of indictment 
for any offence specified in this Act, the 
tax costs of the Solicitor recoverable from 
the defendant shall be $300, to be used 
by him as a fund for defraying the ex- 
penses incurred in enforcing the provisi- 
ons of this Act. 6 vol. 555 



BAY, JUDGE. 

Allowed to leave the State for one year, 
5 vol. 349 

Allowed to leave the State for one year. 
5 vol. 438 

Allowed to leave the State for one year. 
5 vol. 497 

Excused from holding the Circuit 
Courts, and from sitting in the Court of 
Appeals, but may hear motions at Cham- 
bers. 6 vol. 77 

Authorized to leave the State for one 
year. 7 vol. 318 



BEACONS. 
To be erected. 2 vol. 24 
To be erected and placed in the harbor 
of Charleston. 4 vol. 38 



BEAUFORT. 



45 



To be erected in Charleston, Beaufort, 
and Georgetown harbours. 4 vol. 655 

BEASTS OF PREY. 

Bounty for killing. 2 vol. 180 

Act to continue for 2 years. 2 vol. 
180. 

Indians to bring in their skins. 2 vol. 
109. 

Or be whipped. 2 vol. 109 

Notice to be given to the Indians. 2 
vol. 109 

To be paid for surplus skins. 2 vol. 
110. 

Receiver of skins to be appointed. 2 
vol.110. 

Recompense for killing. 2 vol. 216 

Recompense to Indians. 2 vol. 216. 

To continue 2 years. 2 vol. 216 

Reward for kilUng. 3 vol. 271 

Reward for killing certain wild beasts. 
3 vol. 351 

All former Acts on the subject, repeal- 
ed. This to continue one year. 3 vol. 
352. 

Rewards for kilhng. 4 vol. 726 

Mode of proving. 4 vol. 726. 

Limited to 5 years. 4 vol. 726. 

Expired. 



BEAUFAIN. Baron de Beranger de. 

Authorized to sell and dispose of cer- 
tain lands which belonged to Hector 
Beranger de Beaufain. 4 vol. 744. 



BEARD, JONAS. 
His grant declared void. 5 vol. 



74 



BEAUFORT-TOWN. 

See Pilotage. 

All persons taking up front lots in 
Beaufort-town, to build thereon in 3 years, 
and back lots in four years, after the 
ratification of this Act, on penalty. 3 
vol. 14 

Fort at, to be repaired. 3 vol. 180 

Commander of garrisons and scout 
boats to dispatch expresses to the Gover- 
nor, on extraordinary occasions. 3 vol. 
181 

Three muster rolls to be transmitted, 
half yearly. 3 vol. 181 

Treasurer to furnish garrison and scout 
boats. 3 vol. 181 

Commander of the garrison, or any 



person belonging to them, not to trade 
with Indians. 3 vol. 181 

Encouragement to soldies to plant pro- 
visions. Commanders of garrisons ac- 
countable for the same to the General 
Assembly. 3 vol. 182 

What persons not to be enlisted as sol- 
diers. 3 vol. 183 

Owners of lots to erect on each lot, 
within three years, a tenantable house. 3 
vol. 575 

Penalty for neglect. 3 vol. 575 
Free school to be built. 3 vol. 575 
Commissioners of free school appointed. 
3 vol. 575 

And additional Act on the subject. 3 
vol. 575 

Receivers, comptrollers and waiters of 
the country duties appointed. 3 vol. 598 
Pilot appointed. Boat to be kept. 3 
vol. 712 

Fees of pilotage. 3 vol. 713 
Comptroller and Treasurer for the port 
of. 3 vol. 722 

Certain duties appropriated to build a 
pilot boat at Beaufort. 3 vol. 757 

Tax laid by a former Act not to be as- 
sessed. 3 vol. 758 

Commissioners nominated. 3 vol. 758 
Commissioners may appoint the pilots. 
3 vol. 758 

Fees of pilotage. 3 vol. 758 
Commissioners dying or removing. 3 
vol. 758 

Governor may disapprove an appoint- 
ment. 3 vol. 758 

Commissioners to account with public 
treasurer on oath. 3 vol. 758 

Receiver under this Act for Beaufort, 
to account with public treasurer. 3 vol. 
759. 

Powder duty to be paid. 3 vol. 759 
Receiver to give bond in 200 pounds. 

3 vol. 759 

Limitation, five years. 3 vol. 759 

Country waiter appointed for. 3 vol. 
776 

Comptroller of the Port of Beaufort, 
appointed. 4 vol. 14 

Regulations as to pilots and pilotage. 

4 vol. 156 

Country waiter, appointed. 4 vol. 323. 

Pilot boat, and pilotage, regulated. 4 
vol. 358 

Not lawful to raise hogs in Beaufort. 4 
vol. 673 



46 



BEAUFORT. 



Lnwful to kill hogs running at large. 4 
vol.^673 

Persons to be fined for allowing hogs to 
run iit large. 4 vol. 673 

Commissioners of the streets to be elec- 
ted by the infiabitants. 4 vol. 673 

Common land adjoining Beaufort, to 
be sold. 4 vol. 702 

Vacaiil lots to be ascertained and sold. 

4 vol. 70:i 

General issue may be pleaded. 4 vol. 
702. 

Court House and goal removed from 
there. Tj vol 73 

Beaufort Society, for promoting the 
education of children, and establishing of 
sclioi>ls in Beuut'ort, vested with a sum of 
money. .°) vol. '222 

Tlie Act of 2lst December, 1798, to 
prevent certain streets in Beaufort from 
being stojiped, &(•., repealed as to certain 
persoiis. 5 vol. 352 

?>tret'ts of tlie town to be laid off on 
Black's Pi)int. 5 vol. 049 

Moio of assessing dauiages. 5 vol. 649 

Iutenc*ant and WarJens to assess and 
collid a tax on all lots on Black's Point. 

5 vol. G'il) 

A•^ Art to continue in force an Act 
entiUed " An Act t(; incorporate the town 
of B aulbrt ; and for other purposes." 6 
vol. 35 

The Inferior Court of Record in Beau- 
fort aboiisht'd, and the Court of Wardens 
re-.stablished, and vested with the same 
power, iiir. prescribed by the Act passed 
on tile 17tli Djceuiber, 1803, entitled 
** An Act to incorporate the town of Beau- 
fort, &c.'' 6 vol. 101 

N jgrofs slaves, within the ages of fif- 
teen and fifty, who usually reside in the 
fill months in said town, to work upon 
the streets, when and so often as to the 
Town Council shall seem fit, during the 
time such slaves may be dwelling in said 
town. 6 vol. 123 

Such as work in Beaufort not to work 
on the roads in the country, nor in Beau- 
fort more than 12 days in the year. 6 
vol. 123 

Town Council to fill up ponds, drains 
and pools of standing water in the town, 
and to assess the inhabitants in propor- 
tion to the benefits received ; provided 



such assessment does not exceed 5 per 
cent ad valorem upon the value of houses 
and lots. 6 vol. 123 

The power and duty of regulating and 
superintending the patrol within the lovv'n, 
transferred to the Intendant and Wardens, 
who are vested with power to maka ordi- 
nances regulating the manner and time 
of performing patrol duty. 6 vol. 2;i l 

The powers given to the Governor or 
City Council of Charleston, as to the 
Quarantine Laws, given to the 'J'own 
Council of Beaufort, as to vessels arriving 
in the harbour of the town, or arriving, 
or wrecked, or stranded, on the s^a coast 
or islands within twenty miles ol' said 
town 6 vol. 474 

Boundaries. 8 vol. 252 

Powers of Intendant and Wardens. 8 
vol. 252 

Elections, when to be hold 8 v.)l. 252 

Recorder to hold an Inferior City 
Court. 8 vol. 27.> 

All issues to be tried by a jury. 8 vol. 
275 

Jurisdiction of the court. 8 vol. 275 
Regulations of the court. 8 vol. 273 
Taxes to be assessed on slaves. S vol. 
276. 

Council to be commissioners of ,.ilo!age. 
8 vol. 276 

Council authorized to open a certain 
street. 8 vol. 322 

To regulate patrol. 8 vol. 330 

Reincorporated. 8 vol. 373 

Incorporated ; elections, when to be 
held; oath of otfice ; managers of elec- 
tions ; vacancies, iiow filled ; powers and 
privileges; the wardens to keep the 
peace ; in case of riot ; each warden to 
preside over the ward to which he may 
be appointed ; Council may iinj)rison ; 
may grant licenses, and perform duties 
of commissioners of roads; Act to con- 
tinue of force for 14 years. 8 vol. 218, 
221. 

May fix assize of bread ; election to fill 
vacancies ; wardens may hold a court. 8 
vol. 225 

Council vested with powers of comrais- 
sioners of the roads. 9 vol. 454 



BEAUFORT DISTRICT SOCIETY. 
Authorized to draw a lottery. 5 vol- 
621. 



BENEFIT OF CLERGY. 



47 



BEAUFORT DISTRICT. 
Divided into 4 counties, i. e. Hilton, 
Lincoln, Greenville and Shrewsbury. 4 
vol. 663 



M. N. BEDGEGOOD AND D. MAN- 
DEVILLE. 
Land mortgaged to the Loan Office, 
and bought in, to be conveyed to them, on 
certain conditions. 6 vol. 589 

BEE, THOMAS. 
The Treasurer ordered to fund a certi- 
ficate for him. 5 vol. 335 



BEEF AND PORK, 

See Parkers. Bands ^ 

Beef, &c. already surveyed by the 
packer, may be exported. 2 vol. 264 

Buef imported for exportation to be 
marked with the letter N. 2 vol. 265 

Packer appointed. 2 vol. 265 

To enter into bond. 2 vol. 265 

In case of neglect of duty, another may 
be appointed. 2 vol, 285 

May iippoint deputies. 2 vol. 265 

Pieces not to be less than 4 lbs. 2 
vol. :^65 

Fee.-. 2 vol. 265 

Commissioners and packers of, appoin- 
ted toi Chatham, Camden and Vienna. 
5 vol. 260 

Powtis. 5 vol. 200, 261 

Vacancies, how to l^e tilled. 5 vol. 261 



BELIN, PETER. 

Vested with an e.xclusive right, for 14 
years, of ccrtniri water, or irrigating, ma- 
chines. 4 vol. 755 

Penalty on any pei^son infringing said 
right. 4 vol. 755 

Said P. Bclin, to furnish models of his 
water-works. 4 vol. 755 

On refusal to construct such works for 
any cilizer), or over charge, to be sum- 
moned by the court. 4 vol. 756 



BELLEVILLE. 

Laid out by W. Thompson. 4 vol. 557 

Streets-, <Sic. laid out in Belleville, to be 
forever public. 4 vol. 557 

Markets to be held without paying any 
toll. 4 vol. 558 

Two fairs to be held each year. Inhab. 



itants to choose directors and a clerk of 
the markets; proviso. 4 vol.558 

Directors of the fairs to appoint the 
place where they shall be held. 4 vol 
553. 

Poll to be taken for horses, mares, &c. 
4 vol. 559 

No person to be arrested at fairs ex- 
cept for treason, felony, &c. 4 vol. 559 

Fines, how to be disposed of 4 vol. 559 

Before whom recovered. 4 vol. 559 

BENEFIT OF CLERGY.- 

See Foiging. 

Clergy shall be allowed but once. 2 
vol. 455 

Benetit of clergy taken away from such 
as commit murder or felony in any church, 
highway, &ic. 2 vol. 457 

See note. 2 vol. 718 

Clergy taken from several persons 
which do commit divers offences. 2 vol. 
459. 

Clergy not allowed to those who stand 
mute, or who do make perernprory chaj- 
lenge of more than 20 2 vol. 463 

Cases in which benefit of clergy shall 
not be allowed. 2 vol. 464 

A man attainted, where the goods were 
carried, which where stolen in another 
county. 2 vol. 464 

Clergy not allowed to pirates. 2 vol. 
466 

No person robbing any house, &c. shall 
have the benefit of his clergy. 2 vol 479 

Three several doubts and questions 
moved upon. 2 vol. 479 

Burglary, the owner being in another 
part of the house or asleep. 2 vol. 48J 

Burglary in a tent or booth, fair or 
market. 2 vol. 480 

Such as rob in one shire and fly info 
another, shall not have their clergv. 2 
vol. 480 

Accessories in petty-treason, felony or 
murder, shall not have their clergy. 2 
vol. 484 

He that taketh away, privately, from 
the person of another, money or goods, 
shall not have his clergy, &c. 2 vol. 495 

The impudent boldness of cutting and 
picking purses. 2 vol. 495 

Where one shall be arraigned for a for. 
mer otfence, having his clergy for a latter. 
2 vol. 496 



48 



BILLS OF CREDIT. 



None shall have '"lergy that committeth 
rape or burglary. 2 vol. 498 

No man allowed his clergy, shall be 
committed to the Ordinary, but presently 
delivered. 2 vol. 498 

Justices may retain ofTenders in prison 
for a time. 2 vol. 499 

He that is allowed his clergy, shall an- 
swer to other felonies. 2 vol. 499 

Clergy taken from him that doth stab 
another, having not a weapon drawn. 2 
vol. 507 

Any person convicted of robbing a 
dwelling house, wherein there is any or no 
person, &c., or standing mute, shall lose 
his clergy. 2 vol. 532 

Persons indicted for a crime, of which 
being convict they would not have their 
clergy, if they stand mute, &;c., shall not 
have it. 2 vol. 532 

Persons indicted of a crime, as above, 
in a wrong county, if they stand mute, 
&c., shall not have it. 2 vol. 532 

Women convict of crimes for which 
men have their clergy, upon prayer, per- 
mitted as men. 2 vol. 533 

Where a person has had his clergy in 
another county, the clerk of the crown 
shall certify it. 2 vol. 533 



BENEVOLENCES. 
Enforced, under pretences of loans to 
the King, prohibitad. 1 vol. 113 

BENSON, GABRIEL. 
Allowed to establish a turnpike. 9 vol. 
439. 



BENTON, L. 
Treasurer of the lower division to re- 
convey to him a tract of land, on certain 
conditions. 6 vol. 47 



BERKLEY COUNTY. 
See Counties. 

Divided into six parishes. 2 vol. 237 
Created in 1785. 4 vol. 663. 



BIBBY, CAROLINE, 
The escheatable estate of John Bibby, 
vested in her. 6 vol. 38D 



BIGAMY. 
Felony to marry a second husband or 
wife, the former being living. 2 vol. 508 



Husband or wife being absent severt 
years from the other. 2 vol. 508 

To what persons this Statute shall not 
extend. 2 vol. 508 

No corruption of blood, loss of dower j. 
or inheritance. 2 vol. 508 



BIGGON CREEK. 
To be made navigable. 7 vol. 475 



210 
2 vol. 



2 vol. 



BILLS OF CREDIT. 

See Paper Medium. 

To be issued. 2 vol. 210 

Denominations. 2 vol. 210 

Penalty on counterfeiting. 2 vol. 

Bills of credit to be indented. 
210 

Receivable for taxes. 2 vol. 211 

To bear interest at 12 per cent. 
211 

Made a legal tender. 2 vol. 211 

To commence from the day of ratifica- 
tion. 2 vol. 211 

To pass current. 2 vol. 276. 

Taxes received, to be applied to taking 
up the bills of credit, with certain pay- 
ments excepted. 2 vol. 276 

New bills to be issued to amount of 
£8000. 2 vol. 302 

In what sums. 2 vol. 302 

Public creditors to be paid in new bills. 
2 vol. 303 

Penalty on counterfeiting the new bills. 
2 vol. 303 

Commissioners to take oath. 2 vol. 303 

New b-lls to be taken in payment by 
the public receiver, who may give specie 
for them. 2 vol. 303 

Old bills to be exchanged for new, and 
the old to be cancelled. 2 vol. 304 

All surplus monies to be applied to the 
new bills of this Act. 2 vol. 304. 

Made a legal tender for any sura under 
40 shillings. 2 vol. 304 

Penalty on refusing the bills. 2 vol. 
304 

Certain Acts revived and continued. 3 
vol. 302 

Comptroller appointed. 2 vol. 305 

To give security by bond. 2 vol. 305. 

Act for currency of country bills, re- 
pealed. 2 vol. 306 

Act to continue two years. 2 vol. 307 

See note by the Editor in relation to 
coin, currency and paper money. 2 vol. 
708 



BILLS OF CREDIT. 



49 



£3000 in twenty shilling bills to be rais- 
ed. 2 vol. 322 

Penalty on counterfeiting. 2 vol. 323 

Bills of credit to be indented. 2 vol. 
323 

Charges to be drawn for on the public 
receiver. 2 vol. 323 

On what fund. 2 vol. 323 

Draughts on the Receiver, by the Go- 
vernor, to be paid. 2 vol. 323 

Repealed by Act of April 24, 1708, 
which is also repealed by Act of March 
20, 1718-19. 2 vol. 323 (note.) 

£5000, in 20 shilling bills and 40 shill- 
ing bills, to be issued. 2 vol. 325 

Penalty for counterfeiting. 2 vol. 326 

Bills to be indented. 2 vol. 326 

Charges for stamping the bills, to be 
paid by the public receiver. 2 vol. 326 

Act of 14(h February, 1707 — 8, repeal- 
ed. 2 vol. 327 

Commissioners appointed. 2 vol. 352 

Value of bills to be issued. 2 vol. 353 

Penalty on counterfeiting. 2 vol. 353 

Bills to be indented and numbered. 2 
vol. 353. 

Book of entry to be kept in Charleston. 
2 vol. 353 

Commissioners to be under oath, &c. 
2 vol. 353 

Charges of issuing bills, to be paid by 
public receiver. 2 vol. 353 

The bills of credit to pass in payments. 
2 vol. 353. 

To have equal currency with former 
bills. 2 vol. 354. 

Ta.xes imposed by former Acts, to be 
continued for two years. 2 vol. 354. (re- 
pealed. 

£52,000 to be stamped and established 
and put out at interest, in order to call in 
and sink former bills issued to encourage 
trade and commerce. 2 vol. 389 

£30,000 stamped to carry on Indian 
war. 2 vol. 627. 

Taxes applied to cancelling. 2 vol. 
632 

To be stamped to the amount of £5000 
to carry on Indian war. 2 vol. 640. 

Under provisions of a former Act. 2 
vol. 640. 

Nomination of commissioners. 2 vol. 
640 

To the amount of £30,000 and £5000, 
declared void, till called in and cancelled 
VOL. X— 7. 



by a tax of £95,000. 2 vol. 663. 

Commissioners to get ready bills of 
credit from £5 to £50, to amount of 
£15,000. 2 vol. 664 

Said bills to be indented with counter- 
parts. 2 vol. 664 

Commissioners to defray the expenses 
with said bills. 2 vol. 664 

Plates and stamps to be defaced. 2 vol. 
664 

Commissioners nominated. 2 vol. 664 

To meet within ten days after passing 
of this Act. 2 vol. 665 

On every Tuesday and Friday. 2 vol. 
665 

Secretary to be appointed. 2 vol. 665 

Commissioners under former Acts, to 
settle their accounts in two months. ? 
vol. 665 

Persons refusing to receive bills of credit 
in payment, to be indicted. 2 vol. 665 

Counterfeiting bills of credit. 2 vol. 
666 

Stamped for payment of army in the In^ 
dian war. 3 vol. 34 

Counterfeiting bills of credit. 3 vol. 82 

Old bills of credit to be called in and 
cancelled. 3 vol. 155 

Penalty on counterfeiting. 3 vol. 155 

Commissioners appointed. 3 vol. 189. 

Bills of credit to be issued to amount 
of £120,000. To be indented and num. 
bered. 3 vol. 189 

Made current and legal tender in all 
payments. 3 vol. 189 

Penalty on refusing them. Penalty on 
counterfeiting. 3 vol. 189 

Outstanding bills to be called in and 
burnt. 3 vol. 189, 190 

No outstanding bills to be made a legal 
tender. 3 vol. 190 

Directions as to cancelling this new 
emission, 3 vol. 190 

Disposition of funds now to be raised. 

2 vol. 190 

Disposition of £40,000 by the treasu- 
rer. 3 vol. 190 

Duty and pay of public treasurer. 3 
vol. 191 

Directions for printing bills of credit. 

3 vol. 191 

Commissioners to attend to printing 
of bills. 3 vol. 192 

To enter into bond, and take an oath. 
3 vol. 192 



50 



BILLS OF CREDIT. 



Taxes to amount of £40,000, when to 
be raised. 3 vol. 192 

Allowance to commissioner and printer. 
S vol. 192 

Provision in case of death or refusal 
to act. (Repealed.) 3 vol. 192 

The within mentioned bills of credit, 
amounting to £55,000, shall be paid to 
public treasurer in duties only. 3 vol. 220 

Sum of £8000 to the commissioners of 
the bank. 3 vol. 220 

Remaining bills declared to be current, 
till provision be made for calling in the 
same. 3 vol. 221 

Old bills to be exchanged, and not cur- 
rent after 8 months. 3 vol. 221 

See the Editor's note and quotation 
from Brevard. 2 vol. 711. Ramsay's his- 
tory of South Carolina, 163, and Banks. 

If £12, 10 shillings, (the sum annually 
required by the Bank Act, to be paid for 
each £100) remains unpaid, in ten days 
after the expiration of each year, execu- 
tion to be issued out against the borrower. 
3 vol. 232 

Terms of the Bank Act. 3 vol. 232 

Old commissioners not able to attend, 
others appointed. 3 vol. 233. 

Commissioners appointed with all the 
powers given by the Bank Act, to issue 
executions. 3 vol. 233 

Compensation. Oath. 3 vol. 233 

Chief Justice may issue bills against 
defaulters, instead of the commissioners. 
3 vol. 246 

See Ante. 3 vol. 233 

Mr. Tradd appointed commissioner. 3 
vol. 246 

To be re-issued to amount of £2000, to 
relieve the garrison. 3 vol. 247 

When paid, to be sunk and burnt. 3 
vol. 247. 

An Act for calling in and sinking, sus. 
pended for seven years. 3 vol. 301 

Commissioners appointed. 3 vol. 305 

To reprint £106,500 in bills of credit, 
3 vol. 305 

Bills to be indented and numbered. 
To pass current in all payments. 3 vol. 
306 

Counterfiting made felony. 3 vol. 306 

Commissioners to exchange new bills 
for old. Old to be called in and burnt. 3 
vol. 306 

Bills unexchanged to be paid to Trea- 
aurer. 3 vol. 307 



Commissioners allowed £500. 3 vol. 
307 

The 4s. 6d. bills to be deemed current 
and lawful money of this Province. 3 vol. 
349 

Old bills to be current till 25th March, 
1734. 3 vol. 350 

See Act, Ante. 3 vol. ^05 

It shall be lawful for the Governor to 
appoint a commissioner in the room of 
Francis Yonge, Esq, to call in, reprint, 
sign and exchange the bills reprinted. 3 
vol. 369. 

The bills signed by such commissioner, 
and those signed by John Hammerton, 
Esq., declared good and lawful money. 3 
vol. 369 

If any of the commissioners die or depart 
the Province, before all the said bills are 
exchanged. Governor to appoint others. 
3 vol. 369 

Governor and Judges to receive their 
fees in current money, at five to one. 3 
vol. 373 

Denominations of bills supposed to be 
counterfeit. Currency prohibited. 3 vol. 
411 

Proclamation may be issued. 3 vol. 411 

Account to be kept of bills brought in. 
3 vol. 412 

Commissioners to judge of their gen- 
uineness. 3 vol. 412 

Warrants to be issued against suspected 
persons. 3 vol. 412 

Bills re-issued to be deemed current 
money. 3 vol. 4i2 

Penalty for counterfeiting. 3 vol. 412 

Counterfeit denominations to be pub- 
lished. 3 vol. 413 

Commissioners to sign and issue bills 
to amount of 10,000 pounds. 3 vol. 413. 

Commissioners nominated. 3 vol. 413 

To be stamped and emitted to the 
amount of 210,000 pounds, equal to 30,- 
000 pounds sterling. 3 vol. 424 

To be deemed lawful and current mo- 
ney. 3 vol. 424 

Tenor of the bills. 3 vol. 424 

Commissioners to be also commission- 
ers of loans. 3 vol. 425 

Oath to be taken. 3 vol. 425 

To exchange 100,000 pounds present, 
for the same amount of former bills. 3 
vol. 425 

To enquire into the value of lands of- 
fered in mortgay;e. 3 vol. -425 



BILLS OF CREDIT. 



51 



Import of words in the mortgage deed. 
3 vol. 426 ' 

Interest, how to bfi paid. 3 vol. 426 

10 per cent allowed for payments in 
coin. 3 vol. 426 

Five eighths of coin received to be again 
put out to interest. 3 vol. 426 

Disposition of the other 3 eighths. 3 
vol. 427 

An office to be kept in Charleston by 
the trustees. 3 vol. 427 

Clerk allowed. 3 vol. 427 

Bills so issued made a legal tender. 3 
vol. 427 

Penalty on refusing them. 3 vol. 427 

Auditors to be appointed. 3 vol. 428 

Remedy in case of non-payment of in- 
terest money. 3 vol. 428 

In case of sale, overplus to be returned. 
3 vol. 428 

Remedy in case of defective title. 3 
vol. 429 

Releases and discharges to be made on 
payment. 3 vol. 329 

Commissioners nominated. 3 vol. 429 

Case of death or removal. 3 vol. 429 

Commissioners may be discharged by 
the Assembly. 3 vol. 429 

Penalty on counterfeiting. 3 vol. 429 

General issue may be pleaded, and this 
Act given in evidence. 3 vol. 430 

Act not to be in force till approved by 
his Majesty. 3 vol. 430 

Orders to be provided and stamped to 
the amount of 35,010 pounds currency. 
3 vol. 462 

Tenor of orders. 3 vol. 462 

To be issued by the treasurer, and for 
what purposes. 3 vol. 462 

To pass current during five years. 3 
vol. 463 

Exception. 3 vol. 463 

To be applied to the use of this Pro- 
vince, and in support of the Colony of 
Georgia. 3 vol. 463 

To be examined and countersigned by 
the commissary. 3 vol. 463 

Case of a surplus, not issued. 3 vol 
463. 

Public debt founded on these orders, to 
be sunk by a general tax. 3 vol. 463 

Public Treasurer shall annually cross 
and file so much of these orders as are 
provided for. 3 vol. 463 

Penalty on forging orders. 3 vol. 464 



In lieu of Gen. Oglethorpe's loan. 3 
vol. 577 

Public Treasurer authorized to issue 
15,000 pounds currency. 3 vol. 577 

Application thereof. 3 vol. 577 

Appropriation of the tax of £10,250, 
imposed for 1741, 1742, 1743 and 1744. 
3 vol. 578 

Application of the sum to be raised un- 
der the present Act. 3 vol. 578 

Denominations of the orders in value. 
3 vol. 578 

Orders to be current. 3 vol. 578 

Tax 11,508 pounds, to be raised as a 
sinking fund. 3 vol. 578 

Application thereof. 3 vol. 579 

210,000 pounds, to be issued in paper, 
equal to £30,000 sterling at 7 for 1 ; 
from 2s. 6d. to 20 pounds. 3 vol. 672 

Made current money, and good legal 
tender. 3 vol. 672 

Form of the bill. 3 vol. 672 

Trustees of the General Loan Office 
may hold land on mortgage, and alien 
and sell land. 3 Vol. 672 

To take an oath. 3 vol. 673 

May exchange the present for former 
bills of credit. 3 vol. 673 

May lend at 8 per cent interest, not 
more than 1000 pounds, nor less than 100, 
on mortgage. Nor to more than half the 
value of the security offered. 3 vol. 673 

Mortgage deeds to be in a concise form. 
3 vol. 673 

Effect of the words, grant, bargain and 
sell. 3 vol. 673 

Precautions in taking the mortgage. 3 
vol. 674 

Value of silver, 1 pound 17s. 6d. cur- 
rency per oz. Of gold, 27 pounds cur- 
rency per oz. 3 vol. 674 

Five eighths of the coin received, to 
be put out to interest, at the aforesaid 
rates. 3 vol. 674 

2 eighths to be applied to assist poor 
Protestant emigrants. 3 vol. 674 

Time of re-payment. 3 vol. 674 

Bills received in payment, to be annu- / 
ally burnt. 3 vol. 675" 

Office to be kept in Charleston. 3 vol. 
675 

The bills to pass as current money, and 
a valid tender. 3 vol. 675 

Accounts to be audited. 3 vol. 675 

Refusal to pay interest during sixty 
davs. 3 vol. 675 



52 



BILLS OF CREDIT. 



upon 



Trustees in sach case to enter 
mortgaged lands. 3 vol. e?/) 

And dispose of the same by endorsement 
of the deeds. 3 vol. 676 

Overplus to be returned to the mortga- 
gor. 3 vol. 676 

In case of danger of loss, judgment may 
be entered up. 3 vol. 676 

Nomination of commissioners. 3 vol. 
676. 

Removable by the Assembly. 3 vol. 
677 

Forging or counterfeiting bills of credit, 
felony without clergy. 3 voh 677 

General issue may be pleaded, and 
this Act given in evidence. 3 v.ol. 677 

Not to be in force till approved by his 
Majesty. 3 vol. 677 

Commissioners authorized to stamp 
106,500 pounds, in bills of credit. 3 vol. 
702 

Denomination of sums, 3 vol. 702 

Forms. 3 vol. 702 

A commissioner always to attend the 
press. 3 vol. 703 

When the whole number is struck off, 
the plates to be obliterated. 3 vol. 703 

Bills to be signed by all or some of the 
commissioners, as specified in the Act. 3 
vol. 703 

To be indented with a counterpart. 3 
tol. 703 

Made current money. 3 vol. 703 

Penalty on counterfeiting. 3 vol. 703 

Bills to be delivered to public treasurer, 
and exchanged for old bills. 3 vol. 704 

Old bills to be filed. To be burnt. 3 
vol. 704 

Surplus to be applied as Assembly shall 
direct. 3 vol. 704 

Pay of commissioners and public trea- 
surer. 3 vol. 704 

Commissioners dying or removing, 
Governor may fill the vacancy. 3 vol. 704 

Commissioners nominated to stamp and 
sign bills to the amount of 20,000 pounds, 
to replace bills torn and obliterated. 3 
vol. 776 

Commissioners dying or removing. 3 
vol. 776 

Orders to be stamped and issued in 
payment of the Indian war. 4 vol. 114 

Commissioners appointed for stamping 
and issuing public orders for money. 4 
vol. 114 

Form of orders. 4 vol. 114 



To be delivered to public treasurer. 4 
vol. 114 

To be applied to the payment of expe- 
dition against Cherokees, commonly call- 
ed the Snow Camps. 4 vol. 115 

Treasurer to advertise in the Gazettes 
for claimants, who furnished the said ex- 
pedition. 4 vol. 115 

Oath to be administered to claimants. 
4 vol. 115 

A moiety to be deducted for articles 
refunded. 4 vol. 116 

Orders to pass for the value expressed 
therein. 4 vol. 116 

When to be called in and sunk. 4 vol. 
116 

How the required sums are to be raised. 
4 vol. 116 

Duties of the public treasurer under 
this Act. 4 vol. 117 

His fees. 4 vol. 117 

Penalty for counterfeiting. 4 vol. 117 

Schedule of debts to be paid. 4 vol. 117 

Commissioners nominated to stamp and 
issue bills, in lieu of some badly execu- 
ted. 4 vol. 154 

Commissioners dying. 4 vol. 155 

Penalty for counterfeiting, erasing or 
altering the bills. 4 vol. 155 

Commissioners appointed, (1769.) 4 
vol. 312 

Authorized to stamp 106,500 pounds 
in bills of credit, and the usual regula- 
tions made as to their passing current ; 
their form and mode of being issued. 4 
vol. 312 

Form of the bills. 4 vol. 312 

Commissioners to attend the press 
while bills are printing. 4 vol. 313. 

New bills to be exchanged for old. Old 
bills to be burnt. 4 vol. 314 

To the amount of 70,000 pounds, to be 
issued to build the several court houses 
and goals in the districts. 4 vol. 323 

What, by the Continental Congress. 4 
vol. 339 

Penalty on counterfeiting certificates 
or bills of credit issued, either by Con- 
gress of U. States, or by S. Carolina. 4 
vol. 340 

Commissioners appointed to issue bills. 
(1776.) Form of bills. Said bills to be 
a legal tender. Penalty for counterfeit- 
ing. 4 vol. 560 

President John Rutledge to contract for a 
loan of 500,000 pounds currency. 4 vol. 560 



felLLS OF CREDIT. 



53 



Other bills of credit issued during tiie 
Revolution, 1776, and another loan to be 
made of 300,000 pounds. 4 vol. 361 

Bills to be legal tender. 4 vol. 362 

Bills to be issued in case a loan cannot 
be procured. 4 vol. 362 

Time of paying loan extended, (1777.) 
4 vol. 378 

Penalty on counterfeiting, (1777.) 4 
vol. 390 

President empowered to borrow 500,^ 
000 pounds. 4 vol. 392 

$308,000 to be printed, in dollar bills. 
4 vol. 392 

Said bills to be a lawful tender. 4 vol. 
393 

Penalty on any person depreciating 
said bills," (1777.) 4 vol. 393 

New loan to be made, and bills issued ^ 
(1777.) 4 vol. 399 

More ordered to be issued. 4 vol. 401 

A loan of 500,000 pounds to be pro- 
cured. 4 vol. 402 

Indents to be granted for it. 4 vol. 
402 

To be issued. Plates to be watched* 
Bills to be delivered to treasurer. 4 vol. 
445 

$2,000,000 to be borrowed, (1778.) 4 
vol. 446 

Certificates to be given therefor. 4 
vol. 446 

81,000,000 in bills may be issued. To 
be legal tender. Penalty for counter- 
feiting. 4 vol. 446 

To the amount of one million of dol- 
lars issued, (1779.) 4 vol. 462 

Commissioners to superintend printing 
of said bills. 4 vol. 462 

Bills to be delivered to the commis- 
sioners of the treasury. 4 vol. 462 

Commissioners to contract for a loan, 
not exceeding four millions of dollars, 
(1779.) 4 vol. 462 

In case said sum cannot be borrowed, 
bills to be issued to the same amount. 4 
vol. 462 

Said bills to be a legal tender. 4 vol. 
462 

Penalty on counterfeiting. 4 vol. 463 

Commissioners neglecting or refusing 
to act. Governor may fill vacancies. 
Commissioners exempt from militia duty. 
4 vol. 463 

No longer legal tender in payment of 
debts. 4 vol. 508 



BILLS OF EXCHANGE AND PRO- 
MISSORY NOTES. 

Protested bills on Europe allowed 25 
per cent damages. 2 vol. 29, 38 

Bills on Barbadoes, Bermuda, or any 
other place in the West Indies or Ameri- 
ca, allowed 15 per cent damages. 2 vol. 
38 

Act limited to 23 months. 2 vol. 38 

Promissory notes may be assigned or 
indorsed, and action maintained thereon, 
as on bills of exchange. Plaintiff or de- 
fendant may recover costs. 2 vol. 544 

How action shall be brought. 2 vol. 
545 

Proviso against corporations giving out 
notes. 2 vol. 545 

Party refusing to underwrite bill of ex- 
change^ such bill may be protested for 
non-acceptance. 2 vol. 545 

No acceptance of inland bills of ex- 
change to be sufficient, unless the same 
be underwritten, nor drawer thereof lia- 
ble to costs, &;c. for non-acceptance, un- ' 
less protested, &c. 2 vol. 546 

No protest necessary for non-payment, 
unless the bill be drawn for £20 or up- 
wards. 2 vol. 546 

By whom protest shall be made. 2 
vol. 546 

Acceptance of bill esteemed a full pay- 
ment of debt, unless demanded and pro- 
tested. 2 vol. 546 

Proviso, 2 vol. 546 

See note. 2 vol. 748 

Protested bills to carry interest at 1 
per cent. 4 vol. 741 

Suits may be brought and recovered 
against drawer or indorser and creditors 
on protested bills ; where drawer or in- 
dorser is dead, to stand equally with bond 
debts. 4 vol. 741 

Damages on protested bills, out of the 
State, but within the U. States, ten per 
cent. If within N. America or West 
Indies, 12^ per cent. On persons in any 
other part of the world, 15 per cent, be- 
sides interest and charges. 4 vol. 741 

Jury to find a verdict, with difference 
of exchange, on suits, bills, or any debt 
made payable in any other country. 4 
vol. 741 

Assignee of one not negotiable, may 
bring suit in his own name, stating him- 
self to be assignee, but defendant is not 



54 



BILLS OF EXCHANGE AND PROx\IISSORY NOTES. 



precluded from any defence he could have 
made against the payee. 5 vol. 330 

Signature may be proved by others 
than the subscribing witness, unless de- 
fendant swears that it is not his signature, 
or if he be an executor or administrator, 
that he believes the signature not to be 
his testator''s or intestate's. 5 vol. 435 

Bills or negotiable notes, under $1, (of 
the Bank of the State excepted,) issued 
by any individual or company, or body 
corporate, within this State, shall be void. 
6 vol. 34 

Any body who passes or receives any 
such bill, in payment, shall be liable to 
be indicted therefor, and shall be fined, 
on conviction, not exceeding $10. 6 
vol. 34 

After 1st January, 1813, any person 
who shall pass, or attempt to pass, or re- 
ceive in payment, any bill or bills, pur- 
porting to be a bill or bills of any bank 
or body corporate, (the bills of the Bank 
of the State excepted,) of a lower de- 
nomination than $5, shall be liable to in- 
dictment, and shall be fined not exceeding 
$bO. 6 vol. 34 

Comptroller to publish this Act four 
times in one of the Gazettes of each dis- 
trict, where a Gazette is published. 6 
vol. 35 

No bank of this State bound to pay 
their bills cut in half, unless both halves 
are presented, or unless bond, with sure- 
ties, is given to indemnify the bank. 6 
vol. 181 

Where the notary who has made pro- 
test of any inland bill or promissory note 
is dead, or resides out of the district in 
which said bill or note is sued, his pro- 
test shall be received as sufficient evi- 
dence of notice in any action against 
any parties to the bill or note. 6 vol. 
182 

If an}^ note or bill, whether filled up 
before or after having been signed or in- 
dorsed, shall be passed away, after the 
death of such drawer or indorser, by an 
agent duly constituted in his or her life- 
time, the same shall be valid and bind- 
ing on his or her estate, in like manner 
as though he or she had not died before 
such passing away; provided, the note 
was so received bona fide, without a 
knowledge of such death, and that the 
act of the agent would have been bind- 



ing on the principal if it had been done 
before such death. 6 vol. 360 

Provided, the act be done in relation to' 
the bill or note, be done within nine 
months after the death of the drawer or 
indorser of such note or bill. 6 vol. 360' 

With or without seal, in the county 
courts, to be regarded as specialties, and 
sued in debt. 7 vol. 232 



BILL OF EXCEPTIONS. 
Every Judge shall, when required, 
sign and seal a bill of exceptions. 7 
vol. 295 



BILL OF RIGHTS. 
Passed 1 William and Mary, 1689, to 

declare the rights and liberties of the 

subject, and settling the succession of the 

crown. 1 vol. 124 

The heads of abdication, alledged 

against James II. 1 vol. 124 
Dispensing power. 1 vol. 124 
Committing prelates. 1 vol. 124 
Ecclesiastical commission. 1 vol. 124 
Levying money by prerogative. 1 

vol. 124 

Standing army. 1 vol. 124 
Disarming Protestants. 1 vol. 124 
Violating elections. 1 vol. 124 
Wrong prosecutions. 1 vol. 125 
Jury trial corrupted. 1 vol. 125 
Excessive bail, i vol. 125 
Fines and punishments. 1 vol, 125 
Grants of fines, &;c. 1 vol. 125 
The Prince of Orange issues writs. 1 

vol. 125 

The subjects''s rights. 1 vol. 125 
No dispensing power. 1 vol. 125. 
Late dispensing illegal. 1 vol. 125 
Ecclesiastical courts illegal. 1 vol. 125 
Levying money. 1 vol. 125 
Right to petition. 1 vol. 125 
Standing army. 1 vol. 125 
Subject's arms. 1 vol. 126 
Freedom of election. 1 vol. 126 
Freedom of speech. 1 vol. 126 
Excessive bail. 1 vol. 126 
Juries. 1 vol. 126 
Grants of forfeitures. 1 vol. 126 
Frequent Parliaments. 1 vol. 126 
Tender of the Crown. 1 vol. 126 
New oaths of allegiance, &c. 1 voL 

126 

Allegiance. 1 vol. 126 
Supremacy. 1 vol. 127 



BILLIARDS AND BILLIARD TABLES. 



55 



Acceptance of the Crown. 1 vol. 127 
The two houses to sit. 1 vol. 127 
Subjects's liberties to be allowed. 1 
yol. 127 

King's assent. 1 vol. 127 

Non ohstantes made void. 1 vol. 127 



BILL IN CHANCERY. 
No writ of subpoena to be granted until 
surety be given to make good charges in 
the bill. 2 vol. 551 



BIRDS. 
Bounty for killing. 2 vol. 179 
Act to continue for <J years. 2 vol. 
180 



BILLIARDS AND BILLIARD 
TABLES. 

See Licenses. Columbia. 

No billiards to be played later than one 
hour after sun-down. 3 vol. 585 

Made perpetual by Act of 1783. 4 vol. 
541 

Tax on licenses to retail liquors and 
keep billiard tables. 4 vol. 565 

When ana by whom licenses may be 
granted. 4 vol. 5G5 

Repealed. 4 vol. 570 

Tax on licenses to retail liquor and 
keep billiard tables. 4 vol. 576 

Licenses in the country. 5 vol. 576 

Penalty for retailing, &c. without 
license. 4 vol. 576 

Allowed to be licensed by the county 
courts and commissioners of roads. 5 
vol. 207 

Penalty on keeping them unlicensed. 
5 vol. 207 

None to be licensed in the town of 
Columbia. 6 vol. 104 

May be seized and disposed of bv 
Marshal. 6 vol. 104 

Penalty for keeping one. 6 vol. 104 

Not to be licensed within 15 miles of 
Columbia. 6 vol. 105 

And if kept, subject to the same pen- 
alties and liabilities as if kept in Colum- 
bia. 6 vol. 104 

Licenses for keeping, grantable by the 
commissioners of roads. 7 vol. 299 

Law forbidding them within 15 miles 
of Columbia, limited to 10 miles. 9 vol. 
524 

Limited to 5 miles during July, August 
and September. 9 vol. 568, 575 

Power of commissioners of roads to 
grant licences for. 9 vol. 564 



BIRTHS. 
Registry of. 2 vol. 14, 120 

BLACK CREEK. 
To be opened for navigation 
554, 561 

To be kept navigable. 9 vol. 413 



7 vol. 



BLACK MINGO. 

An Act to improve the navigation of. 
5 vol. 147 

Navigation to be improved. 7 vol. 
560 

Canal at the head of. 9 vol. 137 

To be opened. 9 vol. 461 

BLACK RIVER. 

See Inland Navigation. 

To be cleared out. 6 vol. 204 

To be made navigable in certain parts. 
7 vol. 475,489, 490 

Navigation to be improved. 7 vol. 
535, 561, 583 

To be made navigable. 9 vol. 348, 
428, 524 



BLACKVILLE. 
Incorporated. 8 vol. 458 



BLANDING, A. 
His bond as commissioner of public 
works cancelled. 6 vol. 234 



BLASPHEMY AND PROFANENESS. 

Persons denying the divinity, &c. 2 
vol. 196 

Penalty for first offence. 2 vol. 196 

Second offence. 2 vol. 197 

No prosecution unless information be 
given within four days after words spoken. 
4 vol. 197 

For the first offence, after renunciation, 
the person to be discharged. 4 vol. 197 

Ratified by the Lords Profyietors. 4 
vol. 197 

Virtually repealed by the Constitution. 

BOARD OF NAVAL OFFICERS. 
One commissioner refusing to act, the 



56 



BOARD OF PUBLIC WORKS. 



remaining eight commissioners to have 
the power of the whole. 4 voJ. 644 



BOARD OF PUBLIC WORKS. 

Five commissioners to be chosen by 
joint ballot of the Legislature, to carry 
into efTect the internal improvements of 
the State. 6 vol. 124 

They shall choose one of their number 
President, and appoint a Secretary, who 
shall be allowed such salary as they shall 
deem reasonable. 6 vol. 124 

President of the board to call meetings 
at his discretion, or when called on to do 
so by either of the commissioners. G 
vol. 124 

Board may adjourn from time to time, 
to such places as appointed. 6 vol. 124 

Board to receive their travelling ex- 
penses, and such allowance per day, 
while engaged in the service of the State, 
as is received by members of the Legis- 
lature. 6 vol. 124 

To commence the works contemplated 
by the Act as they shall deem most ex- 
pedient. 6 vol. 124 

To receive from time to time from the 
Bank of the State such monies as may 
be appropriated for the objects thereby 
contemplated ; but not to exceed at any 
time 810,000 

To establish tolls. 6 vol. 124 

Various other powers. 6 vol. 125 

To be a body corporate, called the 
Board of Public Works. 6 vol. 125 

Two acting commissioners to be ap- 
pointed, and to receive 86,000 between 
them, and no other allowances, and sur- 
veyors to be employed. 6 vol. 125 

Duty of the board, 6 vol. 125 

Contingent fund provided, to be ac- 
counted for annually to the Legislature. 
6 vol. 125 

Lands may be purchased for the State, 
and proceedings in such case. 6 vol. 125 

All vacant lands within ten miles of 
such works, vested in the board. 6 vol. 
127 

Fine for injuring public works. 6 vol. 
127 

Commissioners to give bond, and con- 
tinue in office one year. 6 vol. 127 

Road to be laid out from Charleston to 
Columbia, and to the Saluda Mountain. 
6 vol. 127 



Rivers and creeks to be opened. 6 
vol. 127 

Topographical surveys to be made. 6 
vol. 127 

Labourers, how to be employed. 6 vol. 
128 

Board to furnish plans and designs. 6 
vol. 128 

Clerks of the court to report every 
year, on the 1st November, the state of 
the court houses, repairs wanting, &;c. 6 
vol. 128 

The .sheriffs to make a similar report 
as to gaols. 6 vol. 128 

Commissioners of public buildings to 
assist. 6 vol. 128 

Office of civil and military Engineer 
abolished. 6 vol. 129 

Shall in no case contract for the ex- 
penditure of more money than shall be 
appropriated for that year. 6 vol. 152, 
172 

Or make contracts for more than that 
year''s appropriation. 6 vol. 152, 172 

BOARD OF TRUSTEES FOR SUPER- 
ANUATED MINISTERS. 
Incorporated. 6 vol. 534 



BOATS. 

See Larcenjj. 

Penalty to steal or let loose. 2 vol. 
105 

Slaves not allowed to have boats. Pro- 
ceedings in such cases. (Expired.) 7 
vol 382 

Slaves not to own boats. 7 vol. 394, 
409 

If sent with a boat, to have a ticket 
for that purpose. 7 vol. 394 



BOGGY GUT. 
Penalty on obstructing the navigation 
thereof. 4 vol. 688 



BOLINSTONE, SARAH & CHARLES. 
Certain escheated lands on the line be- 
tween Barnwell and Beaufort, vested in 
them. 6 vol. 188 

BOLTON, SARAH. 
Personal estate of Dr. Richard Bolton, 
who died intestate, leaving no issue or 
other relative than Sarah his wife, vested 



BONDS. 



57 



in her, after payment of debts. 5 vol. 
181 

Rights of others corning in hereafter 
reserved, and she to give security to the 
Ordinary of Charleston in double the 
amount of the property before she re- 
ceives it, to satisfy such claimants. 5 
vol. 181 



BOMAR, THOMAS. 

A Tax Collector, to give a new bond. 
5 vol. 731 



BONDS. 



.( 



See Official Bonds. C' '• f ^- ■ ! 

All fraudulent bonds made to avoid the 
debt or duty of others shall be void. 2 
vol. 497 

Assignee of, may bring an action in 
his own name on it, stating himself as 
assignee. 5 vol. 330 

But defendant is not precluded from 
any discount or defence he would have 
been entitled to at the suit of the obligee. 
6 vol. 330 

Signature may be proved by other than 
subscribing witness, unless defendant, at 
time of filing his plea, swear that the 
signature is not his; or is an administra- 
tor or executor, and swears that he has 
cause to believe the signature is not the 
testator's or intestate's. 5 vol. 435 

Whether under seal or not, to be sued 
on in the County court in debt, and to be 
regarded as a specialty. 7 vol. 232 

The plaintiff may, in covenant brought 
on bond, conditioned for performance of 
covenants, or for the delivery of proper, 
ty, or for things other than the payment 
of money j before he takes out eji^ecution, 
(and defendant, by rule of court, may 
compel him thereto,) submit the condition 
of such bond, and the special circum- 
stances to the jury, in like manner as on 
writ of enquiry^ which jury may assess 
and fix the debt or damages actually due ; 
and the execution shall be levied accord- 
ingly. 7 vol. 280 



BONA NOTABILIA. 
What. 2 vol. 438 
Wages due workmen in dock-yard. 2 



vol. 438 



VOL. X— 8. 



County 



BOOKS OF ACCOUNT. 

See SJiop Books. Evidence^ 
Courts. 

Of tavern keepers, shop keepers and 
retailers of spirituous liquors^ shall not be 
received as evidence in any court having 
the right to try the same, of any debt 
contracted, or monies due, for spirituous 
liquors, sold in less quantity than a quart. 
6 vol. 318 



BOOTH OR SHED. 
Must obtain license to retail liquors. 4 
vol. 566 

Repealed. 4 vol. 570 



BOTANIC SOCIETY OF SOUTH 

CAROLINA. 
Allowed to draw a lottery. 5 vol. 540 



BOTTNER, LEWIS. 
Allowed to have his claims audited 
against a confiscated estate, after the 
time limited. 5 vol. 69 

BOUNDARY LINE. 

See Convention between North and 
South Carolina; 

Preliminary observations. 1 vol. 404 

Between S. Carolina and Georgia. Be- 
tween S. and North Carolina. 1 vol. 404 

Documents, Memoranda, and Acts of 
the Legislature^ relating to the Boundary 
Line of South Carolina, viz. 

Extract from Gov. Drayton's View of 
South Carolina, in 1802, in relation to 
the boundary line of the State. 1 vol. 
404 

Remarks of the Editor thereon. 1 
vol. 405 

Extract from Timothy's Southern Ga- 
zette, October 21, 1732'. 1 vol. 406 

Extract, being the Representation of 
Geo. Burrington, Governor of North 
Carolina, on the Boundary Line. 1 vol. 
406 

Counter representatibn of Governor R. 
Johnson, of South Carolina, Timothy's 
Southern Gazette, Nov. 4, 1732. t vol. 
407 

List of papers and docurrients relating 
to the boundary line of South Carolina, 
deposited in the office of the Secretary 
of State, at Columbia. 1 vol. 407 

Documents relating to the boundary 



58 



BOUNDARY LINE. 



line between South and North Carolina, 
to be found in the Acts of the North 
Carolina Legislature, and in the office of 
the Secretary of State at Raleigh, North 
Carolina. 1 vol. 409 

Communication from Governor Swain, 
of North Carolina, to Jos. G. Cogswell, 
Esq. (for Dr. Cooper.) 1 vol. 409 

An Ordinance tor ratifying and con- 
firming a Convention between the States 
of South Carolina and Georgia, relating 
to boundary, passed 29th February, 1788. 
I vol. 411 ' 

Certain articles of boundary agreed on 
between the two States. 1 vol. 413 

An Act concerning the line of division 
between this State and North Carolina, 
passed 21st December, 1804. 1 vol. 415 

An Act for ratifying and confirming a 
provisional agreement between the State 
of South Carolina and the State of North 
Carolina, concluded at McKinney''s, on 
Toxoway river, the 4th of September, 
1813. 1 vol. 416 

Commissioners to settle all differences, 
&c. as to boundaries with Georgia. 4 
vol. 753 

Their powers. Proviso, that the Geor- 
gia commissioners have equal powers. 4 
vol. 753 

Governor to appoint agents in behalf 
of this State, to a Federal Court. 4 vol. 
753 

Commissioners have power to fix a 
boundary, and settle difterences with N. 
Carolina. 4 vol. 753 

Their powers. Proviso. The North 
Carolina commissioners to have equal pow- 
ers. 4 vol. 753 

Governor mav draw for expanses. 4 
vol. 753 

An Act concerning the line of division 
between this State and the State of North 
Carolina. 5 vol. 480, and 1 vol. 415 

An Act ratifying and confirming the 
convention between the Commissioners 
of the States of South and North Caro- 
lina, establishing the dividing line be- 
tween the said States, concluded at Green- 
ville, in the State of South Carolina, on 
the 2d November, 1815, (and see 1 vol. 
p. 419.) 6 vol. 15 



BOUNTY. 
For killing birds, and beasts of prey. 
vol. 179. (repealed.) 



Allowed on silk, wine, oil, flax, hemp, 
wheat, barley, cotton, indigo and ginger. 
3 vol. 613 

On hemp, flax, linen, thread, and cot- 
ton, (repealed.) 4 vol. 428 

Allowed recruits in the South Carolina 
Continental regiments. 4 vol. 514 

BOUNTY ACT. 
Passed 11th March, 1786, "to encour- 
age the destroying of beasts of prey," 
repealed. 5 vol, 151. 



BOUNTY OF LANDS. 
To each soldier, (1778) of the conti- 
nental troops. Conditions. Lands be- 
tween Tugaloo and Keowee, reserved for 
such purpose. 4 vol. 411. 



BOUNTY GRANTS. 

Names of persons entitled to grants of 
land. 4 vol. 645. 

Warrants of survey, dec, to be issued 
gratis, to the officers and men of the 
South Carolina Continental Line and Na- 
vy. 4 vol. 647. 

How lands between Tugaloo and Keo- 
wee rivers may hereafter be granted. 4 
vol. 647 



BOURNE, EDWARD. 
First Post Master in South Carolina. 



BOWMAN, JOHN. 
Authorized to change his name to John 
Bowman Lynch. 5 vol. 679. 



BRACER Y. 

Bill of Bracery and buying of titles. 2 
vol. 472 

All statutes made, concerning mainte- 
nance, embracery and champerty, shall be 
put in execution. 2 vol. 472. 

None shall buy any pretensed right in 
any land, unless the seller hath taken the 
profit thereof, one year before. 2 vol. 472 

Unlawful maintaining of a suit depend- 
ing in any of the King's courts. 2 vol. 
473 

Purchasing of a pretensed title by him 
that is in possession, is lawful. 2 vol. 
473 

Proclamation of the statutes of main- 
tenance, champerty, &c., shall be made 
at the assizes. 2 vol. 473 



BRIDGES. 



Within what time the offender shall be 
sued. 2 vol. 473 



BRANDING. 

See Horse Stealing. Cattle. 

Penalty for branding horses, cattle, 
calves, the property of others. 3 vol. 604 

Abolished in all cases, and in lieu there- 
of, in case of free white persons, punish- 
ment by tine and imprisonment substitu- 
ted. 6 vol. 489 



BREAD. 

See Kssize of Bread. Flour. 



BREEN, ANN AND ELIZABETH. 
The right of the State in the real estate 
of Philip Breen, vested in them and their 
heirs and assigns. 6 vol. 419 



BREMAR, F. 

See Sureties of D' Oyley. 

Proceedings against, stayed. 5 vol. 660, 
716 

Comptroller to return him money col- 
lected of him and paid into the treasury, 
and further, to indulge him and the other 
sureties of D 'Oyley, so as not to destroy 
the lien of the State. 5 vol. 693 



BREVARD, JUDGE. 

His abridgment of the laws. 1 vol. iv 

His observations on the legislative his- 
tory of South Carolina. 1 vol. 425 

First period, 1630 to 1720. 1 vol. 425 

Second period, 1720 to 1775. 1 vol. 
430 

Third period, 1775 to 1783. 1 vol. 
432 

Fourth period, 1783 to 1814. 1 vol. 
433 

List of Judges and Attorney Generals. 
1 vol. 439 

Authorized to leave the State for three 
months. 5 vol. 002 



BRIBERY. 

See Elections. 

At election, or offering to bribe, for 
oneself or his friend, punished by fine and 
imprisonment. 6 vol. 244 



BRIDGES. 
See Commissioners of Roads — Compa- 



nies. 



Commissioners to pay for bridges, built 
or to be built, pursuant to this or any 
former law. 3 vol. 223 

Male inhabitants, in their divisions, to 
be assessed for building bridges, &;c. 3 
vol. 224 

Present commissioners to issue out war- 
rants and collect arrears. 3 vol. 224 

Permission of General Assembly, suffi- 
cient authority for building a new bridge. 
3 vol. 224 

Rule for keeping bridges in repair 
throughout the Colony. (Repealed) 9 
vol. 48 

Bridges, how to be kept repaired. 9 
vol. 54 

Bridges between parishes. 9 vol. 54 

Penalty for injuring bridges. 9 vol- 
311 

Bridges between two parishes or dis- 
tricts. 9 vol.311 

How vessels and boats are to pass bridg- 
es. 9 vol. 311 

Rates of toll to be posted. 9 vol. 312^ 
395 

Penalty for delays at. 9 vol. 312 

No bridge to be established by law, un- 
less the person petitioning for the same 
give notice to the commissioners of roads 
of the district, six months before the ses- 
sion of the Legislature, and produce to 
the Legislature a certificate of the fact. 9 
vol. 443 

Bridges to be kept in repair by commis- 
sioners. 9 vol. 504 

No toll to be paid in passing bridges 
going to or coming from church. 9 vol. 
459 

Persons exempt from toll. 9 vol. 468, 
459 

Penalty for taking unlawful toll. 9 vol- 
478 

How injuries to bridges may be quickly 
repaired. 9 vol. 515 

Fine for overcharge of toll at any bridge, 
9 vol. 520 

Preachers exempt from working on. 9 
vol. 524 

Assessments for building. 9 vol.562 

Conditions on which ferries are vested 
in owners of bridges being repaired, 9 
vol. 594 

Railing to be put up to all toll bridges. 
9 vol. 528 

Keepers of toll bridges to keep their 
rates fixed up. 9 vol. 395 



60 



BRIDGES. 



How to be crossed, 6 vol. 314 

No fire to be carried on one. 6 vol. 
314 

No wooden building allowed within fifty 
feet of one. 6 vol. 314 

No slave to pass one without a ticket. 
6 vol. 314 

No toll keeper to trade with a slave. 6 
vol. 314 

Proprietors liable to indictment for not 
keeping them up. 6 vol. 315 

Penalty, how applied. 6 vol. 315 

General principles of law regulating 
companies for building bridges, &c. 6 vol. 
302. 

County courts vested with jurisdiction 
over roads, bridges, &c. 7 vol. 237 

Persons passing Columbia and Saluda 
bridges, to pay toll but at one in the 
course of the day. 9 vol. 571 

Ticket to be given. 9 vol. 571 

Penalty for counterfeiting the same. 
9 vol. 571 
Abbeville, bridges in that district. 9 vol. 

515,524 
Allen's, Saluda. 9 vol. 595 
Ancrum's, Stono. 9 vol. 489 
Ashepoo. 9 vol. 97, 429 
Ashley River Bridge. 3 vol. 178. 9 vol. 

117, ]67, 329,344 
Ashley river, Stoney Point. 9 vol. 279 
Augusta. 9 vol. 339, 412, 471, 472, 480 

589 
Bacon's. 9 vol. 131,575 
Baker's and Waring's, St. George's Dor- 
chester. 9 vol. 131 
Beck's, Savannah. 9 vol. 475 
Beck's, near Beck's ferry. 9 vol. 475 
Bell's, Lynch 's Creek. 9 vol. 389 
Bennecker's, South Edisto. 9 vol. 573 
Black river. 9 vol. 135, 138 
Black's Creek. 9 vol. 296 
Black's, Sugar Creek. 9 vol, 433 
Black Mingo Ferry and Creek. 9 vol, 

461, 465, 508 
Blackstock's, Tiger river. 9 vol. 610 
Big Black Creek. 9 vol. 360 
Bobo & Ferguson's, Tiger river. 9 vol. 

609 
Box's, Edisto. 9 vol. 417 
Broad River Bridge. 9 vol. 553, 554, 577 
Buck's, Enoree. 9 vol. 598 
Bridge over Cypress Swamp. 9 vol. 

816 
fridges in Abbeville. 9 vol. 515, 524 



Bridge over Edisto. 9 vol. 38 
Bridge over Eighteen Mile Creek, Pen- 
dleton. 9 vol. 526 
Bridge over Labardee Creek. 9 vol. 59 
Bridge over Lakes at McCord's Ferry. 9 

474 
Bridge over Wadmalaw. 9 vol. 24 
Bridge between Lady's Island and Saint 

Helena's. 9 vol. 13*5 
Bridge on the road from Saint Helena 

and Port Royal to Ashepoo. 9 vol. 14 
Bridge in Saint George's Dorchester. 9 

vol. 505 
Bridges on Stark's road, from Granby to 

Augusta. 9 vol. 360 
Bridge at Strawberry. 3 vol. 439. 9 vol. 

43 
Bridge at Thomas's Island. 9 vol. 13, 

51 
Camden Bridge. 9 vol. 603, 607, 608 
Campbellton, Savannah. 9 vol. 405, 

480 
Cannon's, Edisto. 9 vol. 333, 370, 387, 

408, 456 
Chappell's, at ferry. 9 vol. 615 
Charleston Bridge. 9 vol. 434, 449, 

601 
Cheraw bridge. 9 vol. 512, 543 
Cherry's, Seneca. 9 vol. 608 
Chesnut's, at ferry. 9 vol. 615 
Clement's ferry bridge. 9 vol. 444 
Columbia bridge. 9 vol. 496, 497, 523 

530, 571 
Combahee, Radnor. 9 vol. 116, 173 
Compty's, Broad River, near Columbia. 9 

vol. 339, 445 
Congaree, at Granby. 9 vol. 337, 3^5 ^ 

390 
Cooper River Bridge Company. 9 vol, 

444 
Coosa whatchie. 9 vol. 151, 229 
Curry's, Edisto. 9 vol. 397 
Cypress Swamp. 9 vol. 316, 448 
Dawhoe. 9 vol. 32 
De Laughter's, Steven's creek. 9 vol, 

605 
Dorchester. 9 vol. 58, 131 
Du hose's. Lynch 's creek. 9 vol. 388, 

573 
Durkie's, Enoree. 9 vol. 447, 539 
Eagle's, in Dorchester. 9 vol. 131 
Echaw Creek. 9 vol. 4, 40, 59 
Edisto. 9 vol. 33, 369 
Edisto, North. 9 vol. 191 
Edisto, old mill seat. 9 vol. 350 
Eighteen Mile Creek. 9 vol. 526 



BRIDGES. 



61 



Enoree. 9 vol. 325, 355, 582 
Eutaw. 9 vol. 500 
Penny's Creek. 9 vol. 33 
Fish Pond. 9 vol. 116 
Pitt's, Edisto. 9 vol. 551 
Poster's Creek Bridge. 9 vol. 38 
Four Hole Swamp. 9 vol. 574 
Gain's, Sakida. 9 vol. 480 
Gambrill's, Saluda. 9 vol. 528, 610 
Gibbes's Pond. 9 vol. 165, 167 
Givham's. 9 vol. 416, 499 
Gordon's, Tiger River. 9 vol. 596 
Goose Creek. 9 vol. 7, 27 
Guignard's, Edisto. 9 vol. 527, 586 
Hampton's, Congaree. 9 vol. 337, 345, 

390 
Harllee's, L. Peedee. 9 vol. 573, 602 
Harrelson's, L. Peedee. 9 vol. 397, 475 
Henderson's, Enoree. 9 vol. 418, 469, 

516, 608 
Hooper's, St, Andrew's. 9 vol. 174 
Horsey's, Edisto. 9 vol. 595 
Hudson's, Lynch's Creek. 9 vol. 506 
Huff's, Wassamasaw. 9 vol. 491 
Huger's. 9 vol. 100 
Hughes's, Edisto. 9 vol. 441 
Holman's, S. Edisto. 9 vol. 403, 475 
Jacksonborough, Edisto. 9 vol. 359 
Jacksonborough, Pon Pon. 9 vol. 408 
Jennings's Mill. 9 vol. 551 
Johnston's, Edisto. 9 vol. 333, 381, 443 
Johnston's Upper Bridge, Edisto. 9 vol. 

458 
Jones's, N. EdisLo. 9 vol. 377 
Jones's, Lynch's Creek. 9 vol. 418, 

456 
Jordan's, N. Edisto. 9 vol. 367, 555 
Kingstree. 9 vol. 149 
Kolb's, Edisto. 9 vol. 440 
T.angston's, Lynch's Creek. 9 vol. 60S 
Lostergette's, Orangeburgh. 9 vol. 456, 

459, 595 
Little Saltcatcher. 9 vol. 521 
Lowry's, Black River. 9 vol. 422, 474 
Lynch's Creek. 9 vol. 438, 583 
Mc'^ollum's, Saint George's Dorchester. 

9 vol. 131 
McKewn's, Saltcatcher. 9 vol. 216 
McLaurin's, Peedee. 9 vol. 409 
McCord's ferry Lakes. 9 vol. 474 
Maxwell's, Saluda. 9 vol. 398 
Maybin's, Enoree. 9 vol. 608 
Minnick's. 9 vol. 183 
Minus's, Edisto. 9 vol. 465, 498, 600 
Mood's ferry, Peedee. 9 vol. 425. 



Mouzon's, Black river. 9 vol. 475, 494 

Moorman's, Tyger river. 9 vol. 506, 507 

Mucinfuss's, F^our Holes. 9 vol. 354, 465 

Murphy's, Edisto. 9 vol. 440, 540 

Murphy's, Tyger. 9 vol. 597, 603 

Musgrove's, Enoree. 9 vol. 613 

Newsom's, Little Peedee. 9 vol. 474 

Orangeburgh, Edisto. 9 vol. 340 

Odom's, Edisto. 9 vol.402 

Owendaw Creek. 9 vol. 73 

Pon Pon. 9 vol. 86, 156, 312 

Patterson's, Saltcatcher. 9 vol. 542 

Purse's, Saluda. 9 vol. 592 

Rantole's, Stono. 9 vol. 412 

Raysor's, Edisto. 9 vol. 599 

Saluda Bridge. 9 vol. 571 

Sandy Ford. 9 vol. 598 

Sanders's, Lynch's Creek. 9 vol. 601 

Saltcatcher. 9 vol. 321 

Schevillet's, North Edisto. 9 vol. 381 

Shaw's, Enoree. 9 vol. 355 

Skinner's Landing, Lynch's Creek. 9 vol. 

423 
Shultz's, Augusta. 9 vol. 589 
Shultz and Cooper's, Augusta. 9 vol. 471, 

472, 589 
Sheridan's, Edisto. 9 vol. 599 
Sitton's. 9 vol. 600 
Slan's. 9 vol. 283, 293, 294, 301, 423, 

469, 599 
Smith's, Saluda. 9 vol. 614 
Smith and Graham's, Saluda. 9 vol. 481 
Sims's, Tiger river. 9 vol. 441 
Strawberry. 3 vol. 43. 9 vol. 43 
Stono Bridge. 9 vol. 29, 31, 48, 150 
Swindle's and Maxwell's. 402 
Thompson's Creek. 9 vol. 296 
Togadoo. 9 vol. 488 
Tucker's, Enoree. 539 
Wadmalaw. 9 vol. 29, 48 
Wallace's, Saint Paul's. 9 vol. 420, 582 
Wambau. 9 vol. 59, 201, 368 
Wappoo Creek. 9 vol. 41, 163, 174, 229 

327, 328 
Wapetaw. 9 vol. 218 
Ware's, Saluda. 9 vol. 550, 597 
White's Swamp. 9 vol. 73 
Weekley's, Saltcatcher, 9 vol. 395 
Williamson's, Edisto. 9 vol. 457 
Williams's, Saluda. 9 vol. 542 
Wilson's and Garrison's, Saluda. 9 vol. 

609 
Wilson's Mills, Saluda. 9 vol. 615 
Wilson's, Wassamasaw. 9 vol. 495, 496, 

499 



62 



BRIG AMELIA, 



BRIG AMELIA. 

See Cholera. 



BRIGADE ENCAMPMENTS, 
How regulated. 8 vol. 549, 550 



BRIGADE INSPECTORS. 
So much of the Act of 1794, which 
provides for their payment, repealed. 6 
vol. 26 



BRIGGS, ISAAC. 

See Siea7)i Ensiine. 



BRITISH GOODS. 
Goods &c. imported from Great Britain, 
to be seized and forfeited, 1777. 4 vol. 
399. 



BROAD RIVER. 

See Inland Navigation. 

An Act for opening navigation of. 5 
vol. 81 

To be kept open to the passage of fish. 
5 vol. 509 

Penalty for obstructing. 5 vol. 509 

Commissioners to superintend slopes 
and sluices. 5 vol. 509 

One or more fish sluices to be made in 
the dam. 6 vol. 219 

To be kept open for Fish, and dams 
and other obstructions to be removed in 
six months. 7 vol. 531, 539, 540, 561 

Company to open its navigation. 7 
vol, 558 

Repealed. 7 vol. 576 

Commissioners to open it. 7 vol. 577 

Commissioners appointed to open it and 
the Saluda, and a sum appropriated. 7 
vol. 577, 578 

Portage to be made around Lockhart''s 
Shoals. 7 vol. 582 

To be worked on. 9 vol. 467 



BROWN, CLEMENT C. 
Exempted from payment of interest on 
a bond given by him to the Treasurers of 
the State. 5 vol. 412 



BROWN, MALCOLM. 
His confiscated estate restored to him, 
and his banishment revoked. 5 vol. 184 



BUFFINGTON, JOSEPH. 
Lands mortgaged by him to the State, 



for a loan to construct Iron Works on Fa- 
colet, to be secured to the State. 4 vol. 
404. 

Commissioners of the Treasury to sell 
lands on which are his Iron..Works. 4 
vol. 108 



BUGGERY. 

Punishment of the vice of. 2 vol. 465 

Statute of 25 H. 8, c. 6, whereby the 

committing Buggery with mankind or 

beast is made felony, revived. 2 vol. 493 



BUILDINGS. 
In Charleston, not to be built of wood. 
7 vol. 159 



BULL, WM. 

Exonorated from certain pains and pen- 
alties, on his taking the oath of allegi- 
ance. 5 vol. 44 

Exempted ftom the pains and penalties 
of the Act of Confiscation and Banish- 
ment, and allowed to bring his slaves 
back to the State. 5 vol. 187 



BULL'S CUT. 
Appropriations for opening, and ap- 
pointment of Commissioners, repealed. 6 
vol. 234 



BUOYS. 

Buoys and anchors to be fixed. 2 vol. 
610 

Two pence per tun, payable on vessels 
for Look-out and Buoys. 2 vol. 610 

Act, laying duties for keeping up, re- 
pealed. 3 vol. 616 

To be erected and placed in the harbor 
of Charleston. 4 vol. 38 

To be erected in Charleston, Beaufort 
and Georgetown harbours. 4 vol. 655 



BURGESS, JAMES. 
Naturalized. 5 vol. 134 



BURGLARY. 

No person robbing any house, &c. shall 
have the benefit of his clergy. 2 vol. 479 

Three several doubts and questions 
moved upon the Stat, of 23 H. 8, c. 1. 
2 vol. 479 

The owner, &c. being in another part 
of the house or asleep. 2 vol. 480 



BURGLARY. 



63 



Burglary in a tent or booth, fair or 
hlarket. 2 vol. 480 

None shall have clergy that committeth 
rape or burglary. 2 vol. 498 

Accessary, where the principal is not 
convicted, only punished for misdemeanor. 
4 vol. 307 

Persons apprehending a burglar or 
house-breaker, to be rewarded. 4 vol. 307 

Persons niained in endeavouring to ap- 
prehend, entitled to an annuity ; if killed, 
family entitled to the same. 4 vol. 307 

Judges or justices to decide who are 
entitled to reward.'^ under this Act. 4 vol. 
308 

For a slave to break open and steal 
from Corn houses and Rice houses. (Ex- 
pired.) 7 vol. 374 

Slave may be killed if found commit- 
ting burglary and attempts to escape, 
resists, or refuses to submit. (Expired.) 7 
vol. 394 



BURIALS. 

Registy of. 2 vol. 14. 120 

BURIAL GROUND. 
For negroes in Charleston. 7 vol. t7 
Established in Charleston, for strangers 
and transient persons. 7 vol. 92 

BURN. JAMES. 
Repaid the amount of his property con- 
fiscated. 5 vol. 144 



ing to the damnifying of others, 2 vol. 
477 

It shall be felony, unlawfully and se- 
cretly to burn or cut a frame of timber 
prepared for making a house. 2 vol. 478 

This felony doth not make the wife lose 
dower, nor work corruption of blood in 
the heir. The offender's heir shall satis- 
fy the party grieved. 2 vol. 478 



BUTCHERS. 

To produce to clerk of the Markets in 
Charleston, the hides and ears of all neat 
cattle brought for sale, who shall destroy 
them, after registering the brands and 
marks, and names of those who produce 
them. .5 vol. 279 

Penalty for neglect. 5 vol. 28 



BURNING. 
If any person shall maliciously, unlaw- 
fully and wilfully burn, or cause to be 
burnt or destroyed, any ricks or stacks 
of corn or grain, barn or other house, or 
other buildings or kilns, in the day time, 
such person shall be adjudged guilty of a 
misdemeanor, and liable to be fined and 
imprisoned at the discretion of the Court ; 
and all laws repugnant to this, repealed. 
6 vol. 368 



BURNING A HEAP OF WOOD. 

See Malicious Mischief. 



BURNING A CART LOADEN. 
See ffialicious mischief. 



BUTCHERING. 

Not allowed within the lines of Char- 
leston, under penalty. 7 vol. 38 



BUTLER, EDWARD. 
Naturalized. 5 vol. 134 

BUTLER, JOHN. 
Allowed to bring certain negroes inttf 
the State. 5 vol. 322 



BUTLER, PIERCE. 

Released from his executorship of Com- 
modore Alexander Gillon, not having ad- 
ministered or interfered with estate. 5* 
vol. 357 



BYRNE, PATRICK. 
Naturalized. 5 vol. 134 



BURNING OF FRAMES. 
Several new and wicked devices tend- 



CACAW CREEK. 

Not to be obstructed. 9 vol. 387 

Drains and water passages to be cut, 
&c. 5 vol. 264 

Commissioners to open drains, &c. to 
have power of commissioners of roads, 
to compel work to be done by those hving 
within the limits of said drains, &c. 5 
vol 357 

To be drained. 7 vol. 513 

Drains and water passages to be clear* 
ed. 7 vol. 533, 536, 537,570 

CALENDER, JULIEN. 
4 vol. 6 



46 



CAMDEN. 



CALHOUN, N. AND D. 
All the right of the State by escheat in 
the estate of William Huston, relinquish- 
ed to them. 6 vol. 232 



CAMBRIDGE. 

Name changed to, from Ninety-Six. .3 
vol. 50 

To finish the business there, two Judges 
ordered to hold, each a Court, one of the 
Common Pleas, the other of General Ses- 
sions, for 15 days. 7 vol. 264 

CAMBRIDGE COLLEGE. 

Incorporated, with certain powers and 
privileges. 4 vol. 675, 678 

Additional Trustees for College of 
Cambridge. 5 vol. 3 

Seven to constitute a quorum. 5 vol. 4 

Cambridge College, authorized to es- 
tablish a lottery. 5 vol. 223 

Trustees of Cambridge College author- 
ized to sell all the property of the College, 
to pay its debts, and if any surplus, to 
apply it to the establishment of a gram- 
mar school in Abbeville district. 5 vol. 
459 

The Act authorizing certain persons to 
sell the lands and buildings of, repealed. 
8 vol. 234 



CAMDEN COUNTY. 
To be divided into 7 counties, viz. Clar- 
endon, Richland, Fairfield, Claremont, 
Lancaster, York, (New Acquisition,) and 
Chester. 4 vol. 662 

CAMDEN, [TOWN.] 

Commissioners of the streets to be 
elected by the inhabitants. 4 vol. 673 

Commissioners of the streets and mar- 
kets appointed, with all the powers con- 
ferred on those of Georgetown. 5 vol. 
24 

Council to grant licenses for retailing 
liquors and keeping billiard tables. 5 
vol. 212 

Prices for licenses. .5 vol. 212 

Wardens to meet once in two months. 
5 vol. 245 

Intendant and Wardens, each, vested 
with the powers of a justice of the peace. 
5 vol. 316 

Commissioners appointed to ascertain 
the boundaries of 5 vol. 318 

Boundaries thereof. 5 vol. 334 



Plan of the town recorded in Sufveyof 
General's office, and attached to this Act^ 
and recorded therewith in Secretary of 
State's office, b vol. 335 

Commissioners appointed to exchange 
the lot on which stood the late goal of 
Kershaw, for another lot, with the Town 
Council of Camden, to rebuild the goal 
upon. 5 vol. 690 

For rebuilding the goal, $5,000 appro- 
priated. 5 vol. 691 

Appropriation for sufferers by fire, in 
Camden, $2,000. 692 

Incorporated. 8 vol. 165 

Election of Intendant and Wardens. 

5 vol. 166 

Oath of office. 5 vol. 166 
Vacancy, how filled. 5 vol. 166 
Powers of the corporation. 5 vol. 166 
May draw lottery. 5 vol. 168 
All persons liable to perform militia du- 
ty in the town of Camden, are exempted 
from turning out on company parades 
oftener than once in two months. 6 vol. 
181 

Town Council vested with the power 
of organizing, detailing and enforcing 
the performance of patrol duty in the 
companies in Camden. 6 vol. 98 

Members of the Town Council subject 
to the same penalties for neglect of patrol 
duty, that the captains of beat companies 
are now subject to. 6 vol. 98 

Every free white man, of the age of 
21, who shall be possessed of any real 
estate in the town, for which he shall 
have paid to the town any tax for the 
year immediately preceding, may vote 
for Intendant and Wardens, or for any 
other officer elected by the citizens there- 
of 6 vol. 264 

That portion of the court-house square, 
known as No. 1, in the plat of Camden, 
15 feet front on Broad-street, and West 
132 feet, exchanged with and transferred 
to William M'Willie, for a lot adjoining 
the court-house square, and to form a part 
of it. 6 vol. 356 

Relief to sufferers in Camden by fire. 

6 vol. 408 

Town Council empowered to regulate 
the performance of patrol duty, and to 
receive a pecuniary commutation in lieu 
of personal services. 6 vol. 415 

Empowered to appoint a Recorder and 
Marshal, who shall be ex-officio a Justice 



CAMDEN. 



65 



of the Peace, except for the trial of small 
and mean causes. 6 vol. 415 

The Council authorized to impose an 
annual tax on such wagons, drays, carts, 
or other vehicles, as may be employed to 
haul for hire for more than one day at a 
time, within the limits of the town, wheth- 
er belonging to residents or non-residents ; 
provided, the tax does not exceed a cer- 
tain amount. 6 vol. 553 

May impose on each free negro resi- 
dent an annual capitation tax, not isxceed- 
ing three dollars. 6 vol. 554 

Council may adopt sach rules and reg- 
ulations as rnay be necessary to carry 
fully into effect these powers. 6 vol. 554 

Powers of the town council, as com- 
missioners of public roads. 8 vol. 251 

As to retailers of spirituous liquors. S 
vol. 251 

As to assessing taxes. 8 vol. 251 

Who may vote. 8 vol. 252 

Intendant and Wardens, how elected. 
S vol. 341 

Power of council over patrol. .8 vol. 
370 



CAMDEN, [BANK OF.] 
See Banks. 

Corporate powers and privileges, 
vol. 79 



CAMDEN FIRE ENGINE COMPANY. 
Exempted from ordinary militia duty. 
8 vol. 368 



CAMDEN ORPHAN SOCIETY. 

Incorporated. 5 vol. 67 

Escheated property vested in them. 5 
vol. 363 

Vested with power of escheators. 5 
vol. 363 

Empowered to draw lotteries. 5 vol. 
364 

The escheated property in Kershaw, 
vested in the trustees of, until the pro- 
ceeds amount to $21,000. 6 vol. 187 

The right reserved to the Legislature 
to convey any escheated property to any 
one who may have an equitable claim. 6 
vol. 187 



CAMPBELL, DAVID. 

Allowed to place a dam across Edisto 
river. 5 vol. 354 

Conditions. 5 vol. 354 

Remedy by any one for injury by the 
dam. 5 vol. 354 



CAMDEN STEAM-BOAT COMPANY. 
Incorporated. 6 vol. 536 
VOL. X— 9. 



CAMPBELL, MARTHA. 
Her name changed to Martha Smith. 
5 vol. 702 



CANALS. 

The power of Congress to make, de- 
nied, 1 vol. 229, 242 

A lottery authorized, to cut a Canal 
from Back river to Chappel bridge. 5 vol. 
679 

From Rogers's Lake into Peedee, to be 
kept open. 5 vol. 280 

Canal to be contracted for, from the 
waters of Cooper river to those of Santee. 
7 vol. 540 

A company established for that pur- 
pose. 7 vol.541, 542 

A company established for clearing 
and improving the navigation of Edisto 
and Ashley rivers ; and for making a 
canal between Edisto and Ashley. 7 
vol. 545 

Catawba company allowed to cut a 
canal from Stave Landing creek to the 
Charleston road leading to Camden. 7 
vol. 557 

Who liable to keep in repair the canal 
up Round O swamp. 7 vol. 574 

Powers of the commissioners. 7 vol. 
575 

A canal to be cut by public subscrip- 
tion from Rogers's Lake to the Peedee 
river. 7 vol. 575 

Appropriation to cut a canal across 
North Island, from Winyaw Bay to the 
ocean. 7 vol. 579 

A company established for the inland 
navigation from Sampit into Santee, and 
from Santee into Cooper or Wando river. 
7 vol. 580 

Boards of commissioners to be estab- 
lished by joint resolution, or on failure 
and in case of vacancy, by the Superin- 
tendant of public works, for various ca- 
nals in different parts of this State. 6 
vol. 214 

Canals to be under their care, 6 vol. 
215 



66 



CANALS. 



Superintendantj tVith their approbation, 
to establish the tolls, with the rules and 
regulations of the different canals. 6 
vol.215 

Boards to appoint toll collectors. 6 
vol. 215 

Toll collector to give bond and sureties ; 
his duties and powers. 6 vol. 215 

Boats, how to be passed through. 6 
vol. 216 

How boats are to pass through the 
locks. 6 vol. 216 

How they are to pass through the guard 
gates. 6 vol. 216 

Each board to report annually, 1st Oc- 
tober, to the Superintendant. 6 vol. 216 

Tow-paths not to be used, except to 
tow vessels, or for loading and unloading. 
6 vol. 217 

Penalty for obstructing canals. 6 vol. 
217 

Penalty for improperly opening or shut- 
ting gates. 6 vol. 217 

Penalty for injuring any part of a 
canal. 6 vol. 217 

How boats are to pass each other. 6 
vol. 217 

No setting pole or shaft to be used. 6 
vol. 218 

Penalty for obstructing the navigation. 
6 vol. 218 

Toll collector, &;c. on being discharg- 
ed, to deliver up his house, and if he re- 
fuse, summary means of obtaining pos- 
session. 6 vol. 218 

Penalties, how to be recovered. 6 
vol. 218 

Offences committed by slaves, how to 
be punished. 6 vol. 218 

Streams ordered to be made navigable, 
not to be obstructed. 6 vol. 219 

Fish sluices to be constructed. 6 vol. 

Fresh water to be kept running through 
the canals during July, August, Septem-* 
ber and October. 6 vol. 219 

The Superintendant of Public Works 
to convey to William Edward Hayne 
certain streets in the town of Columbia, 
on certain conditions, near the canal. 6 
vol. 267 

Also to J. J. Faust and M. Antonio. 6 
vol. 267 

Water of the canals, how to be used. 
6 vol. 267 



Penalty for violating contracts fof ih& 
use of the water. 6 vol. 268 

Power of persons having charge of the 
canal. 6 vol. 268 

No person to act as commissioner of 
canals, who has permission to use water 
therefrom. 6 vol. 268 

Title of N. Herbemont confirmed to 
certain lands adjoining the Columbia 
canal. 6 vol. 268 

Superintendant to place all the canals 
under the direction of one of his assis- 
tants, and the several boards of canal 
commissioners abolished, their power be- 
ing transferred to the assistant. 6 vol. 
277 

Rates of toll established at the Lans- 
ford, Catawba, Rocky Mount, Wateree, 
Lockhart's, Drehr's and Saluda canals. 
6 vol. 370 

Rates of the Columbia canal. 6 vol. 
370 

Whenever, in the opinion of the Super- 
intendant of Public Works, a higher rate 
of toll may be necessary to raise a reve- 
nue adequate to meet the entire expense 
of all the canals and their repair, he may 
increase the said rates ; provided, such 
increase shall not exceed fifty per cent of 
the foregoing rates ; and he shall report 
such increase to the next Legislature. 6 
vol. 370 

Superintendant to lease the water pow- 
er which the canals aflfbrd, upon the Le- 
gislature''s approving the contract, but 
the contract to be ijjso facto void, in case 
it does not contain a stipulation that no 
water shall be used under such contract, 
which may reduce the water in the canals 
below the top of the waste wier, or where 
there is no waste wier, below the top of 
the upper gate of that level from which 
such use is authorized. 6 vol. 271 

Toll collectors to keep books, in which 
shall be entered daily, an account of all 
the boats, rafts and other craft which pass 
the gates, specifying their size and char.' 
acter, and the toll received therefrom; 
which books shall always be open to the 
Superintendant. 6 vol. 372 

The Superintendant of Pubhc Works 
authorized to lease, at public sale, the 
water power on the several canals of the 
State, for any term not exceeding tert 
years, subject to the provisions of the Act 
" concerning the canals of this State," 



CANALS. 



67 



passed on the 20th December, in the year 
of our Lord 1825. 6 vol. 410 

The Superintendant authorized and 
required to keep the several public canals 
and turnpike roads in good repair, and to 
defray the expenses thereof out of the 
State tolls; provided, that no contract 
for such repairs to exceed the amount of 
the tolls, shall at any time be made, with- 
out having been first submitted to and 
sanctioned by the Legislature. 6 vol. 
410 

The rates of toll on cotton and empty 
boats passing through the Columbia canal, 
or Lockhart's canal, or the Wateree ca- 
nal, shall, at the discretion of the Super- 
intendant of Public Works, be raised by 
any increase of not less than fifty per 
centum, nor more than one hundred per 
centum, upon the rates heretofore estab- 
lished ; provided, that no increase of toll 
be collected upon boats or cotton passing 
the Wateree canal, which shall pay toll 
at all the locks on the Catawba river 
above the Wateree canal, and only such 
increase as the Superintendant may think 
advisable upon boats and cotton which 
shall pay toll at some of the said locks. 

6 vol. 493 

Commissioners appointed to contract 
for a canal from the west branch of Coop- 
er river to Cook's or Greenland's swamp, 
or from the East branch to Echaw or 
Santee creek to Santee river. 7 vol. 540 

Santee Canal Company incorporated. 

7 vol. 541 

A company formed to cut a canal be- 
tween Ashley and Edisto rivers, 7 vol. 
545 

Company authorized to open a canal 
from head of Stave Landing creek to the 
main road leading from Charleston to 
Camden. 7 vol. 557 

A canal to be cut up Round O swamp. 
7 vol. 566 

Who to defray the expenses. 7 vol, 
574 

A canal to be cut by public subscrip- 
tion, from Rogers's Lake to the Peedee 
river. 7 vol. 575 

Commissioners and appropriation to 
cut a canal across North Island, from 
Winyaw Bay to the Ocean. 7 vol. 579 

Winyaw and Wando Canal Company, 
incorporated. 8 vol. 370 



Canal at head of Black Mingo. 9 vol, 
137 

One to be cut near Lynch 's causeway. 
9 vol. 534 

Further concerning. 9 vol. 556, 557, 
558 



CANOES. 

See Larceny. Scout Canoes. 

Penalty to steal or let loose. 2 vol. 
105 

Slaves not allowed to own Canoes or 
Boats. Proceedings in such cases. (Ex- 
pired.) 7 vol. 382 

Slaves not to own Canoes. 7 vol. 394, 
409 

If sent with one, to have a ticket for 
that purpose. 7 vol. 394 



CA. SA. 

See Execution. 

If defendant under ca. sa., consents to 
be discharged, he may be discharged, and 
afterwards be re-taken, or fi. fa. issued, 
without impairing the lien of the plain- 
tiff. 6 vol. 1 

No female hereafter to be arrested un- 
der a ca, sa. 6 vol. 237 



CAPIAS AD RESPONDENDUM. 
Form of, in county court. 7 vol. 235 



CAPIAS UTLAGATUM. 

See Writs. 



CAPITAL* OFFENCES. 

Persons indicted for, to have a copy of 
their indictment, and make defence by 
counsel, 3 vol. 286 

Their witnesses compelled to appear, 
3 vol. 236 

CAPTAINS OF VESSELS, 
Captain, master, &c. wilfully casting 
away, or burning, &c. any ship, shall suf- 
fer death. 2 vol. 544 

Such offence committed on the high, 
seas may be tried in any shire in England, 
as by 28 H, 8. c. 15. Person convicted 
to sulier death without benefit of clergy, 
2 vol. 544 



CARDS. 
Duty on playing cards, 4 vol. 
Repealed. 4 vol. 570 



566 



68 



CAROLINA. 



CARNES, THOMAS P. 
Allowed to practice Law in this State. 
5 vol. 496 



22 



CAROLINA. 
First charter, dated 1662-3. 



1 vol. 17, 



Contents. I vol. 21 

Second charter. 1 vol. 31 

Rejects the agrarian laws of the Pro- 
prietors. 1 vol. 20 

Seven of the Proprietors surrender 
their charter to George the Second, 1729, 
and Lord Carteret in 1744 ; its govern- 
ment then becomes regal. 1 vol. 40, 41 

Province divided into North and South 
Carolina, by order of Council, 1729, and 
boundaries fixed. 1 vol. 41 

Fundamental Laws of Carolina- 
Locke's Constitution, drawn up by him 
for Lord Ashley, 1st March, 1669. 1 
vol. 43 

Rejected by the Assembly in 1702. 1 
vol. 41, 42 

Locke's Constitution. 1 vol. 43 



CARSAN, WM. 
Exempted from banishment. 
225 



5 vol. 



CARTER, GEORGE. 
Indent in his favor to be issued. 5 
vol. 347 

CARTERET, LORD. 

His rights in the Carolina charters re- 
served in the surrender of 1729. 1 vol. 
71 



CARTWRIGHT, JOHN. 

200,000 acres granted to him, between 
the rivers Santee and Wateree, on cer- 
tain conditions. 3 vol. 593 

His right vested in John Selwyn. 3 
vol. 593 

John Selwyn and heirs, being Protes- 
tants, exempted froni ta::ation for ten 
years. 3 vol. 594 

Warrant to be made out, within three 
years. 3 vol. 594 



CARUTH, A. 
To be proceeded against. 6 vol. 176 



Further indulgence granted to him. 6i 
vol. 137, 153 



CARUTH'S SURETIES. 
Allowed credits on his bond, and fur- 
ther indulgence granted. 6 vol. 231 



CARUTH & THOMPSON. 
$10,000 loaned them on certain terras, 
to establish a Cotton Factory in Green- 
ville. 5 vol. 693 



CASIQUE. 
A title of dominion, borrowed frorn the 
Mexican Indians. 1 vol. 43 



CASE. 
See Trespass on the Case. 



CASSELS, JOHN. 
Allowed a sum from the confiscated 
estate of James Cassels. 5 vol. 84 



CATAWBA AND WATEREE COM- 
PANY. 

Company for the opening the naviga- 
tion of the Catawba and Wateree rivers. 
7 vol. 549 

See its extraordinary privileges. 7 
vol. 550 

Company free from taxes ; punishments 
for injuring their works ; all lands within 
two miles ungranted, vested in them; 
may import slaves into the State, and 
allowed 5 years credit for duties ; may 
acquire and sell any kind of property, 
real or personal. 7 vol. 550 

Authorized to cut a canal from Stave 
Landing creek to Charleston road. 7 
vol, 557 

Title to certa,in lands confirmed. 5 
vol. 96 

One half of the price of the lands to. 
be paid the State. 5 vol. 97 

Certain lands vested in said company, 
under proviso. 5 vol. 97 

Commissioners appointed on the part 
of the State, and others tp be appointed 
by the President of the company, to as- 
certain the amount of money expended 
advantageously by them in opening the 
Catawba river, the amount expended for 
other purposes, ^ho nmount given for stock 
bv the present Stockholders, the amount 
arising from the sale of lands sold by 



CATAWBA INDIANS. 



69 



them, and report the same at the next 
session. 5 vol. 701, 727 

The Governor to fill vacancies in the 
State Commissioners, and the Company 
to fill vacancies in their Conimissioners. 
5 vol. 701, 727 

Commissioners to meet 1st Monday in 
August, and to choose a fifth person. 5 
vol.'701, 727 

Suit in Equity against the Company, 
,on the part of the State, suspended till 
next session, provided the Company de- 
sist from selling any of their land- 5 
vol.701, 727 

Allowed $20,000 to relinquish their 
.charter, and all title to certain lands, by 
deed to the Comptroller, and to account 
for certain sales of lands. 6 vol. 62 

Grants for these lands not allowed to 
]be taken out. 6 vol. 63 

If these terms are not accepted, proper 
legal officer to take legal steps to procure 
a forfeiture of their charter. 6 vol. 63 



CATAWBA INDIANS. 

May lease their lands for life or term 
of years, provided no lease exceeds nine- 
ty-nine years. 5 vol. 576 

Governor to appoint 5 proper persons 
to superintend such leases. 5 vol. 576 

No lease good unless signed and sealed 
by at least four of the head men or chiefs, 
and witnessed by a majority of the super- 
intendants. 5 vol. 577 

An annual rent to be reserved. 5 vol. 
577 

Not more than three years in advance 
to be paid at any time. 5 vol. 577 

No payment good, if not made in con- 
formity with this Act, and receipts given 
by such of the chiefs as usually transact 
their affairs, and by a majority of said 
superintendants. 5 vol. 577 

Superintendants to be commissioned 
for seven years. 5 vol. 577 

Commission to be recorded in the Sec- 
retary of State's office, and an office 
copy to be received as good evidence in 
the Courts, as the original would be. 5 
vol. 577 

All Acts repugnant, repealed. 5 vol. 
577 

So much of the Act of 1808, as for- 
bids more than three years rent to be paid 
in advance on any lease of Catawba In- 
dian Lands, and a receipt given for the 



same by such of the chiefs as generally 
transact the atlairs of the nation, and in 
the presence of a majority of the super- 
intendants, repealed. 5 vol. 678 

Hereafter, no payments to be made in 
advance for more than 7 years, and no 
payment to be deemed valid unless re- 
ceipts thereof be given and attested by 
one of the said superintendants. 5 vol. 
678 

A lease for three lives of such land, to 
be equivalent to a free-hold, except where 
it is required by the Constitution of the 
State, or of the United States. 5 vol. 
678 

Their superintendants, or a majority of 
them, may sue for trespasses on their 
lands, or for any injury done the personal 
property of the Indians. 6 vol. 18 

And may distrain for rent. 6 vol. 19 

This a p'ublic Act. 6 vol. 19 

All the reversionary right, title and in- 
terest of this State, in and to the Cataw- 
ba Indian lands, vested in the persons 
who now or hereafter may hold the said 
lands as lessees of the said Catawba 
Indians, their heirs and assigns, accord- 
ing to the location of their respective 
leases. 6 vol. 602 

Provided, that nothing shall be so con- 
strued as to impair the interest and right 
of the said Catawba Indians in and to the 
said lands. And provided, also, that be- 
fore the reversionary interest aforesaid of 
this State shall in any case vest, the les- 
see, or his or her heirs or representatives, 
shall execute to the State of South Caro- 
lina a bond, and lodge the same in the 
treasury of the upper division, which shall 
be in a penal sum, the interest whereqf 
shall be equal to the annual rent now 
payable by such lessee to the said Indians, 
and conditioned that the said lessee shall 
pay annually into the treasury, on the 
first Monday in January, in each and 
every year, the interest of seven per cent 
upon the said penalty, in lieu of the rent 
now payable by him, for the use of the 
said Indians ; and in default of the punc- 
tual payment of such interest, the penalty 
of the said bond shall be thereby forfei- 
ted. 6 vol. 602. 

The respective right, title and interest 
of such of the lessees as may execute and 
file such bonds as aforesaid, in and to the 
Catawba Indian lands, shall be regarded, 



70 



CATAWBA INDIANS. 



and are declared to be, pledged by way of 
mortgage to the State of South Carolina, 
to secure the punctual payment of the in- 
terest aforesaid ; and such pledge shall 
be regarded by the Courts of this State, 
and is declared to be, prior and para- 
mount to any other lien by mortgage, 
judgment, execution or other incum- 
brance ; and upon a petition filed by the 
agent to be appointed, or other person, 
in behalf of the said Indians, to any Judge 
of Law or Equity, in term time, or at 
chambers, setting forth the delinquency 
of any lessee in making payment, ac- 
cording to his or her bond, and upon satis- 
factory proof made of the fact of delin- 
quency, such Judge is authorized and 
required to declare, by order, the forfei- 
ture of the right, title and interest of such 
delinquent lessee in the land aforesaid ; 
and in default of such delinquent lessee 
in paying up the arrearages and cost, 
within sixty days from the date of such 
order, his right," title and ii'terest shall be 
directed to be sold by the Sheitf of Lan- 
caster or York districts; jnovided, rea- 
sonable notice shall be given to the lessee 
of the filing of such petition; and the 
proceeds shall be paid into the treasury, 
for the use of the said Indians. 6 vol. 
602. 

The said lands shall be exempt from 
taxation by the State, until the final ex- 
tinguishment of the Indian title, by lapse 
of time, or otherwise, according to law ; 
at which time the said bonds shall be can- 
celled, and they are declared to be null 
and void — and the said lands, so held as 
aforesaid, shall hereafter be considered 
and adjudged real estate, and shall pass 
and descend according to the laws of this 
State. 6 vol. 602 

The Governor is authorized to appoint 
some fit and proper person, as Agent of 
the Catawba Indians, who shall enter into 
bond, to the State of South Carolina, in 
the penal sum of $5000, with three good 
sureties, to be approved of by the commis- 
sioners to approve of the official honds of 
district officers, conditioned for the faith- 
ful performance of his duties, as declared 
by this Act. 6 vol. 603 

The duties of the Agent shall be as fol- 
lows, to wit — He shall superintend the 
execution of the bonds before specified, 



so as to see that they contain the proper 
penalties, according to the true amounts 
payable to the said Indians ; he shall en- 
ter in a book the several amounts of 
interest, payable annually by the respec- 
tive lessees into the treasury; and quar- 
terly, at the end of March, June, Sep- 
tember and December, in each year, he 
shall draw upon the treasurer of the up- 
per division for one-fourth of the whole 
amount of interest secured to be paid by 
the lessees aforesaid ; and the said trea- 
surer is required to pay such draft ; and 
upon receiving the money, the said Agent 
shall purchase with the same, upon the 
best terms practicable, first, wholesome 
provisions ; second, necessary clothing ; 
and third, such other necessaries or com- 
forts as the amount of money may war- 
rant ; and distribute the same in proper 
proportions among the said Catawba In- 
dians, having regard to their respective 
ages, conditions and necessities. He 
shall keep a book, in which shall be en- 
terea a full and accurate account of all 
his receipts and disbursements, the amount 
and description of his purchases, and the 
manner of distribution, and shall file 
in the offices of the Clerks of Common 
Pleas of York and Lancaster districts, 
quarterly returns thereof, and make to the 
Governor an annual return of his pro- 
ceedings and transactions ; and as a 
compensation to said Agent, he shall be 
entitled to receive the sum of ten per cent 
upon all monies drawn and expended 
by him, as is before provided. 6 vol. 
603. 

The treasurer of the upper divison shall 
make known to the said Agent the names 
of each defaulter in paying the interest 
aforesaid, and the Agent shall proceed by 
petition, as aforesaid, at the next suc- 
ceeding term of the Court of Common 
Pleas or Equity, if not sooner before a 
Judge at Chambers ; and the said trea- 
surer shall report to the Governor, annu- 
allv, the ahiount received from the lessees, 
and the names of those who make default, 
and the sum payable by each. 6 vol. 603 

All Acts and parts of Acts repugnant to 
this Act, repealed. 6 vol. 603 



CATAWBA LANDS. 

See Catawba Indians. 



Cattle. 



71 



Catawba river. 

See Fish. Inlartd Navigation. 

Act to make it navigable. .5 vol. 14 

Passage of fish not to be obstructed. 5 

Vol. 509 

Penalty for obstructing. 5 vol. 509 
Company for opening its navigation, 

With that of the Wateree. 7 vol. 549 
See its many privileges. 7 vol. 550 
Allowed to cut a Canal from Stave 

Landing Creek to Charleston road. 7 

vol. 557 



CATFISH CREEK. 

See Inland Navigation. 

Navigation to be improved. 7 vol. 561 



CATHCART, ROBERT. 
All the right of the State to a certain 
lot in Winnsborough, vested in him. 6 
vol. 507 

CATTLE. 

See Tollivg. 

Certificate may be obtained to kill un- 
marked cattle, and on what conditions. 2 
vol. 106 

Penalty for killing without such oath 
and license, or employing a slave without 
a white person. 2 vol. 107 

Ears to be produced. 2 vol. 107 

Marking such cattle. 2 vol. 107 

Limitation of time. 2 vol. 107 

Justice may refuse or withdraw certifi- 
cate. 2 vol. 107 

Provision as to certain Islands. 2 vol. 
108 

Act limited to two years. 2 vol. l08 

Unmarked and outlying cattle to be 
hunted up, and by whom. 2 vol. 220 

Who to furnish a man to hunt. 2 vol. 
221. 

Persons to pay for having their cattle 
taken up. 2 vol. 221 

Power of commissioners over the hunt. 
2 vol. 221 

Persons claiming shall make oath; 2 
vol. 221 

Fines and forfeitures, how recovered. 
2 vol. 221 

Commissioners in ditTerent districts. 2 
vol. 222 

Vacancies, how supplied. 2 vol. 222 

Act to continue two years. 2 vol. 222 

Butchers to toll the cattle they mean to 
slaughter. 2 vol. 262 



Toll-master to be appointed. 2 vol. 
262. 

Marks to be described on oath. 2 voh 
262. 

To be entered by the toll-master. 2 vol. 
262. 

Penalty. 2 vol. 262 

Treble damages for maiming cattle, or 
throwing down inclosures «&c. in the night 
time. 2 vol. 522 

Three or more Justices of the Peace 
have power to inquire of the offence, and 
punish the offenders. 2 vol. 522 

Witness refusing to appear, shall be 
committed to prison. 2vol. 522 

No person to be twice punished for 
same offence. 2 vol. 522 

Prosecution to be within six months. 2 
vol. 522 

No person to raise cattle on the other 
side of the Savannah river. 3 vol, 123 

Penalty for branding, marking or dis- 
figuring horses or neat cattle, and killing 
of neat cattle and calves, the property of 
others. 3 vol. 604 

Slave not to brand horses or cattle, but 
in presence of some white person. 3 vol. 
604. 

Regulations to prevent the further 
spread of infectious disorders among 
them; Continued for 2 years. 3 vol. 
643. 

Post. 647 

Killed for packing in barrels, to be 
penned 12 hours before killing. 3 vol. 
688 

Penalty on wilfully killing, marking 
or disfiguring horses or neat cattle. 4 vol. 
178, 284 

Reward to persons informing. 4 vol. 
178, 284 

No slave to brand or mark horses or 
cattle. 4 vol. 178, 285 

Stray horses and cattle to be reported to 
toll-master. 4 vol. 178, 285 

Who shall advertise them. If not 
claimed by the owner in 12 months, to 
be sold at public outcry. 4 vol. 178 

Overseers to give information of estrays. 
4 vol. 178 

Penalties, how recovered. 4 vol. 179j 
285 

Appropriation. 4 vol. 179, 286 

A former Act (1704,) repealed. 4 
vol. 178, 286 



72 



CENSUS. 



Limitation to 5 years, and in 1768 con- 
tinued 7 years. Again, in 1784, indefi- 
nitely renewed, 4 vol. 179, 286, 622 

Penalty on persons stealing cattle, &;c. 
5 vol. 139 

Penalty for marking, branding or dis- 
figuring, wilfully, cattle belonging to any 
one else. 5 vol. 139 

Slave not to mark or brand any, but in 
presence of some white person. 5 vol. 
140. 

The Acts of 11th February, 1745, and 
26th March, 1784, in relation to stealing 
neat cattle, repealed. 5 vol. 141 

Not to be kept or butchered within the 
lines of Charleston. 7 vol. 38, 48 

No slave allowed to have any neat 
cattle. Forfeited to the poor. Proceed- 
ings in such cases. (Expired.) 7 vol. 
382. 

No slave to own any neat cattle. Pro- 
ceedings in such cases. 7 vol. 394, 409 



CATTLE CREEK. 
To be made navigable. 9 vol. 425 
Penalty for obstructing the passage. 9 
vol. 426 ' 



CATTLE MARKET. 
Appropriation for purchase of a lot to 
erect suitable buildings, on Charleston 
Neck, for a cattle market, subject to the 
draft of the South Carolina Agricultural 
Society, who are authorized to carry the 
object into effect. 6 vol. 407 



CAUSE OF ACTION. 
See Writs. 

CAUSEYS. 
Ashley ferry. 9 vol. 199, 249, 391 
Ashley Ferry bridge. 9 vol. 167, 279 
Beard's ferry. 9 vol. 185 
Bryan's, Port Royal. 9 vol. 34 
Clement's ferry. 403, 410 
Carmichael's Bridge, Peedee. 9 vol. 425 
Combee Marsh. 9 vol. 34, 37, 376 
Cockran's ferry. 9 vol. 287. 307 
Cypress Swamp. 9 vol. 448, 436, 484, 

596. 
Four Hole Swamp, 9 vol. 574 
Foisine's Islands. 4 vol. 266 
Over Lynch's Island. 4 vol. 266. 9 vol. 

104, 119, 214, 164, 243, 312, 366, 

411, 519, 556, 534, 600 
Lawrence Causey. 9 vol. 553 



North Edisto Bridge, 9 vol. 191. 

Pon Pon. 9 vol. 157 

Rantole's. 9 vol. 414 

Roupell's. 9 vol. 305 

Strawberry. 9 vol. 45, 137 

Wassamasaw. 9 vol, 491. 495, 496, 499* 



CAVEATS. 

Determinable, and proceedings there- 
on. 4 vol, 708 

Oath of commissioners. 4 vol, 708 

A court of Caveats to be held monthly. 
4 vol. 708 

The Law Judges vested with power to 
hear and determine Caveats, instead of 
the Governor and Council. 7 vol. 275 



CEDAR SPRING ACADEMIES. 
Certain escheated property in Spartan- 
burgh, vested in the trustees thereof, 
vol. 246 



6 



CENSUS. 

The commanding officer of every regi- 
ment to ascertain the number of all the 
free white inhabitants in his limits of 
command, through the commanders of 
companies, aliens excepted. .5 vol. 142 

The sexes to be distinguished. 5 vol. 
142 

The number of males between 16 and 
50. 5 vol. 142 

To be done in one month. 5 vol. 142 

Heads of families to give an account 
of them, in eight days, on oath. 5 vol. 
142 

Corfimanders of companies to report to 
commanders of regiments, in fifteen days 
after receiving the enumerations, on oath. 
5 vol. 143 

The Colonels to report to the Secreta- 
ry of State, on oath, a general return 
made from reports of Captains. 5 vol. 
143 

Penalty on officers and others neglect- 
ing their duty, 5 vol. 143 

Treasurers and Auditor General to as- 
certain the amount of taxable property in 
the State, for ascertaining a just and ade- 
quate representation of the State. 5 voL 
143 

All collectors required to make a cor- 
rect return of all taxable property in their 
districts, for the year 1789, to the treasu- 
rers and auditor general. 5 vol. 143 



CENSUS. 



73 



A person to be appointed by joint reso- 
lution in each Circuit Court District f r 
taking a census. 5 vol. 567 

In case such appointment is not accep- 
ted, or vacancy otherwise, the Governor 
to fill it. 5 vo'l. 567 

Such person shall make a faithful cen- 
sus of all the white inhabitants residing 
in each election district contained in the 
Circuit Court district, so far as the whole 
or any part of the election districts shall 
be contained therein. 5 vol. 567 

The return of such census, made on 
oath before a Justice of the Quorum, and 
certified by him, to specify the number of 
free white inhabitants residing in each 
and every such election district, or part 
of such election district contained in the 
Circuit district. 5 vol. 567 

Returns of such census to be made to 
the Secretary of Staters office, sealed, 
certified and directed to the Governor, 
on or before the 1st day of August ; those 
of the Lower Division to the office in 
Charleston, and those of the Upper Divi- 
sion to Columbia. 5 vol. 567 

The Governor shall, as soon as possi- 
ble after the 1st August, examine the re- 
turns made, and if he thinks they have 
not been taken according to the provisi- 
ons of the law, to have others made ac- 
cording to law. 5 vol. 568 

Those who take the census to receive 
reasonable compensaiioo. 5 vol. o6S 

Oath to be taken by those who take the 
census. 5 vol. 568 

Oath to be endorsed on each return 
made. 5 vol. 568 

Oath to be taken by the person, (in 
case the person who takes the census is 
unavoidably prevented from taking it to 
the Secretary of State's office,) who re- 
ceives the census from the taker and de- 
livers the same at the Secretary of State's 
office. 5 vol. 568 

Heads of families, when sumhioned 
thereto, shall make, on oath, a correct 
return of all and every free white person 
of which his family is composed, under 
penalty of $20. 5 vol. 568 

Persons to be appointed in each Circuit 
Court District of the State, by joint reso- 
lution of the two houses. 6 vol. 89, 363, 

Governor to fill vacancy. 6 vol. 90, 
363, 600 

VOL X^iO 



Their duty to make a faithful census 
of all the free white inhabitants residing 
in the election district, or part of an 
election district, contained within the 
circuit district, for which he shall have 
been appointed; and shall make return on 
oath of the same. 6 vol. 90, 363, 600 

Returns, carefully sealed, certified and 
directed to the Governor, to be delivered 
at the Secretary of State's office, on or 
before the 1st day of August ; of the 
upper division at Columbia, of the lower 
division at Charleston. 6 vol. 90, 364 

At Columbia only. 6 vol. 600 

Governor to e.xaraine the returns as 
soon ag possible, and if any default ap- 
pears, to cause forthvi'ith the censvis to be 
taken and returned purstiant to this Act. 
6 vol. 90, 364, 600 

Compensation to those who take the 
census. 6 vol. 90, 364, 600 

Oath to be taken by them, and certifi- 
cate of the Justice of the Quorum who 
shall administer it, to accompany and be 
delivered with each return, 6 vol. 90, 
364. 601 

Oath to be indorsed on the return. 6 
vol. 90,364, 601 

If he is prevented from making his re- 
turn himself, may send it by some faith- 
ful and responsible person, and who .^hall 
take an oath before the Secretary of Slate 
that he had received the sealed packet 
from the taker of the census, and that it 
had not been opened or altered si[:ce re- 
ceived by him. 6 vol. 91, 364, 6i)l 

Heads of families to make correct re- 
turns on oath, when called upon, under 
penalty of $20. 6 vol. 91, 305, 601 

It shall be the duty of each and every 
person appointed to take the census in the 
several districts, to call personally on the 
head, or some member, of each family in 
the district for which they have been ap- 
pointed, and to obtain from such head or 
member of each family as aforesaid, the 
number of the free white persons con- 
tained in such family respectively. 6 
vol. 601 



CERTIORARI. 

See Jurisdiction. 

No writ of, to remove any recognizance,' 
except the same be signed by the Chief 
Justice, or in his absence by one of the 



■ii? 



74 



CESSION TO THE UNITED STATES. 



justices of the court fiom whence it is- 
sues. 2 vol. 483 

If on any writ of Certiorari or corfvs 
cum causa, it be returned that the prison- 
er is detained by judgment given against 
him, he shall be remanded and kept with- 
out bail. 2 vol. 550 

Writs of, method of obtaining, to re- 
move causes from tiie county courts. 7 
vol. 221 

CESSIONS TO THE U, STATES. 

See United States. 

Cession of lands to the United States 
by Virginia, on the North and West of 
the Ohio river. 1 vol. 159 

Comments of the Editor. 1 vol. 159 

Reservations. 1 vol. 160 

Deficiency of military bounties in land 
promised by Virginia, to be made up be^ 
tween Sciota and Little Miami. 1 vol. 
161 

Lands ceded to be a common fund for 
the United States. 1 vol. 161 

Delegates convey the territory. 1 vol. 
161 

Congress ready to receive the deed. 1 
vol. 161 

Deed executed. 1 vol. 161 

To be recorded. 1 vol. 161 

Resolutions of (congress accepting the 
cession of Virginia. 1 vol. 162 

Alteration of the Act of cession asked 
from Virginia as to the number of States 
to be created out of it 1 vol. 162 

Ordinance of Congress for the govern- 
ment of such territory. 1 vol. 162 

Supplementary Act of Virginia to the 
Act of cession. 1 vol. 167 

Cession of South Carolina. 1 vol. 
168 

Congress accepts. 1 vol. 16S 

Act of cession. 1 vol. 168 

The delegates authorized to convey to 
the United Slates. 1 vol. 169 

Territory ceded. 1 vol. 169 

Remarks of Dr. Cooper on the Acts of 
cession. 1 vol. 169 

The United States, or such person or 
persons as may be by them authorized, 
shall have a right to purchase the fee sim- 
ple of one acre of land on Otter Island, 
in Colleton district, for the purpose of 
building a Light-house ; of one acre of 
land on the North side of Station Creek, 



near St. Helena Island, for the erection 
of a Beacon Light ; and one acre of land 
on Bob's Island, at the entrance of Scull 
Creek, for the erection of a Beacon 
Light ; the said last parcels of land are 
in Beaufort district. 6 vol. 569 

If the person or persons whose land 
may be chosen for the abovementioned 
purposes, should not be disposed to sell 
the same, or if the person or persons ap- 
pointed to make the purchase, should not 
be able to agree upon terms with such 
owner or owners of the said land, the 
same shall be valued, upon oath, by a 
majority of the said persons appointed 
commissioners for that purpose, viz : Ed- 
win Chaplin, Baniel Jenkins, William J. 
Grayson, John A. P. Scott, and Capt. 
Edward Barnwell ; and the lands shall 
be vested in the United States, upon their 
paying the amount of such valuation to 
the owner or owners of such lands res- 
pectively. 6 vol. 570 

The said lands, when purchased by, or 
vested in, the United States, and every 
person and officer residing or employed 
thereon, whether in the service of the 
United States or not, shall be subject and 
liable to the government of this Slate, 
and the jurisdiction, laws and authority 
thereof, in the same manner as if this 
Act had never been passed ; and the U. 
States shall exercise no more authority 
or power within the limits of the said 
land, than they might have done previ- 
ously to the passing of this Act, or than 
may be necessary for the building, erec- 
tion, repairing or internal government of 
the said Light-house, and the regulation 
and management of the said Light-house, 
and the said Beacon Lights, that may be 
built and erected on the said lands, and 
of the officers and persons by them to be 
employed in and about the same ; pro- 
vided, that the said lands shall be forever 
exempt from any taxes to be paid to this 
State. 6 vol. 570 



CESTUYQUE USE. 
See Uses. 



CHALLENGE. 
Challenging and assaulting, &c. on ac- 
count of money won at play, to forfeit 
all his goods, and be imprisoned 2 years. 
2 vol. 567 



CHANCELLOR. 



75 



CHALLENGE, (JURY.) 

No person arraigned may challenge 
above twenty. 2 vol. 459 

Clergy not allowed to those who stand 
mute, or who do make peremptory chal- 
lenge of more than twenty. 2 vol. 463 

He that challengeth jury or juror for 
the King, shall shew his cause. 2 vol. 
549 

Owner allowed his challenge in all trial 
of slaves for capital offences ; but not to 
extend to more than three freeholders. 7 
vol. 468 



CHAMBERS. 

See Quo Warranto. Prohibition. Mau' 
damns. 

Motions to set aside or stay executions 
at law, may be made before a Judge at 
Chambers. 7 vcl. 331 

By consent of parties, the Chancellor 
may hear a cause at Chambers. 7 vol. 
340 



CHAMPERTORS. 

See Champerty. 

Justices of assizes, &c. shall enquire 
of maintainers, conspirators, and cham- 
pertors. 2 vol. 426 



CHAMPERTY. 

See Bracery. 

Nothing shall be taken to maintain any 
matter in suit, nor to have any part of 
the thing. 2 vol. 423 

Who be champertors, and who be con- 
spirators. 2 vol. 423 

Punishment of such as commit cliam- 
perty. 2 vol. 423 

See note. 2 vol. 716 



CHAMPION, RICHARD. 

Naturalized, with his descendants, on 
taking the oath of adjuration and allegi- 
ance. 5 vol. 15 



CHAMPNEYS, JOHN. 
Confiscation Act repealed as to, on his 
taking usual oaths. 5 vol. 94 



CHANCELLORS. 

See Coyrt of Chancery. 

Three created, (1784,) to be elected by 
joint ballot of both Houses, to hold office 
during good behaviour, and removeable 
on address of both Houses. 7 vol. 208 



Oath he shall take before entering upon 
the duties of his office. 7 vol. 208 

Any body presuming to execute the 
office without taking the oath, to pay a 
penalty of £10,000. 7 vol. 208 

£500 salary allowed to each in lieu of 
all fees. 7 vol.211 

Two to attend each district Court of 
Equity. 7 vol. 297 

From and among the residue of the 
Judges of Law or Equity, now in com- 
mission, two persons shall be chosen, by 
joint ballot, who shall be vested with all 
the powers, authority and jurisdiction, 
with which the Judges of the Court of 
Equity are now invested by law, with the 
exception only of those powers appertain- 
ing to the Court of Appeals ; which per- 
sons so chosen shall be denominated 
Chancellors. 7 vol. 326 

It shall be the duty of the Chancellor, 
on the first day of every Court, to call 
upon the Commissioner to make his re- 
turns ; and should the Commissioner, or 
any guardian or trustee, neglect to make 
such their annual returns, the Chancellor 
shall, during the Court, and before it 
rises, make such order as shall be neces- 
sary to carry into strict operation this 
Act, and as shall be necessary to protect 
the interest of those whose estates are i:i 
the possession of trustees or guardians ; 
and should any Chancellor neglect so to 
call upon all commissioners and masters 
for reports, he shall be responsible, after 
the commissioner has been sued to insol- 
vency, or removed without the State, for 
all losses sustained by any one in conse- 
quence of such neglect of duty. 7 vol. 
328 

May appoint a Register during the 
Court, where incurnhont is unable to per- 
form bis duties. 7 vol. 329 

Each Chancellor shall have power to 
hear at chambers, and to confirm or re- 
fuse to confirm, rejx)rts of commissioners 
in Equity, and to make the proper orders 
thereon, in all matters of account and 
partition ; and shall likewise have power 
to hear at chambers, and to make the pro- 
per orders thereon, all petitions for guar- 
dians ; provided, that in case of anv ap- 
plication to a Chancellor, at chambers, 
reasonable notice thereof shall be given 
to the party or parties in interest. 7 vol. 
341 



16 



CHARLESTON 



By consent of parties, may hear causes 
at chambers, and may hold special courts 
when deemed necessary. 7 vol. 340 



CHANCERY PRACTICE. 

See CJiancery. CXrders in Chancery. 

Proceedings where the defendant is 
without the State. 7 vol. 210 

Wiiere a party refuses to appear. 7 
vol. 210 

Where there are several defendants to 
a suit in Chancery, residing in different 
districts, the complainant shall proceed in 
that district in which the greatest num. 
ber of defendants reside ; and if the 
number be equal in different districts, he 
may elect ; and the Judges to make rules 
to carrv this law into effect. 7 vol. 283 



CHAPPELS OF EASE. 
See Estahlis/u'd L'hurcli. 



CHARLKSTON. 
See Ciiy CounriJ. Toum Council. Courts. 
(City Coriit of Charlcslon.) 

EvJH^'.ration of. 1 vol. 433 

The law requiring all houses in Chailes- 
ton 10 t;e built of brick or stone, prohibit- 
ing wooden houFcs, repealed. 3 vol. 5 

Housps mny be built of wood ; jirovi- 
dcil , the hearths and chimneys are of brick 
or stone. 3 vol. 5 

Penalty, how to be recovered. 3 vol. ^ 

A former Act concerning the public 
receiver, made perpetual. 3 vol. 6 

One Act concerning pilotage, of 12th 
July, 1707, and continued, repealed. 3 
voi. G 

Act concerning importation of white 
servants, 13th June, 1716, repealed. 3 
vol. 6 

Commissioners to build a sea-wall and 
curtain line, of brick, stone and lime, in 
Charleston. 3 vol. 492 

Proprietors of certain lots,, to build up 
the curtain line within twelve months. 3 
vol. 493 

Provisoes. 3 vol. 493 

Costs of building said curfain-line and 
piling in said lots, to be reimbursed by 
assessment on the proprietors of the lots 
and flats. 3 vol. 493 

Sum assessed, to be paid to the public 
treasurer within one month. 3 vol. 4D4 

Case of owners neglecting to build up 



their part of the curtain line. 3 vol. 
494 

No opening from the bay to any bridge, 
to exceed fifteen feet in breadth. 3 vol. 
494 

Buildings erected within fifty ^eei of 
curtain-line, to be removed. 3 vol.494 

Names of commissioners. 3 yol. 495 

Bridge over Dock-street. 3 vol. 495 

Stone ballast, for use of the public. 3 
vol. 495 

'Vo be landed where commissioners. 
shall direct. 3 vol. 496 

Ten shillings per ton to be paid, besides 
the encouragement already given. 3 vol. 
196 

Duty on beacons and bouys, remitted 
to such captfiins as shall land stone ballast 
at particular places. 3 vol. 498 

Persons sued, may plead the general 
issue. 3 vol. 496 

Proviso. 3 vol. 4!)6 

Counlrv waiter and comptrcller for the 
coimlry duties appointed. 3 vol. 776. 4 
voi. 14 

txci.ange and Custom House to be 
built. 4 vol. 257 

Jail to be erected. 4 vol 325 

Prisoners to be removed to new jail. 4 
vol. 325 

Streets and lots cleared, and Night 
Watch r-gulated. 7 vol. 1, 2, 4, 9, IS ' 

Swine and other nuisances prohibited in 
Charleston. 7 vol. 5 

Duties appropriated for Fortifications. 7 
vol. 6 

Watch regulated, and regulations as to 
fires. 7 vol. 7 

Lots to be cleared. 7 vol. 9 

Goats not to go loose. 7 vol. 9 

Nuisances. 7 vol. 9 

Chimnies, how to be built. 7 vol. 10 

Fires. 7 vol. 10 

Fire Buckets, &c. 7 vol. 11 

Slave not to cut wood on lands not his 
master^s. 7 vol. 11 

Side-walks. 7 vol. 12 

The Provincial Library in Charleston, 
regulations thereof 7 vol. 13 

Wall to be built to guard the wharves 
from the sea. 7 vol. 16 

Buildings near the wall, regulated. 3 
vol. 16 

Watch, fires and nuisances. 7 vol. 17 

Public landing places. 7 vol. 17 

Watch. 7 vol. 22 



CHARLESTON. 



77 



Sea-wall and fortifications. 7 vol. 28, 
33, 36 

Butchering in town, prohibited. 7 vol. 
38 

North bar of Ashley river to be obstruct, 
ed, and mihtary watch regulated. 7 vol. 
38 

Regulations in regard to fires. 7 vol. 
41 

Fortifications. 7 vol. 43, 47 

Watch. 7 vol. 49, 54 

Saint Philip's Chinch to be erected, and 
parish laid off. 7 vol. 56 

Fire regulations. 7 vol. .58 

Sea-wall and fortifications. 7 vol. 60, 
65, 72 

Rounds of Queeii-street, formerly Dock- 
street. 7 vol. 74 

Certain vacant lands on the north side 
of that street, appropriated. 7 vol. 74 

Fortifications, and appropriations of 
certain surplus lands. 7 vol. 76 

Goals and swine. 7 vol. 73 

Town plot to be recorded. 7 vol. 76 

Negro l)ury!ng ground. 7 vol. 77 

Saint Piiili|)"s piirish divided into Saint 
Philip au'l laiiit M.chael, and a Church 
and Parsonage house to be built for the 
latter. Number of members to represent 
these parishc^i, and (he salary of the Rec- 
tor of Saint Philip raised. 7 vol. 79 

House and lot to be bought for the par- 
sonage of Saint Michael ; the pews to be 
sold, and part of former Act repealed. 7 
vol. 84 

Lands on the old fortifications, how to 
be leased. 9 vol. 492 

Regulation of the market. 9 vol. 692 

Power and duty of commissioners of 
streets. 9 vol. 697, 698 

Scavengers to be employed. 9 vol. 698 

Expense of the streets, how defrayed. 9 
vol. 698 

Assessment, and form of warrant. 9 
vol. 699 

Drains and sewers. 9 vol. 699 

Trees; streets not to be obstructed ; no 
iilth to be thrown into them. 9 vol. 700 

Carts, drays, &c. to be licensed ; cart- 
age to be regulated ; duty of carters. 9 
vol. 701 

Carts and drays to be numbered ; pen- 
alty for improper driving or riding at 
speed; commissioners, when to meet; 
goats and swine. 9 vol. 702 



Commissioners appointed; sum to ' - 
raised ; former commissioners to account ; 
no drains to be made above ground ; foun- 
dation of houses, windows, &c. 9 vol. 
703 

Hired slaves; slaves to have badges ; 
slaves not to carry on mechanic trades. 9 
vol. 704 

Slaves, how punished for offences un- 
der this Act ; how Act construed ; gene- 
ral issue may be pleaded ; to continue 
for five years. 9 vol. 70.5 

Made perpetual by Act of 1783. 4 vol. 
540 

Fish market established and regulated. 
9 voL 705, 706 

Power and duty of commissioners. 9 
vol. 705, 706, 707 

Regulations as to lamps. 9 vol, 708 

To continue five years. 9 vol. 708 

Made perpetual. 4 vol. 540 

Bridge to be built on East Bay. 7 vol. 
87 

Old Church-street, now Meeting, con- 
tiniied to George-street. 7 vol. 85 

Canal to be cut at west end of Broad 
street. 7 vol. 87 

A common established. 7 vol. 89 

Allen-street established. 7 vol. 89 

Poor House and Hospital to be built. 7 
vol. 91 

Fund provided. 7 vol. 91 

Poor House, how to be used. 7 vol. 
91 

What shall be held a settlement. 7 vol. 
92 

Burial ground established for strangers 
and transient white persons. 7 vol. 92 

Boundary-street established. 7 vol. 93 

Several streets laid out, and assess- 
ments laid to compensate owners. 7 vol. 
94 

Land vested in the King for public use. 
7 vol. 94 

Glebe land disposed of 7 vol. 95 

Charleston incorporated, and divided 
into 13 wards, (17S3.) 7 vol. 97 

Wardens, how to be elected. 7 vol. 
97 

Intendant, how to be elected. 7 vol. 98 

Powers and duties of city council. 7 
vol. 98 

Powers of city council enlarged. 7 vol- 
101 

Jurisdiction of court of wardens. 7 vol. 
102, 107 



CHARLESTON. 



East Bay-street to be continued to Ash- 
ley river; and assessment, how to be 
made. 7 vol. 103, 105 

Persons owning wooden buildings on 
wharves, not dvvelhng houses, allowed 
further time to pull them down or remove 
them. 7 vol. 108 

East Bay-street to be completed. 7 vol. 
109 

Land tor Fort Mechanic, compensation 
for. 7 vol. 110 

Intendant, Wardens, Cit)- Treasurer, 
Sheriff, Marshall and Recorder, exempt 
from serving on juries. 7 vol. Xll 

City council may increase the tax on 
licenses for retailing liquors. 7 vol. Ill 

Quorum of city council, and lots to be 
disposed of. 7 vol. Ill 

Compensation to persons on East Bay. 
7 vol. 112 

No street, lane, alley or court, to be 
opened without permission of city council, 
under penalty. 7 vol. 115 

To compensate the heirs of Peter Por- 
cher for continuation of Meeting-street 
over his lands on the Neck. 7 vol. 115 

East Bay-street. 7 vol. 116 

Tobacco inspection established 7 vol. 
118 

Lnhabitants of Charleston only to serve 
six days in each term on the juries A 
new jury for each week. 7 vol. 119 

Authority of the council over tonnage. 
7 vol. 120 

Wards to be defined, and escheator ap- 
pointed. 7 vol. 122 

Market-street. 7 vol. 123 

Intendant, when to be elected. 7 vol. 
125 

Election, when to be held. 7 vol. 125 

In case of vacancy. 7 vol. 125 

Qualification of Intendant and War- 
dens, and voters. 7 vol. 125 

Addition to powers of Intendant. 7 vol. 
125 

Wards, and their representation. 7 
vol. 126 

To be apportioned according to popu- 
lation and taxation. 7 vol. 126 

Council authorized to erect a magazine 
for gunpowder in the city burial ground. 
7 vol. 127 

Authorized to widen Motte-street, and 
to open Kinloch's Court; Union-street 
and Unity Alley to be divided. 7 vol. 129 



Company formed for that purpose. 7 
vol. 129 

State- street to be laid out. 7 vol. 131 
133 

Commissioners to assess certain lands 
on which fortifications were building. 7 
vol. 134 

Its jurisdiction extended to the chan- 
nels of Cooper and Ashley rivers. 7 vol. 
135 

Its Wards and Ordinances confirmed. 
7 vol. 135 

Pinckey-street to be opened to Meeting- 
street. 7 vol. 136, 137 

Board of commissioners to widen streets. 
7 vol. 136 

Ballast, where not to be thrown. 7 
vol. 6 

Broad-street to be straightened. 7 vol. 
138 

The treasurer of city council of Charles- 
ton to account, on oath, annually, to the 
Comptroller, for the monies appropriated 
for the transient poor of Charleston. 5 
vol. 488 

Treasurer of town council to account 
annually to Comptroller, for fund of the 
transient poor of Charleston. 5 vol. 515, 
534, 553, 586, 610, 630, 656, 685, 707 

City counc"! of, authorized to levy a 
duty or tax on auctions, provided it be 
not laid on property heretofore exempt. 5 
vol. 612 

Inspection of produce in Charleston, 
brought to market from the interior, ex- 
cept tobacco, abolished, but by consent of 
owner. 5 vol. 623 

All notices for the Court of Charleston, 
legal, if published throe times a week in 
the State Gazette in Charleston. 5 vol. 1 

Boundaries enlarged. 5 vol. 118 

East Bay street to be continued. 5 V(»l. 
133 

Certain lots to be sold. 5 vol. 133 

Arrangement with John Scott's heirs 
for certain lots. 5 vol. 133 

Court of wardens to have jurisdiction 
over cases of gambling, swindling, &c. 
5 vol. 177 

Council to regulate drawing of juries. 
5 vol. 178 

Commissioners of poor, &c. in Charles- 
ton, to account annually to city council. 
5 vol. 658 

Their powers. 7 vol. 137 



Charleston. 



79 



Streets hereafter to besi.xtv feet wide. 7 
vol. 138 

Coroner to be elected by council. 7 vol. 
138 

Qualification of voters for town coun- 
cil. 7 vol. 138 

Names to be registered. 7 vol. 139 

List to be made out. 7 vol. 139 

Persons swearing falsely, how to be 
punished. 7 vol. 139 

Wardens to be elected by general tick- 
et. 7 vol. 139 

Election of Intendant. 7 vol. 139 

Council enabled to carry into etlect the 
Quarantine Laws. 7 vol. 140 

Mayor to hold the police court. 7 vol. 
140 

In case of his absence. 7 vol. 140 

Fines. 7 vol. 140 

The law requiring the streets, &c. to be 
sixty feet wide, repealed. 7 vol. 140 

Council authorized to appoint commis- 
sioners to assess damages in opening 
streets. 7 vol. 141 

Registry law altered. 7 vol. 141 

Managers to read to persons offering to 
vote, the part of the constitution which 
relates to the qualification of voters, and 
shall require the oath prescribed. 7 vol. 
142 

Council authorized to grant licences to 
retail grocers, and persons retailing on 
the wharves. 7 vol. 142 

Council empowered to prevent retailing 
of spirituous liquors without a license. 7 
vol. 142 

May rr'gulate the measuring of grain 
sold within the corporation. 7 vol. 143 

The Act appointing a board of commis- 
sioners to o|)en and widen streets in 
Charleston, amended. 7 vol.143 

Council authorized to fill up low lots 
and grounds within the city, in certain 
cases. 7 vol. 144 

Authorized to shut up certain streets 
near the market. 7 vol. 145 

Inspection street may be closed for a 
parade. 7 vol. 146 

xMitcheirs alley to be closed. 7 vol. 146 
The council authorized to tax the in- 
come and profits of persons resident with- 
out the city, derived from business con- 
ducted in the city. 7 vol. 147 

To close A men-street. 7 vol. 147 
In case of disagreement of commission- 
ers, another may be called in. 7 vol. 148 



Title of city council changed to (hat of 
Mayor and Aldermen. 7 vol. 148 

Their powers, 7 vol. 148 

Re-eligibility of the Mayor. 1 vol. 149 

Amendments of the city charter, and 
alterations of its laws, are not to be made 
by the Legislature, unless the substance 
of the amendment be published in some 
gazette of the city for thirty days previ- 
ous to the application to the Legislature. 
7 vol. 140 

The fire department in Charleston, 
regulated. 7 vol. 150 

No wharf in Charleston to be extended 
beyond a certain line. 7 vol. 151 

Guard House in Charleston to be re- 
paired. 7 vol. 152 

College in Charleston reorganized. 7 
Vol. 153 

City council authorized to close Fort- 
street and part of Church-street. 7 vol, 
155 

Aldermen not to exceed twelve, but 
apportioned among the wards in proportion 
to population and taxation. 7 vol. 155 

To be apportioned every ten years. 7 
vol. 155 

Act to rebuild the city after the great 
fire. 7 vol. 156 

Governor to issue bonds, not exceeding 
two millions, on certain conditions, to 
procure a loan for the Slate. 7 vol. 156 

Agent to be sent to Europe to procure 
the loan, to be placed to the credit of the 
Bank of the Slate, to become a part of 
the capital. 7 vol. 156 

The bank to lend to such persons as 
will rebuild the portion of the city de- 
stroyed by the late fire, the two millions, 
on certain terms mentioned in the Act. 7 
vol. 156, 157, 158 

Before the loan, Charleston, by Ordi- 
nance, to guaranty the Stale against the 
loans so made. 7 vol. 158. 

Lessee, how to obtain benefit of the 
loan. 7 vol. 158 

Mortgage to take lien from date of its 
registry in the oflice of Mesne Convey- 
ance against all persons. 7 vol. 158 

Construction of wooden buildings pro- 
hibited. 7 vol. 159 

Mode of proceeding. 7 vol. 159 
Bank to make provision for payment 
of principal and interest of the said loan. 
7 vol. 160 

A book to be kept in Bank of the pro- 



80 



CHARLESTON. 



fits of this loan, and the principal and 
interest pledged to the repayment of the 
loan. 7 vol. 160 

Bank to report annually to the Legisla- 
ture the state of this fund. 7 vol. 160 

The Bank to pav the Attorney General 
and others their expences in carrying this 
Act into operation. 7 vol. 160 

Act for rebuilding Charleston amended. 
7 vol. 161 

Conditions of the loans altered. 7 vol. 
161 

Fees of different officers regulated. 7 
vol. 162 

Regulations for persons who had com- 
menced to build a stone or brick house 
before the Act. 7 vol. 162 

No owner shall give to his slave a 
ticket to go to Charleston, or from plan- 
tation to plantation, on Sunday, unless it 
be on particular business, not reasonably 
to be delayed, under the forfeiture often 
shillings ; and in every ticket given, the 
particular business shall be mentioned, or 
the slave shall be dealt with as if he had 
no ticket. 7 vol. 354, 373 

No country slave to have a ticket to go 
to Charleston on Sundays, but on business 
of necessity, specified in his ticket. (Ob- 
solete.) 7 vol. 387 

Title to certain lands in St, Philips, on 
which fortifications are erected, vested in 
the State. 6 vol. 17 

The Comptroller to draw orders on the 
treasury in favor of the owners of the 
lands. 6 vol. 17 

Where the titles are in dispute, the 
Comptroller to require the parties claim- 
ing the same, to obtain the decision of the 
Court determining their rights, before 
payment. 6 vol. 17 

Governor to cause a correct map of the 
same to be made, by the engineer, and to 
be duly proved and recorded in the Re- 
gister's office of Charleston, and the 
original document shall be deposited in 
the Secretary of State's office ; and a 
certified copy of such record shall always 
be held conclusive evidence of the right 
of the State. 6 vol. 17 

Penalty for trespass on the same. 6 vol. 
17. 

Town Council of Charleston to appoint 
annually five commissioners of fortifica- 
tions, to superintend the fortifications, 
and to rent such parts as would not be 



injurious to the works, and to receive the 
rents, and to account annually with the 
Comptroller General. 6 vol. 17 

Amount appropriated for owners of said 
lands. 6 vol, 17 

The acts of the commissioner of fortifi- 
cations, and others employed under them, 
in erecting the works for the defence of 
Charleston, legalized and protected. 6 
vol. 18 

Persons oTvning lots fronting to the 
South on Fisburn's Bastion, authorized to 
make a street around the said Bastion, in 
front thereof; 6 vol. 18 

City Council to contract with U. S. for 
support of a Marine Hospital in Charles- 
ton. 6 vol, 41 

And to levy a duty of 10 cents per ton, 
orany other duty authorized by Congress, 
on vessels of the U. S, entering that port,- 
or to receive from that government any 
compensation they may allow for provid- 
ing for the relief and maintenance of 
sick or disabled seamen in a Marine 
Hospital for the port of Charleston. 6 
vol. 42 

Commissioners of Cross Roads of Char- 
leston Neck to regulate the assize of 
bread, and weights and measures. 6 vol. 
95. 

Not to interfere with right of Congress 
to regulate weights and measures. 6 vol. 
95. 

May assess 25 per cent on general tax, 
to keep in repair the streets, cross roads, 
and for such purposes as shall be deemed 
by a majority of them nece.ssary to pro- 
mote the health, safety and good govern- 
ment of the inhabitants. 6 vol. 95 

Governor to appoint, annually, a physi- 
cian to attend the prisoners in Charleston 
gaol. 6 vol. 143 

Physician to receive $500 per annum, 
6 vol." 143 

Accounts of no others to be paid for 
such services. 6 vol. 142 

A municipal guard established for Char- 
leston and Charleston Neck, in the place 
of the city guard. 6 vol. 177 

To carry into etfect the laws and ordi- 
nances for the government of negroes and 
free persons of color. 6 vol. 177 

Late tobacco inspection to be used as 
a guard-house, and vested in a Board con- 
stituted for the purpose of this Act. 6 
vol. 178 



CHARLESTON. 



81 



Land at the lines on the Neck to be 
vested in this Board, to sell the same and 
erect suitable buildings for an arsenal and 
guard-house. 6 vol. 178 

Guard to be enlisted for five years, and 
governed by regulations of the United 
States army, except that no punishment 
shall extend to life or limb. 6 vol. 178 

If necessary, Attorney General to ap- 
ply to Congress for assent. 6 vol. 478 

A tax on lands, negroes and houses, 
&c., to be imposed and collected and paid 
over to the Board for defraying the expen- 
ses of said guard. 6 vol. 178 

Taxes to be collected by Tax Collectors 
of St. Philip's and St. Michaers, as other 
taxes, and paid to the board. 6 vol. 178 

Returns of such taxes to be made as in 
case of other taxes. 6 vol. 178 

Assessors shall make diligent enquiry 
for all persons liable to this tax, 6 vol. 178. 

The Board, how constituted, and their 
powers. 6 vol. 178 

City guard abolished, and the inhabi- 
tants in the district not liable to patrol 
duty ; but any military force necessary, 
to be ordered out by militia. 6 vol. 178. 

No private or non-commissioned officer 
of such guard shall enlist but under the 
express understanding and rule of said 
corps, that he shall not vote at any gen- 
eral or city election ; and such as violate 
the rule shall be immediately dismissed, 
and not entitled to pay or rations due at 
the time. 6 vol. 179 

The boundaries between the City and 
the Neck established. 6 vol. 193 

The patrol of Charleston Neck, or of 
the City, may each pursue and arrest any 
slaves or free persons of color who may 
take refuge or flee on either side of the 
said boundary line. 194 

The Map of Charleston harbour, by J. 
Wilson, establishing the boundaries there- 
of, and the limits of wharves, confirmed 
and ordered to be recorded. 6 vol. 203 

The non-commissioned officers and pri- 
vates of the City Guard for the time 
being, under the control of the city au- 
thorities, shall not be allowed to vote at 
elections for Intendant and Wardens, or 
either of them. 6 vol. 243 

The elections for Intendant and War- 

dens of Charleston shall hereafter be 

held at four places, one of which shall be 

in each of the four wards ; and the resi- 

VOL. X— 11. 



.^ents in the same shall vote in that ward 
in which they reside. 6 vol. 244 

Eight Justices of the Quorum to be 
appointed for the parishes of St. Philip's 
and St. Michael's, by joint resolution of 
the Legislature, who shall continue in 
office 4 years, and until a new appoint- 
ment ; to have exclusive jurisdiction of 
all causes small and mean, within the 
same. 6 vol. 328 

Six of the Magistrates always to be 
residents of the city of Charleston, and 
the other two residents of other parts of 
the said parishes. 6 vol. 328 

Their civil jurisdiction to extend, 
throughout those two parishes, to the trial 
of causes small and mean ; to all matters 
of debt, or demand arising from contract, 
to the amount of $20 ; to cases of domes- 
tic attachment; to all powers in civil 
cases, now exercised by justices of the 
quorum ; and in all criminal cases, to the 
consersation of the peace ; and to all 
duties and powers heretofore vested in 
justices of the quorum. 6 vol. 328 

Appeals from such of these Magistrates 
as reside within the city, to be made to 
the City Recorder, and appeals from the 
others, to the Circuit Court for the dis- 
trict. 6 vol. 329 

Governor to fill vacancies until another 
appointment is made by the Legislature. 
6 vol. 329 

Each of the said Magistrates shall keep 
in his office two separate books of record, 
wherein he shall record all his proceed- 
ings, in such criminal and civil cases as 
may be brought before him; which books, 
at the expiration of his term of office, 
shall be deposited in the clerk's office of 
Charleston district. 6 vol. 329 

Coroner to serve all process for and 
against the City Sheriff, and to have the 
same fees for serving processes in civil 
cases, as are allowed the City Sheriff. 6 
vol. 329 

Whenever an appeal is dismissed, the 
Magistrate who tried the cause shall issue 
execution and levy upon the goods and 
chattels of the defendant for the debt. 6 
vol. 329 

No warrant of distress for rent, where 
the same does not exceed $20, shall issue 
within the parishes of St. Philip and St. 
Michael, without an affidavit of the 
amount due, as in cases of bail, nor be 



82 



CHARLESTON. 



executed by any other person than one of 
the Magistrates appointed under this Act, 
or his agent. And all chattels levied on 
under a distress warrant, shall be sold by 
the authority, and under the direction, of 
the said magistrate, who shall be answer- 
able to the landlord and tenant for a fair 
account and payment of the proceeds of 
the sale, according to their respective 
rights, after deducting the fees allowed 
by law in other cases to the constable. 6 
vol. 329 

in all cases of distress for rent, the 
magistrate, if so required by the tenant, 
shall summon the landlord before him to 
prove his debt, as in other cases, within 
five days from the levy, and the goods 
30 levied on shall be liable to satisfy the 
costs of the suit, if his decree is in favor 
of the landlord. 6 vol. 329 

If the decree is in favor of the tenant, 
the goods and chattels shall be redelivered, 
and the magistrate shall issue his warrant 
against the landlord for the costs of suit, 
as in other cases. 6 vol. 330 

Either party may appeal to the Recor- 
der of the city, or the Judge of the Court 
of Common Pleas, as heretofore ; provid- 
ed, the appellant give good security for 
payment ot the costs of appeal. 6 vol. 330. 

All small and mean causes in the city 
af Charleston, shall be tried in open 
Court, and for this purpose a Magistrate's 
Court shall be held at the City Hall, or 
at such place as the City Council shall 
from time to time appoint, each day in 
the week, except Sunday ; and one of the 
said magistrates, as they shall arrange 
among themselves, shall hold the said 
Court 5 and no trial, civil or criminal, 
shall be held by them at any other place. 
6 vol. 830 

All persons of color, within St. Philip's 
and St. Michael's, shall be prosecuted 
ohly before one or more of the magis- 
trates appointed under this Act, and free- 
holders summoned by them. 6 vol. 330 

All lavvs repugnant to this Act, repeal- 
ed. 6 vol. 330 

AH fi'ee persotrs of color, being convic- 
ted by a court of magistrates and free- 
holders, within the parishes of St. Philip's 
and St. MichaeFs, shall pay the costs of 
their prosecution , uriless the magistrate 
be satisfied of their inability to do so, in 



which case such fees shall be charged to 
the State. 6 vol. 387 

In all prosecutions against slaves within 
the said parishes, the costs of the prose- 
cution shall be charged to the State, ex- 
cept the Court shall be of opinion that the 
prosecution was groundless and malicious, 
in which case they shall order the costs 
to be paid by the prosecutor, if able to 
pay them. 6 vol. 387 

The oath of the magistrate within the 
said parishes, as to the services rendered, 
and as to his belief of the inability of the 
prosecutor, or party liable for costs, to 
pay them, accompanied by the certificate 
of the Clerk of Court, where the pro- 
ceedings have been returned into Court, 
shall in all cases be sufficient to establish 
the magistrate's right to payment from 
the Legislature. G vol. 387 

The oath of the constable, within the 
said parishes, as to the services rendered, 
accompanied by the certificate of the ma- 
gistrate, that the services have been ren- 
dered, and that he believes the party 
liable for costs unable to pay them ; and 
also, by the certificate of the clerk of the 
court, where the proceedings have been 
returned into court, shall in all cases be 
sufficient to establish the constable's right 
to payment from the Legislature. G vol. 387 

Any constable within the said parishes, 
neglecting or refusing to return an execu- 
tion or other process, or to pay over 
money when collected by him, to the 
party entitled to it, in any action, shall 
be liable to be ruled before the magistrate 
who issued the process, or any other ma- 
gistrate within the said parishes, to be 
attached and committed to prison until he 
purges his contempt by paying the money, 
or otherwise complying with the mandate 
of the court. 6 vol. 387 

Any magistrate within the said parishes 
who shall receive money for any suitor 
before him, and neglect or refuse to pay 
it over to the party entitled to it, shall in 
like manner be liable to rule, attachment 
and imprisonment, for contempt, before 
any of the Judges of the court of com- 
mon pleas, in open court, or at chambers, 
or the recorder of the city, as the case 
may be. 6 vol. 387 

Any freeholder within the sai<l parishes 
who shall neglect, when duly summoned, 
to attend a magistrate's court, shall forfeit 



CHARLESTON. 



6S 



land pay to the State $5, to be recovered 
by warrant under the hand and seal of 
some magistrate, in the same manner as 
is directed in the Act for trie trial of small 
and mean causes. 6 vol. 3S7 

No notaries public now in office within 
the said parishes, shall hereafter exercise 
any of the power and jurisdiction in 
criminal cases incident or attached to 
the office of a justice of the quorum, nor 
shall any notary hereafter to he appointed, 
exercise any such power or jurisdiction. 6 
vol. 387 

The number of constables for the said 
parishes hereafter limited to 15, and none 
shall hereafter act as constables within 
the said parishes, unless appointed by a 
majority of the magistrates appointed 
under the Act of 1827, for the trial of 
small and mean causes in said parishes. 6 
vol. 387, 388 

No distress warrant shall hereafter issue 
within the said parishes, without an atfi- 
davit ol the sum due, as in case of bail. 
6 vol. 3S8 

Magistrates authorized to try small and 
mean causes within said parishes, sliall 
have jurisdiction in ail cases of trover 
and detinue, where the damages claim- 
ed, or amount in issue, do not exceed 
$20, in the same manner as they have 
jurisdiction in cases of contract ; pro- 
vided, the jurisdiction be confined to 
the inhabitants of said parishes. 6 vol. 
388. 

The leaving of a summons at the most 
notorious place of a defendant's resi- 
dence, shall hereafter be a legal service 
within the said parishes ; provided, no ex- 
ecution shall issue thereon (when judg- 
ment has been given by default) until 
five days after the rendering of such 
judgment; and provided, tlie magistrate 
shall have the power of opening tiie case 
for a re-hearing, at any time before ac- 
tual sale, upon defendant's making affida- 
vit that he has a substantial defence, and 
did not receive the summons in time to 
make it. 6 vol. 388 

^ No other magistrates than such as 
have been or sliail l)o ap|)( inted for the 
parishes of St. Plulip and St Michael, in 
pursuance of an Act passed in December 
1827, entitled " An Act for the better 
administration of justice, in the trial of 
causes small and mean, within the par- 



ishes of St. Philip and St. Michael, and 
for other purposes therein mentioned,'" 
shall have the right of issuing warrants, 
either in civil or criminal cases, within 
the saia parishes. 6 vol. 388 

The proviso to the first section of the 
Magistrate's Act aforesaid, passed in 
December, 1827, to be stricken out, and 
the following substituted in lieu thereof. 
Provided, that six of the said magistrates 
already appointed, and hereafter to be 
appointed, under the said Act, shall keep 
their offices within the city of Charleston, 
and the other two shall keep their offices 
in other parts of the said parishes. 6 vol. 
388 

All slave-holders or owners, within the 
said parishes, shall be invested with the 
powers and jurisdiction, and subject to 
the liabilities and penalties, of free-holders, 
in relation to the trial of negroes and 
persons of color, within the said parishes. 
6 vol. 388 

On the trial of any free person of color 
within the said parishes, where the Court 
shall be of opinion that corporal punish, 
ment is unsuited to, or insufficient fo\\ 
the oflence, such Court may impose a 
fine upon the ofTender, to be levied and 
collected for the use and benefit of the 
State, (j vol. 388 

The forms and proceedings before ma- 
gistrates, in cases of forcible entry and 
detainer, shall hereafter be the same as 
are prescribed by law in cases where ten- 
ants hold over, after the expiration of their 
leases. 6 vol. 388 

All constables, while actually employ- 
ed in serving warrants or other process 
issued by a Magistrate, or attending a 
Magistrate's Court, within the said par- 
ishes, shall be exempt fVom the perfor- 
mance of ordinary militia duty. 6 vol. 
389. 

All Acts and parts of Acts repugnant 
hereto, repealed. 6, vol. 389 

Gaol bounds of the district of Charles, 
ton defined and established. 6 vol. 361 

The commissioners of cross roads on 
Charleston Neck, vested with the power, 
if they deem it expedient, to apply so 
much of the tax paid to them for lots 
fronting on that portion of King-street 
lying within their jurisdiction, as may be 
neces.sary to light lamps on the same, or 
any part thereof. 6 vol. 391 



n 



CHARLESTON. 



Commissioners of the poor on Charleston 
Neck to negociate a loan, not exceeding 
$3,000, pledging therefor the taxes to be 
assessed by them or their successors, for 
the use of the poor on the Neck, to pur- 
chase therewith a house and lot, or a va- 
cant lot, and to erect a house for the 
accommodation of the poor. 6 vol. 3'Jl 

The Brigadier General of the fourth 
brigade, or, in his absence from the par- 
ishes of St. Philip and St. Michael, 
the senior officer of the militia of said 
parishes, in order to prevent the confusion 
Which may arise from too many men be- 
ing under arms when fires shall break out 
in the city of Charleston, be, and he is 
hereby, authorized to fix the number 
of men necessary to be under arms in 
isuch cases, and to make regulations by 
which a certain portion only of the militia 
of Charleston shall be required, for the 
period of three months, to hold themselves 
in readiness to parade in cases of alarm 
Sfrom fire; and the said portion of militia 
shall be commanded by a field ofhcer, 
detailed according to the roster of officers 
of the said parishes of St. Philip and St. 
Michael, except the officers in command 
of regiments ; and if any officer, non- 
commissioned officer, or private, so order- 
ed, shall fail to attend at his muster 
ground in cases of alarm from fire, he 
shall be subject to the same fines as are 
imposed by law for non-attendance at 
regimental musters. 6 vol. 395 

The Brigadier General of the fourth 
brigade-, or, in his absence from the pa- 
rishes of Saint Philip and Saint Michael, 
the senior officer of the militia of the 
said parishes, shall have full power and 
authority to order to mount guard, and 
for relief of the same, the portion of the 
mihtia composing the aforesaid fire guard ; 
and if any officer, non-commissioned offi- 
cer or private, shall fail to attend parade, 
at the time and place so ordered, he shall 
be subject to the same fines as are im- 
posed by law for non-attendance at regi- 
mental musters. 6 vol. 395 

Courts. martial shall be ordered and hold 
on all officers, non-commissioned officers 
and privates, composing the aforesaid fire 
guard, who shall fail to attend in cases of 
alarm from fire, and when ordered to 
mount guard, and for relief as aforesaid, 
in the same manner as courts-martial are 



ordered and held by law for non-attend-. 
ance at regimental musters ; and the fines 
which shall be imposed for non-attendance 
when ordered to mount guard, and for re- 
lief of said fire guard, shall be collected 
by the collectors of fines of the regiments 
to which the companies composing the 
said fire guard shall respectively be at- 
tached, and are hereby appropriated to 
the use of the said companies respectively, 
who shall furnish their own music; and 
the fines which shall be imposed in cases 
of alarm from fire, shall be collected as 
aforesaid, and are hereby appropriated to 
the use of the regiments to which the 
said companies shall be respectively at, 
tached. 6 vol. 395 

The commanding officer of the fire 
guard shall, at the expiration of his terra 
of service, report all defaulters, and gene- 
rally, all the transactions of his guard, to 
the Brigadier General of the fourth bri- 
gade, or, in his absence from the parishes 
of Saint Philip and Saint Michael, to the 
senior officer of the militia of the said 
parishes; and the said Brigadier General 
of the fourth brigade, or, in his absence 
as aforesaid, the aforesaid officer, shall 
have full power and authority to order 
court-martials on all commissioned offi- 
cers, non-commissioned officers and pri- 
vates of the said guard, for military of. 
fences, who shall be subject to the same 
penalties as are imposed by law for similar 
offences in the performance of ordinary 
militia duty. 6 vol. 395 

The officer commanding the said fire 
guard may, at his discretion, exercise the 
said guard at the time of mounting guard 
and relief thereof. 6 vol. 396 

The parades of companies for mounting 
and relieving guard, shall be in lieu of 
two of the company parades now required 
bv law. 6 vol. 396 

In case of the death, absence, or remo- 
val of the officer commanding the fire 
guard, the senior captain thereof shall dis- 
charge all the duties which may have 
been required of his superior, and also all 
the duties incident to the command of the 
said fire guard ; and it shall be the duty 
of the officer commanding the same, to 
give due notice of his intended absence 
to the officer next in command. 6 vol. 
396 

Nothing herein contained shall be con- 



CHARLESTON. 



85 



stnied so as to exempt that portion of the 
militia of Charleston, which shall com- 
pose the aforesaid fire guard, from the 
performance of ordinary militia duty. 6 
vol. 396 

All Acts and part's of Acts repugnant 
to this Act, repealed. 6 vol. 396 

The eight magistrates appointed for the 
parishes of Saint Philip's and Saint Mi- 
chaeFs, in pursuance of an Act passed in 
December, 1827, entitled "An Act for 
the better administration of justice, in the 
trial of causes small and mean, within the 
parishes of Saint Philip's and Saint Mi- 
chael's, and for other purposes therein 
mentioned," authorized and required, from 
and immediately after the passing of this 
Act, to organize themselves into a board, 
with power to elect a chairman and form 
rules for their government, and for the 
government of their courts. 6 vol. 418 

The said Board of Magistrates vested 
with the power of trying the constables now 
appointed, or hereafter to be appointed by 
them, for misbehaviour or malfeasance in 
ofKce, and to suspend or remove from 
office such constable or constables as shall 
be convicted thereof by a majority of the 
said board. 6 vol. 418 

The six magistrates appointed by the 
said Act, for the city of Charleston, here- 
after djvided into two judicial magis- 
trates, and four ministerial magistrates — 
the former to have exclusive right of try- 
ing and adjudging all small and mean 
causes within the said city — the latter to 
have the exclusive right of issuing civil 
process within the said city; and the said 
board of magistrates authorized and re- 
quired, from and immediately after the 
passing of this Act, annually, to elect 
from their number two of the said city 
magistrates, to act, for the term of one 
year, as judicial magistrates aforesaid ; 
and the said board shall have power to 
supply vacancies arising from death, re- 
signation, removal from office, absence 
from the State, or temporary disability, of 
either of the judicial magistrates afore- 
said. And the said judicial magistrates 
shall receive as their compensation for the 
services aforesaid, the sum of twenty-five 
cents for each and every case that shall 
be brought before them, to be paid on the 
docketing of the case; and the other, or 
ministerial magistrates, shall receive all 



other fees authorized by law in magis- 
trate's cases. 6 vol. 418 

From and after the passing of this Act, 
the freeholders and slave holders within 
the said parishes, shall have the exclusive 
power of determining, without the inter- 
vention of the magistrate or magistrates, 
the question of guilty or not o-uiltv, on 
trial of any slave or free person of color, 
for any offence within the said parishes. 
6 vol. 419 

Three freeholders or slave holders shall 
hereafter be necessary for the trial of any 
slave or free person of color, for any 
offence not capital, within the said parish- 
es, instead of two, as now established by 
law. 6 vol. 419 

All Acts and parts of Acts repugnant 
hereto, repealed. 6 vol. 419 

The managers of elections for Saint 
Philip and Saint Michael, authorized to 
employ two constables at each poll, who 
shall receive for their services one dollar 
per diem. 6 vol. 443 

See the Act regulating elections gene- 
rally. 6 vol. 442 

The two judicial magistrates elected 
for the city of Charleston by the board of 
magistrates, in pursuance of the Act of 
1830, entitled "An Act for the further 
regulation of magistrates and constables 
of the parishes of Saint Philip and Saint 
Michael," shall have exclusive right of 
presiding over all courts, in the said city 
of Charleston, organized for the trial of 
slaves and other persons of color, charged 
with offences punishable by law ; and in 
such cases where the offence charged calls 
for two justices to sit on the court, as is 
the case in some instances, the presidino- 
magistrate may call to his assi-^tance 
either the other judicial or ministerial 
magistrate ; provided, the ministerial ma- 
gistrate so called, be other than the one 
who brings up the cause for trial ; and it 
shall be the duty of the ministerial magis- 
trates, and they shall have the exclusive 
right of issuing all process in the said 
court ; and it shall be the duty of such 
ministerial magistrate who institutes a 
cause for trial, to attend and conduct the 
same as prosecuting officer; and the said 
judicial magistrates, and their assistants, 
in those cases where assistant judges are 
required by law, shall each receive the 
sum of two dollars for docketing and try- 



CHARLESTON. 



ing each cause that shall be brought be- 
fore them, to be paid as magistrates are 
now paid in the trial of slaves and other 
persons of color ; and the other or minis- 
terial magistrates shall receive all other 
fees authorized by law in magistrate's 
cases, and the additional sum of twenty, 
five cents for attending and conducting 
each trial. 6 vol. 457 

When any slave or other person of color 
shall be charged with any offence not 
capital, a majority of the freeholders, 
with the concurrence of the presiding 
magistrate, are authorized and empowered 
to tdnd the verdict, and determine the 
nature and extent of the punishment to be 
inflicted ; but when the freeholders are 
unanimous, the concurrence of the magis- 
trate shall [not] be required ; provided, 
Jioicei-cr, that on the trial of a slave or 
other person of color, for any capital of- 
fence, the unanimous concurrence of the 
freeholders, and also one of the presiding 
magistrates, shall be necessary to convic- 
tion. 6 vol. 45S 

The judicial magistrates shall open a 
docket-book, and keep it open every day 
during the sitting of the magistrate's 
court, for the trial of causes small and 
mean, in which shall be entered all cases 
for the trial of slaves and other persons of 
color ; and upon which entr}^ being made, 
the judicial magistrate presiding shall ap- 
point the time when the trial shall be had. 
6 vol. 458 

The Governor authorized to enlarge the 
number of the Magazine Guard, near 
Charleston, by the employment of such 
number of men as the service may re- 
quire ; inovidcd, the whole number of 
officers and men, including workmen, ar- 
tificers and laborers, shall not exceed sixty; 
that the said guard, in addition to the 
duties now required of them, shall take 
charge of the Citadel, in the city of 
Charleston, for the protection of the same, 
and the arms and munitions of war which 
may be therein, under such regulations as 
the Governor may, from time to time, 
prescribe. 6 vol. 462 

The said guard shall be subject to the 
orders of the Governor, exclusively, who 
shall have the power to appoint and re- 
move officers, to prescribe the duties, and 
make such rules and regulations for the 
government of said guard, as he may 



think proper, not inconsistent with the 
laws of the land. G vol. 462 

In addition to the duties above men- 
tioned, the said guard shall be liable to 
perform, under the orders of the Gover- 
nor, all the duties to which the militia or 
volunteers of the State are or may be 
liable ; and the officers, non-commis- 
sioned officers and privates of said guard, 
shall be liable to be tried and punished 
by courts martial, composed either of offi- 
cers of said guard, or the militia ; and 
shall be subject to the same fines and pen- 
allies, and when called into actual service, 
to the rules and regulations, that are or 
may be prescribed for the government of 
the militia, under like circumstances. 6 
vol. 462 

The officers of the said guard shall 
consist of a Captain, (who shall also be 
powder receiver, and have charge of the 
Magazine near Charleston,) a first and a 
second Lieutenant ; and the said officers, 
non-commissioned officers, privates, work- 
men and artificers, shall receive a rea- 
sonable compensation for their services, 
to be fixed by the Governor ; provided, 
no commissioned officer shall receive v 
greater pay than is now allowed to offi- 
cers of the United States army of cor- 
responding grades. G vol- 462 

In all questions on complaint between 
master and apprentice ; in all cases of 
holding over after determination of lease, 
between landlord and tenant, under an 
Act passed in 1812, entitled "An Act to 
afford landlords or lessors an expeditious 
and summary mode of gaining re-posses- 
sion from tenants or lessees who shall 
hold over after determination of their 
leases," and the amendatory Act, passed 
in 1817 ; and in all cases of forcible en- 
try and detainer — it shall be the exclu- 
sive duty of the ministerial magistrate to 
prepare the case for trial, summon the 
parties, present the cause for docketing, 
attend and conduct the trial as proseciit- 
ing officer, exactly as is now done by 
them on the trial of slaves and free per- 
sons of color ; and it shall be the duty of 
the judicial magistrates to open a docket- 
book for these three classes of cases, and 
be governed in all things relating thereto, 
as they are required to be on the trial of 
slaves and free persons of color. The 
compensation of the judicial magistrate 



CHARLESTON. 



87 



and his colleagues, shall be, to each, the 
sum of five dollars, and the ministerial 
magistrate five dollars, in lieu of other 
charges, the costs to be paid by the party 
cast in the suit ; provided, always, if the 
defendant should be cast in the suit, and 
should prove unable to pay the costs, 
nothing herein coniained shall prevent 
the plaintiff from being liable for the said 
costs, as well as those accruing to the 
constable. 6 vol. 486 

From and after the first day of Febru- 
ary next, which will be in the year of 
our Lord 1834, all freeholders or slave 
holders to sit on the trial of slaves or 
free persons of color, and all jurors to sit 
on causes between landlord and tenant, 
under the Acts aforesaid, of 1812, and 
the amendatory Act of 1817, and in all 
cases of forcible entry and detainer, the 
freeholders or slaveholders, and jurors 
aforesaid, shall be drawn by the ministe- 
rial magistrate, in the presence of the 
judicial magistrate, at the time of docket, 
ing the cause for trial, from a box to be 
kept by the judicial magistrate for that 
purpose, in which box there shall be two 
apartments, marked Nos. 1 and 2. 6 
vol. 488 

To enable the magistrates aforesaid to 
carry the clause last aforesaid into eliect, 
the board of magistrates shall, before the 
said first day of February next, and once 
at least in every three years thereafter, 
procure from the treasurer of the city of 
Charleston, a list of such persons as may 
be liable to serve as freeholders, or slave- 
holders, or jurors, and the names thus 
procured shall be placed in apartment No. 
1 in said box, and be thence drawn and 
deposited from time to time, as they may 
be drawn, in apartment No. 2, until 
apartment No. 1 be entirely exhausted, 
when the contents of apartment No. 2 
shall be transferred to No. 1, and the 
mode repeated. 6 vol. 486 

So much of the Act entitled "An Act 
for the better administration of justice, 
in the trial of causes small and mean, 
within the parishes of St. Philip's and St. 
Michael's; and for other purposes there- 
in mentioned," passed in 1827, as re- 
quires (he magistrate's court to be held 
every day in the week, Sundays except- 
ed, for the trial of causes small and mean, 
repealed, and instead thereof there shall 



be a magistrate's court, for the trial of 
causes small and mean, as aforesaid, 
three days in each week, to be selected 
by the board of magistrates ; provided, 
however, that nothing contained herein 
shall prevent additional courts being held, 
if cases of emergency (of which emer- 
gency the judicial magistrate shall deter- 
mine) should require such additional court 
to be held. 6 vol, 487 

In all cases of distress for rent, under 
the sum of twenty dollars, the fees to 
magistrates and constables shall be paid 
by the tenant or lessee, if he be able., if 
not, by the landlord or lessor ; provided, 
however, the tenant or lessee shall not be 
liable for the fees, if the question wheth- 
er he be in arrear'for rent or not be de- 
termined in his favor by the judicial ma- 
gistrate. 6 vol. 487 

The City Council indemnified by the 
State, for damages for destroying the brig 
Amelia and her cargo, at Folly Island, 
which had been burnt by order of the 
said City Council, in 1832, to prevent 
the introduction of Cholera, and the ex- 
penditure of the amount appropriated to 
be accounted for to the Legislature at its 
next session. 6 vol. 568 

All cases small and mean, cases of 
landlord and tenant, forcible entry and 
detainer, and of master and apprentice, 
arising within the parishes of St. Philip 
and St. Michael, .shall be tried and adju- 
dicated before the judicial magistrates of 
the said parishes, in the same manner 
and form as is now prescribed by law in 
such cases arising within the limits of 
the city of Charleston. 6 vol. 559 

All prosecutions of slaves and free per- 
sons of color, for crimes and misdemea- 
nors, arising within the said parishes, 
shall be tried and adjudged before the ju- 
dicial magistrates, in the same manner 
and form as is now prescribed by law for 
such cases, arising within the limits of 
the city of Charleston. 6 vol. 559 

The magistrates of Charleston Neck 
shall act only as ministerial magistrates 
in the cases included in the two preced- 
ing clauses, and shall receive the same 
fees as are now received by the ministe- 
rial magistrates of the city ; and they 
shall also be eligible to the office of judi- 
cial magistrate. 6 vol. 559 

The freeholders and slave holders to sit 



88 



CHARLESTON. 



upon all trials arising within the said 
parishes, shall be drawn from all the free- 
holders and slave holders of the said par- 
ishes, as is now prescribed by law, their 
names to be taken from the tax collector's 
returns for the said parishes. 6 vol. 559 

The penalty for non-attendance, as a 
freeholder or slave-holder, in all cases 
triable as aforesaid, shall be ten dollars, 
recoverable by summons issued by the 
ministerial magistrate, and triable as is 
now the case in causes small and mean. 
6 vol. 559 

All constables hereafter elected by the 
board of magistrates for the said parishes, 
shall continue in otfice during the term 
for which the said board shall be them- 
selves elected, and until a new election 
shall take place by a subsequent board ; 
provided, nevertheless, that nothing here- 
in contained shall be construed to prevent 
their being impeached and tried, as is 
now prescribed by law, for any malfea- 
sance or nonfeasance in office ; and pro- 
vided also, that nothing herein contained 
shall effect the rights or tenure of office 
of any constable now in office. 6 vol. 
560 

All recognizances to prosecute, or for 
the appearance of free persons of color, 
or slaves, in the magistrate''s courts in 
said parishes, shall be liable to be es- 
treated in the court of sessions for 
Charleston district, for non-performance 
of the conditions thereof, in the same 
manner as recognizances returnable to the 
said court of sessions. 6 vol. 560 

In all cases of forcible entry and de- 
tainer, and landlord and tenant, the find- 
ing of the freeholders, under the charge 
of the presiding justices, shall be suffi- 
cient to constitute the verdict, without 
the concurrence of the said justices, or 
either of them. 6 vol. 560 

Act for laying out new streets in the 
north-west part of Charleston, repealed. 
8 vol. 181 

City Council may license theatre. 8 
vol. 284 

Regulation of the militia in St. Philip 
and St. Michael. 8 vol. 565, 576, 577 



CHARLESTON DISTRICT. 

Divided into six counties, viz. Charles-- 
ton, Washington, Marion, Berkley, Bar- 
tholomew, Colleton. 4 vol. 663 



CHARLESTON, [BANK OF.] 
See Banks. 

Corporate powers and privileges. 8 
vol. 74 



CHARLESTON BIBLE SOCIETY. 

The Treasurer of the lower division 

authorized to issue out a new certificate 

of stock in their favor, in lieu of one 

lost, the Society giving a bond of indem- 



nlt^ 



6 vol. 286 



CHARLESTON COUNTY. 
Created in 1785. 4 vol. 663 



CHARLESTON BRIDGE COMPANY. 
A loan made to them. 6 vol. 53 
Indulgence granted. 6 vol. 204 

CHARLESTON COLLEGE. 
Incorporated. Powers and privileges. 
4 vol. 675, 678 

Trustees appointed. 5 vol. 198 
Powers of the corporation. 5 vol. 199 
Officers of the College. 5 vol. 199 
Regulations. 5 vol. 199 
May confer degrees, 5 vol. 200 
Religious freedom. 5 vol. 200 
Gifts and legacies to. 5 vol. 200 
May draw a lottery. 5 vol. 200 
Act of 19th March, 1785, relating to, 
repealed. 5 vol. 200 

This Act public. 5 vol. 200 
Certain amount of escheated property 
in Charleston, vested in the College of 
Charleston, subject to former grants of 
the same nature, and to the right in the 
Legislature to vest escheated property in 
the said district to persons having an 
equitable claim. 6 vol. 211 

An Act to reorganize the same. 6 vol. 
575 

The Trustees authorized to surrender 
to the City Council all their rights, on 
certain conditions. 7 vol. 153 

The Mayor, ex-officio, to be a trustee, 
and the City Council to elect three trus- 
tees, out of a board of 21, from their own 
number, annually. 7 vol. 153 

How the rest of the board elected. 7 
vol. 154 

Their powers and franchises. 7 voL 
154 



CHARLESTON. 



89 



Time of meeting, and to elect officers. 
7 vol. 154 

Vacancies, how filled. 7 vol. 154 

The faculty. 7 vol. 154 

Council only chargeable for appropria- 
tions made by their own body. 7 vol. 
154 

All repugnant laws repealed. 7 vol. 
154 

Quorum of the trustees. 8 vol. 367 



CHARLESTON FIRE AND MARINE 
INSURANCE COMPANY. 
Act of incorporation amended. 6 vol. 
117 

CHARLESTON FIRE ENGINE COM- 
PANIES. 

Their members exempted from serving 
on the grand or petit juries. 6 vol. 438 

Act repealed. 6 vol. 490 



CHARLESTON FIRE INSURANCE 
COMPANY. 
Their powers. 8 vol. 259, 260 
In case of failure, stockholders liable 
to twice the amount of the capital. 8 
vol. 260 

To continue 14 years. 8 vol. 261 
Estate not to escheat. 8 vol. 261 
Corporation not to lend papers endors- 
ed by them. 8 vol. 261 



CHARLESTON GOAL. 
Certain funds assigned for building 
Charleston goal. 8 vol. 394 



CHARLESTON LINES. 
See Fortifications and Lines of Charles- 



ton. 



CHARLESTON AND LIVERPOOL 
PACKETS. 
Line incorporated. 8 vol. 418 



CHARLESTON NECK. 

See Charleston. Commissioners of roads. 
Commissioners of Cross Roads. 

Commissioners of Cross Roads declar- 
ed justices of the peace ex-officio, except 
for trial of small and mean causes, 7 
vol. 462 

Regulation of patrol duty thereon. 8 
vol. 545 

VOL. X— 12. 



No shop for retailing spirits, or grocery, 
to be kept open after certain hours of 
night. 8 vol. 548 

Commissioners of cross roads to ap- 
point a collector of militia fines. 8 vol. 
466 

The 11th section of the "Act to regu- 
late the performance of patrol duty on 
Charleston Neck," repealed. 8 vol. 597 

Provisions against grocery stores and 
retail shops being kept open on Sundays, 
and at certain hours on other days, to 
trade or traffic with negroes or persons of 
color. 8 vol. 597 

Retail shops on the Neck not to have 
screens, blinds, or other obstructions to 
the view of the front door. 8 vol. 597 

Hogs running at large prohibited and 
forfeited. 8 vol. 598 

Law not to extend to hogs driven 
through the streets for market. 8 vol. 
598 

Commissioners of roads to be elected 
on. 9 vol. 466 

Nuisances on, to be prevented. 9 vol. 
466 

Commissioners, when to meet. 9 vol. 
466 

Fines, forfeitures and other funds, vest, 
ed in the commissioners, for keeping in 
repair roads and streets. 9 vol. 467 

No fire arms to be discharged there, 
except for military purposes. 9 vol. 534 

Regulations concerning America-street. 
9 vol. 554 

Lamps on. 9 vol. 583 



CHARLTON, MARIA. 

Reward of £500 to Maria Charlton, 
if she can induce the Huspaw Ring to 
return to Carolina. 2 vol. 695 

Not liable to be attached in the bands 
of the receiver by her husband's credi- 
tors. 2 vol, 695 



CHARTERS. 

The first charter by Charles the 2d, 
1663, to eight Lords Proprietors, Earl of 
Clarendon, Duke of Albemarle, Lord 
Craven, T^ord Berkley, Lord Ashley, Sir 
George Carteret, Sir Wm. Berkley and 
Sir John Colleton — grants 

All the territory in America, within 
36 and 31 degrees of North latitude, and 
West as far as the South Sea. With pat- 
ronage, jurisdictions and privileges. Cre- 



90 



CHARTERS. 



ating them Lords and Proprietors in free 
and coramon soccage. The country and 
islands erected into the Province of Car- 
olina. With power to enact laws for the 
whole or part. To appoint judges, justi- 
ces, magistrates and officers ; and until 
assemblies of freeholders be called, to 
make orders and ordinances. All the 
King's people to have license to trans- 
port themselves to the Province. The 
Proprietors to freight to every part, and 
transport goods, wares and merchandizes, 
saving to the King the customs and du- 
ties. Sundry goods to be exported and 
imported free of duty. Ports and bar- 
bors to be constituted. Subsidies to be- 
long to the Lords Proprietors. The Pro- 
prietors to grant the premises in fee sim 
pie, fee tail, for life or for years, to any 
person or persons, to be held of the Pro- 
prietors. To confer any titles of honor 
not used in England. To erect forts, 
castles, cities, towns, &c. To exercise 
martial law. To be subject to the crown 
of England. Empowered to grant liber- 
ty of conscience. In cases of doubt the 
interpretation to be in favor of the Pro- 
prietors. 1 vol. 22, 30 

The second charter, by Ch. II, (1665,) 
recites the former charter and names of 
the former Proprietors. 1 vol. 31 

Enlarges the grant. 1 vol. 32 

With patronage, jurisdictions, privi- 
leges, prerogatives, &c. 1 vol. 32 

An additional country annexed to Car- 
olina, extending to the South Seas. 1 
vol. 32 

Empowered to constitute Counties, 
Baronies and Colonies, to enact laws and 
constitutions, and to appoint Courts, 
Judges, &c. 1 vol. 33 

The King's subjects licensed to go 
there, and the Province to be of his alle- 
giance. 1 vol. 35 

Allowed to export any thing, saving 
to the King his duties. 1 vol. 35 

Sundry goods to be imported and ex- 
ported free of duty. 1 vol. 35 

Ports and harbours to be constituted. 
1 vol. 36 

The subsidies and customs to belong 
to the Proprietors. 1 vol. 37 

Proprietors may grant to purchasers. 1 
vol. 37 

To confer titles not in use in England. 
1 vol. 38 



May erect forts, castles, cities, towns, 
&c. 1 vol. 3S 

May muster and train men for war. 1 
vol. 39 

May exercise martial law. 1 vol. 39 

The Province to be subject immediate- 
ly to the crown of England. 1 vol. 39. 

May grant liberty of conscience. 1 
vol. 40 

Interpretations to be favorable to the 
Proprietors. 1 vol. 40 

Charter surrendered to the King by the 
Proprietors, under authority of 2 Geo. 2, 
ch. 34, on the 25th July, 1729. 1 vol. 
40 

Lord Carteret retains his part, but af- 
tervvards, on the 17th September, 1744, 
surrendered his share to the King. 1 vol. 
41 



CHEATING. 
At dice, cards, &c., how punished. 4 
vol. 160 



CHECHESEY CREEK. 
An Act for making the same naviga-^ 
ble. 5 vol. 14 

To be cleared. 7 vol. 510, 548 



CHE HAW. 

Given as a glebe by Thomas Towns- 
end. 4 vol. 152 

Cut out of it to Ashepoo river to be 
made. 7 vol. 525 

Cut from, into Witchaw creek. 9 vol. 
35 



CHENEY, JOHN. 
The Comptroller to settle with his ad- 
ministrator for tax executions received by 
him as sheriff. 6 vol. 403 



CHERAW. 
Divided into three counties, viz. Marl- 
borough, Chesterfield, Darlington. 4 vol. 

662 



CHERAW, (TOWN OF.) 
Intendant and Wardens authorized to 
levy and assess upon real and personal 
property of its <;itizens, such sum as may 
be necessary to defray the amount which 
the said town was indebted, when the 



CHEROKEE LANDS. 



91 



Act of 1827, exempting it from taxation, 
was passed, and the last mentioned Act 
is suspended for 3 years ; provided, the 
amount collected in 3 years does not ex- 
ceed $1200. 6 vol. 375 

Incorporated. 8 vol. 313 

Intendant and wardens to be elected. 
8 vol. 313,314 

Powers. 8 vol. 314 

Intendant and wardens, justices of the 
peace. 8 vol. 315 

May levy taxes. 8 vol. 315 

Power of the Council to levy taxes. 8 
vol. 327 

Town Council deprived of the power 
to tax. 8 vol. 353 

Fire engine company of, exempted 
from ordinary militia duty. 8 vol. 368 

May impose a tax. 8 vol. 449 

Town Council may levy tax on real 
estate, and may sell public square. 8 
vol. 449 



CHERAW BANK. 

See Banks. 

Corporate powers and privileges. 



vbl. 45 



8 



CHERAW BILLS. 
The Comptroller ordered to sue on all 
received for taxes. 6 vol. 296 



CHEROKEES. 
Expenses of expedition against, (1759.) 
4 vol. 113 



CHEROKEE LANDS. 

Lands to be reserved for the Cherokees. 
4 vol. 747 

Treaty between them and the State, 
relinquishing their title to that part of 
their territory lying within the chartered 
limits of South Carolina. 6 vol. 39 

Lines of the cession. 6 vol. 39 

An authenticated copy of the same to 
be recorded and kept in the Secretary of 
State's office in Columbia. 6 vol. 39' 

To form part of Pendleton district. 6 
t6l. 40 

Inhabitants to have all the privileges of 
citizens of Pendleton.. 6 vol. 40 

Governor to appoint commissioners to 
survey the territory. 6 vol. 40 

To be platted off into tracts of not less 
than 100 acres, nor more than 500. 6 
vol. 40 



Commissioners to return plat to the 
Legislature. 6 vol. 40 

Governor to pay all expenses out of the 
contingent fund. 6 vol. 40 

Inhabitants added to the 18th and 19th 
regiments of militia, and to be divided 
into companies. 6 vol. 40 

Commissioners to survey and lay off 
into separate tracts only so much of the 
territory as may be deemed saleable or 
useful for cultivation, and not such parts 
as are clearly barren. 6 vol. 40 
To be sold. 6 vol. 72 
Tracts excepted. 6 vol. 72 
Commissioners to be appointed by the 
Governor. 6 voh 72 

Terms of the sale. 6 vol. 72 
Duty of Commissioners. 6 vol. 72 
When grant to be delivered, and de- 
faiilters, how to be dealt with. 6 vol. 
72,73 

The Governor authorized to appoint a 
receiver of the monies arising from the 
sale of the Cherokee lands. 6 vol. 96 

Bond and security to be given. 6 vol. 
96 

Duties of receiver. G vol. 96 
Treasurer to deliver over to him the 
bonds now in his office given for the pur- 
chase of such lands. 6 vol. 97 

Grants for such lands, how to be ob- 
tained. 6 vol. 97 

Allowance to receiver. 6 vol. 97 
How they are to be sold, when default 
is made in payment of the purchase mo- 
ney to the State. 6 vol. 105 
Place of sale. 6 vol. 105 
Cherokee lands not sold may be taken 
up as vacant lands. 6 vol. 105 
' So much of the former Act as is repug- 
nant to this, repealed. 6 vol. 106 

Surveyor General [quere ? Secretary 
of State] authorized to issue grants for 
Cherokee lands, whenever he shall be 
satisfied that the purchase money has 
been paid, either to the treasurer of the 
upper division or to the commissioners. 6 
vol. 137 

The Governor to appoint one commis- 
sioner to survey and lay off for Sally 
Nicholson, according to her direction, 
640 acres of land, as near a square as 
possible, within certain numbered tracts. 
6 vol. 139 

The Governor to cause to be sold the 
tract of land surveyed and laid out as a 



92 



CHESTER. 



reserve for Sally Vance, (or Nicholson,) 
and such other lands as have been survey- 
ed and platted, and remain unsold. 6 
vol. 139 

The Governor to appoint three com- 
missioners to conduct the sales, and the 
sales to be conducted in the same man- 
ner as directed by the Act of December 
15, 1817, on the same subject. 6 vol. 
139 

Included, by an alteration of the Con- 
stitution, in Pendleton election district. 
6 vol. 146 

Further indulgence granted the pur- 
chasers. 6 vol. 176 

Further indulgence granted to the pur- 
chasers of. 6 vol. 206 



CHESTER COUNTY. 
Created in 1785. 4 vol. 662 
Dividing line between it and Fairfield 
and York. 5 vol. 317, 318 



CHESTER ACADEMY. 
A certain sum of money vested in the 
Chester Academy. 5 vol, 736 



CHESTERFIELD. 

County created in 1785. 4 vol. 662 

Division line between it and Darling, 
ton to be run out and marked. 5 vol. 
480 

The Act ordering an election for Com- 
missioner in Equity for Chesterfield, re- 
pealed. 6 vol. 596 

Line between it and Darlington. 9 
vol. 396 



CHICKASAW LANDS. 
To be sold, under confiscation Act, 
(1783.) 4 vol. 569 



CHIEF JUSTICE. 
Abolished in 1800. 7 vol. 288 

CHILD. 

Estates limited in remainder to the law- 
ful issue of the body of any person ; son 
or daughter born after the decease of the 
father, may take such estate, as if born 
in his life time, &;c. although there be no 
limitation to trustees, &c. 2 vol. 542 

Proviso, not to divest any estate in re- 
mainder, that by virtue of any marriage 
©p other settlement, is already come to 



the possession of anv person. 2 vol. 542 

See note. 2 vol' 747 

All children inheritors, born without 
the legiance of the King, whose fathers 
and mothers at the time of their birth be 
at the faith and legiance of the King, 
shall have and enjoy the same benefits 
and advantages, to have and bear the in- 
heritance within the same legiance as the 
other inheritors aforesaid in time to come ; 
so always that the mothers of such chil- 
dren do pass the sea by the license and 
wills of their husbands. 2 vol. 550 

Born after making a will, but before 
death of testator, entitled to an equal 
share of all real and personal estate given 
to the other children, who shall contri- 
bute proportionably to make up such 
share, (see page 107.) 5 vol. 572 



CHILDSBERRY. 

PubHc markets to be held twice a week 
in Childsberry town. 3 vol. 204 

Two fairs to be kept annually in said 
town. 3 vol. 204 

Director or rulers of said fairs, to hold 
a court of jtie jioudre. 3 vol. 205 

What they are to observe. 3 vol. 205 

Toll gatherer''s fees and duties. 3 vol. 
205 

No person to be arrested during time of 
fairs. 3 vol. 206 

Fines not over £10, how to be recover- 
ed. If above £10. 3 vol. 206 

When this Act is to be of force. 3 
vol. 206 

Chappel of ease built at Childsberry, 
Strawberry ferry, for St. John's parish, 
by James Childs and others, established. 
3 vol. 252 

Rectors of St. John's to celebrate di- 
vine service at it, every four Sundays. 3 
vol. 253 



CHIMNIES. 

Not to be built in Charleston but of 
brick or stone, (unless under license,) un- 
der penalty of five pounds. 7 vol. 10, 
19 

Wooden ones to be taken down. 7 
vol. 10, 19 

Fine if a chimney takes fire. 7 vol. 
10, 20 

In Charleston, penalty for taking fire. 
7 vol. 20, 42 



CHURCH. 



93 



CHOLERA. 
The City Council of Charleston in- 
demnified by the State for damages for 
destroying the brig Amelia and her cargo, 
at Folly Island, burnt by order of the 
Council, to prevent the introduction of 
Cholera, and the expenditure of the 
amount appropriated to be accounted for 
to the Legislature. 6 vol. 569 



CHRIST CHURCH. 

The vestry and wardens thereof incor- 
porated. 5 vol. 18 

Added to the collection district (for 
taxes,) of St. Thomas and St. Dennis. 5 
vol. 633 

Cut to be made from Christ Church to 
transport goods to Charleston. 7 vol. 
475 

CHRISTIANITY. 
Professing Christianity, does not set a 
slave free. 7 vol. 364 

CHURCH. 

See St. MichaeVs. St. Philip's. Pres- 
byterian Church. French Church. Estab- 
lished Church. 

Episcopal church of Georgetown, au- 
thorized to draw one or more lotteries for 
the benefit of the church. 5 vol. 601 

Spirituous liquors not to be sold or dis- 
posed of within one mile of any place of 
worship, on the days of worship ; but not 
to efl^ect persons licensed to retail at their 
own houses. 5 vol. 599, 600 

Trinity church, Columbia, authorized 
to raise a sum of money by lottery. 5 
vol. 725 

The First Presbyterianchurch, of Co- 
lumbia, authorized to raise a sum of mo- 
nay by lottery. 5 vol. 725 

A certain escheated lot of land in 
Charleston, vested in the pastor and ves- 
try of the Roman Catholic Church, who 
are made escheators for this particular 
purpose. 5 vol. 358 

A tract of land vested in the Episcopal 
Church of Edisto Island, saving the rights 
of others. 5 vol. 573 

"An Act to vest two tracts of land on 
Edisto Island, in the members of the 
Episcopal church of Edisto Island,'' re- 
pealed, and the land given to the trustees 
of the Echaw Baptist church. 6 vol. 73 



Commissioners to sell the glebe land 
and build a church in St. James Santee, 
authorized to dispose of the surplus fund 
in repairs of the Protestant Episcopal 
churches in said parish. 6 vol. 73, 74 

The right of the State to certain lots 
in Dorchester, vested in the United Inde- 
pendent or Congregational church of 
Dorchester. 6 vol. 95 

The Roman Catholic church of St. 
Peter's, Columbia, allowed to establish a 
lottery or lotteries. 6 vol. 246 

Commissioners appointed by Act of 
1768, authorized to pay over to the ves- 
tries of Wambaw and Echaw churches, 
certain funds in their hands, for repair of 
those churches. 6 vol. 282 

St. Paul's, Newberry, incorporated. 6 
vol. 534 

Mount Olivet church incorporated. G 
vol. 534 

Purity church incorporated. 6 vol. 
534 

Presbyterian church of John's Island 
and Wadmelaw, incorporated. 6 vol. 
534 

First Creek Baptist Church incorpo- 
rated. 6 vol. 534 

Aveleigh Church incorporated. 6 vol. 
536 

St. Peter's church, Charleston, incor- 
porated. 6 vol. 536 



CHURCH COMMISSIONERS. 

See Established Church. 

CHURCH OF ENGLAND. 

See Established Church. 

CHURCH-STREET. 

Old Church-street continued to George- 



street. 7 vol. 85 

Council authorized to close it. 
155 



7 vol.. 



CIRCUITS. 

See Cmirt of Chancery. Circuit Court. 

The State divided into eastern, western, 
northern and southern circuits, with a So- 
licitor for each. 7 vol. 285 

Each to be a court of record, and per- 
sons attending, free from civil arrest. 7 
vol. 286 

The State divided into three Equity 
Circuits. 7 vol. 304 



94 



CITIZENSHIP. 



The districts divided into four Equity 
Circuits. 7 vol. 297 

Times of iiolding the courts, 7 vol. 297 



CIRCUIT COURTS. 
See Supreme General Courts, and Courts, 
(Circuit.) 



CITATIONS. 
Citations from the Ordinary of Charles- 
ton and Georgetown shall be in future 
published in a newspaper for three days 
prior to the meeting of the said court, in- 
stead of being read in church, but the 
Vaw in other parts of the State to remain 
unaltered. 6 vol. 236 



CITIZENSHIP. 

See Aliens. 

What free white persons may become 
citizens by taking oath of allegiance, &c. 
4 vol. 601 

Proviso, no one to be allowed to vote, 
until he has been admitted two years. 4 
vol. 601 

When eligible to certain places. 4 vol. 
601 

Act of Nov. 4th 1704, (2 vol. 251.) re- 
pealed. 4 vol. 601 

Certain aliens allowed seven years to 
sell their real estates in the State. 4 vol. 
601 

Terms required for citizenship, (1786) 
4 vol. 746 

Former Act repealed. (4 vol. 600. 2 
vol. 251.) Proviso, that vested rights are 
not affected by the repeal. 4 vol. 747 



CITY CONSTABLES. 
Exempt from militia duty, except in 
times of invasion or alarm. 7 vol. 150 



CITY COUNCIL OF CHARLESTON. 

Jurisdiction as to debt. 7 vol. 107 

May issue commissions to examine wit- 
nesses. 7 vol. 107 

CoJinsellors and Attornies not exempt 
from their jurisdiction. 7 vol. 108 

Authorized to elect commissioners of 
roads for Saint Philip's and St. Michael's. 
7 vol. 109 

May, at their discretion, increase the 
tax on licences for retailing spirituous 
liquors. 7 vol. Ill 

Intendant, Wardens, City Treasurer, 



Sheriff, Marshall and Recorder, exempted 
from serving on juries. 7 vol. Ill 

To appraise and sell certain lots on 
East Bay-street extended. 7 vol. Ill 

To receive toll on goods landed at slip 
at lower end of Queen-street, (except 
brought over by boats at Hibben's ferry,)' 
as are now received by owners of other 
wharves. 7 voL 112 

Except to impose taxes and appropriate 
money, the intendant and seven waidens 
to form a quorum. 7 vol. 112 

Authorized to assess lots on Sullivan's 
Island, to complete Pest House on Sulli- 
van's Island. 7 vol. 113 

No new street, lane, alley or court, to 
be laid out without their authority. 7 vol. 
115 

Authorized to extend East Bay-street 
over lands of Robert Raper, paying the 
sum assessed. 7 vol. 116 

The purchase rnoney, how to be paid. 
7 vol. 117 

Authorized to impose a tonnage on ves- 
sels, with, the consent of Congress, to 
build a Marine Hospital. 7 vol. 120 

Ordinance of the city council, laying 
restrictions on the vending of corn, peas, 
oats and other grain, carried for sale to 
Charleston, repealed by the Legislature. 
7 vol. 122 

Authorized to define the wards of the 
city. 7 vol. 122 

Their Acts legalized from first Monday 
in September, 1805, to December, 1815. 
7 vol. 135. 

Authorized to elect, annually, a Coroner 
for Saint Philip and Saint Michael. 7 vol. 
138. 

One thousand dollars per annum allow- 
ed the city council by the State, for aid- 
ing in enforcing the quarantine laws. 7 
vol. 140 

May appoint commissioners to assess 
damages to lots in widening streets. 7 
vol. 141 

Power to grant or refuse licences to re- 
tail grocers. 7 vol. 142 

May pass Ordinance imposing penalties 
on retailers of spirituous liquors, selling 
without license, within the corporate lim- 
its, and to recover the same. 7 vol. 142, 
143 

To regulate and control the sale of 
grain, by measurement or weight, or 
both, sold within the city. 7 vol. 243 



CIVIL AND MILITARY ENGINEER. 



95- 



Vested with the powers of commission- 
ers of streets. 7 vol. 148 

Authorized to fill up lots and grounds in 
the city. 7 vol. 144 

Authorized to shut up certain streets 
near the market, and to appoint commis- 
sioners to assess the value of lots, &c. 7 
145, 146 

Authorized to enclose Mitchell's alley. 
7 vol. 146 

Title of Intendantand Wardens chang- 
ed to Mayor and Aldermen. 7 vol. 148 

Powers continued. 7 vol. 148 

In absence of the Mayor, may elect 
one of the Aldermen in his place. 7 vol. 
'149 

May levy fines to the amount of $1000, 
to be recovered in city or other court. 7 
vol. 169 



CITY GUARD. 
No officer of, or non-commissioned offi- 
cer, to exercise any of the powers of a 
Magistrate, in any case by or against the 
city guard, or any member thereof. 7 vol. 
J49 



CITY SHERIFF. 
Of Charleston, exempted from serving 
on juries. 7 vol. Ill 



CITY TREASURER. 
Of Charleston, exempted from serving 
en juries. 7 vol. Ill 

CIVIL AND MILITARY ENGINEER. 

Office erected. 6 vol. 58 

His duties as civil engineer. 6 vol. 58 

His duties as military engineer. 6 vol. 
59 

Shall superintend the erection and con- 
struction of civil and military works, 
make contracts for the same, point out 
the pifice and manner where such works 
are to be constructed, dsc. 6 vol. 59 

Shall inspect and construct public build- 
ings, repair and give designs and plans, 
and make contracts, &;c. 6 vol. 59 

Shall see that contracts are faithfully 
performed, and certify the same, and his 
certificate shall be a warrant to the Comp- 
troller (o pay such contract out of moneys 
appropriated. 6 vol. n9 

May, with the advice and consent of 
the Governor and Comptroller, advance 
money on contracts. 6 vol. 60 



Such advances not to be made until the 
party gives bond and security to the State, 
to be approved of by the engineer, in 
double the amount to be advanced, to in- 
demnify the State for failure to perform 
his contract. 6 vol. 60 

For incidental purposes, may draw from 
the treasury a sum which at no time shall 
exceed $10,000 above the sums for which 
he has accounted. 6 vol. 60 

Shall keep regular accounts of money 
so drawn, and account once a quarter, if 
practicable, to the comptroller, who shall 
report the same to Legislature. 6 vol. 60 

Money so drawn, to be part of the mo- 
ney appropriated for the particular object 
to which it may be applied. 6 vol. 60 

Shall continue in office two years. 6 
vol. 60 

Salary, $4000, payable quarterly. 6 
vol. 60 

Before he enters on the duties of his 
office, to give bond and security to the 
State, in the penal sum of $50,000, to be 
approved of by the Comptroller. 6 vol.60 

To examine, from time to time, the 
canals and works of the Winyaw and 
Wando Canal Company, and report the 
same to the Legislature. 6 vol. 75 

Shall have power to cut such canals, 
and open such roads on each side of rivers 
wliich he has been directed by the Legis- 
lature to make navigable, as he may deem 
necessary to the navigation, or to facili- 
tate his works ; and to purchase for the 
State such lands as may be necessary. 6 
vol. 1 14 

Mode of valuing the lands, if he can- 
not agree with the owner. 6 vol. 114 

Engineer to use any materials found in 
the neighborhood of the works, paying a 
reasonable price for the same, to be as- 
certained by appraisers, as above directed 
as to the lands, 6 vol. 114 

Engineer may employ necessary agents 
and assistants. 6 vol. 115 

To remove the traverse at the head of 
Pinckney-street. 6 vol. 115 

Oflice abolished, and Board of Public 
Works established. 6 vol. 12 r" 



CIVIL OFFICERS. 
Taxed 45 cents per cent, on the perqui- 
sites of their offices. 5 vol. 712 
Increased to 62j. 5 vol. 731 



96 



CLAIMS. 



CLAIM. 



See Fine. 



CLAIMS. 
To lands, can only be made by suit. 2 
vol. 584 



CLAIMS AGAINST THE STATE. 

See Public Debt. 

All persons who had put in demands 
against the State, before the 11th March, 
1786, which cannot be found, allowed 
twelve months to bring them in before 
the Auditor, who shall lay them before 
the next Legislature. 5 vol. 106 

Further time allowed to audit the 
claims of divers persons upon confiscated 
estates. 5 vol. 128 

Auditor authorized to send for persons 
and papers. 5 vol. 128 

Governor authorized to employ an in- 
terpretor to translate papers in foreign 
languages. 5 vol. 129 

Treasurer to grant special indents to 
Lewis Bottner, and in payment of all 
accounts passed by this law. 5 vol. 129 

Further time given for registering them 
with the Comptroller. 5 vol. 413 

Claims of a certain kind, heretofore 
unregistered, to be registered in the Trea- 
surers'' offices, under direction of the 
Comptroller, on or before 1st October, 
1808. 5 vol. 537 

A certain sum appropriated to pay all 
claims agreed to by joint resolution of 
both Houses, this Session, although not 
specially appropriated. 6 vol. 235 



CLAREMONT. 
County created in 1785. 4 vol. 662 
Boundary established. 5 vol. 219 
Vestry and Church Wardens of Clare- 
mont Church, authorized to sell a tract of 
land, conveyed by Richard Richardson to 
the Vestry, Church Wardens and Rector 
of St. Mark's Parish, for a glebe. 5 vol. 
98. 



CLARKE'S CREEK. 
To be made navigable. 7 vol. 523, 
554. 



CLARENDON COUNTY. 
Created in 1785. 4 vol. 662 

CLARENDON ORPHAN SOCIETY. 

Authorized to sell certain buildings of 
the said Society, to pay debts, and the 
balance to be paid into the treasury. 6 
vol. 47 



CLEARY, N. G. 

Released from the amount debited by 
the Comptroller for single tax-executions 
lodged with him, on condition that he 
make a full and satisfactory return of said 
executions within ninety days. 5 vol. 
733. 

Comptroller to settle with him for cer- 
tain tax executions received by him as 
Sheriff of Charleston, for collection. 6 
vol. 403 



CLERGY. 

See Benefit of Clergy. 



CLERGYMAN. 
See Rector. 

Exempt from professional tax. 5 vol. 
626, 652, 680, 703 



CLERK. 
Penalty for employing any slave or free 
person of color as a clerk or salesman, in 
or about any shop, store or house used for 
trading. 7 vol. 468 



CLERKS OF COURT. 

See Fees. 

Penalty if a Judge or Clerk make a 
false entry, rase a roll, or change a ver- 
dict. 2 vol. 428 

Governor to appoint Clerks of the Cir- 
cuit Court, as soon as court houses and 
jails are built. 4 vol. 323 

Of Orangeburg, to be also Register of 
Mesne Conveyances of the District. 5 
vol. 477 

Justice of the Quorum, ex-officio. 6 
vol. 479 

Of the several districts, to return to 
the Comptroller, annually, 1st Monday in 
October, on oath, an account of all the 
fines and forfeitures which have been in- 
flicted, had or received within his district, 
of the manner how appropriated, &c., 
and to pay over to the Treasurer of the 
State the balance in his hands on that 
day. 5 vol. 589, 611, 632, 659, 710, 
733. 

Penalty for default, $200. 6 vol. 589, 
612, 632, 659, 710 



CLERKS OF COURT. 



97 



Comptroller to direct suit for the pen- 
alty. 5 vol. 589,659, 710 

Of Charleston, to deposite alimonies 
officially collected, in State Bank, and 
not allowed to draw it out but under cer- 
tain restrictions. /) vol, 526 

Penalty for disobedience. 5 vol. 527 

Justice of the Quorum in all cases, but 
for the trial of small and mean cases. 5 
vol. 625 

Who shall receive from Comptroller, 
a list of such person as have paid tax, to 
exhibit the same to any one who may 
wish to compare their receipts with the 
account of tax returned '^y the Tax Col- 
lector, and if any difference found, to 
report same to the Legislature. 5 vol. 
632, 658, 686, 709, 733 

Penalty for refusing to exhibit the 
same. 5 vol. 632, 658 686, 709, 734 

Shall send an express to the Treasurer 
at Charleston or Columbia for the Acts 
to be distributed at his office, and shall 
pay the express 83 for every forty miles, 
going and coming. 5 vol. 632, 659, 687, 

710; 

Shall send every year, and have the 
same ready for distribution by the 10th of 
March, of every year. 5 vol. 633, 659, 
687, 710 

Clerks of the Court of Common Pleas 
and General Sessions, to hold their offices 
for four years, and until another i5 elec- 
ted. 5 vol. 694 

Before entering upon the duties of his 
office to give bond, as heretofore. 5 vol. 
675 

To transmit to Comptroller, annually, 
the returns of the Commissioners of the 
Poor and of the Roads. 5 vol. 658, 686, 
709. 

Penalty for neglect. 5 vol. 6^8, 686, 
709 

The Comptroller to publish the names 
of such as do not make their annual re- 
turns to him. 6 vol. 9 

Clerk shall, on the application of any 
one, exhibit the Comptroller's annual 
statement of taxes, to compare the same 
with their receipts, and if any difference 
appear, to report the same to the Legisla- 
ture. 6 vol. 10 

Penalty if he refuses to exhibit the 
same. 6 vol. 10 

To be elected by the people. 6 vol. 
12. 

VOL. X— 13. 



Persons to vote, the same as those who 
vote for members of the Legislature. 6 
vol. 12 

How the same shall be advertised, and 
time, place and managers for holding 
elections. 6 vol. 12 

Managers to meet, count over the votes, 
and declare the election of the person 
having the greatest number of votes, and 
certify the same to the Governor (unless 
the election is contested,^ who shall com- 
mission such person, upon his complying 
with the requisitions of the law. 6 vol. 
12. 

How to proceed in cases of contested 
election. 6 vol. 12 

What vacancies the Governor to fill. 6 
vol. 12 

All laws regulating the election of 
members of the Legislature, shall apply 
in these elections. 6 vol. 13 

Clerks of Court hereafter elected, shall 
enter on the duties of their office on the 
second Monday in February next ensu- 
ing their election. 6 vol. 13 

No Clerk thus elected shall be commis- 
sioned until he has given bond and secu- 
rity; as by law he is now bound to do. 6 
vol. Ig 

Commission to be for the term of 
four years, to be computed from the 2d 
Monday in February, in the year in 
which he shall be so elected. 6 vol. 13 

Upon proof on oath, by a petit juror or 
constable, of the number of days he has 
attended the Court, shall give him a cer- 
tificate of the same, countersigned by the 
Judge, which shall be paid at the trea- 
sury, or mav be received for taxes. 6 vol. 
29. 

Clerk to receive at each Court, for 
such services, five dollars per week. 6 vol. 
29. 

Clerks who were in office on the 
17th December, 1812, and held their offi. 
ces during good behaviour, shall continue 
to hold their offices in the same manner 
as before the Act was passed of that date 
altering the tenure. 6 vol. 30 

To have the care of the Court House of 
his district, to open the same when re- 
quired, and to close the same at night, 
and keep it closed and locked always, ex- 
cept when required for public use. 6 vol. 
59. 



98 



CLERKS OF COURT. 



Liable to a penalty of $5 for every 
night the Court House shall be left open, 
to the use of the informer. 6 vol. 59 

Their duty to collect and receive all 
fines inflicted and forfeitures incurred in 
their respective Courts, and to pay the 
same to the treasury of their division, by 
1st October every year, and to render an 
account thereof to the Comptroller. 6 
vol. 109 

Each and every Clerk shall, on or be- 
fore the 1st November, every year, re- 
cord in his office a true list of the Justices 
who shall have qualified before him, and 
shall, within ninety days, transmit a true 
copy thereof to the Secretary of State's 
office, who small make a record of the 
same. 6 vol. 116 

To hold their offices for four years, 
and until a successor is elected, commis- 
sioned, and enters upon the duties of his 
office. 6 vol. 120 

Of Fairfield, to be ex-officio Commis- 
sioner of Locations for that district. 6 
vol. 120 

To collect all fines and forfeitures in- 
curred in his district, and to pay the same 
over to the treasury of the division he 
lives in, on or before the 1st Octofier, 
every year, and to render an account 
thereof to the Comptroller, as heretofore 
required by law. 6 vol. 133, 171 

In making their annual returns to the 
Comptroller, to send a duplicate. 6 vol. 
139. 

Upon vacancy occuring in the Sheriff's 
office, to give immediate notice of the 
fact to the Governor, and shall himself 
take possession of the goal, and take 
charge of the prisoners therein, and of all 
the papers in the Sheriff's office, until a 
Sheriff shall be elected and commissioned. 
6 vol. 185 

Clerk shall, on application of the deb- 
tor and creditor, on the production of the 
evidence of the debt, and the creditor's 
swearing that such debt is hona fide due, 
and that the confession is not to defraud 
the just creditors, transcribe in a book the 
. note, bond or account, and file the origi- 
nal, and in which book he shall cause to 
be written a confession as follows, (in a 
form prescribed by the Act,) which con- 
fession, from the date, shall create a lien 
on the real or personal estate of the debtor. 
6 vol. 161 



The Clerk, or any Attorney, may issue 
an execution as if the judgement was by 
verdict or decree in open Court, and shall 
have the same lien. 5 vol. 161 

To be read in open Court, on the first 
day of the next succeeding term. 6 voL 
161. 

Any one aggrieved, may try the validity 
of the same, by suggestion before the jury. 
6 vol. 161. 

If the Jury find the judgment to be 
fraudulent, or not founded on a hona fide 
consideration, the Court shall order it to 
be set aside. 6 vol. 161 

Fees on snch confession. 6 vol. 161 

To collect all fines and forfeitures inflic- 
ted in their respective Courts, and to pay 
the same over to the treasurer of the divi- 
sion in which they reside, on or before 
the 1st October, every year, and to ren- 
der an account to the Comptroller, as 
heretofore. 6 vol. 198 

No Clerk to retain monies thus receiv- 
ed, on the ground of the State's being 
indebted to him for fees. 6 vol. 198 

To pay over annually on the 1st Janu- 
ary, to the Commissioners of the Roads of 
his district, all money received during the 
year preceeding, for licenses to hawkers 
and pedlars. 6 vol. 265 

To grant licenses to hawkers and 
pedlers for his district, with the name of 
the person and district named in it. 6 
vol. 265 

Cost of license $50. 6 vol. 265 

Allowance to Clerk, $2, to be paid by 
the person to whom it is granted. 6 vol. 
265. 

License to continue one year, confined 
to one district, is not assignable, can be 
used by no one but the person to whom it 
is granted, and authorizes the employment 
of but one cart, wagon, or other carriage. 
6 vol. 265 

Separate license for each agent and 
cart. 6 vol. 265 

Whenever a vacancy occurs in the 
office of Ordinary, immediately to notify 
the Governor of the same, and he shall 
take charge of the office and papers, until 
an Ordinary is elected and commissioned. 
6 vol. 292 

The Clerk of the Court of Sessions to 
issue all executions, scire facias, and 
other process issuable or directed to be 
issued by the said Courts ; and the Clerks, 



CLERKS OF COURT. 



99' 



for the service aforesaid, to receive the 
fees provided by law for issuing the same. 
6 vol. 316 

To grant all writs of dedimus j^otesta- 
tum, for taking renunciations of dower, 
and releases of inheritance, from femes 
covert, or for the purpose of proving the 
execution of all deeds of conveyance, 
where snch femes covert or persons so con- 
veying, reside without the limits of tliis 
State, directed to commissioners, as here- 
tofore prescribed. 6 vol. 319 

To give notice of time of vacancy by 
expiration of office of the sheriff, to each 
manager of election, at least 60 days be- 
fore the expiration ; and immediately, of 
all vacancies by death, resignation or re- 
moval from office, or when a sheriff elect 
is dead or has resigned. 6 vol. 339 

For the performance of every such du- 
ty, the comptroller to pay the clerk $5, 
upon proof to him that he did perform 
the duty. 6 vol. 339 

Nothing herein contained to prevent 
the managers from proceeding to order 
and hold the election when the clerk ne- 
glects to give the notice required. 6 vol. 
339 

The Act requiring the clerk to give 
the Governor notice of vacancies, re- 
pealed. 6 vol. 339 

It shall be the duty of each cle^-k of 
the several districts, to receive from the 
comptroller the blank official bonds annu- 
ally distributed for his district, and to de- 
liver one to each person elected or ap- 
pointed to any district office, whenever 
called for. 6 vol. 384 

In every case where the Judge who 
should have presided, shall be absent from 
any court, it shall be the duty of the 
clerk and sheriff of the district, upon the 
adjournment of the same, to give to each 
juror and constable a certificate, specify- 
ing, in addition to what is now required 
by law, where a judge presides, that the 
judge who should have presided, was ab- 
sent ; and such certificate shall have the 
same effect, and be paid in the same 
manner, as is now prescribed by law, 
where such certificates have been cou«- 
tersigned by a presiding judge. 6 vol. 
439 

After supplying all such persons as by 
law are entitled to receive copies of the 
Acts and Resolutions of each Session of 



the Legislature, to sell the copies remain- 
ing in their hands, at fifty cents per copy, 
and pay into the treasury such amounts 
as they m*y severally receive by such 
sales. 6 vol. 507 

The Clerk of the Crown Pleas and of 
the Court of Common Pleas, may act 
themselves in their official business,, ox 
appoint clerks, for whom they shall, res> 
pectively, be answerable. 7 vol. 202 

No Clerk of the Courts to act as attor- 
ney or solicitor in any court. 7 vol. 202 

May adjourn the Courts de die in diem, 
as long as the term lasts, until the court 
meets. 7 vol. 204 

And till the next term. 7 vol. 204 

Deputy Clerk of the County Court, 
how to be appointed. 7 vol. 243 

Clerk's office to be kept at court-house. 
7 vol. 243 

For all public services of the Clerk of 
the County Courts, for which no particu- 
lar fee is allowed, five pounds perannum, 
and for the Sheriff seven pounds 10s. 7 
vol. 244 

The Clerks of the Circuit Courts al- 
lowed the same fees as Clerks of the 
County Courts. 7 vol. 254 

Entitled to the same rights and emolu- 
ments, and subject to the disabilities, as 
the Clerk of the Court of Charleston 
now is. 7 vol. 254 

To give bond. 7 vol. 254 

May be removed by the Governor. 7 
vol. 254 

May appoint deputies. 7 vol. 254 

Oath. 7 vol. 255 

Not to act as attorney or justice. 7 
vol. 255 

Shall always make out a bill of fees, 
signed by the Sheriff, Clerk or other offi- 
cer to whom such fees are due, to be ex- 
pressed in words, and shall give a receipt. 
7 vol. 255 

A list of fees to be hung up in his 
office. 7 vol. 255 

Office hours from 9 in the morning tiH 
4 in the afternoon. 7 vol. 255 

For each search 6d. 7 vol. 255 

The clerks of the several district courts 
(Charleston excepted,) shall, on the 15th 
day of every January and June, make 
out, in an alphabetical docket, by the de- 
fendants's names, officially stibscribed by 
them, under seal, a particular account of 
all judgments entered in their courts, for 



100 



CLERKS OF COURT. 



the terms immediately preceding ; the 
docket to contain, besides the names of 
defendants, their places of abode, title, 
trade and profession, if any appear on 
the record, and the debt, damages and 
costs recovered, the district, and number 
of the roll ; to be transmitted by said 
clerks to the clerk of the court of com- 
mon pleas, in Charleston, to be entered 
of record. 7 vol. 255 

Penalty for neglect, 7 vol. 256 

Judgments not so docketed of no avail, 
except in the district where recovered. 7 
vol. 256 

The Clerks or their deputies may open 
and adjourn the Circuit Courts, in ab- 
sence of the Judges. 7 vol. 262, 254 

Clerks to be appointed for the new dis- 
tricts of Pinckney and Washington. 7 
vol. 264 

May have execution for his fees, if the 
case stops at any stage. 7 vol. 264 

The Clerks of the County Courts to 
be appointed, commissioned and qualified 
as heretofore. 7 vol. 267 

When any person shall be aggrieved 
by the negligence or malpractice of any 
clerk or sheriff of the county courts, on 
motion to the court, after notice of two 
days to the clerk or sheriff, of such in- 
tended motion, and the grounds thereof, 
in writing, the court shall forthwith give 
such order or judgment as to justice doth 
belong. 7 vol. 268 

Clerks of the County Courts may ad- 
journ their Courts. 7 vol. 269 

Clerk of the Court at Camden, to be 
Clerk to the Constitutional Appeal Court 
at Columbia, 7 vol. 275 

Under the new judiciary system of 
1800, how appointed. 7 vol. 288 

Clerks of County Courts continued till 
otherwise elected. 7 vol. 289 

How to be appointed under the Act of 
1799. 7 vol. 292 

Their bond, how to be sued on. 7 vol. 
292 

May grant orders for bail, and take re- 
cognizances of special bail. 7 vol. 294 

Of each district, to be Register of 
Mesne Conveyances. 7 vol. 296 

In case of vacancy, Judge shall appoint 
for the session of the Court. 7 vol. 296 

Clerks of County Courts to account to 
Commissioners of Roads for county funds. 
7 vol. 296 



To grant commissions to examine wit, 
nesses. Ten days notice being given to 
the opposite party, &c. 7 vol. 298 

May admit guardians for negroes. 7 
vol. 298 

May qualify before any two justices of 
the quorum of his district. 7 vol. 29S 

Of Charleston, Georgetown and Rich- 
land, to make a statement to the Bank of 
the State, or branch where situated, once 
a month, of all monies they have receiv- 
ed, and for whom, under penalty. 8 vol. 
36 



CLERKS OF THE APPEAL 

COURT. 

The Judges to appoint one for Colum- 
bia, and ojie for Charleston, removahle 
at their pleasure, and to receive a salary 
of $300. 7 vol. 331 

Their offices, where to be kept. 7 vol. 
332 

Records to be delivered to the said 
clerks. 7 vol. 332 

Shall not charge for certificates of the 
result of a cause, but shall send them to 
the clerks of the circuit courts, as soon 
as the cases are determined. 7 vol. 332 

Allowed the usual charge for copyings 
per copy sheet. 7 vol. 332 



CLERK OF COUNTY COURTS. 
How to be appointed. 7 vol. 221 
How removed. 7 vol. 222 
To provide record books. 7 vol. 222 
His fees. 7 vol. 222 
How to be collected. 7 vol. 222 
May appoint a deputy. 7 vol. 223 
Clerk's oath. 7 vol."'223 



CLERK OF PARLIAMENT. 
His fees. 2 vol. 6 

CLERK OF THE PEACE AND 

. CROWN. 
His fees. 2 vol. 5 



CLIPPING COIN. 
Penalty for. 4 vol. 716 



CLOTHING. 
What clothirg to be allowed to servants 
at the end of their time. 3 vol. 20 



COIN. 



101 



COAL. 
What lawful measure. 4 vol. 291 
Oath of measurer. 4 vol. 2i)l 
Not of lawful measure, to be forfeited. 

4 vol. 291 

Measurers annually elected. 4 vol. 

292 

Act limited to 7 years. 4 vol. 293 
Made perpetual by Act of 1783. 4 

vol. 541 



173 



COASTING TRADE. 
Of the Province, regulated. 4 vol. 



COERCION. 
Of a State by the General Government. 
1 vol. 221. 



COIN. 

Valae of Mexican, Seville and Peruvi- 
an dollars. 2 vol. 72 

Dollars and half dollars not of full 
weight. 2 vol. 72 

Weighers appointed. 2 vol. 72 

Penalty for clipping, washing, filing, 
defacing or counterfeiting. 2 vol. 72 

Value of Spanish coin. 2 vol. 95 

Foreign gold coin. 2 vol. 95 

Offences against the coin. 2 vol. 95 

Punishment. 2 vol. 95 

What current in South Carolina. 2 
vol. 163 

Mexican. 2 vol. 163 

Peru. 2 vol. 163 

England. 2 vol. 163 

The dollar. 2 vol. 163 

Crown. 2 vol. 163 

New England. 2 vol. 163 

Gold of foreign coin. 2 vol. 163 

Felony to clip, wash, counterfeit, &c. 
current coin, or aid or counsel. 2 vol. 
163 

To pass counterfeit. 2 vol. 164 

Present debts, how to be paid. 2 
164 

Fees, how paid. 2 vol. 164 

Rent due Proprietors. 2 vol. 164 

Plugged money, not current. 2 
164 

Repealed. 2 vol. 165 

An Act to promote the currency of 
heavy money. (Not extant.) 2 vol. 178 

See note of Editor, on currency, &c. 
2 vol. 70S 



vol. 



vol. 



Proclamation for ascertaining the cur- 
rency of foreign coins in America. 2 
vol. 563 

For enforcing due execution of procla- 
mation. 2 vol. .564 

Persons after May 1st, 1709, paying or 
receiving any foreign silver coins, at a 
higher rate than is regulated, to sulfer 6 
months imprisonment and forfeit £10. 
2 vol. 564 

Proviso, 2 vol. 565 

Queen may regulate the several species 
hereafter, in such other manner as she 
shall judge necessary. 2 vol. 565 

Gold and silver coins of the weight and 
denominations herein mentioned, to be a 
legal tender, ( 1783.) 4 vol. 543 

Value of various foreign coin. 4 vol. 
543 

Penalty on counterfeiting such coins. 
4 vol. 543 

How debts to be paid contracted before 
the Act. 4 vol. 543 

Penalty for clipping or filing gold or 
silver, 4 vol. 716 

Amount and standard of copper and 
silver. 4 vol. 743 

Death to counterfeit. 4 vol. 744 

See note. 4 vol. 763 



COLLECTOR OF THE CUSTOMS. 
Not to leave the State without permis- 
sion of the Governor, upon forfeiture of 
his office. 5 vol. 126 

Governor authorized to fill such vacan- 
cy, and to grant leave of absence in case 
of sickness only. 5 vol. 126 

COLLEGES. 

See South Carolina College. Winns- 
horough College. Charleston College. 
Cambridge College. College of Charles- 
ton. 

Cambridge College authorized to estab- 
lish a lottery. 5 vol. 223 

Beaufort College incorporated, and 
certain lands vested in the Trustees. 5 
vol. 268 

Trustees authorized to sell all the pro- 
perty of the College of Cambridge, to 
pay the debts of the College, and if any 
surplus, to apply it to the establishment of 
a Grammar School in Abbeville district. 
5 vol. 459 



102 



COLUMBIA. 



COLLETON COUNTY. 

Created in 1785. 4 vol. 663 

Commissioners appointed to repair the 
court-house and goal. 6 vol. 26 

To draw out appropriation for the 
same. 6 vol. 26 

Court of, to be held at Jacksonborough. 
7 vol. 289 

Commissioners to fix on place for court 
house. 7 vol. 289 



COLLETON, JAMES. 

Late Governor, made war upon the 
country. 2 vol. 44 

Prohibited from all offices of honor or 
profit. 2 vol. 44 

To enter into bail at the King's bench, 
Westminster. 2 vol. 45 

To be held to bail in £10,000. 2 vol. 
45 

To give bond to persons herein named. 
2 vol. 45 

Penalty. 2 vol. 45 

Act against him explained. 2 vol. 46 

Variations from the former Act. 2 
vol. 47 



COLLINGHAM, JOHN. 
His name changed to John Ridgel. 
vol. 544 



COLLINS, NANCY. 
The escheatable estate of Moses Col- 
lins, of Barnwell, vested in her. 6 vol. 
389 

COLLINS & CONNER. 
Certain lands to be conveyed to them 
by the Superintendant of Public Works, 
on certain conditions being performed. G 
vol. 189 



COLUMBIA. 

See Commissioners of Columbia. 

Commissioners to lay off a tract for 
the town, (1786.) 4 vol. 751 

Lots vested in the commissioners for 
the use of the State. 4 vol. 751 

Value to be paid the proprietors, Tho- 
mas and James Taylor. 4 vol. 751 

Reservation for public buildings, and 
other lots to be sold by the commissioners. 
4 vol. 751 

State House, dec. to be built by con- 
tract. 4 vol. 751 



Governor's house to be built. 4 vol. 
751 

Purchasers of lots to build within three 
years, or pay a forfeit. 4 vol. 752 

Present inhabitants may reserve two 
acres, including their dwelling houses, on 
conditions. 4 vol. 752 

Name of town, Columbia. 4 vol. 752 

To be the seat of Government. 4 vol. 
752 

Commissioners to be elected. 4 vol. 
752 

Governor to fill vacancies. 4 vol. 752 

All public records, except such as relate 
to Charleston, Georgetown and Beaufort, 
to be removed from Charleston to Colum- 
bia, the new seat of Government. 5 vol. 
102 

Commissioners may sell lots. 5 vol. 215 

Commissions allowed vendue masters. 
5 vol. 216 

Allowed to build houses of any materi- 
als. 5 vol. 216 

One square given to Free School, at 
Columbia. 5 vol. 216 

Commissioners of, authorized to con- 
vey two squares of land to the Agricultu- 
ral Society of the State. 5 vol. 318 

An election, 1st April, of every year, 
for seven commissioners of the streets, at 
which all free white inhabitants, who have 
paid one dollar tax the preceding year, to 
the State, may vote. 5 vol. 332 

Managers appointed to hold election. 5 
vol. 332 

Commissioners to choose chairman. 5 
vol. 332 

To take an oath. Form of it. 5 vol. 
332 

To have powers of commissioners of 
roads. 5 vol. 332. 

Inhabitants to work on streets, and 
excused from working elsewhere. 5 vol. 
S52 

Commissioners given all power to fine 
and expel all keepers of gaming tables in 
said town. 5 vol. 333 

To grant tavern licenses, and licenses 
for retailing spirituous liquors. 5 vol. 333 

Commissioners to make such rules and 
regulations necessary to the quiet and 
safety of the inhabitants of the town, and 
for regulation of streets and markets ; 
provided^ such rules, &c., are not in vari- 
ance with constitution and laws of the 
Sate and United States. 5 vol. 333 



COLUMBIA. 



tm 



May impose and collect, in summary 
way, before any two of the commission- 
ers, sucli fines as persons may incur by 
violating their by-laws. But no fine for 
an offence shall exceed ten dollars. 5 vol. 
333 

Commissioners may appoint clerk of 
the market. 5 vol. 333 

Clerk's duty. 5 vol. 333. 

May sell timber and timber trees in the 
streets and unsold lots in the town. 5 vol. 
333. 

May grant written order to cut timber. 
5 vol. 333 

May restrain all persons from cutting, 
but by their order, by such fines and 
penalties as they may impose, so as not to 
exceed ten dollars for same offence. 5 
vol. 333 

Door-keeper or keeper of State House, 
exempted from above restraints. 5 vol. 
333 

All fines, &;c., shall be applied in keep- 
ing in repair the market-house, the streets, 
paying the clerk, and such other officers 
as they may appoint. 5 vol. 333 

Surplus, if any, to be paid over to trus. 
tees of Columbia Academy. 6 vol. 334 

Act of December, 1797, repealed. ^ 
vol. 334 

Burial ground to be laid out. 5 vol. 
334 

This a public Act. 5 vol. 334 

Receipt for licenses for billiard tables in 
Columbia, to be laid out in sinking wells. 
5 vol. 401 

Commissioners of, allowed to cancel 
certain bonds given for lots in Columbia, 
and to convey them to the trustees of the 
South Carolina College. 5 vol. 437 

Governor to appoint a commieeioner for 
selling lots, and to fill vacancy. 5 vol. 589 

Commissioner to execute titles for lots 
sold by former commissioners, but no 
titles made. 5 vol. 589 

Power and duties of commissioner. 5 
vol. 589 

An Act to repeal "An Act for the bet- 
ter regulating the streets and market of 
the town of Columbia, and to incorporate 
the said town." 5 vol. 505 

Persons who purchased lots from part 
of the commissioners, to register their 
titles within a year ; which titles, so re- 
corded, shall not be impeached. If not 



recorded in time, not to have the benefit' 
of this law. 5 vol. 525. 

All bonds and specialties given for lots 
so sold, declared to be valid. 5 vol. 525 

Governor to appoint five commissioners, 
and from time to time fill vacancies. 5 
vol.525 

Comptroller to examine the annual re- 
port of commissioners, and to cause all 
bonds, notes and specialties, due and ow- 
ing for purchase of lots, to be placed in 
the hands of the Attorney General, or 
Solicitors, for collection, and to sue for 
balances in hands of the respective com- 
missioners. 5 vol. 525 

Commissioners to report annually, to 
the comptroller, the amount of sales, re- 
ceipts and expenditures. 5 vol. 525 

No person allowed to keep a billiard 
table in Columbia without a license from 
the town council, for which he shall pay 
$500. 5 vol. 612 

Penalty for breach of this law, $2000. 
5 vol. 612 

The inhabitants of the town liable to 
work on the streets, under the directions 
of the intendant and wardens, as the citi- 
zens in other parts of the State are liable 
to work on the roads. 5 vol. 642 

Intendant and Wardens authorized to 
regulate the assize of bread. 5 vol. 642 

Commissioners of Columbia to make 
titles to the Intendant and Wardens of 
Columbia, to the officers and members of 
lodge No. 68, Ancient Free Masons, to the 
officers and members of the South Carolina 
Agricultural Society, and to the officers 
and members of the Medical Board, of a 
public lot in Columbia on which the jail 
stands, in consideration that the grantees, 
or some of them, erect on the said lot a 
building of certain description, for cer- 
tain purposes, besides a market and clock, 
&c. 6 vol. 102 

Intendant and Wardens authorized to 
borrow $25,000, for supplying the town 
with water. 6 vol. 103 

Authorized to levy a tax on the taxable 
property of the town to pay the interest, to 
constitute a sinking fund, and pay off the 
principal. 6 vol. 103 

Commissioner of Columbia to convey 
to them certain lots. 6 vol. 103 

May divert streams of water, and ap- 
propriate and use private property, in con- 
structing the works necessary to convey 



104 



COLUMBIA. 



water through the town, and to [Jay for 
the same. 6 vol. 103 

How value to be ascertained. 6 vol. 
103 

As soon as the works are finished and 
the water introduced into the town, the 
Comptroller to draw his warrant in favor 
of the corporation, on the treasury, for 
$5000 ; and if they accept it, the Colleges 
and buildings connected therewith, the 
public Academies, Court House, Jail, State 
House, and other buildings which the 
State may hereafter erect in said town, 
shall be forever exempt from all charges 
for supplies of water, the trustees or State 
paying for the expense of conveying the 
same, or for distributing pipes. 6 vol, 104 

Corporation may transfer their powers 
to any person or company who will under- 
take it, except so far as to borrowing mo- 
ney and levying a tax to pay the same, on 
such terms, and with such privileges as 
shall, by the articles of transfer, be stipu- 
lated. 6 vol. 104 

A company receiving such transfer, on 
lodging in the office of Secretary of State 
the articles of transfer, shall receive let- 
ters patent constituting them a corpora- 
tion, by the name of the Columbia Wa- 
tering Company. 6 vol. 104 

No billiard table to be licensed in the 
town of Columbia. 6 vol. 104 

Penalty for keeping one in Columbia. 
6 vol. 104 

Marshall of the town authorized to en- 
ter any house, in which one shall be kept, 
and the same to seize and dispose of, to 
the use and benefit of the town. 6 vol. 
104 

Nor shall one be licensed within fifteen 
miles of Columbia, and if kept within 
that distance, subject to the same penal- 
ties and liabilities as if kept in Columbia. 
6 vol. 104, 105 

Intendant and wardens, in council, au- 
thorized to levy, assess and collect, a tax 
on all the real property of said town, 
sufficient to defray the expenses of en- 
forcing the rules, regulations and by-laws 
of the said town ; not to exceed fifty 
cents for every $100. 6 vol. 118 

May impose fines, not exceeding $50, 
to be recovered as fines are now recovered 
for infractions of any Ordinance of said 
town. 6 vol. 118 

May impose penalties to prohibit the 



building and working of any blacksmith- 
shop on main street, or any other public 
part of the town. 6 vol. 118 

May demand for every license to retail 
spirituous liquors, for any quantity above 
one quart, $25 — for a license to retail any 
quantity, $50 — and for a license to keep 
tavern and retail, $50; to be paid before 
the license is issued. 6 vol. 118 

When any fine exceeds twenty dollars^ 
it may be recovered in the circuit court 
of Richland, and when under twenty dol- 
lars, to be recovered before the intendant 
and wardens, or any three of them. G vol. 
119 

All fines to be applied to the use of the 
town. 6 vol. 119 

This a public Act, and so to be regard- 
ed in all courts of justice. 6 vol. 119 

The commissioner of Columbia, in mak- 
ing his annual return to the Comptroller, 
to send a duplicate. 6 vol, 139 

Town council to regulate patrol. 6 vol. 
207 

Intendant, pro tempore, how to be cho- 
sen ; who, with four wardens, to constitute 
a quorum. 6 vol 207 

Upon a return by the marshall upon an 
execution, that no property can be found, 
the Intendant and wardens may issue an 
execution against the body of such per- 
son. 6 vol. 207 

U^pon his arrest, he is entitled to have 
the benefit of the gaol bounds Act, be- 
fore a magistrate, instanter, upon notify- 
ing the intendant thereof. 6 vol. 207 

Town council constituted commission- 
ers of the poor, for the town, and to have 
all their powers. 6 vol. 207 

Power of commissioners of the poor 
for Richland, over the town, to cease. 6 
vol. 207 

Town divided into three wards, and 
commissioners appointed to make them. 
6 vol. 240 

The inhabitants of the town to elect 
Intendant, and the inhabitants of each 
ward to elect, by ballot, from among 
themselves, two wardens, at the time 
fixed by law, and at such places as the 
intendant and wardens, for the time be- 
ing, shell appoint. 6 vol. 241 

Intendant and wardens shall have pow- 
er to lay a tax on all the personal taxable 
property in the said town. 6 vol. 240 

The 3rd clause of the Act passed this 



COLUMBIA. 



105 



session, giving the town council of Co- 
lumbia the power of laying a tax on all 
the personal taxable property within the 
town, to be understood as not giving them 
power to lay a tax on negroes for a greater 
sum than twelve and a half cents on each 
slave, and upon no other personal proper- 
ty whatever. 6 vol. 254 

Intendant and wardens authorized to 
lay a tax on all pleasure carriages, wa- 
gons, drays and carts, belonging to the 
inhabitants of the said town. 6 vol. 261 

Public scales to be established in each 
ward, or one near the market. 6 vol. 319 

Town council to appoint a public weigh. 
er, to be removable by them. 6 vol. 319. 

His duty. G vol. 320 

His certificate shall be conclusive evi- 
dence, (where reference is had to the pub- 
lic scales on the same day that the con- 
tract of sale is made,) of the weight of 
cotton, or other article sold by weight, in 
any court of justice in which an action 
may be pending, touching the said scale. 
6 vol. 320 

The town council may assess a sum, 
not exceeding five cents upon each bale 
of cotton, and a proportionate sum on 
other articles weighed, to be paid by the 
seller, to defray the expenses of the said 
scale house, which shall be under their 
exclusive control. 6 vol. 320 

The public scales to be a standard to 
which all in the town are to conform, and 
if any person shall use others differing 
from the said standard, such person, on 
conviction in the court of sessions, sliall 
be fined and imprisoned at the discretion 
of the court. 6 vol. 320 

Certain squares and lots in the town, 
between the College and Rocky Branch, 
vested in the trustees of the College. 6 
vol. 485 

Proceeds of certain lots in, given to 
the Protestant Episcopal Church, the 
Presbyterian, Baptist and Methodist con 
gregations, in Columbia. 8 vol. 266 

Old burying grounds in Columbia given 
to Presbyterian and Episcopal churches, 
on their paying one-half their value to the 
Baptist and Methodist churches. 8 vol. 
269 

Wardens, how elected. 8 vol. 351 

Town council to regulate sales at auc- 
tion. 8 vol. 365 

VOL. X— 14. 



Power of taxing, enlarged. 8 vol. 365 
Property of the Stat«, exempted from 
taxes. 8 vol. 365 

Duration of the Act. 8 vol. 365 
Commissioners of streets, vested with 
all the powers of commissioners of George- 
town, given by Act of 1791. 9 vol. 380 
Law forbidding billiard tables within 
fifteen miles of Columbia, limited to ten 
miles. 9 vol. 524 

Limited to five miles, during July, Au- 
gust and September. 9 vol. 568, 575 



COLUMBIA ACADEMY. 

Escheated property in Richland, given 
to trustees of. 6 vol. 53 

Certain lots in Columbia given to them. 
6 vol. 53 



COLUMBIA, (COMMERCIAL BANK 
OF.) 

See Banks. 

Corporate powers and privileges. 8 vol. 

58. 



COLUMBIA JOCKEY CLUB. 
Incorporated. 6 vol. 534 



COLUMBIA STEAiM-BOAT COMPA- 
NY. 

Incorporated. 6 vol. 535 



COMBER, DANIEL. 

See Thomas FJetchall. 



COMMISSARY GENERAL. 

Appointed. 4 vol. 331 

To draw on the Comptroller for 
000 at a time, and account for it before 
he draws again. 5 vol. 670 

To give bond for $30,000, to be ap- 
proved of by the Governor and Comptroll- 
er. 5 vol. 670 

To contract for munitions of war, but 
not to exceed $60,000, unless with the 
approbation of the Governor. 5 vol. 670 

Governor to distribute the arms and 
equipments. 5 vol. 670 

Blankets, cannon. 5 vol. 671 

All former appropriations repealed. 5 
vol. 671 



COMMISSION. (SPECIAL.) 
All treasons, felonies, piracies, &;c., 
committed on the seas, d:c., to be tried in 



106 



COMMISSIONERS. 



this Province by commission. 3 vol. 41 



COMMISSIONS. 
No commissions to be allowed on sales 
not actually made ; but if the court order 
the Master or Commissioner to make titles, 
he is entitled to a fee of five dollars for the 
•title. 7 vol. 324 

COMMISSION TO T4KE DOWER. 
See Dower. 

COMMISSIONERS OF BAIL. 
To be appointed by the judges in each 
district, with power to take recognizan- 
ces of special bail and affidavits, such 
rcognizances being signed and sealed by 
the persons making the same, in any 
causes depending in the said courts, and 
to be certified and transferred to the 
courts. 7 vol. 204 



COMMISSIONERS OF CROSS ROADS. 

In Charleston, declared justices of the 
peace ex-officio, except for trial of small 
^nd mean causes. 7 vol. 462 

On Charleston Neck, to appoint col- 
lector of militia fines. 8 vol. 566 

COMMISSIONERS AND MASTERS IN 
CHANCERY. 

See Master and Commissioners. 



COMMISSIONER OF COLUMBIA. 

See Columhia. 

On the 1st day of October, every year, 
to furnish the Comptroller with a state- 
ment of all debts due to the State, in his 
possession, shewing the names of the 
debtors, the amount of debts, the interest, 
the payments made, and the balance due 
the State. 6 vol. 108 

On failure to do so, to forfeit two bun- 
dred dollars, recoverable by action in any 
court of competent jurisdiction. 6 vol. 
108 

In making his annual return to the 
Comptroller, to send a duplicate. 6 vol. 
139 

To collect the debts due to him by R. 
H. Waring and Abram Blanding, in four 
equal instalments, and the other debts 
due to him, in two equal instalments. 6 
vol. 296 



COMMISSIONERS OF COURT 
HOUSES AND GAOLS. 

See Court Houses and Goals. 

Seven Commissioners to be appointed 
by joint resolution, for each circuit court 
district in the State, whose duty it shall 
be, to keep in repair and superintend the 
court houses and gaols of their respective 
districts. 6 vol. 321 

If any person so appointed refuses to 
act, or neglects to perform the duty, he 
shall forfeit not exceeding $50, to be re- 
covered by indictment ; and the money 
so forfeited shall be paid to the acting 
commissioners for such district, to be 
applied to the repairing the court house 
and gaol of such district. 6 vol. 321 

Each board to serve 4 years, and until 
the appointment of a new board be made, 
and shall have power to fill all vacancies 
in their number, occasioned by death, re, 
signation, removal from the district, or 
refusal to serve ; and the person so 
elected to have all the powers and be 
subject to all the penalties provided for 
in the first clause of the Act. 6 vol. 
321. 

But no person elected or appointed 
shall be compelled to serve more than 4 
years in succession. 6 vol. 321 

To meet and form a Board at such time 
and place as a majority shall appoint, and 
shall appoint a Chairman and all neces- 
sary oflicers. 6 vol. 321 

A majority shall have power, as often 
as they think necessary, to assess, levy 
and collect, as commissioners of the poor 
are allowed to do, and to the same "xtent, 
all such sums of money as may be neces- 
sary for repairing the court houses and 
gaols of their respective circuit court dis- 
tricts. 6 vol. 321 

Each Board to report annually to the 
Comptroller, the sums so assessed and 
levied by them. 6 vol. 321 

All fines and forfeitures incurred and 
imposed in any court of sessions for any 
circuit court district, shall be paid to the 
commissioners of public buildings for such 
district, to be applied in aid of their as- 
sessment, for the purposes aforesaid. 6 
vol. 321 

Provided., that nothing herein contain, 
ed is to interfere with the right of any 
informer, where the whole or any part 



COMMISSIONERS. 



lO'r 



of any fine or forfeiture is given to him. 
6 vol. 321 

Nothing in this Act to affect any ap- 
propriation for public buildings, made at 
this or any previous session ot the Legis- 
lature. 6 vol. 321 

If any person shall wilfully injure any 
part of any court house or gaol in this 
State, or the enclosures, or any part 
thereof, he shall be liable to be indicted, 
and upon conviction, be fined or impri- 
soned, at the discretion of the court. 6 
vol. 321 

The public buildings in Charleston, at 
the North. west corner of the City Square, 
shall be in like manner under the charge 
of the same Board, to the same extent 
and in like manner as the court houses 
and gaols. 6 vol. 322 



COMMISSIONERS OF DEAF AND 
DUMB. 
The commissioners shall, annually, re- 
port to the Legislature an exact state- 
ment of their various proceedings during 
the past year, shewing precisely how they 
disbursed the money expended, the names 
of the persons who have received the 
bounty, the ages and places of residence 
of such persons, and information as to 
their progress ; which statement shall be 
accompanied by the vouchers of all sums 
expended. 6 vol. 514 



COMMISSIONERS OF FREE 
SCHOOLS. 

See Free Schools' 

Any person hereafter appointed by the 
Legislature or the Board, a Commissioner 
of Free Schools, who refuses to serve, 
shall be fined the sum of $20, to be re- 
covered, for the use of the Free Schools 
of the district or parish, before any jus 
tice of the peace; provided, however, 
that no person shall be compelled to 
serve more than three years in six. 6 
vol. 529 

Any Commissioner of Free Schools 
who, being notified thereof, shall neglect, 
without a sufficient excuse, to be allowed 
by the Board, to attend a regular or spe- 
cial meeting of the Board, shall be fined 
the sum of $5, which shall be recovered 
and applied in the manner expressed in 
the first section. 6 vol. 529 



On or before the first day of March 
next, the Commissioners of Free Schools, 
in their respective districts and parishes, 
shall divide the district or parish into as 
many school divisions as in their discre- 
tion they may deem best ; provided, that 
the number of school divisions shall not 
be less than the number of schools, if 
there be as many schools as Commissions 
ers in the district or parish. H vol. 529 

One Commissioner shall be appointed 
by the Board to superintend each of said 
school divisions, who shall be liable to the 
penalties hereinafter imposed for neglect 
of duty, in respect of the schools under 
his charge. 6 vol. 530 

The Board of Commissioners in any 
district or parish, shall not employ a tea- 
cher until he shall have been first exam- 
ined by the Board, and found qualified 
for that duty. 6 vol. 530 

Each Board of Commissioners shall 
nominate and appoint three Trustees to 
each school in their respective districts 
and parishes, whose duty it shall be, with 
the commissioned of the school division, 
to supervise the school submitted to their 
care, and recommend applicants for ad- 
mission. 6 vol. 530 

The Commissioner of each school divi- 
sion, for neglect or abuse of the powers 
and duties entrusted to him by law, shall 
be liable to indictment, and, on convic- 
tion, shall be fined an amount not less 
than $20, nor more than <$50 : And fof 
neglect of the powers and duties entrusted 
by law to the board of commissioners, they 
shall be liable to indictment ; and, on 
conviction of one or more of said commis- 
sioners, he or they shall be severally fined 
a sum not less than $20, nor more than 
$50. 6 vol. 530 

COMM'RS OF FREE SCHOOLS FOR 
PENDLETON. 

Persons nominated, and duties. 8 vol. 
55S, 559 

Appropriations to be divided between 
the commissioners of Anderson and Pick- 
ens. 6 vol. 559 



COMMISSIONERS OF FISH 
SLUICES. 
One Board only for the rivers Wate- 
ree and Congaree. 6 vol. 569 



108 



COMMISSIONERS. 



Nine instead o f five to constitutea 
Board, charged with jurisdiction from the 
foot of Graves*'s shoals to the mouth of 
Fishing creek, on the Wateree and Ca- 
tawba rivers. Four, at least, shall 
reside below Pickett's Mill. 6 vol. 598 

Their duty. 6 vol. 599 



COMMISSIONERS OF INLAND NA- 
VIGATION. 
Commissioners for clearing, opening 
and rendering navigable, rivers, creeks, 
&c,, to account annually, on oath, to the 
Comptroller, for funds received by them, 
the account to be laid before the Le- 
gislature. 5 vol. 535, 555, 587, 611,631, 
657,685, 798 



COMMISSIONER OF LOCATIONS. 

To be appointed in each Circuit Court 
district. 4 vol. 590 

His duty. 4 vol. 590 

To be appointed in the same manner as 
Surveyor General, and to give security. 
6 vol. 590 

Oath. 4 vol. 591 

Warrants not paid for within 3 months, 
declared null and void, and the lands 
granted to others. 4 vol. 592 

Office of Commissioner to be kept in 
the centre of the district. 4 vol. 593 

For Georgetown, to give bond in the 
sum of five hundred dollars, and one good 
surety in the sum of two hundred and fifty 
dollars. 5 vol. 348 

Such person to be appointed by the 
Governor as is recommended by a majori- 
ty of the Delegation from his District. 5 
vol. 398 

If the members fail to recommend any 
one, the Governor may commission any 
one he thinks fit. 5 vol. 398 

Hereafter to give bond only for one 
thousand dollars, with two sureties in five 
hundred dollars each. 5 vol. 618 

To hold their offices for four years, and 
until another is elected. 5 vol. 674 

To be elected by the people. G vol. 
12. 

Voters the same as those who vote for 
members of the Legislature. 6 vol. 12 

How such elections shall be advertised, 
and the time, place and managers for 
holding them. 6 vol. 12 

Managers to meet, count over the votes 



and declare the election of the person 
having the greatest number of votes, and 
certify the same to the Governor, (unless 
the election is contested, as hereafter di- 
rected,^ who shall commission such per. 
son, upon his complying with the requi- 
sites of the law. 6 vol. 12 

How to proceed in cases of contested 
elections. 6 vol. 12. 

All laws regulating the election of 
members of the Legislature, shall apply 
in these elections. 6 vol. 13 

Commissioners of Location hereafter 
elected shall enter on the duties of their 
office on the 2d Monday in February 
next ensuing their election. 6 vol. 13 

No Commissioner thus elected shall be 
commissioned until he has given bond 
and security, as by law he is now bound 
to do. 6 vol. 13 

His commission to be for the term of 
four years, to be computed from the 2nd 
Monday in February, in the year in which 
ho shall be so elected. 6 vol. 13 

To hold his office for four years, and 
until a successor is elected, commissioned 
and enters upon the duties of his office. 6 
vol. 120 

Clerk of the Court of Fairfield district, 
to be Commissioner of Locations for that 
district, ex-officio. 6 vol. 120 



COMMISSIONERS OF NAVAL AF- 
FAIRS. 

See Natty Commissioners. 

A board of naval commissioners ap- 
pointed, (1776.) 4 vol. 353 

Their oath. 4 vol. 353 

Clerk appointed. 4 vol. 353 

Powers and duties of commissioners, 
4 vol. 353 

Duties of board of commissioners. To 
audit all accounts, nominate officers, &;c. 
and regulate matters appertaining to the 
navy. 4 vol. 354 

Commissioners dying, &c. (Expired.) 
4 vol. 354 



COMMISSIONERS OF PENDLETON 
COUNTY COURT. 
Released from all responsibility, upon 
assigning over all debts due to them, and 
paying over funds to commissioners ap- 
pointed for the purpose of establishing a 
Circulating Library. 5 vol. 578 



COMMISSIONERS. 



109 



COMMISSIONERS OF THE POOR. 

See Lunatic Asylum. 

Appointed. 2 vol. 116 

Who shall distribute effects that come 
into their hands, and bind out poor chil- 
dren. 2 vol. 116 

Receiver-general to pay over ten pounds 
yearly. 2 vol. 116 

Commissioners to keep fair accounts. 
2 vol. 117 

Repealed. 2 vol. 117 

Appointed. 2 vol. 135 

Case of commissioners going away. 2 
vol. 135 

May associate with other freeholders. 
2 vol. 136 

Pauper seamen. 2 vol. 136 

Repealed. 2 vol. 136 

See additional Act, (1758.) 2 vol. 
136 

Managers of elections for the Legisla- 
ture, to open at the same time a poll for 
the election of five commissioners of the 
poor. All who vote for members to vote 
for commissioners. 5 vol. 175 

Commissioners to have the oversight of 
education and relief of the poor in said 
election district, to demand and receive 
all gifts and legacies, all fines and for- 
feitures, or any other thing given to the 
use of the poor, and to maintain suits for 
the same. 5 vol. 175 

Once every year, if necessary, the 
commissioners shall assess, equally, the 
estates, real and personal, of every in- 
habitant, owner or occupier, and may is- 
sue warrants against such as refuse to 
pay, which shall be executed in the same 
manner as tax warrants. 5 vol. 176 

Commissioners may bind out poor chil- 
dren as apprentices. 5 vol. 176 

Penalty on commissioners refusing to 
serve. 5 vol. 176 

To assess and collect taxes to pay de- 
mands incurred before their appointment. 
5 vol. 287 

Commissioners to be chosen in Edge- 
field. 5 vol. 288 

To account annually to the commis- 
sioners of roads, who shall publish the 
account. 5 vol. 557 

To account to the clerk of the court, 
and not to commissioners of roads. 5 vol. 
688, 631, 657, 686, 708 

Former Act repealed. 5 vol. 58S 
Not to pay forfeiture, provided they 



have made their returns at any subse- 
quent time in each year. 5 vol. 659 

Commissioners of the poor of Charles- 
ton to account annually to the Town 
Council. 5 vol. 658 

At their next general meeting, to elect 
some one their treasurer, who shall enter 
into bond and sureties, and the bond de- 
posited in the treasury of their division. 
6 vol. 109 

Their treasurers to return to the clerk 
of the court of their district, an account 
of all monies due the commissioners to 
whom they are treasurers, and of the re- 
ceipts and expenditures, as the commis- 
sioners themselves are now by law re- 
quired to do ; and for neglecting, shall 
be liable to the same penalties. 6 vol. 
109 

Compensation to treasurer — two and a 
half per cent on all sums received, and 
the same on all sums paid away. 6 vol. 
109 

In making their annnal returns to the 
comptroller, to send duplicates. 6 vol. 
139 

For Pendleton, empowered, out of the 
monies collected for the poor tax of that 
district, to purchase land, not exceeding 
400 acres, and to build thereon huts and 
houses for the poor of the district. 6 
vol. 159 

To appoint an overseer of the said 
poor — to prescribe his duties and com- 
pensation. 6 vol. 159 

The commissioners for Pendleton also 
to have the power to purchase provisions 
and clothing for their poor. 6 vol. 159 

Shall have power to impose on such of 
the poor as are relieved by the poor tax 
of the district, such reasonable labour as 
they may judge proper and necessary to 
be performed, towards their support. 6 
vol. 160 

Commissioners to make an annual re- 
turn, on oath, to the comptroller, to be 
by him submitted to the Legislature, of 
the amount of monies received, and man- 
ner of its expenditure, together with the 
number and names of the persons reliev- 
ed and supported. 6 vol. 160 

To make an annual appropriation to 
such of the poor as the commissioners 
may board out with their relations or 
friends. 6 vol. 160 

The comraissioners of the poor for 



110 



COMMISSIONERS. 



Kershaw, Lancaster and Georgetown, 
are authorized to build a poor house or 
houses, for the poor of their several dis- 
tricts, and to support them therein ; and 
to make such other and further provision 
for their comfortable and economical sup- 
port and maintenance, as they, in their 
discretion, shall see fit, 6 vol. 160 

To sue tax collector for 5 per cent per 
month, who does not pay over the poor 
tax in 5 days after the first Monday in 
July, if called upon for it by the proper 
person, and allowed treble costs. 6 vol. 
198 

Authorized with the poor tax to buy 
lands, and to build houses for the accom- 
modation of the poor. 6 vol. 241 

But the tax any one year not to be 
more than 37j cents per cent on the gen- 
eral tax. 6 vol. 241 

Commissioners of such district to ap- 
point a superintendant or superintendants 
of the poor, to continue in office at their 
pleasure, who shall prescribe to him his 
duties and salary. 6 vol. 241 

They may buy provisions and clothing, 
and may impose upon such of the poor as 
are relieved by them, such reasonable la- 
bour as they may judge proper and neces^ 
sary towards their own support. 6 vol. 
241 

May, according to circumstances and 
their sound discretion, board out certain 
poor with their relations and friends, and 
appropriate money to pay the same. 6 
vol. 241 

To make an annual return, on oath, 
to the comptroller, to be by him submit- 
ted to the Legislature, of the amount of 
monies received, and of the amount and 
manner of its expenditure, with the num- 
ber and names of the persons thus re- 
lieved and supported. 6 vol. 242 

Commissioners to have the full power 
to adopt all necessary rules and regula- 
tions to carry these provisions into com- 
plete effect. 6 vol. 242 

No execution shall be issued by the 
commissioners of the poor for poor tax, 
without first giving notice to all those 
who may be liable to pay the same, who 
make their returns in any other district 
than that in which the tax may be assess- 
ed. 6 vol. 282 

Escheated property in Abbeville vested 



in the commissioners of tlie poor for Afr./ 
bevijle. 6 vol. 247 

The boards of commissioners of the' 
poor vested with all the powers and au- 
thority within their parishes and districts, 
which have heretofore been legally exer- 
cised by the vestries and church-wardens 
and overseers of the poor, so far as the 
same relates to the government and re- 
moval of the poor in and from their res- 
pective parishes and districts. 6 vol. 284 

In case of default in any tax collector to 
pay over the poor taxes collected by him, 
on or before the 1st July, every year, the 
commissioners of the poor may issue an 
execution against him for the amount due 
by him, with interest, at 5 per cent per 
month, from the time he should have 
paid the same. 6 vol. 376 

On Charleston Neck, authorized to 
purchase a lot and erect a poor house. 6- 
vol. 391 

The commissioners- the poor shall 
have power to bind out > service illegiti- 
mate children, and children of paupers,^ 
in all cases where such children are like- 
ly to become chargeable to the district^ 
or are likely to be demoralized by the 
vicious conduct and evil example of their 
mothers, or other persons having the 
charge of them; and it shall be the duty 
of the commissioners of the poor in each 
and every district of this State, upon in- 
formation made to them that any illegiti- 
mate child, above the age of five years, 
is likely to become chargeable to the dis- 
trict, or from the vicious conduct and 
evil example of the mother of the said 
child, or other person having it in charge,^ 
is likely to become demoralized and 
brought up in vice and idleness, to cause 
such child to be bound to service, in 
charge of some person of good charac- 
ter ; a female child, until she attains the 
age of sixteen years, and a male child, 
until he attains the age of seventeen. & 
vol. 410 

The monies remaining due on any re- 
cognizance, given under the Act of seven- 
teen hundred and ninety-five, for the 
maintainance of any illegitimate child, 
at the time such child shall be bound to 
service, shall be paid into the hands of 
the commissioners of the poor, for the 
benefit of such illegitimate child so bound 



COMMISSIONERS. 



Ill 



to service by virtue of this A,ct. 6 vol. 
411 

Whenever the amount which any per- 
son shall receive sentence to pay, on a 
conviction of bastardy, cannot be raised 
by binding him out to service, as now 
provided by law, ix fieri facias shall issue 
against his property, and on the same be- 
ing returned 7ivlla bona, a ca. sa. shall 
issue against him, as in ordinary convic- 
tions in the Court of Sessions. 6 vol. 
.411 

The aforesaid Act {at page 410,) so 
amended, that a female child shall be 
bound to service, according to the pro- 
visions of said Act, until she attains the 
age of eighteen years, or marries, and a 
male child until he attains the age of 
twenty-one years. 6 vol. 432 

Upon information, as provided, it shall 
be lawful for any one of the commission- 
ers of the poor to issue his warrant, di- 
rected to any sheriff or constable, com- 
manding him to bring any such child be- 
fore the board at the first meeting there- 
after ; and the said officers are required 
to execute such warrant, and shall receive 
therefor the same compensation as for ar- 
rests, to be defrayed by the board of com. 
missioners aforesaid. 6 vol. 433 

The commissioners of the poor, in 
each and every district, and all persons 
and bodies corporate having charge of 
pauper idiots, lunatics and epileptics, res- 
ident in the several districts and parishes, 
required to send them to the Lunatic 
Asylum, and to support there such idiot, 
lunatic or epileptic, at the expense of the 
city, town, parish or district, chargeable 
with the support of such paupers ; and 
for the support of each pauper lunatic, 
idiot, or epileptic, now in the Asylum, or 
hereafter to be sent, there shall be paid 
to the Regents of the Asylum the sum 
.of $100 per annum, in lieu of the sum 
heretofore payable. 6 vol. 437 

Transient pauper lanatics, idiots or 
epileptics, sent to the Asylum by virtue 
of the existing laws, shall be supported 
at the public expense; and the Regents 
authorized to draw from the treasury, 
for the support of every such transient 
pauper lunatic, idiot or epileptic, at the 
rate of $100 per annum, until the Re- 
gents shall have ascertained his or her 
permanent domicil, when the district to 



which he or she may belong shall be 
charged with such support; provided, 
nevertheless, that the commissioners of 
the poor of the district so adjudged by 
the Regents to be chargeable, be author, 
ized to appeal from such decision to the 
next court of sessions to be held for the 
said district, by which court the liability 
of the district for the support of such 
pauper shall be tried ; and the Solicitor 
of the circuit is required, upon such ap. 
peal, to defend the interests of the State ; 
provided, that the treasury in no instance 
shall be liable to pay for the maintainance 
of paupers, other than such as are citi- 
zens of the State. 6 vol. 437 

Commissioners for Salem, to be elect- 
ed. 9 vol. 454 I. . 



COMMISSIONERS OF PUBLIC 

ACCOUNTS. 
To surrender certain bonds from the 
treasury, in place of the Governor. 7 
vol. 275 



COMMISSIONERS OF PUBLIC 
BUILDINGS. 

See Commissio?icrs of Court Houses. 

Of the different districts, to account 
annually to the Comptroller, on oath, for 
monies received by them, and to be laid 
before the Legislature by him. 5 vol. 
535, 555, 587, 611, 631, 657, 685, 708 

Money appropriated for public build- 
ings, to be drawn by the district commis- 
sioners, or a majority of them. 6 vol. 
233 

Commissioners throughout the State, 
where there is any building to be erected, 
shall advertise, in one of the papers, for 
sealed proposals, at least six weeks before 
the day of letting the building, and must 
take the lowest proposal that can give 
good and sufficient security, according to 
their contract. 6 vol. 254 

Neither they nor the Superintendant, 
nor any other commissioners or agents 
of the State, shall enter into or make 
any contract for the performance of any 
work or service authorized by the Legis- 
lature, to bind the State for a greater 
sum than that appropriated for the speci- 
fie purpose ; and if made, shall be null 
and void as to the State, but the com- 
missioners shall be answerable to the 
party. 6 vol. 258, 259 



112 



COMMISSIONERS. 



No appropriation to be drawn from the 
treasury until the contract entered into 
by the commissioners shall have been 
lodged in the treasury office at which it 
is payable. 6 vol. 259 

The commissioners shall not draw, un- 
less the contract is intended to carry into 
complete execution all the objects of the 
appropriation; which objects shall be em- 
braced by the terms of the contract. 6 
vol. 259 

Of Charleston, authorized to rent such 
rooms in the fire-proof building as are 
not wanted for public purposes, on certain 
conditions. 6 vol. 379 

For Kershaw, authorized to sell the old 
court-house, reserving the foundation 
stones, &;c. for the new. 6 vol. 282 



COMM'RS. OF ROADS, BRIDGES, 
FERRIES, AND WATER-COURSES. 

See Inland Navigation. 

For special duty of commissioners on 
certain roads and bridges, see such roads 
and hridges under their heads. 

Road from Ashley ferry to Stono bridge, 
to be under the same commissioners as 
high road from Hooper's bridge. 3 vol. 
222 

H. Toomer and Th. Elliott, added to 
the commissioners. 3 vol. 222 

Ashley ferry causeway. 3 vol. 222. 

The two joining sets of commissioners 
to agree in surveying any new road be- 
tween the divisions. 3 vol. 223 

Commissioners to pay for bridges built 
and to be built, pursuant to this or any 
former law. 3 vol. 223 

Male inhabitants, in their divisions, to 
be assessed for building bridges, &;c. 3 
vol. 224 

Present commissioners to issue out war- 
rants and collect arrears. 3 vol. 224 

All inhabitants to give an account of 
their taxable slaves, upon oath. 3 vol. 224 

Commissioners impowered to hire slaves 
and to agree with any person to make or 
mend roads or bridges, and to assess the 
same on inhabitants. 3 vol. 224. 

Duty of commissioners of roads and 
watercourses, defined. Penalties for neg- 
lect, &c. 4 vol. 475 

Allowed to license billiard tables. 5 vol. 
207 

The sole right of granting licences to 
retailers, tavern keepers, and keepers of 



billiard tables, vested in them of each 
district. 5 vol. 399 

To hear and grant applications only at 
stated meetings and for one year. 5 vol. 
399 

Every retailer to whom license may be 
granted, shall give bond and security, to 
the chairman, or person authorized by the 
board, before receiving such license. 5 
vol. 400 

Money for licenses to be laid out in re- 
pairing roads. 5 vol. 400 

License for retailers or tavern keepers, 
$8, and $2 for fees. 5 vol. 400 

Penalty for retailing or keeping tavern 
without license, $100. $50 for license 
for billiard table, and $300 penalty if no 
license ; half to informer, the other to 
commissioners of roads. 5 vol. 400 

How to be applied. 5 vol. 400 

This Act not to impair rights of corpo- 
rations. 5 vol. 400 

This Act not to apply to persons retail- 
ing not less than one quart, distilled on 
his own plantation, of the growth of this 
State, and to be exported. 5 vol. 401 

Shall publish every year the account 
made to them by the commissioners of 
the poor. 5 vol. 557 

To account annually to clerk of the 
court. 5 vol, 588, 631, '657, 686, 708 

Not to pay forfeiture, provided they 
have made returns at any subsequent time 
in each year. 5 vol. 659 

Commissioners for clearing, opening 
and rendering navigable, rivers, creeks, 
&c., to account annually, on oath, to the 
comptroller, for funds received by them, 
the account to be laid before the Legis- 
lature. 5 vol. 535, 555, 587, 611, 631, 
657, 685, 708. 

At their next general meeting, to elect 
some one their treasurer, who shall enter 
into bond and sureties, and the bond to be 
deposited in the treasury. 6 vol. 109 

The treasurers to return to the clerk 
of the court of their district, an account 
of all monies due the commissioners to 
whom they are treasurers, and of their 
receipts and expenditures, as the commis- 
sioners are now by law required to* do; 
and for neglect, shall be liable to the same 
penalties. 6 vol. 109 

Compensation — two and a half per 
cent on all monies received, and the same 
on all paid out. 6 vol. 109 



COMMISSIONERS. 



113 



In making their annual returns to the 
Comptroller, to send duplicates. 6 vol. 139 

To sue tax collector for five per cent 
per month, who does not pay over the 
road tax in 5 days after the first Monday 
in July, if applied to for it by the p-oper 
persons, and allowed treble costs. 6 vol. 
198 

Superintendant of public works, toll 
collectors and toll keepers on canals, ex- 
empted from working on roads. 6 vol. 381 

Copy of the road laws to be furnished 
each board of commissioners in the State. 
6 vol. 426 

It shall not be lawful for any corporate 
body, or the commissioners of the roads, 
in their respective limits, to grant any 
license to retail spirituous liquors, unless 
the applicant for such license shall first 
enter into recognizance with two substan- 
tial freeholders, who are residents of the 
district, as sureties, in the penalty of one 
thousand dollars, and conditioned for the 
observance of all laws in force in regard 
to retailing spirituous liquors; and the 
recognizance so given shall be liable to be 
estreated for all fines imposed by the 
court, for any violation of said laws, of 
wh'ch the party shall be convicted by in- 
dictment. 6 vol. 528 

On Charleston Neck, to regulate the 
assize of bread, and weights and mea- 
sures, so far as is consistent with the laws 
of Congress. 6 vol. 9.5. 

May assess twenty five per cent on the 
general tax, to keep in repair roads and 
streets, and for such purposes as the ma- 
jority may deem necessary to promote the 
health, safety and good government of 
the inhabitants. 6 vol. 95 

Authorized to light lamps on such parts 
of King-street as lies within their juris- 
diction. 6 vol. 391 

To call the clerks and sheriffs of the 
late county courts to account for all funds 
in their hands belonging to the county. 7 
vol. 296 

Authorized to grant licences to keep 
taverns and retail spirituous liquors, and 
to keep billiard tables. 7 vol. 299 

Comm'rs. for opening rivers, creeks 
and drains, vested vvith power to assess 
certain inhabitants for certain works. 7 
vol. 500 

Commissioners for Pickens, appointed. 
8 vol. 558 

VOL. X— 15. 



How commissioners to lay out new 
roads at the request of individuals. 9 
vol.! 

Governor to fill vacancies among com- 
missioners of roads. 9 vol. 8 

Commissioners may go through any 
lands, make use of any timber, brush or 
earth. 9 vol. 16 

May compound. 9 vol. 16 

Commissioners of highways for all 
parts of the Colony, to be appointed. 9 
vol. 26 

All commissioners may either follow 
the method prescribed by the several Acts 
for making highways, or agree with any 
person in the several parts, to make or re- 
pair roads by contract, and assess the in- 
habitants within their bounds for payment. 
9 vol. 28 

Power of assessment. 9 vol. 28 

Constables to execute warrant of com- 
missioners. 9 vol. 28 

Repealed, 1721. 

Power of commissioners at Stono and 
Wadmalaw. 9 vol. 29, 31 

Commissioners appointed for all parts 
of the Slate. 9 vol. 50 

Power over high roads, private paths, 
bridges, causeys, creeks, passages and 
water courses, laid out, or to be laid out. 
9 vol. 49 

How to make roads and bridges. 9 
vol. 54 

Bridges between two parishes. 9 vol. 54 

Penalty for neglect of summons. 9 
vol. 54 

Overseers, power and duty. 9 vol. 55 

Penalty on commissioners Tor neglect, 
and penalty for opposing them. 9 vol. 56 

When to meet. 9 vol. 56 

In case of neglect of commissioners. 9 
vol. 57 

All former laws repealed. 9 vol. 57 

Commissioners for Waccamaw Neck. 
9 vol. 87 

For Saint John's parish, 9 vol. 127 

For road from Dandridge's to Parker's 
ferry. 9 vol. 127 

Diflerence between public roads and 
private paths; and boards of commission- 
ers of each parish to determine their char- 
act(n-, and who are to work on them. 9 
vol. 129 

Commissioners may resign after having 
served three years. 9 vol. 129 

Commissioners to have work done on 



114 



COMMISSIONERS. 



roads, bridges and water passages, annu- 
ally ; and five conuiusaioners to be a quo- 
rum for all purposes. 9 vol. 130 

Forfeitures, how to be recovered and 
applied. 9 vol. 131 

This Act continued for three years. 9 
vol. 131 

Revived and continued for ten years. 9 
vol. 133 

Commissioners appointed in the upper 
settlements on Peedee, Waccamaw and 
Black rivers, and the country divided into 
five road districts. 9 vol. 144 

Power of commissioners ; and when 
board to meet. 9 vol. 145 

May establish ferries. 9 vol. 145 

Continued for seven years. 9 vol. 147 

Commissioners for Edisto Island. 9 
vol. 168 

In Camden district. 9 vol. 254 

Boards of commissioners throughout 
the State, may parcel out the roads in 
allotments. 9 vol. 261 

Commissioners, how to be elected. 9 
vol. 274 

People failing to elect commissioners, 
the Governor to appoint. 9 vol. 289 

No commission necessary on their elec 
tion. 9 vol. 289 

Commissioners, how to be elected (1785) 
9 vol. 292 

Governor to fill vacancies, 9 vol. 292 

Penalty for neglect. 9 vol. 292 

Powers and duties of commissioners. 9 
vol. 293 

Inhabitants to be summoned. 9 vol. 293 

Commissioners may use timber, earth 
and stone, for roads, bridges, &c. 9 
vol. 293 

Penalty for hindering or obstructing the 
commissioners. 9 vol. 293 

Commissioners may contract for build- 
ing bridges, fix the toll, lease the same, 
and assess the inhabitants to pay the 
same. 9 vol. 294 

Powers given to the commissioners of 
roads, by Act of 1785, vested in magis- 
trates of the county courts. 9 vol. 301 

Power to erect toll houses, build bridg- 
es, and lease them, fixing the toll, repeal- 
ed. 9 vol. 301 

Penalty on demanding toll at a bridge 
built by the commissioners. 9 vol. 301 

Fines for prosecuting the commission- 
ers for neglect, to go one half to the pro- 
secutor, and the other to the acting com- 



missioners of the district where the de- 
faulter resides. 9 vol. 302 

Commissioners, how to be elected in 
each parish and district. 9 vol. 307 

In case of failure to elect. 9 vol. 308 

Penalty for refusing to act ; vacancies ; 
commissioners liable to serve three years ; 
powers of commissioners. 9 vol. 309 

May lay out all roads established by 
law ; may divide the road among the 
commissioners. 9 vol. 309 

Who to work on roads, and power of 
commissioners over them ; may call in- 
habitants to return, on oath, all male 
slaves from sixteen to fifty years ; may 
administer oath ; may assess slaves not 
returned ; to summon those liable to work, 
giving six days notice, &c. 9 vol. 309 

Penalty for disobedience in attending. 
9 vol. 309 

How recovered. 9 vol. 309 

Persons not to work more than twelve 
days in the year. 9 vol. 310 

Women may be taken in place of house 
servants. 9 vol. 310 

May appoint persons to summon and 
levy executions. 9 vol. 310 

Penalty for refusing to serve. 9 vol. 
310 

May appoint overseers ; their authority 
and duties. 9 vol. 310 

Penalty for refusing to act. 9 vol. 310 

Commissioners may use timber, earth, 
stone, &c., in neighborhood of roads. 9 
vol. 310 

Penalty for opposing them. 9 vol. 310 

Penalty for obstructing the roads. 9 
vol. 310 

To preserve shade trees near the road. 
9 vol. 312 

To cause rates of toll to be posted on 
roads at bridges and ferries. 9 vol. 312 

All powers of, vested in magistrates of 
county courts in their several counties, 
subject to all liabilities. 9 vol. 312 

Of Saint Helena, when to meet. 9 
vol. 324 

Commissioners to grant licenses for 
taverns and billiard tables, in parishes and 
districts where there are no county courts, 
(city of Charleston excepted,) and the 
monies applied to repair roads and bridg- 
es. 9 vol. 326 

Countv courts to appoint commission- 
ers. 9 vol. 333, 334 

Where no county courts, the people to 



COMMISSIONERS. 



US' 



elect commissioners. 9 vol. 334 

Their powers. 9 vol. 334 

Powers of Commissioners of Prince 
George Winyaw. 9 vol. 348 

For Claremont and Clarendon. 9 vol. 
366 

For Lexington. 9 vol. 356 

Penalty for refusing to act. 9 vol. 368 

Persons neglecting to return their slaves, 
to be assessed, not exceeding four dollars 
for each male slave not returned. 9 vol. 
368 

Penalty on persons refusing to act when 
appointed to summon others to work, or to 
levy execution on defaulters. 9 vol. 368 

Penalty for not acting as an overseer 
when a|)pointed. 9 vol. 368 

How penalties recovered. 9 vol. 368 

How disposed of. 9 vol. 368 

Power of commissioners. 9 vol. 372 

Commissioners in Clarendon. 9 vol.378 

How distance persons are to work on 
roads, to be calculated. 9 vol. 379 

No persons to be allowed to alter or di- 
vert the course of any part of a high 
road, and if done, the Solicitor to have 
him indicted. 9 vol. 379 

The commissioners having power to 
grant new roads, no petition to be receiv- 
ed by the Legislature for establishing any 
new road, unless application be first made 
to the commissioners, unless the road is 
to extend through more parishes or coun- 
ties than one. 9 vol. 379 

Commissioners from Orangeburgh to 
Granby. 9 vol. 381 

Commissioners for sundry counties, 
their powers, &c. 9 vol. 392 

Only one board in each county or 
parish, which shall convene twice a year. 
9 vol. 401 

Commissioners for Williamsbugh, when 
to meet. 9 vol. 401 

In Barnwell. 9 vol. 404 

Three boards in Pendleton and Edge- 
field. 9 vol. 406 

Commissioners for Darlington, Sumter, 
Barnwell and Orange. 9 vol. 407 

In Marion. 9 vol. 410 

Of Prince George Winyaw, to meet 
twice a year. 9 vol. 412 

Two boards for Saint Peter's. 9 vol. 
414 

Two boards for Kingston. 9 vol. 416 

Commissioners on west side of Peedee. 
9 vol. 416 



Saint George's to have two boards. 9 
vol. 420 

The sherifTs of the State to execute all 
summons, warrants or other processes of 
the boards of commissioners, and to col- 
lect monies due them. 9 vol. 426 

Appointed for Darlington. 9 vol. 431 

For Waccamaw and Peedee. 9 vol. 
432 

Commissioners of Saint James Goose 
Creek, where to meet. 9 vol. 436. 

Of Barnwell district. 9 vol. 438 

For Saint George's parish, divided into 
two boards. 9 vol. 439 

Notice to be given to the commission- 
ers of all applications to the Legislature 
for new roads, bridges or ferries. 9 vol.- 
443 

For Salem. 9 vol. 464 

Two boards for Saint Bartholomew's. 
9 vol. 448 

Where there are two boards in a dis- 
trict, each board may grant tavern licen- 
ses. 9 vol. 453 

Of each district, allowed to lay out, 
open and keep in repair, such new or 
other roads as appear absolutely necessa- 
ry for public and general convenience. 9 
vol. 458 

Board for Saint Philip's. 9 vol. 460 

For cross roads, Charleston Neck. 9 
vol. 465 

Elections for, in Christ Church, and 
commissioners for Clarendon. 9' vol. 469 

Commissioners for St. Paul's, where to 
meet. 9 vol. 470 

Two boards for Richland. 9 vol. 477 

Of Prince William's, when to meet. 9 
vol. 478 

All assessments made by commission- 
ers for building or repairing of bridges,^ 
causeys or roads, to be assessed on the 
principles of the general tax. 9 vol. 478 

When to meet for St. Luke's. 9 vol. 
478. 

Two boards for Clarendon. 9 vol. 481 

Bartholomevi^'s and Marlborough, when 
to meet. 9 vol. 482 

For Richland. 9 vol. 483 

Board for Chesterfield vacated, and 
new elections to be made. 9 vol. 483, 
484. 

When board of St. Thomas and St. 

Dennis to meet. 9 vol. 484 

Number of Commissioners for St. 



116 



COMMISSIONERS. 



John's Berkley, and when to meet. 9 vol. 

484. 

When to meet for St. James Santee, 
and two boards for Greenville, and when 
to meet. 9 vol. 487, 488 

New commissioners may be appointed 
for St. Paul's. 9 vol. 488 

Commissioners for Pendleton. 9 vol. 491 

Power to open new roads, repealed, if 
objected to by the party, and no new 
road to be granted by the Legislature, 
unless approved of by the commissioners, 
and three months notice given. 9 vol. 
492, 501 

The boards for the several districts and 
parishes, shall have power, on hearing 
any application, to grant or reject licenses 
to retail liquors, as to them shall seem 
meet. 9 vol. 492 

Price of licence and fee to the clerk. 9 
vol. 492 

All new roads opened by the Legisla- 
ture, fall under their jurisdiction. 9 vol. 
492. 

Of St. Paul's, when to meet. 9 vol. 492 

When to meet in St. John's Colleton. 
9 vol. 494 

Commissioners appointed to superin- 
tend causeway and bridge over Wassa- 
massaw. 9 vol. 496 

For St. John's Colleton, when to meet ; 
for St. Paul's when to meet. 9 vol. 498 

Dividing line between the two boards 
in Clarendon. 9 vol. 500, 502 

Board of St. Peter's parish, when to 
meet. 9 vol. 501 

Commissioners of the several parishes 
to determine who shall work on roads. 9 
vol. 503 

Twelve commissioners to form a quorum 
in St. Paul's parish. 9 vol. 503 

Four boards in Abbeville. 9 vol. 503 

Said boards to meet annually at Abbe- 
ville C. H. 9 vol. 504 

Commissioners throughout the State, 
to keep in repair such bridges as they shall 
deem fit, although such may exceed sixty 
feet in length. 9 vol. 504 

Fine on overseers of roads, for neglect 
of duty. 504. 

Two additional commissioners in Union. 
9 vol. 505 

Commissioners for Barnwell. 9 vol. 
507. 



Penalty for neglect of commissioners 
to meet and form a l^oard. 9 vol. 508 

Of St. James Goose Creek, when to- 
meet. 9 vol. 510 

For St. George Dorchester. 9 vol. 510* 

Two boards for St. Peter's, when and 
where to meet. 9 vol. 511 

Division of duties. 9 vol. 512 

Commissioners for Pendleton. 9 voL 
511. 

For Williamsburgh. 9 vol.514 

To enquire into the acts of their prede- 
cessors. 9 vol. 514 

For St. Luke's, when to meet. 9 vol. 
515. 

Cases where commissioners or any one 
commissioner, may summon hands on 
short notice, to repair bridges or remove 
obstructions. 9 vol. 515 

Commissioners for Abbeville. 9 vol, 
.515. 

How bridges to be contracted for in 
Abbeville. 9 vol. 515 

Any board not meeting for a year, to 
be considered as dissolved. 9 vol. 515 

Fines for default of duty, how applied. 
9 vol. 515 

Two boards for Greenville. 9 vol. 518 
506. 

Six boards in Edgefield, and their pow- 
ers. 9 vol. 518 

When to meet. 9 vol. 519 

Commissioners of Greenville to carry 
into etfect a contract made concerning 
State road. 9 vol. 520 

Commissioners for 42d regiment, Pen- 
dleton. 9 vol. 520 

Of St. Luke's, when to meet. 9 vol. 
522. 

Two boards in Fairfield ; who appoin- 
ted. 9 vol. 522 

Road tax of Abbeville to be divided be- 
tween the four boards. 9 vol. 523 

Said boards to build and repair bridges. 
9 vol. 524 

Commissioners to give 3 days notice to 
hands to work. 9 vol. 524 

Black river board of commissioners. 9 
vol. .^24 

Board for Prince William's. 9 vol. 525 

For St. Mathew's, when to meet. 9 
vol. 527 

For Prince George Winyaw. 9 vol. 
.527. 

Two boards f jr St. John's Berkley. 9 
vol. 528 



COMMISSIONERS. 



117 



Two boards for Chester, and when to 
meet. 9 vol. 529 

Two boards for Barnwell, and where to 
meet. 9 vol. 529, 530 

Two boards for Richland. 9 vol. 530 

For Richland, when to meet. 9 vol. 
532 

For Chesterfield. 9 vol. 534 

For Williamsburg. 9 vol. 535 

For Kershaw. 9 vol. 535 

Division of road to be assigned to each 
commissioner severally. 9 vol. 535 

Commissioners to appoint warners and 
overseers. 9 vol. 535 

Penalty for refusing to act as commis- 
sioner. 9 vol. 536 

For Salem, when to meet. 9 vol. 536 

Commissioners appointed to report a 
site for new road from Mickle's ferry to 
Miller^s, on Lancaster and Camden road. 
9 vol. 541 

Board for Clarendon. 9 vol. 542 

For Chesterfield. 9 vol. 542 

For All Saints. 9 vol. 543 

Two boards of Fairfield to form one. 9 
vol. 543 

For Kershaw. 9 vol. 544 

Three commissioners to be appointed 
for division of road appertaining to each 
toll gate. 9 vol. 546 

Two boards for St. Luke's. 9 vol. 552 

Funds of present board divided, 9 vol. 
552. 

Additional commissioners. 9 vol. 552 

For Prince George Winyaw. 9 vol. 
555. 

Additional commissioners for All Saints. 
9 vol. 556 

Board for Sumter, when to meet. 9 vol. 
556 

Additional commissioners for Clare- 
mont. 9 vol. 556 

For Lynches causeway. 9 vol. 557 

To report to Legislature. 9 vol. 557 

Compensation. 9 vol. 558 

Act to reduce all previous Acts con- 
cerning commissioners, into one Act. 9 
vol. 558 

Not to include Sumter. 9 vol. 583 

Present commissioners continued. 9 
vol. 558 

To meet twice a year. 9 vol. 558 

May change time and place of meeting. 
9 vol. 558 

To lay out roads and keep them in re- 
pair. 9 vol. 559 



Vacancies, how filled. 9 vol. 559 

Commissioners to serve three years. 9 
vol. 559 

Fine for refusing to serve. 9 vol. 55^ 

Who liable to work on roads. 9 vol. 
559 

Who exempt. 9 vol. 560 

Road districts to be divided. 9 vol. 
560. 

Fine for not making returns. 9 voU 
560. 

Two days notice to be given to hands. 
9 vol.560 

Warners appointed, and their duty. 9 
vol. 560 

Working tools, provided. 9 vol. 562 

Timber, &c. may be taken for work. & 
vol. 562 

Assessments may be made to build 
bridges. 9 vol. 562 

How made. 9 vol. 562 

Shepherds exempt from road duty. 9 
vol. 537 

Tax collectors to furnish amounts of 
tax, and mode of assessment. 9 vol. 563, 
576 

Fine for injury done to a road by break- 
ing of a mill-dam. 9 vol. 5(53 

Width of road. 9 vol. 563 

Roads to be numbered and posted, and 
pointers erected. 9 vol. 563 

Tavern and Billiard table licenses to be 
granted. 9 vol. 564 

Funds of board, how applied. 9 vol. 564 

Defaulters, how to be tried. 9 vol. 565, 
570 

Chairman, clerk and treasurer, to be 
appointed. 9 vol. 565, 570 

Warrants and executions to be directed 
to sherifl's. 9 vol. 565, 570 

Board not meeting for one year to be 
dissolved. 9 vol. 566 

Persons of color imprisoned for default. 
9 vol. 566 

Twelve members to form a quorum. 9 
.vol. 566 

All former Acts relating to powers and 
duties of commissioners, repealed. 9 vol. 
566 

Commissioners not authorized to cut 
down trees reserved for shade or orna- 
ment, or rail timber, where that which is 
adequate can be obtained at or near the 
same place, or to take any stone or earth 
from within the grounds of any person. 



118 



COMMISSIONERS. 



enclosed for cultivation, without the con- 
sent of the owner. 9 vol. /"'BS 

Commissioners to elect a treasurer and 
secretary. 9 vol. 570 

Defaulters, how tried, and fines, how 
collected. 9 vol. 570 

Additional commissioners for Barn- 
well. 9 vol. .574 

Two boards in Prince William\s, and 
funds to be divided. 9 vol. 575 

Two boards in St. Paufs. 9 vol. 575 

Boards in St. George Dorchester. 9 
vol. 575 

Mode of assessment altered, and col- 
lection. 9 vol. 576 

Commissioners may appoint their own 
collector. 9 vol. 576 

Number of commissioners in Pendle- 
ton. 9 vol. 576 

For St. George's. 9 vol. 5S0 

Power of commissioners to discontinue 
roads. 9 vol. 587 

For St. George. 9 vol. 587 

Boards authorized to protect themselves 
from interruptions and disturbances and 
other contempts, as justices, and to pun- 
ish as such. 9 vol. 588 

Two boards in Barnwell. 9 vol. 588 

Commissioners for Marion. 9 vol. 589 

Commissioners for 5th and 2d regi- 
ments, in Pendleton. 9 vol. 590 

Offices of Secretary and Treasurer of 
the boards, not to be united in one per- 
son. 9 vol. 593 

Additional commissioners for Lexing- 
ton. 9 vol. 596 

Commissioners in Abbeville. 9 vol. 
600 

Case of absence of a commissioner, 
how work to be done. 9 vol. 604 
■ Number for Marlborough. 9 vol. 605 

Commissioners of Barnwell. 9 vol. 
609 

Black river board. 9 vol. 610 

Back river board. 9 vol. 610 

For Spartanburgh. 9 vol. 614 

Power of commissioners of Edisto and 
Wadmelaw. 9 vol. 614 



COMMISSIONERS TO TAKE BONDS 
FROxM SHERIFFS. 
Likewise to take bonds from the At- 
torney General, Solicitors, Ordinaries, 
Tax Collectors, Clerks of Courts, Regis- 
ter and Commissioner in Equity, and 
transmit them to the Comptroller, who 



shall deposite them in the Treasurer's^ 
office of the Lower or Upper DivisioDr 
according to the residence of the party^ 
5 vol. 675 



COMMISSIONERS TO TAKE THE 
ACKNOWLEDGEMENT OF DEEDS. 

The Governor of this State is author- 
ized to name, appoint and commission a 
commissioner or commissioners, in each 
or such of the other States of the United 
States, or Territories thereof, or in the 
District of Columbia, as he may deem 
expedient, who shall continue in office 
during the pleasure of the Governor, any 
one of whom shall have authority to take 
the acknowledgement 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 record- 
ed in this State ; and such acknowledge- 
ment or proof, taken or made in the man- 
ner directed by the laws of this State, 
and certified by any one of the said com- 
missioners, before whom the same shall 
be taken or made, under his seal, (which 
certificate shall be indorsed on or annex- 
ed to the deed or instrument aforesaid,) 
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 Judge of this State. 6 
vol. 504 

Every commissioner appointed under 
the authority of this Act, shall have full 
power to administer an oath or affirmation 
to any person who shall be willing or de- 
sirous to make such oath or affirmation 
before him ; and such oath or affirmation, 
made before such commissioner, is de- 
clared to be as good and efTectual, to all 
intents and purposes, as if taken by any 
magistrate resident in this State, and 
competent to take or administer the same. 
6 vol. 505 

Every commissioner appointed as afore- 
said, before he shall proceed to perform 
any duty under and by virtue of this 
Act, shall take and subscribe an oath or 
affirmation before a Justice of the Peace 
in the city or county in which such com- 
missioner shall reside, well and faithfully 
to execute and perform all the duties of 
such commissioner, or assistant commis- 



COMPANIES. 



119 



sioner, as the case may be, under and by 
the laws of South Carolina ; which oath 
or affirmation, and the written appoint, 
inent of such assistant commissioner, 
shall be filed in the office of the Secreta- 
ry of this State, who shall give notice of 
such appointment in one or more of the 
Gazettes of tliis State. 6 vol. 505 

The person so appointed commissioner, 
as aforesaid, shall have power and author- 
ity to take and certify renunciations of 
dower and inheritance, on the same terms 
and conditions as Judges and Justices of 
the Quorum are now authorized to do by 
the laws of this State, and such renunci- 
ations, so taken and certified as aforesaid, 
shall as eflectually convey such estates of 
dower and inheritance, as if the same 
had been rendered in this State. 6 vol. 
505 



COMMISSIONERS OF TOBACCO 
INSPECTION. 

In making their annual returns to the 
Comptroller, to send duplicates. 6 vol. 
139 



COMMISSIONERS OF STREETS. 

Board to widen streets in Charleston. 
7 vol. 137 

Owners to be compensated. 7 vol. 137 

Low lots to be drained and filled up. 7 
vol. 137 

Opening Pinckney-street, how paid for. 
7 vol. 137 

Broad-street to be straightened. 7 vol. 
138 

Streets to be hereafter 60 feet wide. 7 
vol. 138 

Authorized to declare in what cases 
the streets, alleys and lanes of Charleston 
shall be widened. 7 vol. 140 

The law declaring no street to be less 
than 60 feet wide, repealed. 7 vol. 140 

Damage, how to be assessed. 7 vol. 141 

Their powers transferred to the City 
Council. 7 vol. 143 



COMMITTEE OF CORRESPON- 
DENCE. 
See Agent, Public. 



COMMITTEES. [DISTRICT AND 

PAROCHIAL.] 
Elected during the Revolution. 4 vol. 
357 



Number of the committee for a quo- 
rum. 4 vol. 358 

Oath to be taken by the committees. 
4 vol. 358 

Vacancies, how to be filled. 4 vol. 
358 



COMMODORE. 
Allowed a share of prizes, (1778.) 4 
vol. 440 

Mode of division of prizes. 4 vol. 441 
Allowed 1-16. 4 vol. 441 



COMMON PLEAS COURT. 
See Courts. Supreme and General 
Court. Circuit Court. 



COMPANIES. 

Whenever the Legislature shall author, 
ize the formation of a company for the 
construction of a turnpike road, bridge, or 
causey, or keeping of a ferry, the com. 
pany, in its formation, organization, and 
subsequent proceedings, shall be subject 
to all the provisions of this Act ; except 
such Act of authorization shall expressly, 
or by necessary implication, exclude the 
application. 6 vol. 302 

The value of each share in the compa- 
ny shall be liIOO, and instalments for a 
greater amount on one share shall not be 
called for, and in sums not exceeding 
$10 on one share, in 60 days; at the 
time of subscribing, $10 a share shall be 
paid. 6 vol. 303 

Where the number of shares is not 
fixed, they shall not be less than 100 nor 
mure than 300. A subscription for 100 
shall be sufficient for organizing the com- 
pany, and then the shares may be in- 
creased to anv number not exceeding 
300. 6 vol. 303 

The Governor shall name 3 or more 
commissioners to receive subscriptions for 
stock, and appoint the times and places 
for subscribing. The time named shall 
be the first day of opening the books, 
and they shall remain open for six suc- 
cessive secular days, from 10 in the 
morning till 4 in the afternoon of each 
day. 6 vol. 303 

During this period, the commissioners 
shall receive all subscriptions for shares 
which may be offered, on which there 
shall be paid $10 for each share. 6 vol, 
303 



120 



COMPANIES. 



At the closing of the books, the com- 
missioners, or a majority, shall declare 
the stock filled, if that be the case ; and 
if more shares are subscribed for than 
are allowed, the commissioners shall re- 
duce them to the authorized number, by 
taking from the highest subscribers until 
all are reduced to equality, as near as 
possible. 6 vol. 303 

If perfect equality cannot be obtained? 
the last reduction producing inequality 
shall be taken from the lower subscribers. 
6 vol. 303 

The deposite on reduced shares imme- 
diately to be returned to subscribers, and 
the deposite on all shares not reduced, 
and which form the stock of the compa- 
ny, shall be immediately paid into the 
Bank of the State, or one of the branch- 
es, to the credit of the company. 6 vol. 
303 

Where the shares are not all taken, 
commissioners to return all deposites de- 
manded, in one month, and at the end of 
that time shall pay the rest into the said 
Bank, or one of the branches, to the cre- 
dit of the company, in case it shall be 
organized, and if not, to be passed to the 
credit of the subscribers who have paid 
the same ; and thereupon, the commis- 
sioners shall deliver the books of subscrip- 
tion to the Cashier of the said Bank or 
branch in which the deposite is made, 
who shall receive private subscriptions 
for shares, with payment of $10 on each, 
until the whole stock required to organ- 
ize the company is taken, when he shall 
dose the books. 6 vol. 303 

Provided, the books shall in no case be 
kept open by him after the first day of 
the next constitutional meeting of the 
Legislature ; on which day, the Act of 
authorization shall expire, unless all the 
shares are then subscribed, and the de- 
posites on them paid into Bank. The 
Cashier shall regard all public subscrip. 
tions on which the deposites are paid into 
bank, as private subscriptions. 6 vol. 
303 

When the company is made up, a list 
of the subscribers to be made out by the 
commissioners who received them ; or in 
case of private subscriptions, by the 
cashier of the bank ; and on the back of 
jeach list, shall be endorsed a certificate 



by the President of the Bank ; which said 
list and certificate shall be delivered by 
the said President to the Secretary of 
State. 6 vol. 303 

Secretary, upon receipt of such list, to 
make out letters patent, declaring the 
subscribers a body corporate, by the name 
and for the purposes mentioned in the 
Act of authorization, which shall be 
signed by the Governor, countersigned 
by the Secretary, and under the seal of 
the State. 6 vol. 304 

General powers and rights of the cor- 
poration. 6 vol. 304 

Not to carry on banking, insurance, 
or trade as brokers, factors or merchants. 
6 vol. 304 

May hold real estate necessary for ac- 
complishment of its expressed objects, 
but not to exceed the 10th of the capital. 
6 vol. 304 

May invest, annually, one quarter part 
of its capital in stock of this State, or 
of any Bank of this State, or stock of 
the United States, or of the Bank thereof; 
provided, the whole amount so invested 
shall not exceed, at any one time, one half 
of the costs of all the bridges erected by 
such company ; which sum so invested 
shall constitute the primary fund for re- 
constructing such bridges. 6 vol. 304 

The dividends and interest accruing on 
such investments, shall not be regarded 
as a part of the profits of the corporation 
in the estimate to be taken under this 
Act ; but the amount annually invested 
shall be taken from the limited profits of 
the year in which the investment is made. 
6 vol. 304 

When the shares are held by less than 
six individuals, they shall appoint a Presi- 
dent, and all the others act as Directors. 
Where they are held by more, a President 
and Directors shall be elected, whose 
powers are declared. 6 vol. 304 

Elections, how to be conducted — a 
scale of votes. 6 vol. 304 

Votes may be given by proxv. 6 vol. 
305 

A trustee of stock shall not vote on 
shares held by him in trust, where the 
cestuique trust holds other shares, either in 
his own name or name of another trus- 
tee, but the cestuique trust may vote on 
all shares owned by him, according to the 
scale. 6 vol. 305 



COMPANIES. 



121 



Elections, when to be made. 6 vol. 
305 

Directors to make annual report to 
general meeting of stockholders. 6 vol. 
305 

Contracts not to exceed the amount of 
capital ; if they do, Directors liable. 6 
vol. 305 

Capital may be increased. 6 vol. 305 

How to proceed where road or bridge 
is destroyed. 6 vol. 305 

How to proceed where a stockholder 
becomes contractor. 6 vol. 305 

When charter is duly obtained, the 
work must be begun in one year and fin- 
ished in four, and on failure of either, 
the charter is ipso facto forfeited, and 
the company dissolved. 6 vol. 306 

How to proceed where the State is a 
subscriber. 6 vol. 306 

Dividends on shares held by the State, 
to be paid into Bank of the State, or 
some other bank. If paid there, entitled 
to an interest of 5 per cent, which on 1st 
January, each year, shall be carried to 
the credit of, and become capital, bear- 
ing a similar interest. 6 vol. 306 

If invested in other stock, or deposited 
in another bank, the dividends or interest 
shall be regularly converted into capital, 
and accumulate as aforesaid. 6 vol. 306 

After 24 years from the tirst receipt of 
tolls, the amount thus accumulated, on 
part of the State, may be ordered by the 
Legislature to be paid over to the indivi- 
dual stockholders, in proportion to the 
number of their shares ; and the bank in 
which the same shall be deposited, shall, 
thereupon, pass the same to their indivi- 
dual credit, and such deposites shall be a 
valid payment, the State guaranteeing 
the solvency of the bank, for one year 
from transferring such credit. 6 vol. 306 

Such payment shall be ipso facto a 
transfer to the State, of an amount of 
stock, at a par value, equal to the amount 
of such payment. 6 vol. 306 

And the dividends on all the State 
stock held by the State, shall thereupon 
accumulate as aforesaid, and after 10 
years, the whole amount may be paid bv 
the Legislature to the individual stock- 
holders; provided, the same shall amount 
to the par value of the whole remaining 
stock held by them, or shall be made so 
by an appropriation ; and upon such pay- 
VOL. X— 16. 



ment of the par value of their whole 
stock, the same shall vest in the State^ 
and the corporation dissolve, for every 
purpose, but that of closing their affairs. 
6 vol. 306 

Where the State shall not take stock, 
or where a charter is granted to an indi- 
vidual or individuals in fee, the charter 
may be taken by the State after 34 years, 
paying for the stock at par value, and the 
charter shall dissolve. 6 vol. 306 

Shares may be forfeited. 6 vol. 307 

How to proceed where shares are sold 
before the instalments are paid. 6 vol. 
307 

Every charter for a ferry, bridge or 
turnpike road, to any individuals or in- 
corporated company, granted by the State, 
subject to this Act. 6 vol. 307 

Every charter to be in fee. 6 vol. 307 

No charter to exclude other charters 
within any distance ; but no one to set 
up another bridge, ferry or turnpike near 
enough to reduce the profits, except for 
the individual's use, without authority of 
the Legislature, expressed by Act. 6 
vol. 307 

No proprietor of a turnpike shall erect 
a toll gate across any puMic road kept in 
repair bv the commissioners of the roads. 
6 vol. 307 

Rates of toll limited, and that matter 
regulated. 6 vol. 307, 308 

Amount of capital to be entered in a 
book, as enlarged or extinguished. 6 
vol. 308 

How to proceed when any loss shall be 
sustained by any one at any bridge, ferry 
or turnpike road. 6 vol. 308 

Bridges may be insured, and how. 6 
vol. 308 

Insurances may be effected against 
losses at ferries, and tfie premium charg- 
ed to the current expenses, and if not in- 
sured, may charge to the current expens- 
es each year a sum not exceeding six 
per cent on the capital invested. 6 voL 
308 

Rates of toll. 6 vol. 309 

Toll may be diminished. 6 vol. 309 

To be paid before passing, and collec- 
tor to make change of all sums under $5, 
&c. 6 vol. 309 

Warrant mav be issued to collect tolls. 
6 vol. 309 

Persons exempt from tolls. 6 vol. 310 



122 



COMPTROLLER. 



One toll-gate every twenty miles. 6 
vol.310 

Width of turnpike roads. 6 vol. 310 

How graduated. 6 vol. 310 

Wheels with broad tires to pay less toll. 
6 vol. 310 

How to proceed where bridges, &c. are 
situated in two or more road districts. 6 
vol. 310 

Commissioners to be appointed, and 
how. 6 vol. 310 

Work to be examined by them, their 
duties and power. 6 vol. 311 

Oath to be taken by them. 6 vol. 311 

Duration of their olBce. 6 vol. 312 

Application for charters for bridges, 
ferries and turnpikes, how to be made. 
6 vol. 312 

Ferries may be suppressed and bridges 
erected. 6 vol. 312 

Lands of any individual may be taken 
for public works, civil or military, or for 
any individual, or company of individu- 
als, for the construction of any bridge, 
turnpike or other road, or for keeping 
any ferry, and if the sum cannot be 
agreed upon, how to be assessed. 6 vol. 
312 

How to proceed in cases of appeal. 6 
vol. 313 

Judges to regulate proceedings in cases 
of appeal. 6 vol. 313 

Penalty for wilfully or maliciously in- 
juring any turnpike road or bridge con- 
structed by authority of the Legislature. 
6 vol. 313 



COMPENSATION. 

Allowed divers persons for their slaves 
executed under judgment of the law. 6 
vol. 187, 188 

Allowed for all damages sustained in 
public service, in case of alarm or inva- 
sion. 7 vol. 48 

Allowed out of the public treasury for 
all slaves killed in executing the laws, or 
executed by the course of law. (Expir- 
ed.) 7 vol". 383 



THE COMPROMISE TARIFF. 
Act of Congress to modify an Act lay- 
ing duties on imports, passed July, 1832, 
and all other Acts imposing duties on im- 
ports, commonly called the compromise. 
1 vol. 401 



After December 31, 1833, all duties ex? 
ceeding 20 per cent to be reduced by 
biennially striking off one tenth of the 
excess. 1 vol. 401 

Duties on Plains, Kerseys, &;c. raised 
50 per cent. 1 vol. 401 

After June 30, 1842, all duties to be 
paid in cash. 1 vol. 401 

Goods to be valued at the ports of en- 
try. 1 vol. 402 

In addition to the articles exempted 
from duty by the Act of the 14th July, 
1832, certain other articles to be exempt, 
ed from duty after 30th June, 1842. 1 
vol. 402 

All Acts inconsistent with the present, 
repealed. 1 vol. 403 

Dr. Cooper's remarks. 1 vol. 403 



COMPTROLLER. 

See Taxes. Treasurer. Public Debt. 
Official Bonds. 

To be appointed by House of Com- 
mons, and to enter into bond. 2 vol. 654 

Everv new Comptroller to give bond. 
2 vol. 657 

Comptroller to give daily attendance 
from 9 A. M. to 12. 2 vol. 658 

His fees. 2 vol. 661 

To be elected by House of Commons, 
and to enter into bond. 3 vol. 60 

Public receiver and comptroller to at- 
tend 3 hours daily. 3 vol. 64 

The right of nominating the treasurer, 
comptroller and other civil officers, vested 
in the General Assembly. 3 vol. 148 

Persons appointed for said offices. 3 
vol. 148 

Governor and Council may fill vacan- 
cies. 3 vol. 148 

No member of the Council or House 
of Commons to hold these offices. 3 
vol. 148 

A former Act repealed. 3 vol. 148 

To give bond in £1000. 3 vol. 164 

Case of a new Comptroller wanted. 3 
vol. 167 

Office hours of attendance, from 9 to 
12. 3 vol. 167 

His fees. 3 vol. 168 

Oath to be taken by him. 3 vol. 168 

Po give bond for due performance of 
duties. 3 vol. 198 

Bond in £1000. 3 vol. 201 

Attendance to be given. 3 vol. 201 

Oath. 3 vol. 201 



COMPTROLLER. 



123 



Duty as to taxes, &c. 3 vol. 335 

The office established. 5 vol. 360, 408 

Duties prescribed. 5 vol. 360, 408 

Law officers having in charge the re- 
covery of any public monies, to render 
an account of the same to the comptrol- 
ler. 5 vol. 360 

Right of imparlance taken away from 
those sued by the comptroller, for neglec- 
ting to account for pubhc monies receiv- 
ed by them. 5 vol. 360, 409 

To suspend any Tax Collector for ne- 
glect of duty, with consent of the Gov- 
ernor. 5 vol. 361, 409 

Treasurers to report their cash trans- 
actions to the Comptroller, once a month. 
5 vol. 361, 408 

Comptroller, once a month, and when- 
ever he thinks necessary, to examine the 
cash in the treasury of Charleston, and 
once a year at Columbia. 5 vol. 361 

Must superintend transfer of money 
and papers from Treasurers to their suc- 
cessors. 5 vol. 361 

To draw warrants on the treasury for 
all sums exceeding $100. 5 vol. 361, 409 

Treasurers, on receiving monies, to 
give two receipts, one of which the per- 
son so receiving shall transmit to the 
Comptroller. 5 vol. 361, 409 

Penalty for Tax Collector not taking 
such receipt and transmitting to Comp- 
troller. 5 vol. 361, 409 

Comptroller to do the duties of Com- 
missioner of Accounts. 5 vol. 361 

To go into office 1st March, and shall 
continue in office two years, with a sala- 
ry of $2000. 5 vol. 361, 410 

All accounts against the State to be 
transmitted to one of the treasurers, who 
shall transmit it to the comptroller, on or 
before the 1st October, in every year, to 
be examined by him and laid before the 
Legislature with his report. 5 vol. 362, 
410 

Demands against the State to be re- 
gistered in the Treasurer's office, before 
1st October, 1801, or be barred. 5 vol. 362 

Time extended to 1st October, 1802. 
5 vol. 413 

Former Treasurer, whose accounts have 
not been settled with the Comptroller, 
not eligible as Comptroller. 5 vol. 362 

Comptroller to give bond. 5 vol. 362, 
410 

Shall keep a book and register all the 



aggregates of taxable property in this 
State, from tax collector's returns, which 
he is to receive from treasurers, and to 
keep in his office. 5 vol. 362 

Office hours from 9 till 2 P. M. 5 vol. 
411 

Shall examine and compare returns, 
and proceed against Collectors when there 
are undue returns. 5 vol. 362, 410 

To do the duties prescribed by this Act 
and all future Acts. 5 vol. 410 

How to pay registered debt. 5 vol. 426 

To enquire if any Bank exist, bottom, 
ed on paper medium, and penalty there- 
of. 5 vol. 374, 391 

To give information thereof to Attor- 
ney General. 5 vol. 374, 391 

Authorized to draw his warrant for the 
amount of paper medium to be burnt in 
the treasury, and to discount the same in 
the State Bank, or any other Bank, for 
such a sum as will supply the amount of 
paper medium burnt ; provided, the rate 
of interest does not exceed 7 per cent. 5 
vol. 444 

To suspend or recall warrants to Miller 
& Whitney, until their disputes with the 
State are settled. 5 vol. 444 

To fund the registered debt, to bear an 
interest of si.x per cent, and the interest 
to bear an interest of three per cent, and 
treasurer of lower division to issue certifi- 
cates for the same. 5 vol. 444 

Comptroller to call on all commissioners 
who have received monies for repairing or 
erecting public buildings in their districts, 
to account for such monies, and such ac- 
counts to be laid before the Legislature 
annually. 5 vol. 454 

To cause all lands mortgaged to the 
State to be sold. 5 vol. 457 

To cause lands mortgaged to the State, 
and bought in, to be re-sold, and if they 
do not bring enough to satisfy the debt, 
to proceed against the principal and sure- 
ties for the balance. 5 vol. 457, 488 

Comptroller to pay the specie certifi- 
cates, chargeable on the estates comprised 
in clauses of this Act, if the produce of 
such estates shall amount to that much. 5 
vol. 457 

Authorized to postpone the sale of cer- 
tain lands. 5 vol. 486, 513, 532, 552, 584, 
60S 

To call annually on treasurer of city 
council of Charleston, to render an ac- 



124 



COMPTROLLER 



count of monies appropriated for transient 
poor of Charleston. 5 vol. 488 

He and the standing committee to call 
ij] and pay part of the six per cent bebt 
df the State. 5 vol. 472 

To buy State or United States stock 
with the interest of the stock belonging 
to the State. 5 vol. 411 

May transfer money from one treasury 
to the other, at his discretion, and may 
ask of the Governor an escort to conduct 
the same. 5 vol. 411,412 

To sell lands mortgaged to the Loan 
Office. 5 vol. 425 

Proceedings in selling. 5 vol. 425 

To present to the Legislature, annually, 
a correct statement of the taxes of each 
election district, and to furnish collectors 
with blank returns, conforming to the 
requisitions of the law. 5 vol. 567 

Authorized to exchange six per cent 
stock of the United States, held by this 
State, for six per cent stock of this State. 
5 vol. 588 

To direct suits against clerks of courts 
for not making an annual return to the 
comptroller, of all tines in his district, &;c. 
5 vol. 589, 659, 710 

To call annually upon the commission- 
ers of public buildings, and the boards of 
commissioners for clearing and Of>ening 
several rivers and creeks, for an account, 
on oath, to be laid before the Legislature. 
5 vol. 535, 555, 587, 611, 631, 657, 685 
7U8 

Authorized to sell a tract of land, a 
part of the confiscated estate of Elias 
Ball. 5 vol. 535 

Likewise, to sell a tract of land mort- 
gaged by John O'Neil to Loan Office, and 
purchased for the State. 5 vol. 535 

Authorized to subscribe, on loan, to the 
United States. 5 vol. 556 

To pay off the last registered debts. 5 
vol. 556, 558 

To publish, in the Carolina Gazette, 
such commissioners of roads and of the 
poor as have not made their returns to 
the clerks of courts, and such clerks as 
have not transmitted such returns to the 
comptroller. 5 vol. 709 

Comptroller to debit all sheriffs in the 
books of the treasury, with the full amount 
of their receipts to the tax collectors, for 
o.Yccutions, unless they make coiDolete 
return of such executions in ninety days 



after they have been placed in their 
hands ; and they shall not afterwards be 
credited for any such executions, though 
returned nulla bona or 7ion inventus. 6 
vol. 712 

Comptroller to negotiate a loan with 
the Bank of the State of South Carolina, 
to pay the State quota of direct tax im- 
posed by the General Government, and 
to place the same to the credit of the 
United States. 5 vol. 716 

He is to approve of the official bonds 
given by the Attorney General and Soli- 
citors. 5 vol. 723 

To approve of B, H. Saxon's bond, 
lately elected Solicitor, and who has not 
yet given bond. 5 vol. 723 

To be elected for two years, but after 
serving four yeavs in succession, shall not 
be re-eligible for two years. 5 vol. 675 

To stay proceedings against certain 
persons. 5 vol. 612 

Authorized to negotiate a loan, not to 
exceed $500,000, tor such sum as the 
Governor may think sufficient to support 
the Brigade of State troops. 5 vol. 731 

Shall transmit to the clerks of the 
courts for the several districts, the names 
of all persons who shall have made re- 
turns for taxes, together with the amount 
of tax paid by such persons ; which list 
of names the clerks shall shew to any one 
who may wish to compare their receipts 
with it. " 5 vol. 632, 658, 709, 733 

For such trouble he shall be paid two 
hundred dollars. 5 vol. 734 

To publish, in the Carolina Gazette, 
such of the commissioners of public build- 
ings, inland navigation, of the poor, and 
of the roads, as have not accounted at a 
certain time, and the Attorney General or 
Solicitors to proceed against them. 5 voL 
632, 733 

To preserve, in his annual aggregate 
of taxes laid before the Legislature, the 
columns of lands and negroes taxed, and 
the amount of taxes, in different fiscal di- 
visions. 6 vol. 9 

To publish annually in the State Ga- 
zette a list of such commissioners and 
clerks as have neglected to make their 
returns the preceding year. 6 vol. 9 

Comptroller, as soon as he can after the 
1st of October annually, to make out 
from the returns of the tax collectors and 
transmit to the clerks of the several 



COMPTROLLER. 



125 



courts, the names of all persons who have 
made returns for the preceding year, to- 
gether with the taxes paid by them, that 
they may compare their receipts with the 
same. 6 vol. 10 

The clerks shall, on application of any 
person, produce the same; and if any 
difference appear, the clerk shall report the 
same to the Legislature. G vol. 10 

Penalty if clerk refuses to exhibit the 
same. 6 vol. 10 

The comptroller, for his services thus 
required, shall receive two hundred dol- 
lars. 6 vol. 10 

To cause to be recovered the penalty 
on the treasurers for not giving two re- 
ceipts to all persons paying them money. 
6 vol. 23 

Authorized to assume on the part of 
the State, the United States direct tax, if 
laid, and the right to assume given to the 
State; and to negotiate a loan with the 
Bank of the State of South Carolina, to 
pay the same. 6 vol. 26 

To receive quarterly accounts from the 
Civil and Military Engineer of his inci- 
dental expenses, and lay the same before 
the Legislature. 6 vol. 60 

To approve the bond and sureties of 
Civil and Military Engineer. 6 vol. 60 

To subscribe for seven shares to the 
Winyaw and Wandc Canal Company for 
the State, and to pay, from time to time, 
the assessments made on such shares, if 
not exceeding forty thousand dollars, and 
from time to time to examine the books 
and accounts of the company, and report 
the same to the Legislature. 6 vol. 75 

To report to the next Legislature a full 
statement of the taxes paid in the diffe- 
rent districts for the past and present 
year. 6 vol. 83 

To make a general statement, shewing 
all the monies due to the State, (except 
the old bonds given for confiscated pro- 
perty) and lay the same before the Legis- 
lature with his annual report. 6 vol. 108 

Not to draw special or general warrant 
on the treasury, except foi the appropria- 
tions for internal improvement, or other 
appropriations the Legislature may order 
to be paid under his directions. 6 vol. 
108, 133, 150,171 

Comptroller's books to be paid for by 
the State. 6 vol. 109. 



To insure annually the South Carolina 
College buildings. 6 vol. 139, 156 

The comptroller shall transfer to the 
Bank of the State, on account of capital, 
on the 2nd of April each year, all monies 
received through the course of the prece- 
ding year, and then remaining in the 
treasury unappropriated — and the clause 
of the appropration Act of 1819, to the 
contrary, repealed. 6 vol. 177 

If the Attorney General and Solicitors 
do not make their semi-annual returns to 
the Bank of the State or its branches, of 
all business put in their hands, on the 1st 
January and August, the comptroller to 
retain $500 of their salaries until the re- 
turn is made. 6 vol. 196 

Comptroller to pay no order of any 
commissioners of free schools, which or- 
der does not specify the name of the 
teacher and the school or its number, and 
the length of service rendered, in pursu- 
ance of the Acts of 1822 and 1811. 6 vol. 
197 

Not to pay such commissioners as have 
made no returns. 6 vol. 197. 

Comptroller to superintend the making 
out of certificates of stock by the treasu- 
rer of the Lower Division, for the two 
hundred thousand dollars of State stock 
authorized by the Act of 1822, and to 
countersign the certificates. 6 vol. 199 

To report to the Legislature the amount 
of such stock sold. 6 vol. 199 

To examine the returns of the clerks of 
the courts, as to fines and forfeitures, to 
ascertain whether they have paid over the 
monies received by them to the treasury. 
6 vol. 206 

If they have not done so, to take legal 
steps against them. 6 vol. 206, 230 

Comptroller no longer to countersign 
transfers of State 5 and 6 per cent stock ; 
but the same is to be done by the President 
of the Bank of the State. 6 vol. 227 

To report to the Legislature the amount 
of State stock sold under the Act of 1824. 
6 vol. 253 

Required to cause all confiscated lands 
yet unsold, or bought in for the State at 
former sales, to be sold, as soon and upon 
such terms, as in his opinion may be best 
for the State, and to report the same to 
the Legislature. 6 vol. 254 

To appoint commissioners, not exceed, 
ing five, to attend the sale of such lands^ 



126 



COMPTROLLER. 



and pursue his instructions therein. 6 vol. 
254 

Comptroller to examine into the condi- 
tion of the treasury, and to report at the 
next session, the precise amount of prin- 
cipal and interest due upon paper medium 
bonds. 6 vol. 295 

Vested with power to compel the at- 
tendance of persons to furnish evidence 
or elucidations, and after due notice to 
call in the debts due upon said bonds, in 
three equal annual instalments. 6 vol. 295 

And he is authorized to establish, under 
his own direction and superintendence, a 
uniform system of book-keeping in both 
divisions of the treasury. 6 vol. 298 

To put into the hands of the Attorney 
General for collection, such bonds, mort- 
gages, and open accounts in the treasury 
as he may deem most likely to be recover- 
ed ; and that he report thereon to the 
Legislature at its next session. 6 vol. 29G 

Comptroller to put in suit all the bills 
of the Bank of Cheraw received for taxes; 
and also, a note given by Joshua Lazarus, 
as colatteral security for the payment of 
the said bills, if it be not paid when due. 
6 vol. 296 

To cancel the bond of Peter Vaught. 
6 vol. 296 

To ascertain the number of officers in 
this State from whom bonds are required, 
and to cause an equal number of bonds 
prescribed by this Act, to be printed an- 
nually, at the expense of the State, hav- 
ing thereon the blank forms for commis- 
sioners to approve securities, and for pro- 
bate ; and to distribute to each district, 
with the Acts of Assembly, annually, a 
number of the said bonds equal to the 
number of such ofTicers in the district re- 
spectively. 6 vol. 3S4 

The comptroller directed to settle the 
claims of the State against William Thur- 
mond, William D. Martin, AdmV. John 
Cheney, Charles Huggins, John May, 
Nathaniel Green Cleary, George E. M. 
Foster, for tax executions placed in their 
hands as sheriflfs of different districts, on 
certam conditions. 6 vol. 403 

To release W. Thurmond as to the tax- 
es of Harrisburgh. 6 vol. 403 

To allow sheriff" of Kershaw credit for 
the amount of J. Mickle's note, ordered 
to be surrendered up to him, given for a 



free person of color sold for taxes. 6 vof^. 
403, 404. 

To settle with John Walker, late sheriflT 
of Barnwell, for certain tax executions, 
on equitable principles. 6 vol. 426 

Authorized to issue a new script in fS- 
vor of Henry Deas. 6 vol. 427 

The Comptroller to settle with John 
May, and certain conditions allowed. 6 
vol. 520 

The duty of the comptroller as to the 
guarantee of the State for loans by the 
Louisville, Cincinnati and Charleston Rail 
Road Company, and payment of 4th in- 
stalment of Surplus Revenue of the United 
States to the company. 6 vol. 572, 573 

The Comptroller-general shall hereafter 
keep a set of books, exhibiting the sepa- 
rate transactions of the treasury depart- 
ments, which set of books will be a tran- 
script of the books of the two treasuries, 
combined in one digested set, constituting 
a complete check upon those offices. & 
vol. 511 

The Comptroller-general, in addition 
to the exhibits of cash transactions of the 
treasury, shall annually report to the ^ 
Legislature a balance sheet of the books 
aforesaid, setting forth as well by whom 
debts are due to the State, as the amount 
of those debts. 6 vol. 511 

It shall also be his duty to keep a book, 
in which appropriations by the Legislature 
shall be entered, with all the payments 
under them, and to keep another book, 
properly indexed, in which he shall enter 
all contingent accounts allowed by the 
Legislature, and the time at which pay- 
ment on the same shall be made. 6 vol. 
511 

All persons having the distribution 
of public money, shall annually, on the 
1st day of October in each and every 
year, render to the Comptroller-general 
an account, setting forth the funds com- 
mitted to them respectively, and its ex- 
penditure, and the Comptroller-general 
shall examine the same and report thereon 
to the Legislature ; and it shall also be 
the duty of the said Comptroller-general 
to enter, in books kept for that purpose, 
such a statement of these accounts re- 
spectively, as will enable him at any 
time to show how said accounts stand be- 
tween the parties respectively. 6 vol. 
512. 



CONFISCATION. 



127 



Every contingent account against the 
State shall hereafter be presented at the 
ComptroUer-generars office, in Columbia 
or Charleston, on or before the 1st day 
of October in each year, and it shall be 
his duty to examine the same, and report 
thereon to the Legislature at its next sit- 
ting ; and no such account shall be con- 
sidered or acted on by the Legislature, 
before it has been examined and reported 
on by the Comptroller-general ; and as 
a compensation for the additional duties 
required by this Act, he shall be entitled 
to receive $500, in addition to the salary 
to which he is now entitled by law. 6 vol. 
,512. 

It shall be the duty of the Comptroller- 
General to make an annual report to this 
House, of the names of the Pensioners of 
this State. 6 vol. 527 

The Comptroller-General authorized 
and required to receive, for and on behalf 
of this State, the respective dividends of 
the surplus revenue of the U. S. payable 
to the same, in pursuance of the Act 
of Congress, and to execute, for and on 
behalf of the said State, such certificate 
as may be prescribed by the Secretary of 
the Treasury of the United States, in 
pursuance of the direction of the said Act 
of Congress. 6 vol. 555 

The Comptroller-General authorized 
and required, upon receiving any portion 
of the said money, forthwith to cause the 
same to be deposited in the Bank of the 
State of South Carolina, to the credit of 
the State, which shall not be considered a 
part of the capital of the said Bank, but shall 
be banked upon and employed like the capi- 
tal of the said Bank, according to the 
usages and customs of the Bank, until it 
may be withdrawn by requisition, accord- 
ing to the provisions of the aforesaid Act 
of Congress, or otherwise disposed of by 
authority of law. 6 vol. 555 



COMPTROLLER OF COUNTRY 

DUTIES. 
M. Brailsford appointed. 4 vol. 45 

CONFEDERATION, ARTICLES OF. 
See Constitution of U. S. 
Between the U. States. 1 vol. 152 
Delegates empowered to ratify the al. 



teration of the 8th article of confeder- 
ation. 4 vol. 759 



CONFESSION OF JUDGMENT. 

See Judgme7it. 



CONFISCATED ESTATES. 

See Confiscation Ads. 

Further time allowed to audit certain 
claims on. 5 vol. 128 

Bonds and mortgages of certain confis- 
cated insolvent estates given up to credi- 
tors, on their discharging the State from 
all liabihties to certificates issued to such 
creditors. 5 vol. 556 

Certain certificates received for confis- 
cated estates sold, to be delivered over to 
the creditors of such estates, the proceeds 
of sale not producing enough to pay the 
debts, &c. 6 vol. 86 

The Comptroller to cause all confisca- 
ted lands yet unsold, or bought in for the 
State at former sales, to be sold, as soon 
and upon such terms, as in his opinion 
may be best for the State, and to report 
the same to the Legislature. 6 vol. 254 

The Comptroller to appoint Commis- 
sioners, not exceeding five, to attend the 
sale, and pursue his instructions therein. 
6 vol. 254 

Estates of those taking arms, &;c. 
against the Colonies, declared forfeited, in 
1776. 4 vol. 345 

How appropriated. 4 vol. 346 

Estate of Richard Pearis confiscated. 
4 vol. 425 



in five 
6 vol. 



CONFISCATION ACTS. 

(1782.; Preamble. 4 vol. 516 

Real estates of No. 1, vested 
commissioners. 4 vol. 517 

(See list of No. 1, in Appendix. 
629.) 

Also personal estate. 4 vol. 517 

Estates to be sold on five years credit. 
4 vol. 517 

Commissioners to execute titles. 4 vol. 
517. 

Other real and personal estates vested 
in the commissioners. 4 vol. 518 

And likewise others. 4 vol. 518 

Also, such persons' estate, real and 
personal, of No. 2, 3, 4, and 5. 4 vol. 
519. 

(See list in Appendix to vol. 6, p. 630) 



128 



CONFISCATION. 



Also, of No. 6. 4 vol. 519 

(See Appendix to vol. 6, p. 632) 

Persons banished. 4 vol. 519 

Provision to be made for their families. 
4 vol. 520 

Slaves to be set aside for the use of the 
army. 4 vol. 520 

Property held by these persons, between 
July 4th 1776, and May 12th 1780, 
deemed still theirs. 4 vol. 520 

Also, all property acquired since. 4 vol. 
520 

Oath of the commissioners. 4 vol. 520 

Lands to be divided, and sold in small 
tracts. 4 vol. 521 

Commissioners may appoint clerks. 4 
vol. 521 

Expense of surveys, &c. to be paid by 
purchasers. 4 vol. 521 

Persons must deliver in their demands 
on such estates, by 20th February next. 
4 vol. 521 

Felony to remove any of the property. 
4 vol. 521 

Commissioners to give security in 
£10,000. 4 vol. 625 

Commissioners may demand plats of 
the owners of adjacent lots. 4 vol. 522 

Slaves to be sold for specie. 4 vol. 522 

Negroes to be sold in families. 4 vol. 
522 

The State to warrant purchases. 4 vol. 
522 

Inventories, &;c. to be delivered to the 
treasurers. 4 vol. 522 

This a public Act. 4 vol. 522 

Amercing of estates. (Passed at Jack- 
sonborough, 1783.) 4 vol. 523 

Commissioners to have power to sell 
estates. 4 vol. 524 

Property held 27th September, 1781, 
liable. 4 vol. 524 

Penalty for embezzling. 4 vol. 524 

Disposal of Amercements. 4 vol. 524 

State will defend purchasers. 4 vol. 
525. 

Lawful to plead the general issue. 4 
vol. 525 

List of names. See Appendix. 6 vol. 
629. 

Repealed, 1785. 4 vol. 700 

Reasons for altering. 4 vol. 553 

Judges of the Court of Sessions may 
tjake bail of the persons herein mentioned. 



4 vol. 554 (See list. Appendix to vol. 6) 

The 16th section of the confiscation 
Act, altered. 4 vol. 554 

Further sale of the estates of said per- 
sons suspended. 4 vol. 554 

Limitation of this Act. 4 vol. 554 

The estates of persons having gone 
over to the enemy liable for their debts. 4 
vol. 555 

Notice to be given of the sales of pro- 
perty ; and plats to be left in the neigh- 
borhood of the place of sale. 4 vol. 555 

Debts due from the public may be dis- 
counted in payment of purchases. Confis- 
cated property to be sold on credit, with 
security. 4 vol. 555 

Commissioners entitled to employ coun- 
sel. 4 vol. 556 

Accounts against confiscated estates to 
be rendered in and laid before the audi- 
tor, 4 vol. 556 

No debt against confiscated estates, 
contracted since the passage of the con- 
fiscation Act, to be paid. 4 vol. 556 

Proviso. 4 vol. 5.56 

House-hold furniture, &c. allowed the 
families of banished persons. 4 vol. 556 

Purchases made before the passage of 
the confiscation Act, to be valid. 4 vol. 
556 

Proviso. 4 vol. 556 

Interest of bonds to be paid in 30 davs. 
4 vol. 557 

Commissioners allowed the necessary 
expenses of negroes. 4 vol. 557 

The estates of persons adhering to the 
British, declared confiscated. 4 vol. 568. 

Commanding officers of the militia to 
make return of such persons. 4 vol. 569 

Commissioners to sell the said estates. 
4 vol. 569 

Allowance to commissioners. 4 vol. 
569 

Persons who have withdrawn may re- 
turn to take their trials. 4 vol. 569 

Proviso. 4 vol. 569 

Chickasaw and other lands to be sold. 
4 vol. 570 

This a public ordinance. 4 vol. 570 

Confiscated property of Richard Pen- 
darvis to be vested in Richard B. Baker. 
3 vol. 597 

Time for rendering in proof of demands 
against confiscated estates, extend'^d 12 
months further. 4 vol. 620 



CONFISCATION. 



129 



Estates restored to list No. 1. (6 vol. 
629.) 4 vol. 624 

Their banishment repealed. 4 vol. 624 

Assessment on their restored estates. 4 
vol. 624 

Estates restored to list No. 2. (6 vol. 
630.) 4 vol. 625 

Persons whose estates have been sold, 
to be indemnified. Proviso. 4 vol. 62.5 

Disqualification. 4 vol. 625 

Penalties on certain persons repealed. 
4 vol. 626 

Further exemptions. 4 vol. 626. 

Forfeited estates that have been sold 
and no titles applied for, shall be again 
put up for sale. 4 vol. 639 

Enough of confiscated estates under 
mortgages to be sold to satisfy incum- 
brances. 4 vol. 639 

Confiscated property sold, and no claim 
made previous to sale, no action shall be 
against commissioners. 4 vol. 640 

Commissioners to make title to Arthur 
Bardeleben, &c. 4 vol. 640 

Commissioners to receive indents for 
bonds. 4 vol. 640 

Land and personal property of A. Cun- 
ningham restored to his heirs, on certain 
conditions. 4 vol. 666 

Land and personal property of Culbut 
Anderson restored to his heirs, on certain 
conditions. 4 vol. 666 

Estate of Edward Oats, vested in 
Elizabeth Oats, on certain conditions. 4 
vol. 666 

Land and personal property of William 
Guest, vested in Sarah Guest, on certain 
conditions. 4 vol. 667 

So much of the confiscation Act as re- 
lates to Edward Fenwick, repealed. 4 
vol. 687 

His estate restored to him and his heirs. 
4 vol. 687 

Said Fenwick permitted to remain in 
the State one year. 4 vol. 687 

Persons liable to pay amercements, to 
make return of their estates. 4 vol. 699 

Commissioners appointed to value the 
estates. 4 vol. 699 

Oath to be taken by the commissioners. 
4 vol. 700 

Attorney General to sue for amerce- 
ments. 4 vol. 700 

Two former Acts, (1782, 4 vol. 523, 
526,) repealed. 4 vol. 700 

Bonds given by persons who have 
VOL. X— 17. 



since been released therefrom, to be de- 
livered up. 4 vol. 700 

Persons having demands against con- 
fiscated property, how to be paid. 4 vol. 

One half of amercements may be paid 
in indents. 4 vol. 701 

Taxes to be paid. 4 vol. 701 

R. Wayne released from amercement. 
4 vol. 701 

Estates released from confiscation or 
amercement to pay all expenses. 4 vol. 
701 

Where property cannot be produced, it 
may be sold from information. 4 vol. 701 

Estates sold for indents, the amerce- 
ments how to be paid. 4 vol. 701 

Altered by Act 1786. 4 vol. 757 

L. Mackintosh exempted from amerce- 
ment, under the confiscation Act of 1784, 
4 vol. 721 

Commissioners to assign over a sum of 
money to Jane Villepontoux, of Gideon 
Dupont's estate. 4 vol. 740 

Commissioners empowered to sell es- 
tates again, or sue defaulters to a settle- 
ment. 4 vol. 756 

Remedy where property has been sold 
by mistake. 4 vol. 757 

Last clause of the Amercement Act 
altered. (4 vol. 701 ) as to receiving iu- 
dents in payment of commissions. 4 
vol. 757 

How commissions to be paid. 4 vol. 
757 

Mode of relief to the creditors of per- 
sons whose estates have been confiscated. 
4 vol. 757 

Jane Linwood and Wm. Baker, releas- 
ed from further amercement. 4 vol. 758 

George Wilson, let into James Crok- 
att's estate. 4 vol. 758 

James Nassau Colleton, exempted. 4 
vol. 758 

Governor and Council to appoint two 
commissioners of forfeited estates. 4 vol. 
753. 

John Bremar, Act repealed as to him. 
4 vol. 758 

Amercement suspended till January. 4 
vol. 758 

R. P. Murrell and A. Hibben's estates 
relieved from amercement. 4 vol. 758 

Elizabeth Saxby allowed to receive cer- 
tain rents. 4 vol. 759 

Names of persons mentioned in the 
confiscation Act of 1782. 6 vol. 629 



CONGRESS. 



List of persons alluded to in the Act 
for amercing certain persons in 17S2. 6 
vol. 633 

A list of persons on the confiscation 
Act, who petitioned, and whose cases 
where favorably determined. 6 vol. 633 

List number one, of persons who were 
taken off the confiscation list, and were 
amerced 12 per cent. 6 vol. 634 

List number two, of persons who are 
taken off the confiscation list. 6 vol. 635 

List number three, of persons taken off 
tl:ie confiscation list, and amerced 12 per 
cent, and disqualified. 6 vol. 635 



CONFORMITY. 

Members of Assembly to receive the 
sacrament. 2 vol. 232 

Oath of conformity to be taken by 
members of Assembly. 2 vol. 233 

Profession of conformity. 2 vol. 233 

Oath and declaration, how taken and 
subscribed. 6 vol. 233 

Members to take the oath and declara- 
tion, instead of the oath of allegiance 
and supremacy. 2 vol. 234 

Additional oath as to the security of 
her Majesty and succession. 2 vol. 234 

When to be taken. 2 vol. 234 

Penalty for sitting and voting before 
tQ,king these oaths. 2 vol. 234 

In case of non-conformity, the candi- 
date next highest in number of votes to 
be chosen. 2 vol. 235 

Ilepealed. 



CONGAREE. 

See Inland, Navigation. Fish. 

Called Santee in many old Acts. 
in 4 vol. Act No. 813, and Act 
827. 

Navigation to be improved. 7 vol.561 



As 
No. 



CONGRESS, U. S. 

See Members of Congress. 

Duties on foregn goods authorized to 
be levied by Congress, (1782.) 4 vol. 
512 

Congress to appoint collectors for the 
State. 4 vol. 512 

Proviso. 4 vol. 512 

Revenue to be applied to the discharge 
of U. States debts. 4 vol. 512 

Act to be in force until the debts are 
discharged. 4 vol. 512 



This Act not to take efiect until a sinjir 
lar law is enacted by the other States. 4 
vol. 513 

Empowered to levy within this State 
the following duties upon goods imported, 
(1784.) 4 vol. 594 

Proviso as to trials, «fec. 4 vol. 594 

Qualifications and duty of collectors. 
4 vol. 595 

Proviso as to the application of such 
duties. 4 vol. 595 

This Act to be in force when all the 
other States have passed a similar Act. 
4 vol. 595 

Proviso, as to the continuance and ex- 
tent of the power. 4 vol. 595 

As Great Britain prohibits trade with 
the West Indies, except in British ships, 
Congress empowered to regulate trade 
from the British West Indies, and to 
adopt counter-regulations; provided, all the 
States vest Congress with the same pow- 
er, (1784.) 4 vol. 596 

Power given to Congress to levy duties, 
repealed, (1783.) 4 vol. 560 

Empowered to regulate foreign trade, 
provided nine States assent, and this Act 
not to be of force until the power be giv- 
en from the other States. The slave 
trade not to be affected. 4 vol. 720 

Former Act to enable Congress to re- 
gulate the trade from the British West 
Indies, (1784. 4 vol. 596) repealed. 4 
vol. 720 

Authorized to regulate trade with for^ 
eign nations. 5 vol. 6 

The State Legislature appoints, by Act, 
members to the Congress of the United 
States, to serve one year, under the Ar- 
ticles of Confederation. 5 vol. 17 

The Governor commissions them. 5 
vol. 17 

The Legislature may recall their Dele- 
gates, or any one of them, and substitute 
others to serve the time out. 5 vol. 18 

In case of vacancy by death, resigna- 
tion, or refusing to act, during the recess 
of the Legislature, the Governor, with 
the advice and counsel of Privy Council, 
to fill the vacancy, for the residue of the 
term. 5 vol. 18 

State divided into election districts. 5 
vol. 55, 146, 212,430, 665 

Each to choose a member to Congress. 
5 vol. 85, 146, ^12, 665 

Elections held at same place and by 



Congress. 



M 



Same managers as elections to the Legis- 
lature. 85, 146, 214, 430, 665 

Returns thereof to be made, under seal, 
by express agent, under oath, to the 
Governor in 20 days. 5 vol. 85, 146, 
213, 214, 431, 665 

On the 5th January next, or as soon 
after as the Council can be convened, the 
Governor shall cause the returns to be 
examined in Council, in a public manner, 
and ascertain the number of votes given 
for every person, and what five have the 
greatest number, and shall cause it to be 
made known, by proclamation, who are 
elected, and notice of such election given 
to each member. 5 vol. 85, 146 

Time for Governor to examine votes al- 
tered to 1st November. 5 vol. 146 

The Governor shall deposite the origi- 
nal poll of each district in the Secretary 
of State's office. 5 vol. 85, 146, 666 

A person elected for two districts, shall 
choose, in 20 days after due notice there- 
of shall be given him, for which district 
he will serve ; and another election shall 
be ordered by the Governor, to be held 
within 20 days thereafter, for the vacant 
district. 5 vol. 85, 146, 214, 432, 666 

The Governor shall order a new elec- 
tion in the same manner, where the mem- 
ber elected shall refuse to serve, or omits 
to signify to the Governor his intention 
of serving within 20 days after receiving 
due notice of his election. 5 vol. 85 
146, 666 

In case of the death of any person 
elected, or of his seat becoming vacated 
by any other means, or if two or more 
shall receive equal votes,- the Governor 
shall order a new election. 5 vol. 85, 
146, 666 

Fifty days allowed a person who is out 
of the State, to signify to the Governor 
whether he accepts or declines. 5 vol. 
147 

Time for Governor to examine votes 
altered to 1st Monday in December after 
each election. 5 vol. 213, 431, 666 

Governor to cause the votes to be open- 
ed and counted in his presence by Com- 
missioners appointed by him, under hand 
and seal. 5 vol. 214, 666 

How to be counted if Governor is ab- 
sent. 5 vol. 214, 431,666 

Oath of the person who carries the 



votes from the managers to the Governor 
or Secretary of State. 5 vol. 665 

Oath which the Governor or Secretary 
shall administer to him when he delivers 
the votes sealed up. 5 vol. 665 

Persons bringing the packets, to be al- 
lowed $3 per day, going and coraingj 
allowing 40 miles for each day's journey. 
5 vol. 666 

Governor to announce the election by 
proclamation. 5 vol. 431, 666 

Oath of Commissioners. 5 vol. 663 

Managers, next day after poll closes, 
to count .over the votes, in a public man- 
ner,' and shall keep an account in writing, 
of the number of votes given to each 
candidate, and to transmit to the Gover- 
nor, with the ballots, a duplicate. 5 vol. 
432, 666 

The Act of 21st December, 1792, pre- 
scribing time and place of electing mem- 
bers to Congress, repealed. 5 vol. 427 

The election of members to Congress 
to represent this State in the 18th Con- 
gress of the United States, postponed. & 
vol. 167 

The State divided into election districts, 
and one member to be elected to Con- 
gress from each district. 6 vol. 182 

Elections to be held at the same times 
and places, to be regulated and conduct- 
ed by the same managers, and in the 
same manner, as the elections for menr- 
hers to the Legislature, and the person 
having the greatest number of votes to 
be the member. 6 vol. 183 

The managers of the several election 
districts shall, within twenty days after 
the election, transmit the ballots to Co- 
lumbia, securely enclosed in paper, and 
sealed with their seals, and directed to 
the Governor, or to the Secretary of State, 
by a person employed by them for the 
purpose, sworn to convey and deliver such 
packet agreeably to the directions, (sick- 
ness and unavoidable accident excepted,) 
and in case of sickness that he will deli- 
ver the same in good order to some other 
person, to be conveyed to Columbia. 6 
vol. 183 

The Governor, or Secretary of State, 
on receipt of such packet, shall cause to 
be administered to the person delivering 
the same, an oath that he delivered the 
packet as he received it. 6 vol. 183 

Form of oath. 6 vol. 183 



132 



CONGRESS. 



Express messenger to receive $3 per 
diem, going and coming, allowing 40 
miles a day. 6 vol. 183 

The Governor, or in case of his sick- 
ness, death or absence, the Lieutenant 
Governor, on the first Monday in Decem- 
ber, in the regular elections, shall cause 
the returns to be publicly opened and 
counted in his presence, at Columbia, by 
three or more Commissioners, to l^e ap- 
pointed by him, under hand and seal, and 
shall ascertain what persons have the 
greatest number of votes ; and deposite 
the original poll of each district in the 
Secretary of State's office. 6 vol. 183 

After ascertaining who are elected, he 
shall notify the same by proclamation. 6 
vol. 183 

If Governor and Lieutenant Governor 
are both absent, the Secretary of State 
and three Commissioners may count the 
votes, and mform the Governor or Lieu- 
tenant Governor of the result, to be pub- 
lished by proclamation. 6 vol. 184 

Commissioners, before they proceed to 
act, to take an oath. 6 vol. 184 

The managers of elections, the next 
day after the poll shall be closed, to count 
the votes publicly, and keep an account, 
in writing, of the number of votes which 
each candidate shall have, and shall trans- 
niit to the Governor, with the ballots, a 
duplicate of the same. 6 vol. 184 

If a person is chosen for two or more 
districts, he may, in 20 days after due 
notice, choose for which he will serve ; 
and on making such choice, or neglecting 
to do so, the Governor shall direct anoth- 
er election to be held within 20 days, for 
the vacant district or districts. 6 vol. 
184 

The Governor shall proceed in the 
same manner where the person elected 
refuses to serve ; and in case of death, 
or the seat becomes vacant by any means, 
or if two or more have equal votes, the 
Governor shall order new elections. 6 
vol. 184 

All Acts repugnant to this, repealed. 
6 vol. 184 

So much of an Act entitled "An Act 
prescribing, on the part of this State, the 
time, places and manner of holding elec- 
tions for Representatives in the Congress 
of the United States," as directs elec- 
tions of members of the House of Rep- 



resentatives of the United States, from 
this State, to be held at the same time as 
the elections of members of the State 
Legislature, suspended; and the manag- 
ers of elections at the next general elec- 
tion in this State, are directed not to open 
polls for the election of Representatives 
in Congress. 6 vol. 439 

The Act of 17th December, 1831, to 
suspend the election of members to Con- 
gress, repealed, and the election for 1833, 
to the 23d Congress, ordered to be held 
on the 1st Monday in September, then 
next ensuing, and the day following, at 
the same places and by the same manag- 
ers as the election for members to the 
State Legislature. If an extra session of 
Congress is sooner called, Governor, by 
proclamation, may order elections at 
such times as he may appoint. 6 vol. 
464 

Its power to adopt a system of internal 
improvements, to impose a tax for any 
other purpose than that specifically men- 
tioned by the Constitution, to make roads 
and canals, and to lay duties to protect 
domestic manufactures, denied by South 
Carolina. 1 vol. 229, 242, 244, 246 

Report and Resolutions of Georgia, on 
the subject, in 1828. 1 vol. 274 

Memorial of Georgia, (1828,) denies 
the power to protect manufactures. 1 
vol. 277 

The remonstrance of Georgia on the 
same subject, (1828.) 1 vol. 286 

Resolutions of Virginia, (of 1829,) on 
the powers of Congress. 1 vol. 292 

Has no power but that specifically 
granted. 1 vol. 293 

Resolutions of "98 contains the creed 
of Virginia. 1 vol. 293 

The protective system unconstitutional. 
1 vol. 294 

Proposals rejected in the Convention 
of the United States in 1787. 1 vol. 
294 

The " general welfare '' doctrine repu- 
diated. 1 vol. 296 

The regulation of commerce. 1 vol. 
299 

Resolutions of South Carolina, of 1830, 
on the Constitution of the United States, 
and the powers of the general govern- 
ment. 1 vol. 303 

Report of the Committee on Federal 



CONSTABLES. 



133 



Relations, of South Carolina, of 1831, 
on General Jackson's letter. 1 vol. 305 

Report of the Committee to whom the 
Act was referred for calling a Convention, 
(1S32) 1 vol. 312 

Address of the Convention to the peo- 
ple of South Carolina. 1 vol. 334 

Address of the people of South Caro- 
lina to the 23 States, on the Ordinance 
of Nullification of the tarifi". 1 vol. 346 

Preamhle and Resolutions of Virginia, 
fl833.) 1 vol. 381 

Report of the Committee on the Force 
Bill of 1833. 1 vol. 394 



CONHEIM, MARTHA. 
Title to a certain tract of land vested 
in her. 6 vol. 145 



CONJURATION. 

Invoking or consulting with evil spirits, 
taking up dead bodies, &c., for purposes of 
witchcraft, &c., to the harm of others, 
declared felony without benefit of clergy. 
2 vol. 509 

Penalty for declaring by witchcraft 
where treasure, &c. is hidden, procuring 
unlawful love, or attempting to hurt cattle 
or persons. 3 vol. 509 

First offence, imprisonment ; second 
offence, felony without clergy. 2 vol. 
509 

Saving of dower, inheritance, 6ic. 2 
vol. 509 

Peers shall be tried by Peers. 2 vol. 
509 

Repealed ; except a clause repealing 5 
Eliz. c. 16. 2 vol. 510 

Act in Scotland, 9 Maria, also repealed. 
2 vol. 509 

After June 24, 1735, no person to be 
prosecuted for witchcraft, &c. 2 vol. 509 

Persons pretending to exercise witch- 
craft, tell fortunes, or by crafty science 
to discover stolen goods, to be imprisoned 
for a year, to be pilloried and bound for 
good behavior. 2 vol. 509 

The Act only repealed for England and 
Scotland. See "note. 2 vol. 509,739 



CONSPIRACY. 
See Insurrection. 

Who be conspirators, and who be 
champertors. 2 vol. 423 

A writ of conspiracy maintainable 



against the indictors, prosecutors and con- 
spirators. 2 vol. 449 

CONSPIRATORS. 

See Conspiracy. 

Justices of assizes, &c. shall enquire of 
maintainors, conspirators and champer- 
tors. 2 vol. 426 



CONSTABLES. 

To be appointed to attend court of ses- 
sions. 3 vol. 283 

How to be appointed. 3 vol. 555 
Penalty for refusing to act. 3 vol. 555 
To attend at court. 3 vol. 586 
Constable's fee, paid by judge and 
clerk, hereafter to be paid by the public. 
3 vol. 586 

Limitation, seven years. 586 
Made perpetual by Act of 1783. 4 
vol. 540 

Empowered to enter gaming houses 
and arrest the inmates. 4 vol. 162 

Fees for executing warrants for taxes. 

5 vol. 32 

Before qualified to act in their offices, 
to take an oath to enforce the Act of 1816,. 
against gaming. 6 vol. 27 

To receive $1 per diem, while attending 
court. 6 vol. 29 

Not more than five at a court, Charles- 
ton excepted, where there shall be nine. 

6 vol. 29 

To make oath of number of days he 
has attended court, at the conclusion of 
the court, before the clerk, who shall give 
him a certificate of the same, countersign- 
ed by the judge, which shall be paid at the 
treasury. 6 vol. 29 

A person wishing to act as constable, 
to apply to the justice under whom he is 
to act as constable, and offer one or n)ore 
sufficient sureties for his good behavior in 
office, and if the justice shall think him 
a fit person to serve in the office of con- 
stable, and the surety sufficient, he shall 
certify the same to the clerk of the court, 
who shall cause such person and his sure- 
ty to enter into bond, payable to the trea- 
surers and their successors, in the sum of 
five hundred dollars, and witnessed by the 
clerk. 6 vol. 179 

After taking the bond, the clerk shall 
administer to him the oaths of office by 
law established, and file the bond in his 



134 



CONSTABLES. 



office, which may be sued on, in like man- 
ner as sheriff's bonds, by any person 
aggrieved. 6 vol. 179 

In all actions on constables's bonds, the 
course of proceeding and the evidence to 
be given, shall be the same as in case of 
sheriffs 's bonds. 6 vol. 179 

This law not to eliect constables who 
are appointed without their consent, 6 
vol. ISO 

Not bound to serve more than two 
years after giving such bond, but must 
give three months notice before he resigns. 
6 vol. ISO 

No magistrate or constable allowed fees 
in criminal cases, unless the proceedings 
have been returned to the clerk of the 
court, and unless bills of indictment have 
been preferred, or other proceedings stop- 
ped at the instance of the State; but this 
rule is not to extend to fees which any 
magistrate or constable may be entitled 
to on the trial of slaves or persons of 
color. 6 vol. 232 

Provision made for paying them for at- 
tending certain courts. 6 vol. 365 

For their fees on the trial of slaves and 
persons of color, in the parishes of Saint 
Philip and Saint M^chael, see Fees, and 
6 vol. 387 

Any constable within the parishes of 
Saint Philip and Saint Michael, neglect- 
ing or refusing to return an execution or 
other process, or to pay over money when 
collected by him, to the party entitled to 
it, shall be liable to be ruled before the 
magistrate who issued the warrant, or 
any other magistrate within the said pa- 
rishes, to be attached and committed to 
prison, until he purges his contempt by 
paying the money, or otherwise comply- 
ing with the mandate of the court. 6 
vol. 387 

The number of constables for the said 
parishes, to be limited to fifteen, and none 
to act as constables in those parishes un- 
less appointed by a majority of the ma- 
gistrates appointed under the Act of 1827, 
entitled "An Act for the better adminis- 
tration of justice, &c. within the parishes 
of Saint Philip and Saint Michael." 6 
vol. 387 

All constables, while actually employed 
in serving warrants or other process, is- 
sued by a magistrate, or attending a ma- 
gistrate's court within the said parishes, , 



exempted from the performance of ordina- 
ry militia duty. 6 vol. 389 

The board of eight magistrates appoint- 
ed for Saint Philip's and Saint Viichael's, 
under the Act of December, 1827, for the 
trial of causes small and mean, vested 
with the power of trying the constables 
now or hereafter to be appointed by them, 
for misbehavior or malfeasance in office, 
and to suspend or remove from ofKce such 
constables as shall be convicted thereof 
by a majority of said board. 6 vol. 418 

In every case where the judge who 
should have presided, shall be absent from 
any court, it shall be the duty of the 
clerk and sheriff of the district, upon the 
adjournment of the same, to give to each 
juror and constable, a certificate specify- 
ing, in addition to what is now required 
by law, where a judge presides, that the 
judge who should have presided was ab- 
sent, and such certificate shall have the 
same effect, and be paid in the same man- 
ner, as is now prescribed by law, vvhere 
such certificates have been countersigned 
by a presiding judge. 6 vol. 439 

Where any recognizance, warrant, or 
other process pertaining to the court of 
sessions, shall not be returned to the clerk 
of the court ten days before the sitting of 
the court, the sheriff, constable or other 
officer charged with the execution there- 
of, shall forfeit the fees to which he would 
otherwise be entitled, and a penalty of 
i5. 6 vol. 553 

All constables hereafter elected by th^ 
board of magistrates, for the parishes of 
Saint Philip and Saint Michael, shall 
continue in office during the term for 
which the said board shall be themselves 
elected, and until a new election shall 
take place by a subsequent board; provi- 
ded, nevertheless, that nothing herein 
contained shall be construed to prevent 
their being impeached and tried, as is 
now prescribed by law, for any malfeas- 
ance or nonfeasance in office ; and provi- 
ded, also, that nothing herein contained 
shall effect the rights or tenure of offic^ 
of any constable now in office. 6 vol. 
560 

Allowed 81 and 50 cents per day for 
attending on the courts of General Ses- 
sions, Common Pleas and Equity. 6 vol. 
576 



CONSTITUTION. 



135 



Of Charleston, offending, how to be 
punished. 7 vol. 3 

May be appointed and fined or removed 
in each county, by the county courts. 7 
vol. 181 

Who have no recognizances or other 
matter to return, need not attend the gene- 
ral court of sessions. 7 voU 186 



1 vo 
1 vol. 
1 vol. 
1 vol. 



I. 43 
128 
137 

184 

sec- 



elections and 
1 vol. 199 



CONSTITUTIONS OF SOUTH CARO 
LINA. 
See Representation. Ehctors. 
The Constitution of Locke. 
The Constitution of 1776. 
The Constitution of 1778. 
The Constitution of 1790. 
Amendments thereto. 1 vol. 193 
Resolutions concerning the 4th 
tion. 1 vol. 198 

Resolutions concerning 
concerning the 4th section 

The 3d Section of the 10th Article of 
the constitution, altered to read as fol- 
lows : "The judges shall, at such times 
and places as shall be prescribed by Act 
of the Legislature of this State, meet and 
sit for the purpose of hearing and deter- 
mining all motions which may be made 
for new trials, and in arrest of judgment, 
and such points of law as may be sub- 
mitted to them." 6 vol. 45 

The constitution so altered as to annex 
the Cherokee lands of Pendleton, and to 
be hereafter part of Pendleton election 
district. 6 vol. 146 

The 3d Section of the 5th Article, 
altered to read as follows : "Section 3. 
The Governor, Lieutenant-Governor, and 
all civil officers, shall be liable to impeach- 
ment for high crimes and misdemeanors, 
for any misbehavior in office, for cor- 
ruption in procuring office, or for any act 
which shall degrade their official charac- 
ter ; but judgment in such cases shall not 
extend further than to emoval from 
office, and disqualification to hold any 
office of honor, trust or profit, under this 
State. The party convicted shall, never- 
theless, be liable to indictment, trial, judg- 
ment and punishment, according to law. 
"Section 4. All civil officers whose au- 
thority is limited to a single election dis- 
trict, a single judicial district, or part of 
either, shall be appointed, hold their office, 
be removed from office, and in addition to 
liability to impeachment, may be punish- 



ed for official misconduct, in such manner 
as the Legislature, previous to their ap- 
pointment, may provide. 

"Section 5. If any civil officer shall 
become disabled from discharging the du- 
ties of his office, by reason of any per- 
manent bodily or mental infirmity, his 
office may be declared to be vacant, by 
joint resolution agreed to by two-thirds of 
the whole representation in each branch 
of the Legislature ; provided, that such 
resolution shall contain the grounds of 
the proposed removal, and, before it shall 
pass either House, a copy of it shall be 
served on the officer, and a hearing be 
allowed him." 6 vol. 357 

The Fourth Article of the Constitution 
of this State amended so as to read as 
follows, viz. Every person who shall be 
chosen or appointed to any office of pro- 
fit or trust, before entering on the execu- 
tion thereof, 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 I may continue a citizen thereof; and 
that I am duly qualified, according to the 
Constitution of this State, to exercise the 
office to which I have been appointed ; 
and that I will, to the best of my abilities, 
discharge the duties thereof, and preserve, 
protect and defend the Constitution of 
this State and of the United States, 
help me God." 6 vol. ')Vi 



So 



CONSTITUTION OF THE UNITED 

STATES. 
Preamble. 1 vol. 171 
All Legislative powers vested in the 
two Houses. 1 vol. 171 

House of Representatives, how consti- 
tuted. 1 vol. 171 

Senate, how constituted. 1 vol. 172 
Provisions relating to. 1 vol. 172, 173 
Power of Congress. 1 vol. 174, 181 
Restrictions on the States. 1 vol. 175 
Executive power. 1 vol. 175 
Vested in the President. 1 vol. 175 
How elected. 1 vol. 176, 181 
Impeachment. 1 vol. 177 
Judicial power. 1 vol. 177, 181 
Treason. 1 vol. 178 
Records of the States. 1 vol. 178 
Rights of citizens of the States. 1 
vol. 178 



136 



CONTINENTAL. 



New States, how admitted. 1 vol. 178 

Territories. 1 vol. 179 

Guaranty to the States. 1 vol. 179 

Amendments to the Constitution, how 
made. 1 vol. 179 

Debts and engagements contracted be- 
fore the Constitution. 1 vol. 179 

Authority of the Constitution and laws 
of the Union. 1 vol. 179 

Who to be sworn to support it, 1 vol. 
179 

Ratification. 1 vol. 179 

Amendments. 1 vol. 181 

Resolution of the Legislature of South 
Carolina, respecting the amendments to 
the Constitution of the United States. 1 
vol. 183 

Articles of confederation inadequate. 
5 vol. 4 



CONSTITUTIONAL COURT. 
See Court of Kjrpeals. (Constitutional.) 



CONSUL. 

See French Consul. 



CONTAGIOUS DISTEMPERS. 
See Quarantine. 



CONTEMPT OF COURT. 

The party to be heard before he is com- 
mitted for a contempt of Court. 
642 

How punished. 7 vol. 171 



5 vol. 



CONTINENTAL CHARGES. 

Quota of South Carolina $373,598. 4 
vol. 525 

The amount of the said sum to be fur- 
nished in supplies for the army. 4 vol. 
525 

Commissioners to be appointed. 4 vol. 
525 

Duty of the Commissioners. 4 vol. 526 

To keep a regular account of their 
transactions, give certificates, &;c. 4 
vol. 526 

Vouchers to be produced to the Cover- 
nor for supplies furnished. 4 vol. 526 

Appropriation of monies received from 
sale of estates. 4 vol. 526 

Salaries of persons employed. 4 vol. 
526 

Paid by this State. 4 vol. 538 



CONTINENTAL MONEY. 

See Bills of Credit. 

Penalty for counterfeiting. 4 vol. 340 



CONTINENTAL REGIMENTS OF 
SOUTH CAROLINA. 

Six regiments raised in South Caroli- 
na, fl778.) 4 vol. 410 

All vagrants to be enlisted. 4 vol. 410 
Proceedings against them. 4 vol. 410 
Fire hunters deemed vagrants. 4 vol. 
411 

Bounty of lands to each soldier (1778) 
of the continental troops. 4 vol. 411 
Conditions. 4 vol. 411 
Lands between Tugaloo and Keowee 
reserved for such purpose. 4 vol. 411 

Regulations as to these regiments. 4 
vol. 412 

Commissioners appointed to determine 
cases of appeal by vagrants. 4 vol. 453 
Fine on Commissioners for refusing to 
accept or act. 4 vol. 453 

Vagrants may appeal. 4 vol. 453 
Duty of Commissioners. 4 vol. 454 
Penalty in case appeal is not sustained. 
4 vol. 454 

Commissioners's compensation. 4 vol. 
454 

Where and by whom vagrants to be 
tried. 4 vol. 454 

Soldiers exempted for one year from 
the operation of this Act. 4 vol. 454 

An Act for completing the six regi- 
ments raised in this State. Bounties to 
persons enlisting. 4 vol. 461 

Bounties allowed to those enlisting in 
them, (1779.) 4 vol. 502 

Disposal of recruits. 4 vol. 503 
Substitutes. 4 vol. 503 
Limitation to six rnonths. 4 vol. 504 
Raising troops, (1782.) 4 vol. 513 
Bounty to enlisted soldiers. 4 vol. 514 
Bounty to those who procure recruits. 
4 vol. 514 

Paying bounty for recruits. 4 vol. 514 
Examination of recruits. 4 vol. 514 
Bounty to extend to certain soldiers al- 
ready enlisted. 4 vol. 514 

Harbouring deserters. 4 vol. 514 
Governor to provide clothing for troops. 
4 vol. 515 

Bounty to recruits, (1783.) 4 vol. 549 
Sum to be paid for each recruit. 4 
vol. 549 



CONVENTION. 



137 



Former Acts not to extend to future 
enlistments. 4 vol. 550 

Confiscated property to pay the bounty 
for recruits. 4 vol. 550 

Penalty for concealing deserters. 4 
, vol. 550 

Bounty for apprehending deserters. 4 
vol. 550 



CONTRACT. 

Where one party to a joint contract is 
out of the State, the other may be sued 
alone ; provided, the plaintiff states in his 
declaration, that the person so omitted 
resides out of the limits of the State, and 
prove the same at the trial. 6 vol. 212 

The proceedings to have no effect so 
far as the party out of the State is con- 
cerned. 6 vol. 212 



CONTRACTS FOR SALE OF GOODS. 
For £10 or more, to be in writing. 2 
vol. 528 



CONVENTION OF THE STATE. 

An Act for calling a Convention of the 
State, passed at an extra session of the 
Legislature, immediately after the elec- 
tions, before the constitutional time for 
meeting. 1 vol. 309 

Polls to be opened, and who to vote. 
1 vol. 309 

Representation from the districts. 1 vol. 
810 

Powers of the Convention. (Note.) 1 
vol. 310 

Peport of the committee on the Act for 
calling the convention. 1 vol. 312 

Ordinance to Nullify certain Acts of 
Congress. 1 vol. 329 

Names of the members, 1 vol. 331 

Addresses by the Convention. 1 vol. 
334, 346 

Second Session of the Convention. 1 
vol. 377 

Mr. Leigh, commissioner from Virginia, 
received. 1 vol. 377 

His letter to the Governor, requesting 
on the part of Virginia, that South Caro- 
lina would rescind or suspend its late ordi- 
nance of Nullification. 1 vol. 377 

Letter from the Governor of Virginia. 
1 vol. 380 

Preamble and resolutions of Virginia. 1 
Vol. 381 

Correspondence between the commis- 
VOL. X— IS. 



sioner of Virginia and the authorities of 
South Carolina. 1 vol. 384 

Report of tlie committee on the com- 
munication of Mr. Leigh. 1 vol. 387 

Ordinance repealing the Ordinance and 
Acts of Nullification. 1 vol. 390 

Report of the convention on the media- 
tion of Virginia. 1 vol. 390 

Report of the committee on the orce- 
bill. 1 vol.394 

An ordinance to nullify the Force-bill. 
1 vol. 400 

The Act of Congress on the tariff, com. 

monly called the Compromise. 1 vol. 401 

Note by Dr. Cooper. 1 vol. 403 

Of South Carolina in 1719, and revolt 

from the Proprietory government. 1 vol. 

429 

Chief Justice Trott displaced by it and 
another elected in his room. 1 vol. 429 
In 1790, adopted the constitution of 
1790. 1 vol. 436 

Members and electors of members al- 
lowed all the privileges of members of the 
Assembly. 5 vol. 82 

Provision for paying members and offi-' 
cers. 5 vol. 82 

Members of the Convention of 1790, 
entitled to same privilege as members of 
the Legislature. 5 vol. 127 

Appropriation by the Legislature for 
the pay of members and officers of the State 
Convention. 6 vol. 455, 456 



CONVENTION OF THE UNITED 
STATES. 

Five Deputies or Commissioners, ap- 
pointed by the Legislature, to be commis- 
sioned by the Governor, to revise the 
Federal Constitution. 5 vol. 4 

Majority to report to Congress of the 
U. S. 5 vol. 4 

Provided, the State be not represented 
by less than two. 5 vol. 4 



CONVENTION BETWEEN NORTH 
AND SOUTH CAROLINA. 
Treaty settling the boundary between 
North and South Carolina. 5 vol. 667 



CONVENTION BETWEEN GEORGIA 
AND SOUTH CAROLINA. 
Between the State of Soutii Carolina 
and Georgia, for improving the naviga- 
tion of the Savannah and Tugaloo rivers.- 
1 vol. 422 



138 



CONVEYANCE. 



For ratifying and confirming a Conven- 
tion between the States of South Carolina 
and Georgia, concluded at Beaufort, in 
the State of South Carolina, on thu 28th 
day of April, 1787, and in the 11th year 
of the Independence of the United States 
of America. 1 vol. 411 



CONVICT. 

A convict person shall be marked with 
the letters M. or T. 2 vol. 455 

Penalty for bringing one into this State 
from foreign countries. 5 vol. 87 

Masters of vessels shall deliver, on oath, 
to the Collector, list of passengers. Oath 
prescribed. 5 vol. 87 

How fines and forfeitures recovered. 5 
vol. 88 

CONVEYANCE. 

See Land. Fraudulent Conveyances. 

The conveyance of lands first register- 
ed in the Register's office of Charleston, 
to be preferred to all other sales. 2 vol. 137 

Dower saved to widow. 2 vol. 137 

Bargains and sales by aliens, when va- 
Hd. 2 vol. 252 

All grants and conveyances, &c. to be 
good without attornment of tenants. 2 
vol. 434 

Proviso. 2 vol. 434 

How by common law, lands ought to 
be transferred from one person to another. 
2-vol. 466 

Several inconveniences ensuing by con- 
veyance of lands to uses, and by devising 
them by wills. 2 vol. 467 

Possession of lands shall be in him or 
them who have the use. 2 vol. 467 

Assurances made of divers to the use of 
one or some of them. 2 vol. 467 

Saving of the right of strangers. 2 vol. 
468 

Saving of the right of feofees to use. 2 
vol. 468 

Land assured to the use, that rent 
should be paid out thereof to some other. 
2 vol. 468 

A woman shall not have both a join- 
ture and dower of her husband's lands. 2 
vol. 468 

A woman shall be endowed, whose 
jointure is recovered. 2 vol. 469 

Women heretofore married, not to be 
prejudiced by this Act. 2 vol. 469 



11 



A jointure after marriage, may be taken 
or refused by the wife. 2 vol. 469 

This statute shall extinguish no statute, 
recognizance, or other bond. 2 vol. 469 

Wills made before the statute, or shortly 
after, how they shall be taken. 2 vol. 
470 

Cestuyque use may take all such advan- 
tages as his feoffees might have had. 2 
vol. 470 

None shall buy any pretensed right in 
any land unless the seller hath taken the 
profit thereof, one year before. 2"vol. 473 

Purchasing of a pretensed title- by him 
that is in possession is lawful. 2 vol. 473 

After 10th May 1709, any person un. 
der age of 21, being trustee, &c. may, by 
directions of the Courts of Chancery, or 
Exchequer, convey such lands, iScc. and 
such conveyance shall be good. 2 vol. 
546 

An infant, being trustee &;c, may be 
compelled to make such conveyance, &c. 
2 vol. 547 

To evade taxes, made void. 2 vol. 673. 

No conveyance of lands to be void, for 
want of attornment, livery of seisen, or en- 
rollment. 3 vol. 302 

Wives joining their husbands in mak- 
ing conveyances of their own lands, mode 
of proceeding. 3 vol. 302 

Conveyances heretofore made. 3 vol. 
303 

Further time given for recording of cer- 
tain conveyances and mortgages of land, 
and places of recording. 5 vol. 128 

Form prescribed. 5 vol. 255, 256 

Warranty to be inserted or not, as 
agreed on. 5 vol. 256 

Forms heretofore used still valid. 5 vol. 
256 

Wife may renounce her dower, and 
how. 5 vol. 256 

Form of renunciation. 5 vol. 256 

Wife may release her inheritance. 5 
vol. 257 

Mode of doing it. 5 vol. 257 

How to be proved and recorded in the 
counties where there were County Courts. 
(See Penman vs. Hunt, 2 Bay, 251.) 7 
vol. 232 

No deed to have effect to convey any 
right in lands, &c. unless made in writing, 
signed, sealed and recorded in the clerk's 
office of the county where the land lies. 
5 vol. 233 



CONVEYANCE. 



139 



Time allowed for recording — 1st. where 
the grantor is resident within the State at 
the execution, within 6 months from the 
execution ; 2nd. where resident in any 
other of the U. States, within 12 months ; 
3rd. if resident without the hmits of the 
U. States, 2 years. 7 vol. 233 

Deeds not recorded in such times, only 
to be valid against parties and their heirs, 
but void as to creditors or subsequent 
purchasers, witn deeds recorded as requir- 
ed abovq, 7 vol. 233 

No deed to be admitted to record, in 
any County Court, unless acknowledged 
or proved in such court, by the grantor in 
person, or otherwise, by proof of the exe- 
cution, to be made in open court, by the 
oath of two credible witnesses, at the 
least. 7 vol. 233 

Memorandum of livery and seisen made 
in deeds of feoffment, to be likewise ac- 
knowledged or proved and recorded with 
the deed, and such memorandum thus re- 
corded, shall be taken and deemed a suf- 
ficient livery and seizen. 7 vol. 233 

The above provisions are made by the 
45th sec. of the County Court Act, which 
section has been held to relate only to 
counties where county courts were estab- 
lished, and did not extend to other parts 
of the State. (Penman vs. Hunt, 2 Bay, 
251.) 

. A memorial of sales and conveyances, 
mortgages, marriage settlements, deeds 
of trust, of lands or slaves, of any person 
residing in the State, charged, incumber- 
ed or passed from one person to another, 
shall be registered in the Secretary's 
office. 7 vol. 233 

See the Act of 8th March, 1785, ante, 
vol. 3rd ; and that of 21st December, 
1792, vol. 5th, 203 

The memorial to contain the date of 
the deed, the names, pirnames and addi- 
tions of the parties, the consideration, the 
lands, where they lie, and the number 
and ages of the slaves. 7 vol. 234 



CONWAYBOROUGH. 

Additional Commissioners appointed to 
sell lots in. 5 vol. .509 

The Act requiring the proceeds of the 
lots to be applied to the building of a 
Court House and Goal, repealed, and tho 
money ordered to be put to interest, and 
the interest to be appropriated to tho odu- 



cation of poor orphan children, and the 
children of those who are unable to edu- 
cate them. 5 vol. 510 

COOK, JAMES 
Allowed to have his accounts audited 
against a confiscated estate, after the time 
hmited. 5 vol. 68 



COOPER, MR. 
His edition of the Statutes at Large of 
Great Britain. 1 vol. Preface, 6 



COOPER, DR. THOMAS. 

His communication to Gov. McDuffie, 
concerning this work. 1 vol. Preface. 

His Pretace. 1 vol. I 

Reasons for adopting the plan of this 
work. 1 vol. Preface, 3, 4 

His note on Magna Carta and its vari- 
ous promulgations. 1 vol. 72 

On Runnymede. 1 vol. 97 

His remarks on the various State ces- 
sions of lands to the U. S. 1 vol. 169 

His summary of South Carolina doc- 
trines on Federal relations. 1 vol. 203, 223 

His note on the extent of jurisdiction 
of a State Convention. 1 vol. 310 

His history and remarks on the boun- 
dary lines of the State. 1 vol. 404 



COOSAWHATCHIE. 
Court House and Goal for Beaufort Dis- 
trict removed to Coosawhatcnie. 5 vol. 7ti 



COPARCENARY. 
See Partition. 



COPY RIGHTS. 

Proprietors and authors of books to have 
the sole right of printing for 14 years, 
1784. 4 vol. 618 

Penalty for printing books without a 
licence from the author. 4 vol. 618 

Titles of books to be registered in the 
Secretary of State's office. 4 vol. 619 

Proviso. 4 vol. 619 

Books not to be sold at unreasonable 
prices. Proviso. 4 vol. 619 

Inventors of machines to have a like 
privilege. 4 vol. 620 

Persons may plead the general issue. 4 
vol. f>20 

Proviso. 4 vol. 620 

boi; constitution of U. States. Sec. 8th^ 



140 



CORONER. 



CORBIN, SAMUEL. 
Title to a certain tract of land vested in 
him. 6 vol. 145 



CORD. 

Of Firewood, 8 feet in length and 4 
feet in height. 3 vol. 501 

Wood not to be carried away before in- 
spection by wood-measurer. 3 vol. 501. 

Fee of wood-measurers. 3 vol. 501 



CORLEY, JOSHUA. 
The right of the State in certain slaves 
of Matthew Burden, deceased, vested in 
him. 6 vol. 461 

CORN. 

See Trading with a slave. 

In consequence of loss of crops of In- 
dian corn, the powder receiver and public 
treasurer to advance monies to commis- 
sioners, to enable them to import 50,000 
bushels of corn. 4 vol. 1 

To be paid for in bills payable in Lon- 
don. 4 vol. 2 

Commissioners may hire stores and 
sell corn to the poor, not exceeding two 
bushels per head. 4 vol. 2 

Persons applying to make oath that the 
corn is intended for the use of their own 
family. 4 vol. 2 

Corn imported not to be sold higher 
than will pay prime cost and charges. 4 
vol. 2 

Monies arising from the sale to be ap- 
plied to reimburse purchasing commission- 
ers, to replace the advances of the pow- 
der receiver and public treasurer. 4 vol. 2 

Any deficiency to be supplied by a tax 
to be laid. 4 vol. 2 

Larceny to steal the same from the 
field. 6 vol. 284 



CORN AND PEAS. 
Exportation prohibited. 2 vol. 634 



CORONER AND INQUESTS. 

His fees. 2 vol. 6 

Impowered to take inquests of felonies 
and other violent and casual deaths. 2 
vol. 270 

His oath. 2 vol. 270 

Jury of 14 men to be summoned. 2 
vol. 270 

Form of warrant. 2 vol. 270 



Penalties. 2 vol. 270 

Coroner shall swear jurors. 2 vol. 270 

Form of oath. 2 vol. 270 

Charge to jury. 2 vol. 271 

Proclamation made. 2 vol. 271 

Penalty on witnesses not appearing. 2 
vol.271 ' 

Form of inquisition. 2 vol. 271 

If the person be murdered by another 
known. 2 vol. 272 

If self-murder. 2 vol. 272 

If slain by misfortune. 2 vol. 272 

Coroner to make returns. 2 vol. 272 

His fees. 2 vol. 272 

No person supposed to have come to a 
violent death, to be buried without notice 
given to coroner. 2 vol. 272 

Person dying by bite of a rattle snake, 
coroner to view the body. 2 vol. 273 

Coroner to execute writs and processes. 
2 vol. 273 

Fines and forfeitures, how recovered. 
2 vol. 273 

Persons sued may plead the general 
issue and recover treble costs. 2 vol. 273 

His duty upon an inquisition found be- 
fore him. 2 vol. 482 

Penalty for omitting his duty. 2 vol. 
483 

Where certified of dead body of any 
supposed to have come to a violent and 
untimely death, in his county, he shall 
make out a warrant, directing any con- 
stable to summon enough for a jury of 
twelve, at a certain time and place. 5 
vol. 307 

Constable failing to execute and return 
such warrant, to pay ten dollars. 5 vol. 
307 

Any one warned as juror, and failing, 
to ferfeit ten dollars, unless excused by 
the Coroner and a justice of the peace. 

5 vol. 307 

All free white persons of 21 and up- 
wards, as well bystanders as others, who 
may be convenient, whether freeholders 
or not, to serve as jurors on Coroner's 
Inquests. 5 vol. 331 

If one is summoned and neglects or 
refuses to serve, he shall pay a penalty 
of ten dollars, unless excused by the Cor- 
oner. 5 vol. 331 

And their deputies, before qualified to 
act in his ofiice, to take an oath to en- 
force the Act of 1816, against gaming. 

6 vol. 27 



CORPORATIONS. 



141 



To be appointed by joint resolution of 
the Legislature. 6 vol. 164 

If any vacancy occur during the re- 
cess of the Legislature, the Governor to 
fill it, which appointment shall continue 
until the end of the next session of the 
Legislature, and until a successor shall 
be appointed. 6 vol. 164 

Before entering upon the duties of their 
office, shall give bond, with sufficient 
sureties, in the sum of $2,000, except 
the Coroner of Charleston, who shall 
give bond in $3,000, which bonds, after 
being approved of as Sheriff's bonds are, 
shall be deposited in the Treasurer's office 
of the upper or lower division. 6 vol. 
164 

All Coroners appointed by the Legisla- 
ture shall hold office for four years, and 
until a successor shall be appointed and 
enter upon the duties of his office. 6 
vol. 164 

The Governor to commission Coroners, 
when they have given bond as required 
by this Act. 6 vol. 164 

No Coroner to hold any office under 
the Sheriff, and shall vacate his office if 
he accepts any such appointment ; and 
the Governor may fill the vacancy upon 
application, to continue of force until 
another is made by the Legislature. 6 
vol. 164 

Coroner may commit prisoners to goal, 
and all power necessary to carry this pro- 
vision into effect, is also given. 6 vol. 
164 

The Sheriff of each district shall set 
apart and allot to the Coroner, a com- 
modious room in the gaol, for the con- 
finement of all persons legally within the 
custody of such Coroner, over which the 
Coroner shall exercise exclusive jurisdic- 
tion and control. 6 vol. 262 

To serve all process for and against 
the City Sheriff' of Charleston, and to 
have the same fees for serving processes 
in civil cases as are allowed to the city 
sheriff. 6 vol. 329 

It shall be the duty of any sheriff or 
coroner, in whose hands a tax execution 
shall he placed by a tax collector, to col- 
lect and pay over the amount for which 
execution shall issue, to the treasurer 
within whose division he may reside, 
within six months from the time he shall 
receive the same ; and in default thereof, 



it shall be the duty of the treasurer to 
issue against such sheriff or coroner, for 
the whole amount expressed in such exe- 
cution, with interest thereon, at the rate 
of five per cent per month, from the time 
he should have paid tlie same ; provided, 
that sheriffs and coroners be allowed cre- 
dit for nulla ^owa executions, as hereto- 
fore. 6 vol. 401 

To serve process where Sheriff is inter- 
ested. 7 vol. 215 

For St. Philip and St. Michael, to be 
annually elected by the City Council of 
Charleston. 7 vol. 138 

Their jurisdiction confined to their 
counties. 7 vol. 181 

May be appointed and removed by 
justices of the county courts, and fined 
for misconduct. 7 vol. 181 

For neglecting to make return of exe- 
cutions in his liands, according to law, to 
forfeit not less than $40 nor more than 
$200, to any body who shall sue for the 
same, besides sulTering other pains and 
penalties ; provided, he be not compelled 
to return executions lodged to bind pro- 
perty, and so marked. 7 vol. 296 

May qualify before any two justices of 
the quorum of his district. 7 vol. 298 



CORPORATIONS., 

All bodies corporate may sue their 
members for all arrears or other debts 
owing them, as they may sue any other 
person. 8 vol. 175 

The Town Council of all incorporated 
towns and villages empowered to collect 
the taxes from all persons representing 
publicly, within their limits, for gain or 
reward, any plays or shows, of any kind, 
which have hitherto been payable to the 
clerk of the court of each district, for 
the purposes of the corporation. 6 vol. 
532 

The principles on which companies 
shall be incorporated for constructing fer- 
ries, bridges and roads. See Camjmnies. 
Abbeville School Association. 8 vol. 448, 

450 
Abee Yetomim Ebne Ebyonim, or socie- 
ty for relief of orphans and indigent 

children. 8 vol.216, 257 
Agricultural and Police Society of St. 

Andrew's parish. 8 vol. 266 
Agricultural Society of St. John's Colle- 

ton. 8 vol. 328 



142 



CORPORATIONS. 



Agricultural Society of South Carolina. 
8 vol. 187 

Agricultural Wine and Silk Company. 8 
vol. 346 

Alexandria College, Pinckney district. 8 
vol. 198 

All Saints Light Dragoons. 8 vol. 367 

American and German Trading and In- 
surance Company. S vol. 421 

American Friendly Association. 8 vol. 
326 

American Literary Company. 8 vol. 450 

American Revolution Society. 8 vol. 320 

Anderson Male and Female Academy. 6 
vol. 534, 537 

Antioch Baptist Church of Darlington. 8 
vol. 369 

Antioch Methodist Church of Chester- 
field. 8 vol. 372 

Antipcedo Baptist Church, Georgetown. 8 
vol. 213, 267, .353 

Associate Church, Little River Congre- 
gation. 8 vol. 345 

Associate Reformed Society of Ebenezer, 
in Fairfield. 8 vol. 336 

Associate Reformed Synod of South Car- 
olina. 6 vol. 534 

Association of Mechanics and Manufac- 
turers of Cheravv. 8 vol. 322 

Association of Second Presbyterian 
Church in Charleston. 8 vol. 392 

Atlantic Steam Packet Company. 8 vol. 
386 

Baptist Bethel Church. 8 vol. 223 

Baptist Church of Flat Rock. 8 vol. 448 

Baptist Church at Mechanicsville. 8 vol. 
283 

Baptist Church at Turkey Creek. 8 vol. 
139 

Baptist Church at Welche-Neck. 8 vol. 
127 

Baptist Church between South Edisto and 
Savannah river. 8 vol. 134 

Baptist Church of Ebenezer, JeffVies's 
Creek. 8 vol. 164 

Baptist Church in Charleston. 8 vol. 119 

Baptist Church of Antioch. 8 vol. 234 

Baptist Church of Beaufort. 8 vol. 223 

Baptist Church of Christ, in Georgetown, 
South Carolina. 8 vol. 353 

Baptist Church of Christ, at Healing 
Springs. 8 vol. 223 

Baptist Church of Christ, of Darlington. 
8 vol. 372 

Baptist Church of Christ, on Gland's 
Creek. 8 vol. 215 



Baptist Church of Christ, on Little Ste^ 

phen's Creek. 8 vol. 215 
Baptist Church of Bethel, Claremont 

county. 8 vol. 329 
Baptist Church of Camden. 8 vol. 271 
Baptist Chuch of Edisto. 8 vol. 326 
Baptist Church of Little River, Abbe- 
ville district. S vol. 448 
Baptist Church of Siloam. 8 vol. 458 
Baptist Church of Sumterville. 8 vol. 32& 
Baptist Church on Cheraw Hill. 8 vol. 

127 
Baptist Church on High-hills of Santee. 

8 vol. 126 
Baptist Church on Home's Creek, Edge- 
field. 8 vol. 156 
Baptist Fellowship Church. 8 vol. 364 
Barnwell Baptist Church of Christ. 8 voK 

224 
Barnwell Female Academy. 8 vol. 226, 

448 
Barnwell Rail Road Company. 8 vol. 422 
Beach Branch Baptist Church. 8 vol.'326 
Beaufort Agricultural Society. 8 vol. 349 
Beaufort Artillery Society. 8 vol. 313 
Beaufort College. 8 vol. 189 
Beaufort Female Benevolent Society. 8 

vol. 274, 373 
Beaufort Library Society. 8 vol. 244, 

315,455 
Beaufort Male Benevolent Society. 8 

vol. 456 
Beaufort Society. 8 vol. 135 
Beaufort Volunteer Guards. 8 vol. 337 
Beaver Dam Baptist Church. S vol. 266 
Benevolent Society in Charleston. 8 vol. 

305 
Benevolent Societ)' of Presbyterian 

Church in Charleston. 8 vol. 320 
Bennettsville Baptist Church. 8 vol. 376 
Bersheba Circulating Library Society. 8 

vol. 266 
Bethany Church. 8 vol. 250 
Bethel Academy. 8 vol. 295, 306 
Bethel Baptist Church in Edgefield. 8 vol. 

345 
Bethel Church, WinnsboroHgh. 8 vol. 329 
Bethel Circulating Library Society. 8 vol. 

287 
Bethesda Baptist Church of Kershaw. 8 

vol.372 
Bethlehem Baptist Church of Edgefield. 

8 vol. 366 
Bivingsville Cotton Manufacturing com- 
pany. 8 vol. 458, 463 
Black Swamp Academy. 8 vol. 299 



CORPORATIONS. 



143 



Black Swamp Baptist Church of Saint 

Peter's. S vol. 372 
Blackville Academy. 8 vol. 383 
Board of Trustees for aid of the poor. 

6 vol. 534 
Boiling Springs Academical Society. 8 

vol. 328 
Botanic Society of South Carolina. 8 

vol. 226 
Braxton's Bridge Company. 8 vol. 438 
Broad-mouth Baptist Church. 8 vol. 457 
Broad River Bridge Company, 9 vol. 

553, 557 
Buckhead Bridge Company. 8 vol. 337. 
Buck Spring Academy of St. George's 

Dorchester. S vol. 344 
Buck Spring Library Society. 8 vol. 352 
Buck Swamp Baptist Church. 8 vol. 

369 
Buffaloe Baptist Church. 8 vol. 329 
Calhoun Hussars of Saint Peter's. 8 vol. 

392 
Calvinistic Church of French Protestants. 

8 vol. 122 
Cambridge Association. 8 vol. 233, 374 
Cambridge Baptist Church. 8 vol. 234 
Cambridge Library Society. 8 vol. 280 
Camden Bridge Company. 8 vol. 339, 

340, 347. 9 vol. 603, 607, 608 
Camden Independent Fire Engine Com- 

pany. 8 vol. 366, 368 
Camden Jockey Club. 8 vol. 450 
Camden Library Society. 8 vol. 233 
Camden Mechanic Society. 8 vol. 266 
Camden Orphan Society. 8 vol. 142 
Camden Protestant Episcopal Church. 8 

vol. 249 
Camden Steam Boat Company. 6 vol. 

536 
Camden Turnpike Company. 9 vol. 577 
Camp-creek Methodist Church of Lan- 
caster. 8 vol. 38] 
Carpenters's Society of Charleston. 8 

vol. 248. 
Catawba and Wateree Company- 5 vol. 

96, 97, 701, 727. 6 vol. 62. 7 vol. 

549, 550, 557 
Catholic Society. 8 vol. 115 
Catholic Society of South Carolina. 8 

vol. 325 
Cedar Shoal Baptist Church. 8 vol. 

364 
Cedar Spring congregation. 8 vol. 325 
Charitable Society of Cadet Riflemen. 

8 vol. 450 



Charitable Society of Charleston Rifle- 
men. 8 vol. 304 

Charitable Society of Irish Volunteers, 
Charleston. 8 "vol. 326 

Cedar Springs Male and Female Aca- 
demies. 8 vol. 336 

Charleston and Columbia Steam Boat 
Company. 8 vol. 320 

Charleston and Liverpool Line Packet 
Company. 8 vol. 418 

Charleston and Philadelphia Steam Pack- 
et Company. 8 vol. 429, 437 

Charleston Ancient Artillery Society. 8 
vol. 248, 330 

Charleston Apprentices's Library Society. 
8 vol. 335 

Charleston Assemblies. 8 vol. 297 

Charleston Bridge Company. 9 vol. 434, 
449, 601 

Charleston Benevolent Society. 8 vol. 
352 

Charleston Bible Society. 8 vol. 349 

Charleston Catholic Book Society. 8 
vol. 325 

Charleston Chamber of Commerce. 8 
vol. 330 

Charleston College. 8 vol. 367, 450 

Charleston Cotton Seed Oil Manufactu- 
ring Company. 8 vol. 404 

Charleston Fire and Marine Insurance 
Company. 8 vol. 293, 303, 367 

Charleston Fire Company. 8 vol. 305 

Charleston Fire Engine Company. 8 vol. 
349 

Charleston Fire Company of Axemen. 8 
vol. 269, 353 

Charleston Fire Insurance Company. 8 
vol. 259 

Charleston Firemen's Benevolent Asso- 
ciation. 8 vol. 376 

Charleston Friendly Society of Grocers. 
8 vol. 318 

Charleston, Geogetown and All Saints 
Rail Road Company, 8 vol. 472 

Charleston Hotel Company. 8 vol. 436 

Charleston Insurance and Trust Compa- 
ny. 8 vol. 432 

Charleston Insurance Company. 8 vol. 
196 

Charleston Library Society. 8 vol. 107 

Charleston Marine Society. 8 vol. 240, 
295 

Charleston Mechanic Society. 8 vol. 200, 
217, 286 

Charleston Medical Society of Emula- 
tion. 8 vol. 345 



144 



CORPORATIONS. 



. 8 vol. 205, 

8 vol. 284 
, 8 vol. 320 
9 vol. 512, 

vol. 352 
of Cheraw. 



8 vol. 



8 vol. 



Charleston Neck Society. 8 vol. 257 
Charleston New Theatre Company. 8 

vol. 459 
Charleston Port Society, for promoting 

Gospel among Seamen. 8 vol. 328 
Chaj"leston Protestant Episcopal Domes- 
tic Female Missionary Society. 8 vol. 
3G7 
Charleston Turnpike and John's Bridge 

Company. 9 vol. 450 
Charleston Theatre. 8 vol. 288 
Charleston Typographical Society. 8 vol. 

451 
Charleston Vigilant Fire Engine Com- 
pany. 8 vol. 329 
Charleston Water Company 

242, 34S 
Chatham Library Society. 
Cheraw Academical Society, 
Cheraw Bridge Company. 

543 
Cheraw Literary Society. 8 
Cheraw Presbyterian Society 

8 vol. 369 
Cheraw Steam Boat Company. 

332, 437 
Chesterfield Academy. 8 vol. 352 
Chesterville Academy Society. 

296 
Chesterville Baptist Church. 8 vol.448 
Christ Church, Wiltown. 8 vol. 448 
Church of Christ, at Echaw. 8 vol. 139 
Church of the Holy Trinity in Saint 

Luke's. 8 vol. 392 
Cincinnati and Charleston Rail Road 
Company. 8 vol. 406, 409, 431, 484 
Cincinnati Society of South Carolina. 8 

vol. 334 
City Council of Charleston and Com- 
missioners of Cross Roads. 8 vol. 333 
Claremont Society at Statesburgh. 8 vol. 

1.54 
Claremont Library Society. 8 vol. 270 
Clarendon Troop of Cavalry. 8 vol. 392 
Clarendon Orphan Society. 5 vol. 337 
Clariosophic Society. 8 vol. 319, 347 
Clark and Erskine Seminary. 8 vol. 457 
Clerks's Association of Charleston. 8 vol. 

349 
Cokesbury Manual Labor School of the 
South Carolina Conference of the Me- 
thodist Episcopal Church. 8 vol. 392 
Cokesbury School at Cokesbury, Abbe- 
ville district. 8 vol. 407, 450 
Columbia Academy. S vol. 193 
Columbia Baptist Church. S vol. 223 



Columbia Bridge Company. 8 vol. 306^, 
9 vol. 496, 497, 523, 530, 571 

Columbia Hebrew Benevolent Society. 8 
vol. 392 

Columbia Independent Fire Engine Com- 
pany. 8 vol. 455 

Columbia Librar)' Society. 8 vol. 233, 
242 

Columbia Rail Road Companr. 8 vol. 
382 

Columbia Jockey Club. 6 vol. 534 

Columbia Steam Boat Company. 6 vol. 
535 

Company to improve Edisto and Ash- 
ley rivers. 7 vol. 546 

Company for opening navigation of Broad 
and Pacolet. 7 vol. 558, 576 

Company for opening a canal from Black 
River to Chappell Bridge. 8 vol. 209 

Concord Presbyterian Church. 8 vol. 
304 

Congaree and Santee Steam Boat Com- 
pany. 8 vol. 300, 436 

Congregational Church, Christ Church 
Parish. 8 vol. 448 

Congregational Church of Wappetaw. 8 
vol. 325 

Cooper River Bridge Company. 9 vol. 
444, 445 

Coosawhatchie Baptist Church. 8 vol. 
376 

Coosawhatchie Baptist Church Society. 
8 vol. 248 

Coronaca Circulating Library Society. 8 
vol.271 

Darlington Academy. 8 vol. 330 

Darlington Presbyterian Church. 8 vol. 
392 

Deacons and Elders of Saint Paul. 6 
vol. 534 

De La Howe's will and trustees. 8 vol. 
347, 348 

Diamond Hill Library Society, 8 vol. 
350 

Dockon and Wapahoola Rail Road Corn- 
Company. 8 vol. 380 

Durham Creek Rail Road Company. 8 
vol. 395 

Ebenezer Academy. 8 vol. 320 

Ebenezer Lutheran Church of Columbia. 
Svol. 366 

Echaw Church in Saint James's Parish, 
rish, Santee. 8 vol. 128 

Edgefield Academy. 8 vo. 326 

Edgefield and Hamburg Turnpike Com- 
pany. 8 vol. 368 



CORPORATIONS. 



145 



Edgefield Farmers's Society. 8 vol. 346 

Edgefield Female Academy. 8 vol. 393 

Edgefield Rail Road Company. 8 vol. 
396, 408 

Edgefield Village Female Academy. 8 
vol. 392. 

Edgehill Academy of Sumter district. 8 
vol. 392 

Edisto Island Academical Association. 8 
vol. 366 

Edisto Island Auxiliary Association. 8 
vol. 331 

Edisto Island Ferry Company. 8 vol. 
345 

Elam Baptist Church of Darlington. 8 
vol. 367 

Elizabeth Baptist Church of Chesterfield. 
8 vol. 349 

Emerald Isle Benevolent Society, Charles- 
ton, 8 vol. 372 

Episcopal Church of All Saints. 8 vol. 
318 

Episcopal Church of Christ Church, Green- 
ville. 8 vol. 366 

Episcopal Church of Christ Church pa- 
rish. 8 vol. 140 

Episcopal Church of Claremont. 8 vol. 
144 

Episcopal Church of Columbia* 8 vol. 
268 

Episcopal Church of Edisto Island. 8 
vol. 178, 320 

Episcopal church, Grace church. 8 vol. 
310 

Episcopal church of Lower Saint Marks. 
8 vol. 304 

Episcopal church of Prince George Win- 
yaw. 8 vol. 145, 287, 315 

Episcopal church of Saint Bartholomew. 
8 vol. 137 

Episcopal church of St. George Dorches- 
ter. 8 vol. 149 

Episcopal church of Saint Helena. 8 vol. 
137 

Episcopal church of Saint Helena Island. 
8 vol. 145, 284 

Episcopal church of Saint James Goose 
Creek. 8 vol. 145, 268 

Episcopal church of Saint John's. 8 vol. 
186 

Episcopal church of Saint John's Colle- 
ton. 8 vol. 137 

Episcopal church of Saint Luke's. 8 vol. 
145, 368 

Episcopal church of Saint Matthew's. 8 
vol. 145 

VOL. X— 19. 



Episcopal church of St. Michael, Charles- 
ton. 8 vol. 130, 168 

Episcopal church of Saint Paul's. 8 vol. 
239 

Episcopal church of Saint Paul's, Pen- 
dleton. 8 vol. 332 

Episcopal church of Saint Paul's, Rat- 
cliff'boroagh. 8 vol. 272, 365 

Episcopal church of St. Philip, Charles- 
ton. 8 vol. 130, 168 

Episcopal church of Saint Stephen. 8 
vol. 145 

Etna Fire Engine company. 8 vol. 366 

Euphradian Society. 8 voh 319, 341 

Fairfield Broad River Academy. S vol. 
336 

Fairview Academy of Greenville. 8 vol. 
372 

Farmers's Society of Barnwell. 8 vol. 344 

Fellowship Society. 8 vol. 112, 255, 365 

Female Benevolent Society, Society Hill. 
8 vol. 283 

Fire company of Charleston Neck. 8 vol 
295 

First Baptist church of Columbia. 8 vol 
366 

First Cheraw Fire Engine company. 8 
vol. 366, 368 

First Creek Baptist church. 6 vol. 524 

First Presbyterian church of Columbia. 
8 vol. 265, 337 

First Universalist church of Charleston. 
8 vol. 450 

Fishing Creek Circulating Library Socie- 
ty. 8 vol. 274 

Forensic Club. 8 vol. 344 

Fork Shoal Library Society. 8 vol. 326 

Franklin Debating Club. 8 vol. 349 

Franklin Library Society of Charleston. 
8 vol. 267, 353 

Franklin Library Society of Fairfield. 8 
vol. 263 

Franklin School House Society. 8 vol. 
312 

Frederician church, on Cattle Creek. 8 
vol. 144 

Free Masons's Hall Company. 8 vol. 
264, 351 

Free School of Saint George Dorchester 
8 vol. 151, 293 

French Fusileer Charitable Society. 8 vol. 
392 

French Protestant church in Charleston. 
8 vol. 351 

French Volunteers. 8 vol. 392 



146 



CORPORATIONS. 



Friendly Cambridge Society in Ninety. 

six district. 5 vol. 67. 8 vol. 142 
Friendly Library Society of Pendleton. 8 

vol. 3.52 
Friendship Baptist ChHrch of Christ in 

Spartanburg. 8 vol. 224 
Friendship Methodist Church. 8 vol. 364 
Gapway Antipoedo Baptist Church. 8 vol. 

250 
General Committee for Charleston Bap- 
tist Association Fund. 8 vol. 175 
General Trustees of the Roman Catholic 

Church of South Carolina. 8 vol. 333 
General Mining Company of South Caro- 
lina. 8 vol. 438 
Georgetown Fire Company. 8 vol. 203 
Georgetown Ladies\s Benevolent Society. 

8 vol. 284 
Georgetown Library Society. 8 vol. 210 
Georgetown Rifle Guards. 8 vol. 349 
Germsn Calvinistic Church of St. John. 

8 vol. 144 
German Friendly Society. 8 vol. 173 
German Fusileer Society. 8 vol. 240, 306, 

382 
German Lutheran church of Bethel. 8 

vol. 144 
German Lutheran church of Bethlehem. 

8 vol. 144 
German Lutheran church of Mount Zion. 

8 vol. 144 
German Lutheran church of St. George. 

8 vol. 144 
German Lutheran church of St. Jacob. 8 

vol. 144 
German Lutheran church of St. Martin. 

8 vol. 144. 
German Lutheran church of St. Matthew. 

8 vol. 144 
German Lutheran church of St. Peter. & 

vol. 144 
German Lutheran church of Salem. 8 vol. 

144 
German Lutheran congregation of Saint 

John. 8 vol. 186 
German Protestant church, dedicated to 

Queen Charlotte, on Slippery creek. 8 

vol. 144 
German Protestant church of Appii Fo- 

rum. 8 vol. 144 
German Protestant church of Betheny. 8 

vol. 144 
German Protestant church of St. George. 

8 vol. 144 
Gilgal Baptist church of Edgefield district. 

8 vol. 341 



Glen's Springs Company. 8 vol. 457 

Goose Creek Baptist church. 8 vol. 352 

Governor's Guards. 8 vol. 462 

Grace Church, Camden. 8 vol. 369 

Grahamville School Academy. 8 vol. 369 

Grand Encampments of Knight Templars, 
and the Appendant Orders of the State 
of South Carolina. 8 vol. 350 

Grand Lodge of South Carolina. 8 vol. 
272 

Grand Lodge of Society of Free and Ac- 
cepted Masons. 8 vol. 171, 184 

Grand Lodge of Ancient Free Masons of 
South Carolina. 8 vol. .301, 365, 373 

Grand Lodge of State of South Carolina 
Ancient York Masons. 8 vol. 170 

Grand Royal Arch Chapter of South 
Carolina. 8 vol. 297 

Great Peedee Church in Marlborough dis- 
trict. 8 vol. 381 

Greenville Academy. 8 vol. 312 

Greenville Academies. 8 vol. 448 

Greenville Baptist Church. 8 vol, 381 

Greenville Jockey Club. 8 vol. 458 

Greenwood Association. 6 vol. 536. 8 
vol. 450 

Hamburg Turnpike Company. 9 vol. 577 

Hamburg Library Society. 8 vol. 376 

Hardy's Meeting. 8 vol. "280 

Hay's Station Monument Association. 8 
vol. 392. 

Head of Enoree Baptist Society. 8 vol. 
204 

Hebrew Benevolent Society of Charles, 
ton. 8 vol. 369 

Hibernian Society. 8 vol. 233, 298 

Hillsville Cotton and Woollen iVlanufac- 
turing company. 8 vol. 437 

Home Mission Bo'ird of the Moriah Bap- 
tist Association. 8 vol. 381 

Hopewell Presbyterian Congregation. 8 
vol. 328 

Horeb Congregation, Fairfield. 8 vol. 372 

Horticultural Society of Charleston. 8 
vol. 369 

Independent Calvinistic Church of Charles- 
ton. 8 vol. 134 

Independent Congregational Church of 
Charleston. 8 vol. 119 

Independent Church of Beaufort. 8 vol. 
223 

Independent Church in Christ Church Pa- 

• rish. 8 vol. 134 

Indian Land Library Society. 8 vol. 285 
Inspectors General of Thirty. third De- 
gree. 8 vol. 332 



CORPORATIONS. 



147 



Insurance Company of Columbia, South 

Carolina. 8 vol. 389 
Iron bteam Boat Company. 6 vol. 536 
Jackson Grove Methodist Church of 

Greenville. 8 vol. 372 
Jackson Guards. 8 vol. 375 
Jefferson Monticello Society. 8 vol. 214, 

353 
Jewish Congregation of Charleston, call- 
ed Beth Eloihim, or House of God. 8 

vol. 162 
John's Island Presbyterian Congregation. 

8 vol. 127 
John's Island Society. 8 vol. 121, 324 
John's Island Society, of Saint John's 

Colleton. 8 vol. 2n 
King's Mountain Iron Company. 8 vol, 

437 
Ladies's Benevolent Society, S vol. 270, 

373 
Ladies's Society Charity School. 8 vol. 

296 
Ladies's Ursuline Community of Charles- 
ton. 6 vol. 584 
Lancaster Turnpike Company. 9 vol. 577 
Lake Swamp Baptist Church. 8 vol. 364 
Laurens Library Society. 8 vol. 270 
Laurens Masonic Society. 8 vol. 298 
Laurensville Male and Female Academy. 

8 vol. 369 
Lexington Library Society. 8 vol. 320 
Library Society of Edisto Island. 8 vol. 

329 

Library Society of James Island. 8 vol. 

456 
Library Society of Society Hill. 8 vol. 

330 

Liberty Spring Church of Laurens. 8 vol. 
345 

Lime Stone Spring Company. 6 vol. 534 
8 vol. 451 

Literary and Philosophical Society of 
South Caroliua. 8 vol. 270 

Lodabar Academy. 8 vol. 285 

Long Cane Associate Reformed Congre- 
gation. 8 vol. 367 

Louisville, Cincinnati and Charleston Rail 
Road Company. 8 vol. 96, 406, 409, 
431, 484 

Lutheran Congregation of St. Peter. 8 

vol. 186 
Lutheran Church of German Protestants. 

8 vol. 126 
Lutheran Synod- 8 vol. 346 
Marion Academy. 8 vol. 300, 368 



Marion Academy Society. 8 vol. 263, 
367 

Marion Philomatic Society. 8 vol. 214 

Marlborough Academy. 8 vol. 214 

Master Tailor's Society. 8 vol. 132, 247 

May River Baptist Church of St. Luke's. 
8 vol. 392 

Mechanic Society of Beaufort. 8 vol, 364 

Mechanics's Society of Hamburg. 8 vol, 
336 

Medical College of South Carolina. 8 
vol. 371, 379 

Medical Society of South Carolina. 8 vol. 
183, 332, 393 

Members of the Lebanon Church. 6 vol. 
534 

Merchants's Steam Boat Company. S 
vol. 437 

Methodist Benevolent Society of Charles- 
ton. 8 vol. 369 

Methodist Benevolent Society of the Me- 
thodist Episcopal Church in Charles, 
ton. 8 vol. 392 

Methodist Charitable Society. 8 vol. 262 

Methodist Church of Christ Church Pa- 
rish. 8 vol. 305 

Methodist Church of Georgetown. 8 vol, 
283 

Methodist Church of Monticello. 8 vol. 
304 

Methodist Episcopal Church of Charles- 
ton. 8 vol. 139 

Methodist Episcopal Church at Sardis. 8 
vol. 266 

Methodist Episcopal Church at Smyrna, 
in Abbeville district. 8 vol. 381 

Methodist Episcopal Church of York dis, 
trict. 8 vol. 392 

Methodist Episcopal Society of Britton's 
Neck. 8 vol. 369 

Methodist Female Friendly Association. 
8 vol. 296 

Methodist Protestant Church in Charles^, 
ton. 8 vol 392 

Metropolitan Rail Road Company. 8 vol. 
464 

Milford Baptist Church of Greenville dis- 
trict. 8 vol, 376 

Minerva Society. 8 vol. 215, 393 

Monticello Academy. 8 vol. 298 

Monticello Planters's Society of Fairfield, 
8 vol. 456 

Mount Ariel Academy Society. 8 vol. 352 

Mount Bethel Academy. 8 vol. 248 

Mount Bethel Church.' 8 vol. 270 



148 



CORPORATIONS. 



Mount Carrael Female Academy. 8 vol. 

456 
Mount Clio Academy. 8 vol. 284, 285 
Mount Olivet Presbyterian Church. 8 vol. 

266 
Mount Pisgah Baptist Church. 6 vol. 534, 

8 vol. 269 
Mount Pleasant Academy. 8 vol, 254, 

259 
Mount Sion Congregation at Winnsbo- 

rough. 8 vol. 139 
Mount Sion Society. 8 vol, 114 
Mount Zion Baptist Church, Spartan- 
burgh. 8 vol. 457 
Mount Zion Congregation, 8 vol. 250 
Mutual Insurance Company in Charles- 
ton. 8 vol. 195 
NeaPs Creek Baptist church. 8 vol. 372 
Nesbitt Iron manufacturing company. 6 

vol. 537, 8 vol. 451, 453 
Newberry Academy. 8 vol. 250, 392 
Newberry Baptist church. 8 vol. 372 
Newberry Library Society. 8 vol. 315 
Newberry Literary Society. 8 vol, 244 
New England Society. 8 vol. 317 
New Hope Baptist church. 8 vol. 364 
New Prospect Baptist church. 8 vol, 457 
Ninety-nine Island Bridge company. 8 

vol. 437 
Northern Volunteers. 6 vol. 534 
Orangeburgh Academical Society. 8 vol. 

283 
Orangeburgh Medical Society. 8 vol. 392 
Palmetto Society. 8 vol. 247 
Pendleton Academy, 8 vol. 345 
Pendleton Circulating Library. 8 vol. 261, 

271 
Pendleton Farmers's Society. 8 vol. 283 
Pendleton Female Academy. 8 vol. 321, 
> 352 

Pendleton Jocky Club, 6 vol. 534 
Pendleton Manual Labor School. 8 vol. 

392 
Pendleton Manufacturing Company. 8 

vol, 463 
Peedee Steam Boat company, 8 vol. 305 
PhcEnix Fire Engine company of Char- 
leston. 8 vol. 349 
Philharmonic Society of South Carolina. 

8 vol, 257 
Philosophical and Classical Seminary of 

Charleston, 8 vol, 339 
Pinevillc Academy, 8 vol. 225, 2G8 
Pmeville Library Society. 8 vol. 301 
Pipe Creek Baptist church of Saint Pe- 
ter's. 8 vol, 372 



Pipe Creek church of Regular Baptists. 

8 vol. 139 
Planter's and Merchants's Steam Boat 

company of Cheraw. 8 vol. 458 
Piatt Springs Academy. 8 vol. 366, 367 
Pleasant Grove Baptist church, Green. 

ville, 8 vol, 457 
Pleasant Hill Methodist Episcopal church 

of Chesterfield District. 8 vol, 369 
Poor Ministers Fund Society. 8 vol. 457 
Poplar Springs Baptist church of Laurens 

District, 8 vol. 369 
Port Republic Bridge company, 8 vol, 182 
Presbyterian church at Aimwell. 8 vol. 

164 
Presbyterian church of Beaufort. 8 voU 

267 
Presbyterian church of Caintroy. 8 vol. 

119 
Presbyterian church of Charleston, 8 vol. 

126 
Presbyterian church of Concord, Surnter 

District 8 vol. 456 
Presbyterian church on Edisto Island. 8 

vol. 126, 177 
Presbyterian church on Fishing Creek. 8 

vol.' 134 
Presbyterian church of Hopewell. 8 vol, 

164 
Presbyterian church of Indian Town. 8 

vol." 144 
Presbyterian church of James's Island, 8 

vol, 127 
Presbyterian church of Lebanon, 8 vol, 

164 
Presbyterian church of Rocky River, 8 

vol." 317 
Presbyterian church of Saint John's Is- 
land and Wadamalaw, 6 vol, 534. 8 

vol. 450 
Presbyterian church of Salem. 8 vol. 119 
Presbyterian church of Sumterville, Sum- 

ter District. 8 vol. 456 
Presbyterian church at Wiltown, 8 vol. 

126, 136 
Presbyterian church of Bethel. 8 vol, 119 
Presbyterian church of Bethesda. 8 vol. 

310 
Presbyterian Congregation of Greenville. 

8 vol, 139 
Presbyterian Congregation of Hopewell. 

8 vol, 352 
Presbyterian Congregation of Hopewell, 

in Long Cane Settlement, 8 vol. 144 
Presbyterian Church in Prince William's 

Palish. 8 vol. 127 



CORPORATIONS. 



149 



Presbyterian Congregation of Purysburg. 
8 vol. 155 

Presbyterian Congregation of Winnsbo- 
rough. 8 vol. 139 

Presbyterian Mount Zion Church of Sa- 
lem. 8 vol. 350 

Presbyterian or Congregational Church 
on Bullock's Creek. 8 vol. 126 

Presbyterian Upper Long Cane Congre- 
gation. 8 vol. 139 

Primitive Methodists of Ebenezer Church, 
Georgetown. 8 vol. 178 

Primitive Methodists of Trinity Church, 
Charleston. 8 vol. 178 

Protestant Episcopal Church at Society 
Hill. 8 vol. 381 

Protestant Episcopal Society for the ad- 
vancement of Christianity in South 
Carolina. 8 vol. 256, 298, 341 

Protestant Episcopal Society of Saint 
Philip's Church in Charleston. 8 vol. 
372 

Provident Savings Institution of Charles- 
ton. 8 vol. 383 

Purity Church. 6 vol. 534 

Ramsey Library and Debating Society. 8 
vol. 326 

Red Bank Church. 8 vol. 215 

Red Oak Grove Baptist Church, Edge- 
field. 8 vol. 457 

Reformed Society of Israelities. 8 vol. 
344 

Regular Baptist Church of Fairfield. 8 
vol. 287 

Republican Circulating Library Society 
of Barnwell. 3 vol. 296 

Richland Presbyterian Church in Pickens. 
8 vol.448 

Richland Steam Boat Company. 8 vol. 
337 

Richland Silk Company. 8 vol. 459 

Richland Volunteer Rifle Company. 8 
vol. 372 

Rocky River Fund Society. 8 vol. 325 

Rocky Spring Methodist church. 8 vol. 

448. 
Roman catholic cathedral church of Saint 
Finnbarr. 8 vol. 330, 456 

Roman catholic church of Charleston. 8 
vol. 161, 456 

Roman catholic church of Columbia. 8 

vol. 328, 336, 365, 369 
Roman catholic church of Georgetown. 

8 vol. 329 
Roman catholic church of South Caroli- 
na. 8 vol. 456 



Saint Andrew's Lutheran church of Lex- 
ington District. 8 vol. 456 

St. Andrew's Society of Charleston. 8 
vol. 202, 222, 282 

Saint Andrew's Presbyterian church, 
Charleston. 5 vol. 698 

Saint Cecilia Society. 8 vol. 124 

Saint David's Society. 8 vol. 118, 192 

Saint George Society of Charleston. 8 vol. 
233 

Saint Helena Society. 135 

Saint James church of James Island, 
Saint Andrew's Parish. 8 vol. 372 

St. Matthew's Academy. 8 vol. 376 

Saint Patrick Benevolent Society, Char- 
leston. S vol. 284, 439 

Saint Paul's x\gricultural Society of Col- 
leton. 8 vol. 372 

Saint Peter's church of Charleston. 6 vol. 
53(}. 8 vol. 381 

Saint Stephen's Lutheran church at Lex- 
ington court house. 8 vol. 369 

Salem Baptist church of Marlborough. 8 
vol. 376 

Salem charch. Sparrow Swamp. 8 vol. 
336 

Salera church, Sumter District. 8 vol. 
373 

Salem Presbyterian church in Fairfield. 
8 vol. 265 

Salem Society. S vol. 117 

Saltcatcher Independent Presbyterian 
church. 8 vol. 248 

Saluda Manufacturing Company. 8 vol. 
394 

Sampit Seventy-six Sharp Shooters. 8 
vol. 364 

Santee Canal Company. 7 vol. 541. 9 
vol. 436 

Sampit and St. James Santee Canal Com. 
pany. 7 vol. 580 

Savannah and Charleston Steam Packet 
Company. 8 vol. 430 

Savannah Revolutionary and Polemic So- 
ciety. 8 vol. 250 

Savannah River Baptist Association. 8 
vol. 322, 376 

Second Independent or Congregational 
church in Charleston. 8 vol. 284 

Second Presbyterian church of Charles, 
ton. 8 vol. 252 

Seventy-six Association. 8 vol. 321 

Sheldon church. 8 vol. 280 

Sion church of Winnsborough. 8 vol. 258 

Sisters of charity. 8 vol. 349 

Sisters of our Lady of Mercy. 6 vol. 534 



150 



CORPORATIONS. 



Societe Francaise. 8 vol. 281, 369 

Society Academy, Edgefield. 8 vol. 317 

Society for promoting education of chil- 
dren, and establishing schools, in Beau- 
fort District. 8 vol. 174 

Society for raising and securing a fund 
for the relief of widows and children 
of deceased Presbyterian Ministers. 8 
vol. 158 

Society for the relief of elderly and disa- 
bled ministers, and widows and orphans 
of the clergy of the Independent or 
Congregational church, in the State of 
South Carohna. 8 vol. 152, 388 

Society for relief of widows and orphans 
of the clergy of the Protestant Episco- 
pal church, in the State of South Car- 
olina. 8 vol. 133 

South Carolina Academy of Fine Arts. 8 
vol. 323, 327, 460 

South Carolina Agricultural Society. 8 
vol. 299 

South Carolina Association. 8 vol. 364 

South Carolina Bar Association. 8 vol. 
350 

South Carolina Canal and Rail Road 
Company. 8 vol, 354, 355, 380, 384, 
484. 

South Carolina Homespun Company. 8 
vol. 245 

South Carolina Insurance Company. 8 
vol. 237, 385 

South Carohna Iron Manufacturing Com- 
pany. 8 vol. 376, 437 

South'CaroHna Jockey Club. 6 vol. 534. 
8 vol. 349 

South Carolina Manufacturing company. 
8 vol. 350, 353 

South Carolina Marine Society. 8 vol. 
250 

South Carolina Society. 8 vol. 106, 351 

South Carolina Society for advancement 
of Learning. 6 vol. 554 

Steam Boat Company. 8 vol. 300 

Steam Navigation Company. 8 vol. 307 

South Carolina Sugar Refiining Compa- 
ny. 8 vol. 376 

Southern Steam Packet Company. 8 vol. 
461 

Spartanburg Cotton Manufacturing Com- 
pany. 6 vol. 535 

Spartanburgh Philanthropic Society. 8 
vol. 199 

Springtown Baptist church. 8 vol. 223 

Springville Academy. 8 vol. 321 

State Convention of Baptist Denomina- 



tion in South Carolina. 8 vol. 344 
Slateburg Bridge Company. 8 vol. 454 
Stone Creek Independent Presbyterian 

church. 8 vol. 280 
Sumter and Darlington Rail Road Com- 

pany. 8 vol. 440 
Sumter Guards. 8 vol. 375 
Sumterville Academical Society. 8 vol. 

456 
Sumterville Baptist church. 8 vol. 316 
Sumterville Library Society. 8 vol. 262 
Swift Creek Baptist church of Darlington. 

8 vol. 376 
Tabernacle Academy. 8 vol. 325 
Theological Seminary of the Evangelical 

Lutheran church of South Carolina. 8 

vol. 376, 382 
Theological Seminary of the Synod of 

South Carolina and Georgia. 8 vol. 

376. 
Third Presbyterian church, Charleston. 8 

vol. 336 
Totness Academical Association. 8 vol. 

381 
Treadaway Baptist church. 8 vol. 352 
Trinitarian Universalist and Library So- 
ciety. 8 vol. 366 
Trustees of estate of Dr. John De La 

Howe. 8 vol. 348 
Trustees for Public Schools in Orangeburg. 

5 vol. 338 
Turkey creek Baptist church of Abbe- 
ville District. S vol. 392 
Typographical Society of Charleston. 8 

vol. 325 
Union Bible Society of Beaufort District. 

8 vol. 346 
Union Harmonic Society. 8 vol. 320 
Union Insurance company. 8 vol. 242, 

308, 4.54 
Union Insurance and Trust Company of 

South Carolina. 8 vol. 480 
Union Library Society. 8 vol. 263 
Union Light Infantry Charitable Society. 

8 vol. 329 
Union Street and Unity Alley Compa- 

ny. 7 vol. 129 
United Agricultural Society of South Car- 

olina. 8 vol. 348 
United Blues. 8 vol. 349 
United Fraternity. 8 vol. 296 
United Independent Congregational 

church of Dorchester and Beach Hill. 

8 vol. 180 
Unity Lodge, No. 55. 8 vol. 3.">0 
Uranian Society of Columbia. 8 vol. 270 



COSTS. 



151 



Upper Baptist ciiurch on Dunkin's creek. 

8 vol. 156 
Upper Long Cane Society, Abbeville 

district. 8 vol. 207 
Vaucluse Manufacturing company. 8 

vol. 381 
Verennes Academy of Anderson. 8 vol. 

372 
Vigilant Fire Company in Charleston. 8 

vol. 181 
Vigilant Fire Engine Company, Charles- 
ton. 8 vol. 312, 369, 448 
Walterborough Academy. 8 vol. 367, 

392, 393 
Washingt(jn Library Society. 8 vol. 352 
Washington Light Infantry. 8 vol. 336 
Washington Society of Charleston. 8 

vol. 4-'.0 
Washington Society of Darlington. 8 

vol. 241 
Washington Volunteers. 8 vol. 392 
Wateree and Santee Steam Boat Compa- 
ny. 8 vol. 300 
Welch Neck Baptist Association. 8 vol. 

376 
Western Turnpike Company. 9 vol. 577 
Whig Association. 8 vol. 450 
Williamsburgh Academy. 8 vol. 188 
Williamsburgh Library Society. 8 vol. 

279 
Winnsborough Library Society. 8 vol. 

241 
Winyaw and Wando Canal Company. 8 

vol. 277, 370 
Winyaw Farming Society. 8 vol. 337 
Winyaw Indigo Society. 8 vol. 110, 

192, 246, 347 
Winyaw Lodge. 8 vol. 300 
Woodville Academy. 8 vol. 296 
Yorkville Female Academy. 8 vol. 305, 

307 
York Mining Company. 8 vol. 381 
York Turnpike Company. 9 vol. 577 



CORPUS CUM CAUSA. 
If on any writ of certiorari ox corpus cum 
causa, it be returned that the prisoner is 
detained by judgment given against him, 
he shall be remanded and kept without 
bail. 2 vol. 550 



COSTS. 

See Fees. 

If verdict for less than 40s. no cost al- 
lowed, except in actions of trespass and 
defamation. 2 vol. 76 



Act to continue 2 years. 2 vol. 76 

Costs, &c. awarded to the plaintiff, 
where defendant sueth a writ of error and 
fails. 2 vol. 453 

If d*imurrer be held insufficient, costs 
at discretion of the court. 2 vol. 433 

On dismissing bills in equity, plaintiff 
or defendant to have full costs. 2 vol. 
437 

On quashing writ of error, defendant 
to have costs. 2 vol. 437 

The plaintiff being non-suited or ver- 
dict against him, shall yield costs to the 
defendant in actions personal, at the dis- 
cretion of the justices. 2 vol. 462 

He that sueth in forma pauperis, shall 
be otherwise punished. 2 vol. 462 

Defendant shall recover costs and dam- 
ages where plaintiff doth delay or discon- 
tinue his suit, &c. 2 vol. 493 

Costs, damages and charges shall be 
awarded where plaintiff doth delay his 
suit, or discontinue, or is non-suited in 
the King's Bench. 2 vol. 494 

Remedy if plaintiff do delay, discon- 
tinue, or is non-suit in the Marshalsea, 
or any city or (own corporate. 2 vol. 
494 

Penalty for arresting any penson at the 
suit of another not knowing thereof, or 
in the name of one unknown. 2 vol. 
495 

Remedy to recover costs and damages 
awarded under this Act. 2 vol. 495 

How much sheriff may take for serv- 
ing an execution. 2 vol. 504 

Forfeiture of offender, and how recov- 
ered. 2 vol. 505 

Fees for executions within cities or 
towns corporate. 2 vol. 505 

Cases wherein by statute made 23 H, 
8, c. 15, the defendant shall recover the 
costs. 2 vol. 510 

Several cases wherein defendant shall 
recover costs against plaintiff. 2 vol. 511 

If damages in actions of slander be 
under forty shillings, no greater cost than 
damages. 2 vol. 586 

Judgments less than 40 shillings, no 
costs allowed. 3 vol. 131 

Of the justices and officers of the 
County Courts. 7 vol. 175 

Of gaoler, for disorderly persons or ser- 
vants committed. 7 vol. 177 

Only half fees allowed in the Supreme 
or General Court, if judgment does not 



152 



COSTS. 



exceed twenty pounds, current money. 7 
vol. 178 

Where damages do not exceed 35 
pounds, current money, in all actions ot" 
debt, detinue, account, covenant, trover 
and case, half costs only are allowed. 7 
vol. 185 

Judges may tax costs. 7 vol. 188 

In the common pleas and general ses- 
sions, to be divided equally among the 
judges, and fees for business actually done 
on the circuit, to be paid to the judge 
performing the duty. 7 vol. 20o 

If any judge be elected a member of 
Congress, his salary and fees to be sus- 
pended while absent from the State. 7 
vol. 205 

Of the sheritF, on executions in de- 
crees in chancery. 7 vol. 211 

£500 salary allowed the Chancellors 
in lieu of fees. 7 vol. 211 

On non-suit in the County Courts. 7 
vol. 217 

In the County Courts, not allowed in 
cases of assault and battery, if verdict 
be for less than two pounds. 7 vol. 231 

Where the verdict in the County Court 
is under forty shillings, no more costs are 
allowed than damages, unless the Court 
enter its opinion on record that the tres- 
pass was wilful and malicious. 2 vol. 
231 

Costs allowed defendant in all cases 
where judgment is given in his favor. 7 
vol. 231 

Where there are several defendants in 
trespass vi et armis, and one acquitted, 
he shall have his costs, unless the court 
are of opinion that there was reasonable 
cause for making him a defendant, and 
shall so order. 7 vol. 231 

Plaintiff out of the State, suing be- 
fore the county court or any justice of 
the peace, any inhabitant, when required, 
in the course of the case, shall, upon 
motion, give sufficient security to the de- 
fendant for all costs accruing, and on 
failure, the suit to be dismissed, and the 
defendant have judgment. 7 vol. 232 

In Sum. Pro. 7 vol. 200 

In the County Courts. 7 vol. 238 

Fees of County Court Clerk. 7 vol. 
238 

Fees to the Sheriff. 7 vol. 240 

Fees to the Coroner. 7 vol. 241 

Fees to the Constable. 7 vol. 241 



Accounts for^ how to be made out. 7 
vol. 242 

Table of fees to be exhibited by clerk. 
7 vol. 242 

Attorney's fees. 7 vol. 242 

Coroner's. 7 vol. 242 

Of county attorney. 7 vol. 248 

At whatever stage any suit may cease 
or determine, the attornies, clerks and 
sheriffs shall have their fees taxed ; and 
on non-payment thereof, execution may 
be issued against the party from whom 
they are due, and be lodged with the 
sheriff, and returnable at the ensuing re- 
turn day ; and the sheriff, for his trouble 
in collecting such fees, shall be allowed a 
commission of 2i per cent, to be paid by 
such defaulter. 7 vol. 2(i4 

A prisoner acquitted or discharged from 
prosecution, freed from all costs. 7 vol. 
265 

Attorney's fees reduced. 7 vol. 288 

The Act of 2 1st December, 1799, as 
concerns attorney's fees, repealed. 7 
vol, 292 

Penalty for taking unlawful fees. 7 
vol. 293 

Attorney's fee for prosecuting appeal 
in a magistrate's case, $20. 7 vol. 296 

Full costs allowed in all cases of tres-^ 
pass to try titles to lands, trespass on the 
case, trover, detinue, or any of them 
brought to try the title to property, if the 
verdict amounts to $4. 7 vol. 297 

Fees of attorney, clerks and sheriffs, in 
the city court of Charleston, the same as 
now allowed on sum. pro. in the circuit 
court. 7 vol. 303 

The council may add one dollar, or 
less, to each cause, to defray in part the 
expenses of the court. 7 vol. 303 

Fees established of the master and 
commissioner in equity. 7 vol. 307 

Fees of the Register and Commission- 
er in Equity. 7 vol. 307 

Solicitor's fees in Equity. 7 vol. 307 

Penalty for taking unlawful fees. 7 
vol. 308 

Of the inferior city court of Charles- 
ton, to be the same as in the circuit court. 
7 vol. 319 

No commission allowed master or com- 
missioner on sales not actually made ; 
but $5 allowed for executing a title. 7 
vol. 324 

In a case of appointing a guardian, the 



COUNTIES. 



153 



master or commissioner not to receive 
more than $10. 7 vol. 324 

And the same in all cases of petition. 
7 vol. 324 

Only half costs allowed in equity cases 
of partition under $2000 value. 7 vol. 
328 



See Fraudulent Packing. 



COTTON. 

Trading 
with a Slave. 

Bounty allowed on it, and many other 
things. "3 vol. 614 

Act to encourage the growth of, re- 
pealed. 4 vol. 428 

Larceny to steal tlie same from the 
field. 6 vol. '284 

Storage in Charleston, not to exceed 
twelve and a half cents per week for each 
bale. 7 vol. 121 



COTTON GIN. 
See Miller and Whitney. 

COTTON, JAMES. 
Allowed the exclusive right to run a 
line of Stages between Charleston and 
Georgetown. 5 vol, 580 



COUNCIL. 

The Governor is not to be considered 
out of his government by going to St. 
Augustine. 2 vol. 195 

The major part of the Council may 
act in his place. 2 vol. 195 

Council may adjourn the general quar- 
ter sessions. 2 vol. 196 

No member of, to be Treasurer, Comp- 
troUer, or powder receiver. 3 vol. 148 



COUNSEL. 
Persons indicted for high treason or 
capital offences, to have a copy of their 
indictment, and make defence by coun- 
sel. 3 vol. 286 



COUNTERFEITING. 

Penalty upon counterfeiting marks on 
weights and measures, 2 vol. 187 

Penalty on counterfeiting bills of cre- 
dit. 3 vol. 189 

Of bills of credit, made felony. 3 vol. 
306 

Bills of credit, felony without clergv. 
3 vol. 677 

VOL. X— 20. 



Penalty for counterfeiting paper money. 
(Expired.) 4 vol. 3.35 

Felony to counterfeit bills of credit, 
issued either hy U. States or S. Carolina. 
4 vol. 340 

Death for counterfeiting paper medium 
bills, issued by the loan office. 4 vol. 
715 

Death to counterfeit British coin, cop- 
per and silver. 4 vol. 744 



COUNTERFEIT LETTERS. 
Bill against those who counterfeit let- 
ters or privy tokens to receive money or 
goods in other men's names. 2 vol. 476 



COUNTIES. 

Governor may appoint commissioners 
and surveyors to lay out the bounds of 
the several counties. .3 vol. 370 

Place where commissioners shall draw 
the line between Berkley and Craven 
county. 3 vol. 370 

The other county lines to be run accor- 
ding to the ancient course. 3 vol. 370 

Commissioners to give 1.5 days notice 
before they run a county line. 3 vol. 370 

Surveyor who runs county lines allow- 
ed 5 pounds per diem. 3 vol. 370 

Districts to be divided into counties. 4 
vol. 561 

Commissioners appointed. 4 vol. 561 

Town lots to be laid out in Kingston. 
4 vol. 561 

Vacancies, how filled. 4 vol. .561 

To be laid otf. 4 vol. G61 

Ninety Six to be divided into si.x coun- 
ties, i. e. Abbeville, Edgefield, Newberry^ 
Laurens, Union, Spartanburgh. 4 vol. 
661 

District of Camden, divided into 7 
counties, viz. Clarendon, Richland, Fair- 
field, Claremont, Lancaster, York, (New 
Acquisition,) and Chester. 4 vol. 662 

Cheraws divided into thi'ee counties, 
viz. Marlborough, Chesterfield, Darling- 
ton. 4 vol. 662 « 

Georgetown divided into four counties, 
viz. Winyaw, Williamsburgh, Kingston, 
and Liberty county. 4 vol. 662 

District of Charleston divided into six 
counties, viz. Charleston, Washington, 
Marion, Berkly, Bartliolomew, and Col- 
leton. 4 vol. 663 

Beaufort divided luto four counties. 



154 



COURTS. 



viz. Hilton, Lincoln, Granville, and 
Shrewsberry. 4 vol. 663 

Orangeburgh into tour counties, viz. 
Lewisburgii, Orange, Lexington, VVinton. 
4 vol. 664 

Justices to build a court-house, prison, 
pillory and stocks. 4 vol. 664 

Penalty on failure. 4 vol. (;64 

Tax to be levied to erect tlie public 
buildings. 4 vol. 665 

Public buildings to be erected in the 
most convenient part of each county. 4 
vol. 665 

Lands annexed to the counties of Spar- 
tanburgh and Laurens. 4 vol. 665 

Jurisdiction as to dividing lines. 4 vol. 
665 

Newtown in Ninety Six, to be called 
Ninety Six. 4 vol. 665 

Dividing line between Kershaw and 
Richland, 9 vol. 386 



COUNTY ATTORNEY. 

His fees. 7 vol. 248 

To be appointed by the justices of the 
county court, to prosecute State cases. 
7 vol. 235 



COUNTY COURTS. 
See Courts, (County.) 



Their origin and character. 
434 



1 vol. 433, 



COUNTY COURT ACT. 

See Courts, (County.) 

The county court Act " for establish- 
ing County Courts, and for regulating 
the proceedings therein." 7 vol. 211 

The Act amended. 7 vol. 243 

How much of this Act is repealed by 
the Circuit Court Act of 1788, and how 
much of it still remains of force. See 
Breadv vs. Hill, 2 Const. Rep. (Tread.) 
655 ; M'Clain vs. Hayne, 1 ib. 212 



COUNTY "COURT OFFICERS. 
The courts being abolished, the comp- 
troller to pay the officers what is due 
them, . from the sale of old county court 
houses and gaols. 5 vol. 467 



COUNTY TAXES. 
To be imposed and collected by the 
county courts. 7 vol. 283 



COUNTRY BILLS. 

See Bills of Credit. 



COUNTRY WAITER. 

Appointed. 3 vol. 193 

For Beaufort, Charleston and George- 
town. 3 vol. 776 

For Charleston, appointed. 4 vol. 14 

Henry Bedon, appointed for Charles- 
ton. 4 vol. 52 



COUNTY SHERIFF. 
See Sheriff. 



COURTS. 
1, Supreme and General Court. 
H. Circuit Courts of Law. 
in. Courts of Chancery. 

IV. County Courts. 

V. Inferior City Court of Charleston. 

VI. Court for the trial of slaves and 
persons of color. 

VII. Appeal Court (Constitutional) of 
Law. 

VIII. Appeal Court in Chancery. 

IX. Court of Appeals in Law and 
Equity, with appellate jurisdiction only. 
^Composed of 3 Judges.) 

X. Court of Appeals in Law and Equi- 
ty, (of all the Judges of Law and Equity.) 

XI. Court of Appeals in Law (of the 
Law Judges.) 

XII. Court of Appeals in Equity, (of 
the Chancellors.) 

XIII. Court of Errors, and for the trial 
of all Constitutional questions, and points 
of law on which the two Courts of Appeal 
differ, (of all the Law Judges and Chan- 
cellors, in one chamber.) 

I.— SUPREME AND GENERAL 

COURT. 
Act regulating, in 1719, (lost.) 3 vol. 99 
No person to practice in, until admit- 
ted and sworn. 7 vol. 173 

Any person may plead his own cause, 
or plead for another, leave being first 
had, if no fee or reward be taken. 7 vol. 
173 

Process, how to be issued. 7 vol. 175 
Mav appoint Surveyors and Viewers. 
7 vol."l77 

To imprison obstinate and incorrigible 
servants, who shall desert their ma.<iter's 
service, or refuse to work ; also loose, 



COURTS, 



155 



scandalous, idle persons, and appoint their 
allowance to be bread and water. 7 vol. 
177 

May order them bodily punishment, 
not to extend to life or limb. 7 vol. 177 

To sue for legacies, gifts and dona- 
tions to free schools, and other public 
uses, in the name of the King, within the 
precinct of Charleston. 7 vol. 177 

May appoint a Treasurer for collecting 
the same, and for sums levied in the pre- 
cinct, who shall account to them. 7 vol. 
177 

Persons may plead their own cause in 
this court. 7 vol. 177 

Half fees only allowed where the judg- 
ment is under twenty pounds, current 
money. 7 vol. 178 

No certiorari or other writ to remove a 
cause from the county courts to tije gen- 
eral supreme court shall issue, unless it 
be for a matter above £25, in civil cases, 
and life and limb in cases criminal ; nor 
in any other case shall the Judges of this 
court examine, discuss, vacate or other- 
wise rule, order or adjudge any matter or 
thing in contradiction to the proceedings 
of the county court. 7 vol. 178 

Those who serve as jurors for the 
county courts, the judges, coroners, mar- 
shalls and constables, not bound to attend 
any of the courts in Charleston. 7 vol. 
181 

Courts originally established in this 
Province by the Governors, by authority 
of their commissions from the King. 7 
vol. 184 

Jurisdiction given to the supreme court 
by Act of Assembly, (1734,) to hear and 
determine all motions and other matters 
whatsoever, as the justices or judges, or 
puisne Judges or Barons, in his Majesty ''s 
Court of King's Bench, Common Pleas 
and Exchequer, at Westminster. 7 vol. 
185 

Chief Justice and Justices to hold 
court together in all causes, civil and 
criminal, real, personal and mixed, and 
the justices have equal voices and power 
with the chief justice, in all cases, mo- 
tions and other matters. 7 vol. 185 

One settled form of writs, and all to he 
returnable before the justices. 7 vol. 185 

In absence of chief justice, the others 
to proceed in business. 7 vol. 185 

Damages not amounting to more than 



thirty -Jive j^ounds, current money-, in all 
actions of debt, detinue, account, covenant, 
trover and case, half costs only allowed. 
7 vol. 185 

Magistrates, justices and constables 
who have no recognizances or other mat- 
ter to return, need not attend the court. 
7 vol. 186 

Times of holding the court altered. 7 
vol. 186 

This Act made of force for 5 years. 7 
vol. 189 

The court of common pleas and the 
justices thereof, to exercise all the powers 
and jurisdiction in all civil cases, within 
the Province, in as ample a manner as the 
court of common pleas, at Westminster, 
and the justices thereof 7 vol. 190 

Courts of common pleas, how to be 
holden and adjourned. 7 vol. 190 

Not allowed to put in force any statute 
of England or Great Britain, wherein 
the plantations in America are not par- 
ticularly named j or by the intent or pur- 
view of such statute, not extended to the 
said plantations, or made of force here. 
? vol. 191 

Court not being held, the causes order- 
ed to stand for the next court. 7 vol. 192 

Court of general sessions to be estab- 
lished in Charleston. 3 vol. 282 

Power, jurisdiction and authority of 
said court. 3 vol. 282 

Assistant judge being absent, chief 
justice may hold the court. 3 vol. 283 

Penalty on witnesses not appearing at 
court of general sessions. 3 vol. 283 

Penalty for contempt of court. 3 vol. 
283 

Constables to be appointed to attend 
court of sessions. 3 vol. 283 

Special courts of sessions to be holden. 
3 vol. 283 

Any one of the assistant judges of the 
court of common pleas and general ses- 
sions of the peace, oyer and terminer, 
assize and general goal delivery, in the 
absence of the chief justice, may adjourn 
the court. 7 vol. 193 

Court of general sessions of the peace, 
oyer and terminer, assize and general 
gaol delivery, to sit three times a year. 7 
vol. 194 

Business to stand over to these terms. 
7 vol. 194 

Times for drawing juries altered, and 



156 



COURTS. 



new jury lists established. 7 vol. 195 

Ballots and boxes, how to be prepared. 
7 vol. 195 

Times of holding courts of common 
pleas. 7 vol. 198 

Times of holding courts of general 
sessions of the peace, oyer and terminer, 
assize and general gaol delivery, in 
Charleston. 7 vol. 198 

On the circuits, to hold pleas of all 
causes, civil and criminal, as near as may 
be, as the justices of assize and nisiprms 
do in Great Britain, at Orangeburgh, 
Camden, or Pine Tree Hill, iNinety Six, 
Georgetown and Beaufort. 7 vol. 198 

Courts to sit from day to day, not ex- 
ceeding six days, until the business be 
dispatched, and what remains unfinished, 
to be adjourned to the next court. 7 vol. 
198 

Judicial districts established. 7 vol. 
199 

Powers of the judges of the courts of 
general sessions and of common pleas, 
for making rules and despatching bnsi- 
ness. 7 vol. 199 

In case of sickness or absence of a 
judge. Governor authorized to commis- 
sion any person to hold and exercise the 
office. 7 vol. 199 

All writs to be returnable to the court 
of common pleas in Charleston, and to 
be directed to all and singular the sheriff's, 
instead of the provost marshal, and shall 
be served in the district where the defen- 
dant resides or is found ; and all proceed- 
ings carried on in Charleston, until the 
cause is at issue, and the practice and 
proceedings in the said courts, respec 
tirely, shall be as nearly similar as may 
be to those now held in Charleston, and 
to the courts held in Great Britain, by his 
Majesty's justices of assize and of nisi 
frius. Provided, no British statute is to 
be made of force in this State. 7 vol. 
200 

In all capital cases, court may respite 
execution until thirty days after sentence. 
7 vol. 200 

Fees of the judges of the district or 
precinct courts, to be the san)e as allow, 
ed the judges in Charleston. 7 vol. 202 

The law concerning the district courts 
not to take effect before notice by Gover- 
nor's proclamation. 7 vol. 202 

The district courts to be courts of re- 



cord, and all persons necessarily going io 
or returning from, free from arrest in 
civil cases. 7 vol. 203 

Clerks of the courts may adjourn the 
courts de die in diem, during the term, 
until the judge comes, and to the next 
court, if he does not come. 7 vol. 204 

Fees to be divided equally between the 
judges of the court of common pleas and 
general sessions, and on the circuit to go 
to the judge performing the duty. 7 
vol. 205 

Proceedings in the court of common 
pleas and general sessions, suspended du- 
ring the capture of Charleston, and re- 
sumed, and the times fixed for holding 
them, and the courts to have all the pow- 
ers they had before. 7 vol. 206, 207 

A court at Charleston, not held for 
want of a judge, adjourned to the next 
term. 7 vol. 251 

Time of holding of the court of gene- 
ral sessions and common pleas in Charles- 
ton, changed. 7 vol. 250 

One Judge may hold that court. 7 
vol. 251 

That court constituted as a circuit 
court. 7 vol. 251 

The Act to (hat eflTect, of 1778, hav. 
ing expired, is re-enacted. 7 vol. 251 

The proceedings of that court under 
one judge, during the time the law had 
expired, and not yet re-enacted, declared 
legal and valid. 7 vol. 251 

Sheriff" or clerk of the court may ad- 
journ it, if the judge be absent, de die in 
diem, not exceeding 6 days, until the 
court meets, and if the judge does not 
come, until the next term. 7 vol. 252 

The drawing of talesmen declared legal. 
7 vol. 252 

All executions, scire Jacias , (inA other 
processes, in the court of sessions, to be 
issued by the clerk, who shall receive the 
costs for the same. 7 vol. 316 

Court sessions and gaol delivery to be 
twice a year. 2 vol. 66 

Sittings and adjournments of the court 
of common pleas regulated. 3 vol. 324 

Chief justice the only judge in 1731. 
The judge being absent, all causes con- 
tinued over to another sitting. 3 vol. 
325 

Two or more assistant judges to be ap- 
pointed. 3 vol. 325 



COURTS. 



157 



To sit with the chief justice in Charles- 
ton. 3 vol. 326 

Chief" justice in their absence may hold 
court. 3 vol. 326 

In absence of chief justice they may 
hold the court, and adjourn the same de 
die in diem. 3 vol. 326 

A majority of the justices may hold 
the court of sessions in absence of chief 
justice. 3 vol. 555 

In the court of common pleas, a ma- 
jority of assistant justices may proceed 
without chief justice. 3 vol. 632 

When court of common pleas to sit in 
Charleston, (1778.) 4 vol. 430 

Special court of common pleas for tran- 
sient persons, limited in its jurisdiction. 
4 vol. 622 

Times for holding said court. 4 vol. 
623 

Time for holding other courts of com- 
mon pleas altered. 4 vol. 623 

Repealed, 1786. 4 vol. 751 

The 36th clause of the Act of the 25th 
August, 1731, and the 1st clause of the 
Act 16th March, 1783, and the 1st and 
2d clauses of an Act 26th March, 1784, 
allowing of special courts for the trial of 
causes of transient persons about to leave 
the State, repealed. 5 vol. 45 

Court of common pleas and sessions 
for Charleston, how to be held at the 
same time. 6 vol. 55 

T'he court of common pleas and ses- 
sions in Charleston, shall be held on the 
second floor of the State House, in the 
chamber heretofore occupied by the courts 
of the United States. 6 vol. 209 

And the judges and officers of the 
United States, until otherwise directed, 
to occupy the chamber heretofore allotted 
to the court of common pleas. 6 vol. 210 

XL— CIRCUIT COURTS OF LAW. 

Original and final jurisdiction given to 
the circuit courts, as possessed and exer- 
cised by the courts of general sessions of 
the peace and of common pleas, held m 
Charleston, unless otherwise directed by 
the Act. 7 vol. 253 

Judges may issue writs of subpoena on 
circuit. 4 vol. 430 

And appoint constables. 4 vol. 430 

Writs of venire facias issuable from 
circuit court. 4 vol. 430 

Judges empowered to adjourn the 



courts of Camden and Ninety Si.\, and to 
sit until the business be finished. 4 vol. 
459 

Seals provided for the district courts. 
5 vol. 211 

Clerk's office at Cheraw, where to be 
kept. 5 vol. 243 

Rules to be posted. 5 vol. 243 

Commissioners appointed to contract 
for suitable room. 5 vol. 243 

Records to be removed again into 
court house, as soon as repaired. 5 vol. 
244 

A room in court house of Charleston 
appropriated for United States Court. 5 
vol. 245 

At what time the courts in the Southern 
Circuit are to sit. 5 vol. 497 

Court at Williamsburgh. 5 vol. 497 

Jury lists to be made and juries drawn 
for Lexington and Williamsburgh. 5 vol. 
497 

Times and places for holding the cir- 
cuit courts. 7 vol. 253 

Clerks may adjourn the courts. 7 vol. 
254 

Execution and other process, how to 
issue and run. 7 vol. 254 

Clerks of, allowed the fees of clerks of 
the county courts. 7 vol. 254 

Subject to the same disabilities as the 
clerk of the court at Charleston. 7 vol. 
254 

Process, when returnable. 7 vol. 254 

Clerk to give bond, and may appoint 
deputies. 7 vol. 254 

His oath. 7 vol. 255 

Clerk not to act as justice or attorney. 
7 vol. 255 

Shall always make out a bill of fees,- 
signed by the sheriff, clerk or other offi- 
cer, to whom such fees are due, to be ex- 
pressed in words, and shall give a receipt. 
7 vol. 255 

A list of fees to be hung up in the offi- 
ces of sheriff and clerk. 7 vol. 255 

Office hours of clerk. 7 vol. 255 

Fee for search. 7 vol. 255 

This Act not to extend to suits com- 
menced. 7 vol. 255 

Abstract of judgments to be recorded. 
7 vol. 255 

If not docketed, of no avail except in 
the district. 7 vol. 256 

Motions for new trials and arrests of 
judgment allowed. 7 vol. 256 



158 



COURTS. 



Appeals to the circuit court from judg- 
ments of county court and ordinary. 7 
vol. 256 

Court at Cambridge, how long to be 
held. 7 vol. 257 

Juries there, how to be drawn. 7 vol. 
257 

The superior courts of law throughout 
the State, vested with the powers hereto- 
fore exercised, the court in each district 
having complete original and tinal juris- 
diction, as possessed and exercised by 
the courts of general sessions of the 
peace and common pleas, heretofore held 
in Charleston, (see Supreme General 
court,) except when altered by law, and 
by the rules of court. 7 vol. 260 

The different courts, when to sit. 7 
vol. 260, 261 

Each district court to have jurisdiction 
of offences in that district, and of com- 
mon pleas, where the defendant is arrest- 
ed. 7 vol. 261 

The different districts laid out, viz. 
Charleston, Beaufort, Orangeburgh, 
Georgetown, Cheraw, Camden, Pinck- 
ney, Cambridge and Washington. 7 vol. 
261, 282 

The chief justice and associate judges, 
chosen by the Legislature, and in case of 
sickness or absence of any of them, any 
person for that time commissioned by the 
Governor, shall be judges of these courts. 
7 vol. 262 

May exercise all powers heretofore ex- 
ercised, consistent with the constitution 
of the State and of the United States. 7 
vol. 262 

May make rules and orders, from time 
to time, for despatch of business. 7 vol. 
262 

The clerk or his deputy, may open and 
adjourn the courts. 7 vol. 262 

All judicial process to be tested in the 
name of the chief justice, and in case of 
a vacancy, in the name of the senior as- 
sociate judge. 7 vol. 262 

All process to be issued from and sign- 
ed by the clerks of court, under the seal 
of the court, and may be served in any 
district. 7 vol. 262 

Where there are two or more defend- 
ants. 7 vol. 262 

Writs and executions, how to issue and 
how returnable. 7 vol. 263 

Declaration. 7 vol. 263 



Plea. 7 vol. 263 

Judgment by default. 7 vol. 263 

Sheriff to turn over unfinished business? 
to his successor. 7 vol. 263 

No officer to purchase at sales made 
by himself, or be concerned. 7 vol. 263 

Sheriff sales, how and when to be 
made. 7 vol. 263 

Sheriff' to make return of process in 
his hands. 7 vol. 264 

Fees. 7 vol. 264 

Commissioners appointed for the erec- 
tion of court houses and gaols. 7 vol. 264 

This Act, when to take effect. 7 vol. 
264 

Ninety Six district, unfinished business 
in it to be adjudicated. 7 vol. 264 

Two judges to hold court there for 15- 
days, one of the common pleas, the other 
the general sessions. 7 vol. 264 

Sheriffs and clerks to be appointed for 
the new districts. 7 vol. 264 

The circuit court Act to go into opera^ 
tion 18th November, 1791. 7 vol. 264 

Jury lists to be made out. 7 vol. 265 

Pinckney and Washington districts 
first established, (1791.) 7 vol. 265 

Prisoner acquitted or discharged, free 
from costs. 7 vol. 265 

x\dditional number of jurymen to be 
drawn for Charleston. 7 vol. 265 

Special juries, in what cases and how 
to be drawn. 7 vol. 271, 272 

Judges of court of common pleas au- 
thorized to make rules to carry this law 
into effect. 7 vol. :^72 

Part of the Act of 1769, repealed. 7 
vol. 272 

Penalty for defaulting special jurors. 7 
vol. 273 

Grand and petit juries, how drawn. 7 
vol. 273 

Penalty on defaulters. 7 vol. 273 

Sherift^'s offices and books. 7 vol. 274 

Three Circuit Solicitors to be elected 
by the Legislature, to do the duty of the 
Attorney General on the Northern, Wes- 
tern and Southern circuits. To give ad- 
vice to the Governor and other State offi- 
cers, on public matters ; to assist each 
other or the attorney general, in suits or 
prosecutions in behalf of the State, when 
directed by the Governor ; to attend the 
Legislature when in session, to draught 
and engross all such Bills as the two 
houses may direct. To have all the pri- 



COURTS. 



159 



vileges and subject to all the liabilities of 
the attorney general ; and to have a salary 
of £100. 7 vol. 275 

Solicitors to assist in turn the attorney 
general. 7 vol. 275 

Solicitors may appear for and defend 
a criminal, when their duty does not call 
upori them to prosecute, or their assis- 
tance required. 7 vol. 275 

The judges of the court of common 
pleas, or any one of them, in their respec- 
tive districts, vested with the powers 
formerly in the Governor and Council, in 
hearing and determining caveats. 7 vol. 
275 

Caveats to be continued as heretofore. 
7 vol. 275 

Commissioners of public accounts ves- 
ted with powers to surrender bonds from 
the treasury, given to the State, under 
certain circumstances. 7 vol. 275 

Order for bail. 7 vol. 275 

Judges of the court of common pleas 
authorized to alter the places of sheriffs 
sales, to effect the object of the law, at 
discretion ; and all sales of mortgaged 
property to be made, in the several dis- 
tricts, at the places fixed on by the judges, 
and at the times fixed by law for sales 
under execution. 7 vol. 276 

The action of trespass to try titles, and 
the rules. 7 vol. 276 

Clerk to read over the minutes of the 
court each day. 7 vol. 279 

Drawing of certain jurors made legal. 
7 vol. 280 

Ordered to sit at Camden and Cam- 
bridge until the business is finished. 7 vol. 
281 

Courts of Georgetown to sit longer than 
usual. 7 vol. 281, 282 

Two judges to sit at the same time at 
Ninety. six, one to hold a court of sessions, 
and one a court of common pleas, to dis- 
patch business. 7 vol. 282 

Slate divided into 24 judicial districts. 
7 vol. 283 

When and how long the courts to sit in 
each district. 7 vol. 284 

Distribution of courts into circuits. 7 
vol. 285 

Four circuits in the State, to be attend- 
ed by the attorney general at Charleston, 
and a solicitor on other circuits. 7 vol. 
285 



Each court to be a court of record, and 
the persons attending free, as usual, from 
civil arrest. 7 vol. 286 

Jury lists to be made out and jurors 
drawn. 7 vol. 286 

New jury list to be made out every 3 
years. 7 vol. 286 

Judges to cause juries to be drawn. 7 
vol. 287 

Penalty for non-attendance. 7 vol. 287 
The county courts deprived of judicial 
power, but still retained for purposes of 
police, and as registry offices, and the 
judicial proceedings of these courts trans- 
ferred to the circuit courts. 7 vol. 287 

The several courts of common pleas 
and general sessions of the peace, except 
that of Charleston, heretofore existing, 
abolished, and the business thereof trans- 
ferred to the new districts of the circuit 
courts, and all proceedings and records 
removed to these new districts. 7 vol. 
287 

Manner in which the causes and records 
are to be removed. 7 vol. 287 

Clerks of the court, how to be appoin- 
ted. 7 vol. 288 

Court of Wardens in Charleston, abol- 
ished. 7 vol. 288 

Attorney's fees reduced. 2 vol. 288 

Two judges added to the present num. 
ber. 7 vol. 288 

Chief justice abolished. 7 vol. 288 

Colleton Court to be held at Jackson- 
borough. 7 vol. 289 

Commissioners to fix on central places 
for Colleton, Sumter, Marion and Barn- 
well district court houses. 7 vol. 289 

Present clerks and sheriffs of county 
courts continued till others are elected. 7 
vol. 289 

All Acts repugnant to this repealed. 7 
vol. 289 

Times of the sittings of the courts al- 
tered. 7 vol. 290 

Richland district established, and added, 
with Fairfield, to the Southern circuit. 7 
vol. 290 

Sherift^'s bonds to be given for follow- 
ing amounts. 7 vol. 290 

Their sureties, how approved of. 7 vol. 
290 

Courts, how long to sit. 7 vol. 290 

New jury list to be made, of such 
persons as by the Constitution may vote 
for members of the Legislature. 7 vol. 291 



IGO 



COURTS. 



Twenty-four grand jurors and forty- 
eight petit jurors to be drawn for each 
succeeding court. 7 vol. 291 

Penalty for non-attendance. 7 vol. 291 

County courts abolished. 7 vol. 291 

If the day appointed for holding courts 
come on Sunday, the court to sit the suc- 
seeding day. 7 vol. 291 

The Act of 21st December, 1798, 
(7 vol. 287,) so far as prohibits the remo- 
val of suits, appeals and indictments from 
Charleston, repealed. 7 vol. 291 

In the absence of the judge, the clerk, 
and in his absence, the sheriff, may ad- 
journ the court. 7 vol. 291 

Clerks, how to be appointed. 7 vol. 292 

Their bonds. 7 vol. 292 

How to be sued on. 7 vol. 292 

Attorney's fees. 7 vol. 292 

Court Houses and Gaols. 7 vol. 392 

Penalty for taking unlawful fees. 7 vol. 
293 

All business from the county courts, 
courts of common pleas and sessions, of 
the former districts, and of the court of 
wardens, transferred to these new courts. 
7 vol. 293 

All judicial process to be tested in the 
name of the senior associate judge, sign- 
ed by the clerk, and sealed with the seal 
of the court, and made returnable to the 
court whence it issued, fifteen days before 
its sitting, and may be served in any dis- 
trict of the State. 7 vol. 293 

Where there are two or more defend- 
ants in different districts, the cause may 
be tried, at plaintiff's option, in either, 7 
vol. 293 

How executions are to be issued and 
served after 1st January 1800. 7 vol. 294 

How to be returned. 7 vol. 29G 

Process issued after 1st January, 1800, 
shall bear test from that day. ? vol. 294 

Clerk of any district court, or justice 
of the Quorum, authorized to give an 
order for bail, and take special bail. 7 vol. 
294 

Writs of attachment, summonses in 
dower or partition, demandable in the dis- 
trict court. 7 vol. 294 

Courts of Ordinary established. 7 vol. 
294 

Judges thereof appointed by the Legis- 
lature. 7 vol. 294 

Empowered to summon persons. 7 vol. 
294 



Sheriff to execute his process. 7 vol. 
295 

Persons neglecting to attend, to be pro- 
ceeded against. 7 vol. 295 

Appeal allowed from the Ordinary to 
the circuit court. 7 vol. 295 

Judges to meet at Columbia to form 
Court of Appeals. 7 vol. 295 

Each judge to give his opinion in 
writing. 7 vol. 295 

If two or more judges attend the cir- 
cuit courts, each may hold a separate 
court. 7 vol. 295 

Magistrate's jurisdiction extends to $20. 
Each party may appeal. 7 vol. 296 

Attorney's fees, in case of appeal. 7 
vol. 296 

Clerks of court constituted Registers 
of Mesne Conveyances. 7 vol. 296 

Where the office of clerk is vacant, 
the judge shall appoint during the sitting 
of the court. 7 vol. 296 

Former clerks and sheriffs to account 
to commissioners of roads for monies be- 
longing to the counties. 7 vol. 296 

Records of county courts to be removed 
to the circuit courts. 7 vol. 298 

Clerks of court to grant commissions to 
examine witnesses, as a judge may do. 7 
vol. 298 

All laws relating to the late circuit 
courts, to continue of force and relate to 
the new district courts, as far as is con- 
sistent. 7 vol. 299 

Where a judge is sick or absent, or 
cannot hold the circuit court, the Govern- 
or may commission a proper person to 
hold the circuit courts. 7 vol. 299 

When the court to sit in Charleston. 7 
vol. 307 

Writs and process, when returnable to 
that court. 7 vol. 307 

Courts, when to be held for Lexington, 
Columbia, Newberry, Edgefield, Barn- 
well and Orangeburgh. 7 vol. 309 

Times of the sitting of various courts 
altered, and all process made returnable 
to such times of sitting. 7 vol. 314 

A separate docket to be kept in Charles- 
ton for the country causes. 7 vol. 316 

When country docket to be called. 7 
vol. 316 

All writs of subpoena in causes on the 
country docket, to have relation to the 
first day of the third week of the term. 
7 vol. 316 



COURTS. 



161 



Unless a later term is expressed in the 
writs. 7 vol. 316 

All snm. pro. and declarations relating 
to such causes, to be indorsed by the at- 
torney " for the country docket/'' 7 vol. 
316 

^Special courts may be ordered by the 
court of appeals. 7 vol. 317 

Notice thereof to be given. 7 vol. 317 

Times of holding the court in Charles- 
ton, altered. 7 vol. 318 

The Act of 1769, authorizing the Go- 
vernor to appoint a person to hold a court 
in the absence of the judge, repealed. 7 
vol. 321 

Chancellors, by Act, not election, made 
lavi^ judges, and vested with all their pow- 
ens, to ride the circuit with the law judges, 
and try all cases, criminal and civil, as 
judges of the courts of law; and if one 
of the circuit judges be prevented from 
holding the court, a judge from the appeal 
court to hold it. 7 vol. 326 

Any trial occurring during the sitting 
of the court of appeals, may be taken to 
the court of appeals, on receipt of the 
decree, or report of the judge, and on 
giving the opposite party four days notice, 
which shall be heard and determined as 
other appeals. 7 vol. 334 

New arrangement of the circuits, and 
times of holding the different courts. 7 
vol. 335 

Circuits remodeled, and times of hold- 
ing the courts. 7 vol. 339 

Times of holding some of the courts 
changed. 7 vol. 341 

South-western circuit, a .solicitor assign. 
ed to it. 7 vol. 337 

III. COURT OF CHANCERY. 

See Appeal Court in Chancery. 

The Governor and a majority of his 
council, empowered to hold a court of 
chancery, with as extensive jurisdiction 
as that of any in America. 7 vol. 163 

Always open, but there shall be four 
times each year for full and solemn hear- 
ings, times and places prescribed. 7 vol. 
164 

Shall sit until the business, ready, shall 
be disposed of. 7 vol. 164 

Register, 12 days, at least, before each 
court, shall affix at the public Watch- 
house, in Charleston, a list of all causes 
VOL. X— 21. 



to be heard, and in case there is no cause, 
notice thereof and the court adjourned. 
7 vol. 164 

All officers of the court to reside in 
Charleston, and give their personal at- 
tendance. 7 vol. 164 

In what cases the chief justice or mem- 
bers of council shall not vote in the court 
of chancery. 7 vol. 164 

Where the decree exceeds three hun- 
dred pounds, appeals allowed to his Ma- 
jest}' in his privy council in Great Brit- 
tain ; provided, it be craved within one 
month after judgment, and that before 
such appeal be allowed, security be given 
by the appellant, in double the value of 
the matter in ditference, to pay the value 
of the thing adjudged, with all costs and 
damages, as shall be awarded by his Ma- 
jesty, &;c. 7 vol. 164 

Provided, no execution on such decree 
shall be stayed or suspended by reason of 
such appeal, so as the party taking out 
such execution, in like manner give secu- 
rity, to the value only of the matter in 
difference, to make restitution in case the 
decree be reversed, in three years after 
decree by the court of chancery. 7 vol. 
165 

The court shall proceed in all cases, as 
near as may be, according to the known 
laws, customs, statutes and usages of the 
Kingdom of Great Britain, and high court 
of chancery. 7 vol. 165 

All former Acts repealed. 7 vol. 165 

The Governor, and a majority of the 
King's council for the time being, actual- 
ly resident in the Province, empowered to 
hold a court of chancery, with as full 
powers as any chancellor or court of chan- 
cery in America can or may do. 7 vol. 
192 

First and ninth clauses of the Act of 
17<J1, (7 vol. 163, 165,) repealed, and five 
members of the council not required to 
grant injunctions, but a majority of those 
resident. 7 vol. 192 

Cases in chancery not abated by the 
death of a party, but reserved and to be 
heard, on notice to the representatives of 
the opposite party. 7 vol. 206 

The courts, after suspension by the 
revolution, &c., vested with their former 
powers. 7 vol. 207 

The court of chancery vested, by the 
constitution of 1778, in the Lieutenant 



162 



COURTS. 



Governor and a majority of the privy 
council, abolished, and the jurisdiction 
vested in three chancellors, to be chosen 
by joint ballot of both Houses, during 
good behavior, removable on address to 
both Houses. 7 vol, 208 

Oath the chancellors shall take before 
entering upon the duties of their offices. 
7 vol. 208 

Any body presuming to execute the 
office without taking the oath, to pay a 
penalty of £10,000. 7 vol. 208 

All the powers, at any time vested in 
or exercised by a court of chancery of this 
State, for the purpose of making such 
rules and orders as may be thought ex- 
pedient and necessary for carrying on the 
proceedings in the court, either before or 
since the revolution, vested in the chan- 
cellors, or any two of them, who may 
hear and determine all such matters and 
causes as shall be brought before them. 7 
vol. 208 

The chancellors, or any two of them, 
may establish such standing rules and or- 
ders, as they shall deem most consistent 
with equity, and may tend to the dispatch 
of business. 7 vol. 208 

Undecided cases in chancery to be 
deemed pending, and to be decided in one 
vear after the passing of this Act, (1784) 
7 vol. 209 

All new suits to be determined within 
one year after being commenced, unless 
upon application, in full open court, in 
term time, and for special reasons assign- 
ed, on account of absence of material 
witnesses, or of some of the parties, or 
other equitable cause, the court shall think 
proper to extend the time (not exceeding 
twelve months longer) for the determina- 
tion of the suit. 7 vol. 209 

Court to be considered as always open 
for administering justice to the suitors, 
and in the vacation, any of the Judges 
may make such rules and orders, prepara- 
tory to hearing, in any suit or cause 
pending, as may be necessary. 7 vol. 209 

Held only in Charleston, and stated 
terms for holding. 7 vol. 209 

Causes to be set down for hearing, ten 
days previous to the first day of each 
term. 7 vol. 209 

A register to be appointed by the Go- 
vernor and council, for good behavior. 7 
vol. 209 



Proceedings in case defendant is with* 
out the Sate. 7 vol. 210 

Where a party refuses to appear. 7 vol. 
210 

Decrees enforced by execution. 7 vol. 
211 

The court of chancery to have full pow- 
er, on application, in term time, and for 
special reasons to be assigned on account 
of the absence of material witnesses, or 
of some of the parties, or any other equi- 
table cause, to extend the time for the de- 
termination of such suit or petition, (not 
exceeding twelve months,) longer than 
the year allowed by the Act establishing 
the court of chancery. 7 vol. 252 

Laws of force for establishing and re- 
gulating a court of chancery, continued 
until repealed or altered. 7 vol. 258 

Court of chancery not to sit alone 
hereafter in Charleston, but courts of 
equity to be held in various districts of the 
State. 7 vol. 258 

Six days allowed for each court. 7 vol. 
258 

The examination of all witnesses to be 
taken by word of mouth, in open court, 
subject to such regulations and exceptions 
as the court may direct. 7 vol. 258 

Where aged, sick, or infirm persons, or 
witnesses out of the State, are to be ex, 
amined, the court may issue commissions. 
7 vol. 259 

In all cases under the value of £100, 
and cases not litigated, the complainants 
may present their cases by petition, on 
oath, setting forth the true nature of the 
case, or sum really due, a copy to be 
served on the opposite party, at least 30 
days before the sitting of the court, with 
notice thereon to appear at a certain day, 
to answer, if necessary, the petition. 7 
vol. 259 

If the party so served do not appear, 
and offer some substantial defence, the 
court shall proceed to make such order as 
to justice and equity shall appertain. 7 
vol. 259 

If defendant appear at the return, and 
shew sufficient reasons, on oath, for going 
into a more ample investigation of the 
case, witnesses may be examined to alle- 
gations, as in other cases. 7 vol. 259 

Chancellors to make all such rules and 
regulations as may be necessary. 7 vol. 
259 



COURTS. 



163 



h 



Any one may hear all motions, and 
inake all necessary orders, in any cause, 
before the hearing and final decree. 7 vol. 
259 

The chancellors to cause the principal 
facts and reasons, on which they found 
their decree, to appear upon record. 7 vol. 
260 

Suits in equity shall not be sustained 
where there is plain and adequate reme- 
dy at law. 7 vol. 260 

Each chancellor shall ride the circuit, 
unless prevented by sickness, or other una- 
voidable accident. 7 vol. 260 

All suitors and defendants may do their 
own business, without application to coun- 
sellors or solicitors. 7 vol. 260 

Time of sitting in different districts. 7 
vol. 27S 

Injunctions, mode of obtaining delay 
until motion is made. 7 vol. 278 
Mode of obtaining. 4 vol. 279 
The defendant to a judgment at law, 
at any time within forty days after the 
adjournment of the court at which it was 
obtained, may give notice to the sheriff 
that he intends to file his bill, praying for 
a writ of injunction, and shall annex 
thereto an affidavit of such intent, and 
the sheriff shall (making an entry in his 
books of the time of notice,) be bound, 
on receiving security, to stay further pro- 
ceedings on the execution ; provided, the 
notice be served on him before the actual 
sale of the property. 7 vol. 279 

And where levies have been made on 
any moveable property, the complainant, 
on giving bond to the sheriff, with two 
good sureties, to be approved by him, 
subject to the future approbation of the 
court, in double the value of the property 
so levied on, conditioned to return in good 
order to the sheriff the whole of the pro- 
perty, if the complainant does not pro- 
cure an injunction and cause it to be 
served on him, within thirty days from 
the date of the bond, shall be entitled to 
receive back and retain all such movea- 
ble property ; and the said complainant 
shall be bound to proceed and file his bill, 
and apply for an injunction, within 20 
days after giving such bond. 7 vol. 279 
And if no injunction be served on the 
sheriff within thirty days after the bond, 
he shall then proceed under the execution, 
after legal notice ; and if the complainant 



will not forthwith deliver up such proper- 
ty, the sheriff sl,iall assign the bond to the 
plaintiff in the suit, who may sue thereon 
and recover the penalty of the bond, with 
costs, in which suit no imparlance shall 
be allowed. 7 vol. 279 

Times for holding at Charleston, Co- 
lumbia and Cambridge, altered. 7 vol. 297 
Districts divided into four equity cir- 
cuits. 7 vol. 297 

District sheriff to execute all process 
from the court of equity. 7 vol. 297 
And shall attend the court. 7 vol. 297 
Two chancellors to attend each court. 
7 vol. 297 

Commissioners and registers to be ap- 

pointed for each district court. 7 vol. 298 

All causes to be tried in the jurisdiction 

of circuits heretofore marked out. 7 vol. 

298 

Certain suits declared pending. 7 vol. 
298 

Court of equity for Charleston, Colle- 
ton and Beaufort, when to sit. /^ vol. 381 
The State divided into three equity cir- 
cuits. 7 vol. 304 

Into equity districts. 7 vol. 304 
One chancellor to attend each court, 
and his decrees and orders, where there 
are no appeals, to be final and conclusive. 
7 vol. 304 

Chancellors may make orders of refer- 
ence, ten days notice of the motion, of 
the time, place and judge before whom it 
is intended to be made, to be given. 7 
vol. 305 

The chancellors shall make all further 
rules and regulations necessary for the 
court. 7 vol. 30o. 

All papers relating to Columbia district, 

to be removed there, and a commissioner 

to be appointed for that court. 7 vol. 305 

The sheriff of Richland to attend the 

court at Co.!umbia. 7 vol. 305 

Two additional chancellors to be elect- 
ed. 7 vol. 305 ^ 

Their salaries to be the same as the law 
judges. 7 vol. 305 

All writs of subpoena ad respondaidum 
to require the defendant to appear on a 
day certain, and put in his plea, answer 
or demurrer, within thirty days after, and 
shall be served ten days at least before the 
appearance day therein expressed. 7 vol. 
306 

Power of the tnaster or commissioner, 



164 



COURTS. 



as to putting in answers, taking bills pro 
confesso, &c. 7 vol. 306 

As to ne exeats and attachments to en- 
force orders of the court. 306 

A court established for Beaufort. 7 vol. 
310 

A commissioner to be appointed. 7 vol. 
310 

The sheriff of Beaufort to attend the 
court. 7 vol. 310 

Suits to be transferred there from 
Charleston. 7 vol. 310 

The court may continue a cause longer 
than three years, by consent of the par- 
ties, or on good and sufficient cause, in 
any case where there has been pronounc- 
ed any decretal order within three years 
from the filing of the bill. 7 vol. 310 

When the court to sit in Charleston. 
7 vol. 310 

Court when to sit in Charleston. 7 
vol. 311 

Power and duties of the Master and 
Commissioner and Register of Charles, 
ton. 7 vol, 315 

Register and commissioner's official 
bond. 7 vol. 315 

Special courts of equity may be order- 
ed by the judges in the appeal court of 
chancery. 7 vol. 317 

Security to be given by the masters and 
commissioners as receivers. 7 vol. 323 

Duties and compensation of receiver. 
7 vol. 323, 224 

How to proceed when commissioners or 
registers go out of office. 7 vol. 324 

No commissions allowed on sales not 
actually made. 7 vol. 324 

Fees in cases of guardians or petitions. 
7 vol. 324 

Appeals to be taken to the new court 
of appeals in law and equity. 7 vol. 325 

This new court of appeals may order 
special courts of law or equity. 7 vol. 
326 

Court of chancery reduced to two 
chancellors, and how to be chosen. 7 
vol. 326 

One regular court to be held in each 
district annually. 7 vol. 326 

If a chancellor be unable to hold his 
court, one of the appeal judges to hold it 
for him. 7 vol. 326 

The State divided into four equity cir- 
cuits, viz. The first, second, third and 
fourth circuit. 7 vol. 326 



Master and commissioners to report 
annually. 7 vol. 327 

Chancellors to call upon the comrais- 
sioners to make returns, or liable them- 
selves. 7 vol. 328 

Master and commissioners to make re- 
port of guardians and trustees who have 
not made returns. 7 vol. 328 

Only half costs allowed in cases of par- 
tition under $2,000. 7 vol. 328 

A court of equity to be held in Charles- 
ton on the 2d Monday in September. 6 
vol. 56 

Extra courts may be ordered by the 
Chancellors to finish business accumulat- 
ing. 7 vol. 329 

Chancellors may appoint a register to 
discharge the duties, in case of the sick- 
ness or inability of the incumbent to dis- 
charge his duties, during the sitting of 
the court. 7 vol. 329 

In Georgetown, when to sit. 7 vol. 
330 

Lexington district established, and pa- 
pers to be transferred from Columbia to 
Lexington. 7 vol. 330 

Courts of equity, when to be held in 
the different districts. 7 vol. 330 

Time of sitting of the courts of the 
several districts. 7 vol. 333 

A cause may be taken to the appeal 
court, upon four days notice, though the 
decree be delivered while the court of 
appeals is in session. 7 vol. 334 

Courts, when to be held in the different 
districts. 7 vol. 336 

Places and times of holding the courts, 
changed. 7 vol. 340 

The sittings of some of the courts al- 
tered. 7 vol. 340 

In all questions of law distinguished 
from equity, the court of chancery to 
follow the decision of the court of law. 
7 vol. 340 

Chancellors, by consent of parties, 
may hear causes at chambers, and may 
hold special courts, whenever deemed ne- 
cessary. 7 vol. 340 

Commissioners for Chesterfield and 
Marlborough, and for Horry. 7 vol. 340 

Court of appeals in chancery, when 
and where to sit. 7 vol. 340 

Each chancellor shall have power to 
hear at chambers, and to confirm or re- 
fuse to confirm, reports of commissioners, 
in all matters of account and partition ; 



COURTS. 



165 



i 



and to hear, and make the proper orders 
on, all petitions for guardians ; provided, 
that on any application to a chancellor at 
chambers, reasonable notice thereof to 
the party or parties in interest, shall be 
given. 7 vol. 341 

IV.— COUNTY COURTS. 

Their origin and character. 1 vol. 
433, 434 

County and precinct courts established, 
(1721.) 3 vol. 147 

Courts of pleas, (civil and criminal,) 
assize and gaol delivery, established at 
Wassamasavi', Echaw, Willtown and 
Beaufort. 7 vol. 166 

Also, one at Lewis Dutarque's planta- 
tion. 7 vol. 166 

These courts called county or precinct 
courts. 7 vol. 166 

Any five of the magistrates of said 
parishes who shall be in the commission 
of the peace, and commissioned by the 
Governor for that purpose, shall be judges 
and justices of the said courts. 7 vol. 
166 

Three to constitute a quorum, and to 
associate and assemble themselves at the 
respective courts in their respective juris- 
dictions, at the times prescribed bv the 
Act. 7 vol. 166 

And have full power to hold pleas of 
all matters, civil and criminal, within 
their respective jurisdictions, according to 
the laws, usages and customs of the Pro- 
vince of South Carolina; so that such 
laws be not repugnant to those of Great 
Britain, but as near as may be, agreeable 
thereto. 7 vol. 166 

The first in commission to be President 
of the court, and in his absence, the 
ne.xt, &,c. 7 vol. 167 

Oath the President shall administer to 
the others, and take liimself. 7 vol. 167 

When the courts to meet. 7 vol. 167 

Jurisdiction not to extend to life or 
limb, which alone is within the jurisdic- 
tion of the General Sessions at Charles- 
ton. 7 vol. 167- 

Jury to be drawn from the ballotting 
box of the whole Province. 7 vol. 167 

Jurisdiction not to extend in civil cases 
to sums exceeding the value of £100, 
which can alone be decided at the gene- 
ral court to be held at Charleston. 7 
vol. 167 



No habeas corjms cum causa, allowed 
for removing the cause or body of the 
defendant out of the said county court, 
unless the cause there brought be for 
above £100. 7 vol. 166 

Where the value does not exceed £25, 
appeal allowed to the general court in 
Charleston, which shall have power to 
hear and determine all such appeals, as 
may be consistent with the laws and 
statutes of Great Britain, and usages of 
South Carolina. 7 vol. 167 

Appeals to be craven at the time judg- 
ment is given in the county court, or at 
the next sitting thereof. 7 vol. 167 

Before appeal allowed, the party ap- 
pealing to enter into bond before the said 
court, in double the value of the matter 
in difference, to answer the value of the 
thing or sum adjudged, with such costs 
as shall be awarded by the general court, 
in case the judgment be affirmed. 7 vol. 
168 

Provided also, that no execution on 
such judgment shall be stayed by such 
appeal, if the party taking out execution 
enter into bond before the said court, with 
sufficient security, to the value of the 
sum or matter adjudged, to make restitu- 
tion, if such judgment be reversed, in 
12 months after obtaining such judgment 
in the county court. 7 vol. 168 

If the judgment be affirmed, and the 
judges of appeal be of opinion that the 
appeal was groundless and vexatious, they 
shall certify the same on the back of the 
appeal, and in such case, the appellant 
shall pay to the appellee treble the costs 
of suit awarded in the county court. 7 
vol. 168 

No clerk of the county court to prac- 
tice as attorney, &;c. in any case in this 
court, or appeal from it, under penalty. 
7 vol. 168 

When actions are brought, in what pre- 
cincts to be tried. 7 vol. 168 

Merchants accounts, certified and prov- 
ed by oath, admissible as evidence in the 
county courts. 7 vol. 168 

All special courts for transient persons, 
shall be held in Charleston. 7 vol. 169 

Manner of proceeding in this court. 
The writ to contain the declaration. 
Time allowed for special plea, &;c. 7 
vol. 169 



166 



COtJRTt^. 



The justices to make and establish 
rules of court. 7 vol. 169 

Original writs granfable out of the 
general court of Charleston, or other 
county court hereby erected. 7 vol. 169 

Plaintiff being indebted to the defen- 
dant, discount allowed, if one month be- 
fore trial, a copy of the discount be de- 
livered to the plaintiff or his attorney. 7 
vol. 169 

Captains of companies to give in lists 
of their companies to form juries. Man- 
ner of drawing jurors, 7 vol. 170 

Fine for absence. 7 vol. 170 

Witnesses, their duties and liabilities, 
and allowances. 7 vol. 170 

Matters of freehold tried in the county 
where the land lies. 7 vol. 171 

Where lines are in dispute, the justices 
to appoint surveyors. 7 vol. 171 

Persons misbehaving in court, to be 
fined, not exceeding £20, and imprisoned 
until paid. 7 vol. 171 

Clerk of court shall, yearly, transmit 
to the Governor all fines, forfeitures, &c. 
7 vol. 171 

Power to punish obstinate servants. 7 
vol. 171 

May license taverns, victualling, ale 
and punch houses, and public inns, or 
suppress them, if convicted of being dis- 
orderly, as entertaining servants, negroes, 
common drunkards, lewd, idle and dis- 
orderly persons, selling liquors on Sun- 
days, or times of divine service. 7 vol. 
171 

Forfeiture for keeping tavern without 
license. 7 vol. 172 

May punish disorderly and idle persons, 
and common drunkards, profane cursers 
or swearers, Sabbath breakers, and sup- 
press all vice and immorality within their 
jurisdiction. 7 vol. 172 

May take order concerning all bastards, 
in as ample a manner as the chief justice 
or judges of the general court. 7 vol. 172 

May sue for all legacies, gifts and do- 
nations given to free-schools, and other 
public uses, within their respective coun- 
ties, and to appoint one or more treasurers 
for collecting the same, who shall be trea- 
surer of the county. 7 vol. 172 

The President, with the advice and 
consent of a majority of his court, may 
determine on the right of administration 
on estates of persons intestate, and all 



disputes concerning wills and executor-' 
ships, with right of appeal to the Gover- 
nor ; letters of administration and testa- 
ment, to be signed by the Governor. 7 
vol. 172 

To take bond for the due administra- 
tion. 7 vol. 172 

The President and majority of his 
court, may take order concerning orphans' 
estates. 7 vol. 172 

That all orphans be duly educated and 
provided for, out of the interest and in- 
come of his estate, if the same will bear 
it ; otherwise, to be bound apprentice to 
some trade ; to appoint guardians to such 
orphans, and to remove them and appoint 
others ; or change the master to whom 
they are bound, for cause ; to call guar- 
dians to account ; to take care the lands 
of orphans are not sold during their mi- 
nority, or waste committed on their lands ; 
to call persons to account who have em- 
bezzled their estates ; to take measures 
to improve their estates. 7 vol. 173 

Proceedings therein to be by petition 
or bill and answer, to be brought by pro- 
chain amy. 7 vol. 173 

Shall have full power, as the court of 
ordinary, or any court of law or equity, 
in that behalf; and keep a record of pro- 
ceedings. 7 vol. 173 

Attested copy of proceedings to be 
given to any one applying, paying rea- 
sonably for the same. 7 vol. 173 

To compel executors to account when 
they suspect them of squandering the 
estate of minors, and to give bond to ac- 
count to minors when they come of age, 
for the estate coming into their hands. 7 
vol. 173 

Bond to be given to the President of 
the court in trust for the orphan. 7 vol. 
173 

To inspect the accounts of church- 
wardens, and to see that they perform 
their duties to the poor. 7 vol. 173 

Who allowed to practice in. 7 vol. 173 

No person attending court to be arrest- 
ed, coming to or going from, not exceed- 
ing one day before and oiie after sitting 
of the court, unless in a criminal matter, 
breach of the peace, or other misdemea- 
nor. 7 vol. 174 

Debtors in prison on mean process or 
execution, how they may be discharged, 
if not worth forty shillings. 7 vol. 174 



COURTS. 



167 



doing. 



But if sworn falsely — penalty for so 

7 vol. 174 
Not to extend to any debt contracted 
before the Act. 7 vol. 174 

Court houses and gaols for the county 
courts to be built, and how. 7 vol. 174 

Actions for debts contracted before 
this Act, to be sued at Charleston, at the 
option of the plaintitF. 7 vol. 175 

Executions to run into all the counties 
and precincts of the Province, and be re- 
turnable to the court whence issued. But 
all mesne process shall be directed only 
to the marshall of the county, except it 
be for a debt, bona Jide, of the value of 
£100, which shall issue out of the general 
court of Charleston, and run into all the 
counties, and except for a debt contrac- 
ted before the Act, in which case the 
process shall run into all the counties. 7 
vol. 175 

Provost Marshall to appoint deputies in 
each county court, for executing process 
and keeping the prisons ; and the Provost 
Marshall shall be answerable for all es- 
capes, and other misfeasances and neglect 
of his deputies; and shall be subject to 
such actions, penalties and fines, as any 
sheriff or sub-sheriff in South Britain ; 
provided, such fines, &c. be imposed on 
him by the general court in Charleston. 
7 vol 175 

Justices of county courts allowed the 
same fees as allowed the chief justice in 
Charleston, to be divided among them, 
and the other officers of the court the 
same fees as the officers of the courts of 
Charleston. 7 vol. 175 

To be courts of record. 7 vol. 175 
All process of subpoena for witnesses in 
civil and criminal cases, from the supreme 
court of Charleston, or the county court, 
attachments for contempt, and other com- 
pulsory process to enforce obedience to 
any interlocutory order, judgment or de- 
cree, shall run and be issued into all 
the counties and precincts of the Province 
7 vol. 175 

Attested copies of Acts of Assembly, 
and of records, &c. allowed as good evi- 
dence ; and also all testimonials, probates, 
certificates, and other instruments under 
the great seal of this Province, or any 
of the other governments of America, 
Bishop of any diocess. Lord Mayor of 
London, or Mayor of Chief Magistrate of 



any town corporate in Great Britain, Ire- 
land, or any of the plantations, or else- 
where, or under the court seal of any 
court of judicature, or under the sign 
manual or notarial seal of any Notary 
Public of any of the places aforesaid, al- 
lowed as good evidence in any court of 
this Province. 7 vol. 176 

The court of orphans always open, to 
hear and determine the right to adminis- 
tration, disputes concerning wills, execu- 
torships, calling guardians to account 
&c. 7 vol. 179 ' 

Fifteen days notice always to be given 
to the parties concerned. 7 vol. 179 

The common pleas and sessions of the 
county courts to sit twice a year instead 
of four times. Times of sitting appointed. 
7 vol. 179 

Cause to be tried in the county where 
the defendant lives at the time the suit is 
commenced, no matter in what county he 
may be arrested. 7 vol. 179 

Method of practising to be observed in 
the county courts. 7 vol. 169, 175, 180 
Jurors, who shall serve as such, and 
their exemptions. 7 vol. 181 

Talesmen to be chosen from the stan- 
ders by. 7 vol. 181 

The Judges, Coroners, Marshals and 
Constables, not bound to attend the courts 
in Charleston. 7 vol. 181 

Coroners to be appointed and removed 
by the justices of the county courts, in 
their counties, with the consent of'the 
Governor, and Coroner's jurisdiction only 
to extend to the county. 7 vol. 181 

The justices to appoint, punish and 
remove constables. 7 vol. 181. 
May fine Coroners. 7 vol. 181 
Justices may adjourn the court. 7 vol 
181 

Any Barrister or Attorney at Law may 
prepare and prosecute indictments for 
criminal offences, by leave and appoint, 
ment of the justices, and be allowed the 
same fees as the attorney general, in case 
of his absence, 7 vol. 181 

Justices empowered to build court, 
houses, goals, and public inns, and pur. 
chase lands for pasturing horses, and to 
assess the same on the lands and negroes 
of the county; also for building a free- 
school. 7 vol. 182 

Pay of school-master. 7 vol. 182 
His qualifications. 7 vol. 182 



168 



COURTS. 



Shall teach the poor children gratis. 7 
vol. 182 

Writs of replevin on bail bonds, and 
bonds on writs of replevin, scire facias, 
capias prqfine, and all other writs, where 
the cause was originally pending in the 
county courts, shall run over the whole 
Province, and be returnable to such coun- 
ty wherein the same issued. 7 vol. 182 

The Courts at Charleston to have the 
same power. 7 vol. 183 

Fines imposed on justices for non-atten- 
dance, to cease. 7 vol. 183 

Justices empowered to lay out, alter, 
repair, amend and keep in repair, all such 
roads as they shall think proper and con- 
venient to be made, mended and repaired, 
leading to and from the county courts, 
and to appoint such persons's slaves to 
work on them, as are living within their 
respective jurisdictions, when, where and 
as often as they shall think needful ; or to 
assess and levy all such sums on the in- 
habitants within their jurisdiction, which 
they shall agree to pay to any person who 
shall undertake the doing thereof; and 
are vested with all the powers of commis- 
sioners of high-roads, so far as to enable 
the justices to cause the roads leading to 
the said courts to be made, mended and 
repaired. 7 vol. 183 

Fines accruing under the Act and for- 
mer Act, to be sued for in the name of 
the King, and paid to the treasurer. 7 
vol. 183 

County courts established in each coun- 
ty of this State, to be held once in every 
three months. 7 vol. 212 

To be held by seven justices of the 
peace, to be elected by joint nomination 
of the Senate and House of Representa- 
tives. 7 vol. 212 

Vacancies by death, resignation, or 
removal out of the county, to be filled by 
the remaining justices, or a majority of 
them, until the next meeting of the Le- 
gislature, and to be commissioned by the 
Governor during good behaviour. 7 vol. 
212 

Three or more to form a quorum to do 
business. 7 vol. 212 

Before entering upon the duties of the 
office, to take an oath prescribed. 7 vol. 
212 

The oath. 7 vol. 212 

Penalty for executing the duties of 



the office without taking the oath. 7 vol. 
212 

The county courts, when and where to 
sit. 7 vol. 212 

Jurisdiction to extend in all cases at 
common law, to any amount where the 
debt shall be liquidated by bond or note, 
or where the damages on open account, 
assumpsit, detinue or trover, shall not ex- 
ceed fifty pounds, and in all other per- 
sonal actions, where the damages shall 
not exceed twenty pounds, or where the 
title or bounds of lands shall be in ques- 
tion ; and except also, such criminal 
causes, where the judgment shall extend 
to loss of life or member, or for the inflic- 
tion of corporal punishment ; and except 
all causes of less value than is directed by 
the Act for the trial of small and mean 
causes, until the holding of the first coun- 
ty court in each county, when the juris- 
diction of a single magistrate shall be con- 
fined to twenty shillings, and no more. 
7 vol. 213 

Attachments, where the demand would 
originally have been cognizable in the 
county courts, to be returned to the next 
county court of the county, and to be 
served by the county sheriff and his de- 
puty. 7 vol. 213 

All process to be issued and bear test 
by the clerk of every county court, and 
be dated on the day issued, and returna- 
ble to the succeeding court, and shall be 
executed 4 days before return day thereof. 
7 vol. 215 

Not to be executed, if lodged too late 
to be executed as above directed, but to 
be so returned 7 vol. 215 

If process be taken out within those 
four days, to be returnable to the next 
court. 7 vol. 215 

Process not so returned, void. 7 vol. 
215 

Except in criminal cases, where the 
warrant may be returned at any <^ime. 7 
vol. 215 

Sheriff interested, Coroner to officiate. 
7 vol. 215 

In case of bail. 7 vol. 215 

And proceedings in such cases. 7 vol. 
215 

The clerks of the courts to preserve 
the records. 7 vol. 217 

Minutes of the proceedings to be read 
in court every day. 7 vol. 217 



COURTS. 



169 



To be subscribed by the justices. 7 vol. 
217 

No proceedings of judgments of any 
court to be of force or valid, until the 
same be read in open court and signed. 7 
vol. 217 

Jurisdiction in case of debt not exceed- 
ing £5 and not under 2()s by sum. pro. 
without a jury. 7 vol. 217 

Method of proceeding by petition in all 
cases arising on judgment, bond, note, 
account, detinue or trover, &c. 7 vol. 218 

Forfeitures on penal statutes not ex- 
ceeding £5. 7 vol. 218 

Courts failing to sit, causes to be con- 
tinued. 7 vol. 218 

Witnesses, how to be summoned. 7 vol. 
219 

Compensation, duties and rights of wit- 
nesses. 7 vol. 219 

In what cases appeals allowed, and 
mode of appeal. 7 vol. 220 

Writs o^ supersedeas, when granted in 
case of proceedings in country courts. 7 
vol. 220 

Certiorari. 7 vol. 221 

Habeas corpus cum. causa, to the cir- 
cuit court. 7 vol. 221 

Clerical mistakes, how to be amended. 
7 vol. 221 

Clerks, how to be appointed. 7 vol. 221 

How removed. 7 vol. 222 

To provide record books. His fees, and 
how to be collected. 7 vol. 222 

May appoint deputy. 7 vol. 223 

His oath. 7 vol. 223 

feherifFs, how appointed, term of office, 
to give bond, take oath of allegiance, with 
oath of office. 7 vol. 223 

Penalty for assuming the office without 
due qualification. 7 vol. 223 

Under sheriff and deputy. 7 vol. 223 

Oath of sheriff. 7 vol. 224 

Sheriff dying or removing, and penalty 
for refusing to serve. 7 vol. 224 

Duties and liabilities of sheriff. 7 vol. 
224 

Process in civil cases not to be served 
on Sundays. 7 vol. 225 

Distress, in what cases allowed, and 
method of sale. 7 vol. 225 

Judgment against a sheriff or other, 
for an escape, not to be given, unless 
the jury find the escape to have been a 
voluntary or negligent one, or that the 
prisoner might have been retaken, but that 
VOL. X— 22. 



immediate pursuit was neglected. 7 vol. 
225 

Mode of retaking a prisoner if he es- 
capes from a county prison. 7 vol. 225 

iSheriff may impress a guard. 7 vol. 226 

Maintenance of prisoners. 7 vol. 226 

Sheriffs defaulting, how to be proceeded 
against. 7 vol. 226 

Executions, how to be sued out. 7 vol. 
226 

Forms thereof. 7 vol. 227 

Form of returns. 7 vol. 228 

In case a debtor die in prison. 7 vol. 
228 

A second execution may issue, where 
the first is not executed. 7 vol. 228 

Fi. fa. when to take effect. 7 vol. 229 

Property taken in execution, how to be 
sold. 7 vol. 229 

Writ of vefidiiioni eo:ponas. 7 vol. 229 

Lands and slaves exempt, if other pro- 
perty is shewn. 7 vol. 229 

Execution may issue into any county 
where debtor or his estate may be found. 
7 vol. 230 

Insolvent debtors, how to take benefit 
of an assignment to creditors. Schedule, 
oath,&c. 7 vol. 231 

Punishment for false schedule. 7 vol. 
231 

Plaintiff liable for support of insolvent 
debtor in goal. 7 vol. 231 

No costs in assault and battery, if ver- 
dict for less than two pounds, lavvful mo- 
ney. 7 vol. 231 

Trespass vi et armis. 7 vol. 231 

Case of several defendants. 7 vol. 231 

Death of party pending suit. 7 vol. 
231. 

Death of a party after interlocutory 
judgment, does not abate the case. 7 vol. 
231 

Nor death of one, of several plaintifis, 
if the right survives. 7 vol. 232 

Power of attorney for confessing judg- 
ment null and void. 7 vol. 232 

Plaintiff out of the State, to give se- 
curity for costs. 7 vol. 232 

Notes of hand, &c. not under seal, 
to be specialties and sued in debt. 7 
vol. 232 

Deeds, how to be proved and recorded. 
7 vol. 232 

Livery of seizen to be recorded. Dower 
and inheritalice, how to be relinquished 
and released by fvinc coverts. Ma}' be 



170 



COURTS. 



done by commission. 7 vol. 232 

Conveyances, mortgages, &c. to be re- 
corded. 7 vol. 234 

Method of proceeding in criminal cases, 
to be the same as in courts of general 
sessions, &c. &c., and the justices to have 
the same powers, in ca.ses within their 
jurisdiction. 7 vol. 234 

Juries, how to be drawn and summon- 
ed. 7 vol. 234 

County attorney to be appointed by the 
justices. 7 vol. 23-5 

Forn)s of process in the county courts. 
7 vol. 235 

County courts to license tavern keep- 
ers. 7 vol. 236 , 

Jurisdiction over roads, bridges and 
ferries. 7 vol. 237 

To be established in Charleston, 
Georgetown and Beaufort, only on cer- 
tain conditions. 7 vol. 238 

Fees in the county courts. 7 vol. 238 

Weights and measures. 7 vol. 242 

County court Act amended. 7 vol. 243 

Additional magistrates to be appointed. 
7 vol.243 

Jurisdiction as to felonies. 7 vol. 243 

Jurisdiction of a single magistrate. 7 
vol. 243 

Summary jurisdiction. 7 vol. 243 

Summary jurisdiction to extend to ten 
pounds. 7 vol. 243 

If both parties desire it, it may be tried 
by a jury, on application of either party, 
at his expense. 7 vol. 243 

Deputy clerk, how appointed. 7 vol. 
243 

Clerk's office to be kept at the court 
house. 7 vol. 243 

Courts of certain counties, when to be 
held. 7 vol. 244 

Limits ofWinlon county. 7 vol. 244 

Clerk's and Sheriff's fees, 7 vol. 244 

Deeds, how to be proved, the law 
amended. Not necessary to be done in 
court. 7 vol. 244 

Done by dcdimus, 7 vol. 244 

Court established in Greenville. 7 vol. 
244 

Justices in each county increased to 
eleven. 7 vol. 245 

Grand juries only summoned twice a 
year. 7 vol. 245 

Fines and forfeitures imposed in the 
county courts, for the use of the country. 
7 vol." 245 



The powers of the church wardens and 
court of .sessions, vested likewise in each 
county court. 7 vol. 245 

Powers of the ordinaries vested in the 
county courts. 7 vol. 246 

Jurisdiction of a single magistrate ex- 
tended to three pounds, an appeal being 
allowed to the county court, but double 
costs may be allowed, if the justices 
think the appeal not on just grounds. 7 
vol. 246 

Not necessary for grantors to acknow- 
ledge deeds in open court, nor for the 
witnesses to prove them there. 7 vol. 247 

How it may be done. 7 vol. 247 

Jurisdiction of single magistrates, 
where there are county courts, extended 
to five pounds, with right of appeal. 7 vol. 
247 

Clerk's fees, for duties of ordinary. 7 
vol. 248 

Quorum of the court to appoint consta- 
bles. 7 vol. 248 

Boundaries of certain counties. 7 vol. 
248 

Constables may take property under 
attachment, not exceeding twenty pounds. 
7 vol. i48 

Groundless appeals from the county 
court, the attorney to pay the costs. 7 
vol. 248 

Attorney's fees. 7 vol. 248 

Abbeville entitled to three magistrates 
extra. 7 vol. 249 

Quorum of the justices of the county 
courts to qualify justices of the peace. 7 
vol. 249 

Pendleton county laid out. 7 vol. 252 

Some dissatisfaction with county courts. 
7 vol. 266 

Justices of the County Courts vested 
with power of Vestry and Church War- 
dens, as to the poor, and orphan children. 
5 vol. 122 

County courts established in Edgefield, 
Abbeville, Pendleton, Greenville, Lau- 
rens, Newberry, Spartan, Union, York, 
Chest:;r, Fairfield, Richland, Lancaster, 
Kershaw, Claremont, Clarendon, Marl- 
borough, Chestf'-field and Darlington. 7 
vol. 266 

To be held by three county court 
judges, for the trial of small and mean 
causes, to be elected by a joint nomina- 
tion of the Senate and House, and to be 
qualified according to the "Act to es- 



COURTS. 



171 



tablish county courts and regulate the 
pioceedingst herein," (7 vol. 211.) 7 vol. 
266 

Vacancies to be filled by the Governor, 
until the meeting of the Legislature, by 
them to be annulled or confirmed. 7 vol. 
266 

Any two to have authority to hear and 
determine all causes, matters and contro- 
versies, within their jurisdiction. 7 vol. 
266 

Courts to be held twice a year — to sit 
10 days, if so long be required. 7 vol. 266 

Two, intermediate, to be held in each 
county, by one or more of the said judges. 
7 vol. 266 

Jurisdiction confined to granting of 
tavern licenses, appointing commission- 
ers and overseers of roads and bridges, 
business relative to the poor of the 
county, and any other powers vested in 
them by law ; and the regulation of the 
police of their counties, when a judicial 
decision is not required or necessar3^ 7 
266 

Each court to be held four days at each 
term, unless the business be sooner fin- 
ished. 7 vol, 266 

Days of holding courts for the several 
counties. 7 vol. 266 

Grand juries of the county courts to 
have equal and concurrent jurisdiction 
in their counties, as the grand juries of 
the circuit courts in their districts. 7 vol. 
267 

Where they find a bill on a charge of 
a higher nature than the county court can 
try, the persons indicted shall be referred 
for trial to the next court of sessions for 
the circuit court district where the oflence 
has been committed, and the indictment 
and proceedings removed to that court ; 
and the county court shall bind over all 
witnesses for the State or the accused, to 
appear at that court. 7 vol. 267 

If the bill of indictment be not found, 
the person accused shall be entitled to 
his release. 7 vol. 267 

The county attorney shall be entitled 
to such fees for preparing the indictment, 
as are taken by the Attorney General in 
the court of sessions. 7 vol. 267 

In counties where there are county 
courts, no suit shall be brought in any 
other court of law, for any sum less than 
£50, on any judgment, bill, bond, note, 



account, liquidated and signed by the de- 
fendant ; nor on any open account for 
any less sum than £20. 7 vol. 267 

If any suit so prohibited shall be 
brought, the same shall, on its appearing 
to the court, on motion of defendant or 
his attorney, be dismissed at the plain- 
tiffs costs; provided, any person may 
bring his suit in any of the cases afore- 
said, in the circuit court, on any debt 
contracted before the passing of this Act. 
7 vol. 267 

Appeal "from county court allowed, 
where the judgment exceeds £10, the 
appellant giving bond, with sufficient se- 
curity, to prosecute the same with efTect 
7 vol. 267 

Declaration, when to be filed. 7 vol. 
267 

Clerks and sheriffs to be appointed and 
commissioned as heretofore. 7 vol. 267 

But sheriff to hold office for four years. 
7 vol. 263 

Licences for retailing of spirituous li- 
quors, or keeping a tavern, to be granted 
at any court during the year. 7 vol. 268 

Remedy for malpractice in office of 
clerk or sheriff. 7 vol, 268 

Advertisement and sale for taxes, how 
to be made. 7 vol. 277 

Court house and gaol of Camden to be 
used by the county court of Camden. 7 
vol. 277 

Justices of, their number, and how ap- 
pointed. How long to continue in office. 
What causes to try. Jurisdiction to ex- 
tend to $5 on liquidated demands, and to 
£3 on open accounts. No fees if judj,- 
ment be for less than 20s. Their juris- 
diction exclusive. Appeal allowed on 
sums above 20s. to the county court, on 
st^curity given to prosecute to effect or 
pay costs. Two justices in the county 
court necessary to try appeals. 7 vol. 268 

Power of the judges the same as that 
vested in the justices of the county 
couris by "An Act for laying off the 
several counties therein mentioned, and 
appointing commissioners to erect the 
public buildings," 7 vol. 268 

No action of trespa.ss, trover, detinue, 
slander or assault and battery, or other 
action arising merely frura tort, and not 
from contract, shall hereafter be cogniza- 
ble by any justice of the peace, 7 vol. 
268 



112 



COURTS. 



What Acts repealed by this. 7 vol. 
268 

Oaths of judges of county courts and 
justices of peace, before whom to be ta- 
ken. 7 vol. 269 

Record thereof. 7 vol. 269 

One judge of the county courts to try 
all sum. pro. 7 vol. 269 

County Courts, when to be held. 7 
vol. 269 

How to be adjourned by the clerks. 7 
vol. 269 

Places fixed for sheriff sales. Notices, 
how published. 7 vol. 269 

Justices of peace prohibited from keep- 
ing tavern or retailing spirits ; no license 
granted to one, or to one in his family or 
employment. Penaltv for breach of this 
law. 7 vol. 269 

County courts discontinued in Beaufort 
and Orangeburgh. The judicial records 
to be transmitted to the circuit court 
clerks of the district, and other records to 
the register of mesne conveyances, and 
pending cases to be continued in the cir- 
cuit court for tlie district. 7 vol. 269 

County courts, when to be held in the 
different counties. 7 vol. 270 

County court in the district of Ker. 
shaw. 7 vol. 270 

Judges of the county courts empower, 
ed to assess, apportion and collect the 
county taxes, within their counties, for 
county expenses, according to the most 
equitable plan. 7 vol. 283 

Allowed to license billiard tables. 5 
vol. 207 

Jurisdiction, original or appellate, of 
all causes, civil or criminal, taken from 
them, but shall continue to iiave four 
sessions per annum, to dispatch all such 
other matters as are now within their ju- 
risdiction ; and shall keep, as heretofore, 
a record of all mesne conveyances of 
lands within their counties. 7 vol. 287 

All suits and indictments depending in 
the said courts 1st January, 1800, shall 
be transmitted to the district circuit court, 
then established, (1798,) and the circuit 
court is required to proceed with such 
suits and indictments as it commenced 
in that court. 7 vol. 287 

County courts abolished. 7 vol. 291 

Records of the respective county courts 
to be transferred to the district court, in 



which the county is included, to be kept 
as records. 7 vol. 298 

Magistrates of, vested with all the pow- 
ers of commissioners of roads in their 
several counties. 9 vol. 301, 312 

Irregular proceedings of the late coun- 
ty courts made valid in law. 5 vol. 381 

A transcript from their minute-books 
may be given in evidence in Law and 
Equity, where it is necessary to give 
such proceedings in evidence. 5 vol. 381 

Such transcript to be regularly and duly 
under the hand and sworn to by the clerk 
or keeper of the records of the county 
courts, so abolished. .5 vol. 381 

v.— INFERIOR CITY COURT OF 
CHARLESTON. 

Established, to decide all causes of a 
civil nature, arising within the limits of 
the city, and for the trial of all offences 
against the by-laws of the city. 7 vol. 
300 

The jurisdiction, so far as it extends, 
to be concurrent with the court of ses- 
sions and common pleas. 7 vol. 301 

To be h olden by the City Recorder, 
to be paid a salary by the City Council, 
not to be increased or diminished during 
his continuance in office, from the city 
tax ; and to hold his commission during 
good behaviour. 7 vol. 301 

Trials in said court to be by jury, 
where the amount exceeds the jurisdic- 
tion of a single magistrate, to be drawn 
in the usual way ; no one being liable to 
seYve twice until all the names from the 
jury box shall be drawn out. Persons 
qualified according to the laws of the 
State, and usually residing in Charleston, 
or have resided there for six months be- 
fore being drawn, and there being at the 
time of being drawn and summoned, 
shall serve as jurors. 7 vol. 301 

No venire shall at any time issue for 
more than twenty-four jurors, any twelve 
to form a jury. 7 vol. 301 

Jurisdiction defined to extend " to the 
maintaining of all actions, suits and pro- 
secutions, for the recovery of any debt or 
sum of money arising on contract, ex- 
press or implied, and for offences against 
the by-laws of the corporation ; provided, 
no verdict or judgment shall exceed $100, 
exclusive of costs and charges ; and un- 
less the causie of action arose within the 



COURTS. 



173 



limits of the city, or between persons re- 
sident in the city, or persons resident and 
foreigners, or between foreigners at the 
tinie of the cause of action, or citizens 
of the United States." 7 vol. 301 

Nothing to be construed to bar any 
person from suing any person resident 
in the city in said court, for anv sum not 
exceeding $100, exclusive of cost 7 
vol. 301 

No citizen of the State, not a resident 
of the city for three months immediately 
preceding the commencement of the 
suit, or has not been in the habit of re. 
siding there during four months in the 
year, preceding the stiit, shall be liable to 
be sued in the court. 7 vol. 302 

Times of sitting, and manner of pro- 
ceeding. 7 vol. 302 

When motions for new trials, in arrest 
of judgment, and other questions of law, 
may be heard. 7 vol. 302 

Process to be issued by the clerk, and 
to be returnable to the first day of the 
next term, and imparlance allowed until 
the last day of the term, upon special bail 
being given, if required, at which time, 
or vvithm ten days after, the defendant 
shall hie his plea or defence, in writing 
with the clerk, or the plaintiiT mav take 
judgment by default; provided," that 
where judgments are taken by default 
between the first and second term, no 
execution shall be enforced till after the 
second day of the succeeding term ; and 
the defendant may, at the meeting of 
the court, on the first dav, move to be 
let into any substantial defence, upon con- 
dition of pleading issuably insfanter, and 
going to trial during the term. 7 vol. 302 
Powers of the court defined. 7 vol. 

Not to try titles to land. 7 vol. 302 

Appeals allowed from, to the circuit 
court, by certiorari, writ of error, or bill 
of exceptions. 7 vol. 302 

The intendant and wardens, and re- 
corder of the city, to prescribe and regu- 
late the practice. 7 vol. 303 

Fees of attorney, clerk and sheriff, to 
be the same as now allowed on sum. pro 
m the circuit courts, to which the coun. 
cil may add a sum, not exceedintr one 
dollar on each cause, to defray the ex- 
penses of the court. 7 vol. 303 

The recorder not to plead in any cause 



in (he superior court, which has been ar- 
gued before or adjudged by him. 7 vol 
303 

Any body may appeal to the circuit 
court, on making oath that he verily be- 
lieves he has substantial justice on his 
side, and that he does not appeal merely 
to delay the operation of law and justice 
7 vol. 303 

Gaoler in Charleston to receive all per- 
sons committed under the authority of 
this court. 7 vol. 303 

The court, when to sit. 7 vol. 318 
The court shall have jurisdiction con- 
current with the court of general sessions, 
in all cases of misdemeanor, assault and 
battery, arising within the city of Charles, 
ton ; also, in all cases of trover, detinue, 
replevin and trespass, arising within said 
city, to the amount hereinafter specified. 
The court shall have jurisdiction in civil 
cases to the amount following: — no ver. 
diet shall be given for a greater sum than 
five hundred dollars, exclusive of costs, 
but any amount not exceeding five hun- 
dred dollars, exclusive of costs, is within 
the jurisdiction of the court, whether the 
same be damages, or the balance of mu- 
tual demands, or single cause of action ; 
provided, nothing contained in this Act 
shall be so construed as to extend to any 
inhabitant of this State who may not be 
a resident within the city of Charleston ; 
and no person shall be construed to be a 
resident of the city, unless he shall have 
resided therein three months prior to the 
commencement of the suit or prosecution, 
or four months during the year immedi. 
ately preceding the commencement of 
the suit or prosecution. 7 vol. 310 

The charges and fees of the several 
offices of this court, shall '-e the same as 
in the court of sessions and common 
pleas, in like cases. 7 vol. 319 

The recorder of the city of Charles, 
ton, fls judge of the court, shall have the 
same power in the discharge of his duties, 
as the judges of the court of sessions and 
common pleas, in like cases ; and the 
proceedings in criminal cases, and in civil 
cases, over and above one hundred dol. 
lars, shall be the same substantially as in 
the courts of sessions and common pleas, 
in like cases. 7 vol. 319 

All prisoners who shall be arrested, 
and ordered to be committed by any sen- 



174 



COURTS. 



t(;nce or judgment of this conrt, or who 
shail be ordered to be committed, either 
by the recorder of the city, as judge of 
the court, or by any justice of the peace 
or quorum, upon any complaint, to take 
trial at said court, shall and may be com- 
mitted to the common gaol of Charles- 
ton district, and there held until discharg- 
ed by due course ol law ; and the keeper 
of the gaol is hercb}' directed and requir- 
ed to take custody of said prisoners, and 
them safely keep accordingly ; and all 
magistrates within the city shall make 
commitments and take recognizances 
accordingly ; and the judges and magis- 
trates in this State may order prisoners 
to said gaol to take trial in this court, in 
cases within its jurisdiction ; and the 
State constables within the city shall 
attend the court, and receive from the 
State the same compensation as in the 
courts of sessions, 7 vol. 319 

The court shall hereafter sit on the first 
Mondays in January, March, May, July, 
September and November, of every year ; 
and shail continue to sit two weeks, un- 
less the business of the court shall be 
sooner disposed of; and hereafter no im- 
parlance shall be allowed in any -case 
where the amount sued for does not ex- 
ceed one hundred dollars, exclusive of 
costs. 7 vol. 320 

All parties shall have the same right of 
appeal to the constitutional court of ap- 
peals, from the decisions of this court, in 
the same form which is now or may be 
lawful for parties in the courts of sessions 
and common pleas in like cases; and the 
judges of the constitutional court of ap- 
peals shall hear and determine such ap- 
peals, in the same manner as appeals from 
the circuit court of Charleston district ; 
and the judge of this court shall report 
on appeal cases, in the same manner as 
the judges of the circuit court; and the 
court shall, and it is hereby authorized 
to, hear and decide appeals from magis- 
trates within the city, as the circuit court 
of common pleas has heretofore done ; 
and appeal bonds shall be taken accord- 
ingly. 7 vol. 320 

All prosecutions on behalf of the State 
shall be conducted in the court by the at- 
torney general, or by some fit and proper 
person appointed by him in his absence; 
which deputy shall have the same power 



and receive the same emoluments as the 
attorney general if present ; and penal- 
ties, fines and forfeitures to the State, 
shall be disposed of and applied to the 
city of Charleston, and paid into the 
treasury of the city. 7 vol. 320 

The sheriff of the court shall provide 
boxes and make lists of persons to be 
drawn as grand jurors in the city, in the 
same manner as in the court of sessions; 
and petit jurors shall be drawn to serve 
one week, unless they be actually charg- 
ed with an issue, in which case they shall 
be adjourned from time to time, or con- 
tinue to sit until the issue shall be dis- 
posed of; and the same number shall be 
drawn and summoned for each week, as 
has heretofore been drawn for one week. 
7 vol. 320 

All parties and suitors in this court, to 
have the same rights and privileges, in 
all cases within the jurisdiction of the 
court, that parties and suitors are entitled 
to in cases within the jurisdiction of the 
superior courts of law ; and the clerk and 
sherilTof the court to have the same pow- 
ers and authorities, in all cases within its 
jurisdiction, as the clerks and sheriffs of 
the superior courts of law. 7 vol. 322 

The Act entitled "^An Act to authorize 
and require juries empanneled in Charles- 
ton district, to sit in certain cases, beyond 
the terrn of one week, for which they are 
usually empannelled," passed in Decem- 
ber, 1818, extended in like cases to the 
juries of the city court of Charleston. 7 
vol. 322 

A defendant within the jurisdiction of 
the city court, allowed to plead a discount 
to any action brought against him by a 
plaintiff not within the jurisdiction of the 
court. 7 vol. 322 

Any person usually resident in the city 
of Charleston, or who shall have resided 
therein four months before being sum- 
moned, shall hereafter be liable to serve 
as a juror in this court; provided, ho be 
in the city at the time of being summon- 
ed, and is otherwise qualified by law. 7 
vol. 322 

The city council is authorized to grant 
permission to the recorder of the court, 
to leave the State, under the same cir- 
cumstances as a similar permission is al- 
lowed by the Governor to the judges of 



COURTS. 



175 



the superior courts of this State. "7 vol. 322 
Sitting of the court changed to ist 
Monday in January, April, July and Oc- 
tober, to continue in session three weeks. 
7 vol. 322 

The clerk and sheriff, in absence or 
sickness of recorder, to draw juries for 
next term. 7 vol. 322 

The court is authorized to entertain 
jurisdiction in all suits arising upon poli- 
cies of assurance, charter parties, and other 
contracts concerning freight,eitherexpress 
or implied, bills of lading, or other contracts 
express or implied, concerning the delive- 
ry of goods, wares and merchandize 
brought into the State, in ships or vessels 
from a sister State, or from foreign parts, 
to the same extent, to all intents and pur- 
poses, as the court of common pleas, 
where the contract or cause of action 
arises within the limits of the corporation, 
and where the defendant is a resident 
within the lifnits of the corporation, or is 
not a resident of this State. 7 vol. 329 

To have current jurisdiction with the 
court of general sessions for Charleston 
district, of all cases of grand and petit 
larceny, and in all cases of misdemeanor, 
arising or committed within the limits of 
the city, under any law now in force, or 
hereafter to be passed in this State ; jno- 
vided, that nothing herein contained shall 
extend to any inhabitant of this State, 
except transient persons, not a resident of 
the city ; and no person shall be construed 
to be a resident of the city, unless he shall 
have resided in the city three calander 
months prior to the commencement of the 
prosecution against him, or shall have 
resided within the city four months during 
the year, immediately preceding the com- 
mencement of such prosecution. 7 vol. 
338 

All judgments and decrees recovered 
and of record in the city court, and all 
executions sued out or to be sued out 
thereon, and lodged in the office of the 
sheriff of the said court, shall have the 
same lien of binding efficacy and opera- 
tive energy, on the property and persons of 
the parties defendant thereto, within the 
judicial district of Charleston, as if such 
judgments and decrees had been recover, 
ed and entered of record in the court of 
common pleas for the district, and as if 
such executions had been lodged in the 



office of the sheriff of the district; and it 
shall be the duty of the sheriff of the dis- 
trict to execute and enforce all such exe- 
cutions, on property and persons lying 
and being without the limits of the city, 
and within the district ; provided, such 
executions be first entered in the office of 
the sheriff of the district, with an order, 
in writing, from the party suing out the 
same, or his attorney, endorsed thereon, 
directed to the sheriff, and requiring him 
to execute the same, on person or proper- 
ty, as the case may be, without the limits 
of the city, and within the district. 7 
vol. 338 

All executions sued out from the court, 
shall be tested, made returnable, and be 
returnable, in like manner as is now di- 
rected bylaw in relation to excutions sued 
out from the courts of general sessions and 
common pleas of this State. 7 vol. 338 

It shall be lawful for the recorder to 
grant a commission to examine any wit- 
nesses residing out of the city, when the 
testimony of such witnesses miy be neces- 
sary in any cause depending in the court. 
7 vol. 338 

The jurisdiction of the court extended 
to $1000. 7 vol. 325 



VI. COURT FOR THE TRIAL OF 
SLAVES AND PERSONS OF COLOR. 

All the x\.cts relating to slaves and per- 
sons of color, from the settlement of the 
Colony to the year 1751, have been re- 
pealed, or have expired of their own limi- 
tation, except one of 1747, granting free- 
dom to a slave, and the Acts of 1740, 
1743, made perpetual by Act of 1783. 4 
vol. 54 

Upon complaint made to any justice of 
the peace, of any heinous or grievous 
crime, committed by any slave or slaves, 
as burglary, robbery, burning of houses, 
killing or stealing of any ntsat or other 
cattle, or other petty injuries, as maiming 
one of the other, stealing of fowls, pro- 
visions, or such like trespass, the justice 
shall issue his warrant for apprehending 
the offenders, and for all p^^rsons to come 
before him that can give evidence ; and if, 
upon examination, it probably appear that 
the apprehended are guilty, he shall com- 
mit them to prison, or take security for 
their forthcoming, as the case shall re- 
quire ; and also, certify to the justice next 



176 



COURTS. 



to him the cause, and require him to as- 
sociate himself to him, which such justice 
shall do, and they so associated shall issue 
their summons to three discreet and suffi- 
cient freeholders, acquainting them with 
the matter, and appointing them a day, 
hour and place, when and where the same 
shall be heard and determined ; at which 
time and place, the justices and freehold- 
ers shall cause the offenders and eviden- 
ces to come befor(( them; and if they, on 
hearing the matter, (the freeholders being 
by the justices first sworn to judge im- 
partially and according to evidence,) shall 
adjudge the criminals guilty of the offence 
complained of, they shall give sentence of 
death, if the crime by law deserves the 
same, or such punishment as the crime 
deserves; and by their warrant, cause 
immediate execution to be done, by the 
common or any other executioner, in such 
manner as they shall think fit ; and if the 
crime committed shall not deserve death, 
they shall condemn and adjudge the crimi- 
nals to the party injured, and to his heirs 
forever, after they have received such 
corporal punishment as the justices and 
freeholders shall appoint ; unless the own- 
ers shall pay to the parties injured such 
sums of money, for the value of such 
times as the justices and freeholders shall 
appoint ; and if any justice or freeholder 
shall neglect his duty above required, he 
shall forfeit twenty pounds. (Expired.) 7 
vol. 345, 374 

Provided, nevertheless, that when any 
of the aforementioned crimes shall be 
committed by more than one negro, that 
shall deserve death, only one of the crimi- 
nals shall suffer death, as exemplary ; the 
rest to be returned to the owners ; which 
owners of slaves so offending, shall bear 
proporfionably the loss of the negro so 
put to death ; and also, proportionably the 
damage done by the criminals to the par. 
ties injured, as shall be allotted them by 
the justices and freeholders ; and if any 
person shall refuse to pay his part so 
allotted, the justices and freeholders shall 
issue out their warrant of distress upon 
the goods and chattels of the person so 
refusing, and shall cause the same to 
be sold b)' public outcry, to satisfy the 
money so allotted him to pay, and to re- 
turn the overplus, if any be, to the own- 
er. (Expired.) 7 vol. 346 



If any slave or slaves shall commit mur- 
der, or make any insurrection, or raise 
rebellion against their master's authority, 
or make any preparations of arms, as 
powder, bullets or offensive weapons, or 
hold any conspiracies for raising mutinies 
and rebellion, the offender shall be tried 
by two justices of the peace and three 
able freeholders, associated together as 
before expressed, who are required to try 
the slaves so offending, and inflict death 
or any other puni?>hment upon them, and 
forthwith, by their warrant, to cause exe- 
cution to be done by the common, or any 
other executioner, in such manner as they 
shall think fit; and if any person shall 
make away or conceal any slave suspect- 
ed to be guilty of the aforementioned 
crime, and not upon demand bring forth 
the suspected offender, he shall forfeit one 
hundred pounds. (Expired.) 7 vol. 346 

How to be tried in cases of rebellion, 
insurrection or conspiracy. 7 vol. 3.56 

What evidence to be received. 7 vol. 
357 

A justice of peace, upon complaint, to 
issue his warrant for apprehending the 
slave, and bring forward the witnesses, 
and upon examination, and probable cause, 
he may commit him to prison, or proceed 
immediately to trial, or take security for 
his forthcoming, and to require the next 
justice to associate with him in issuing 
their summons to three sufficient freehold- 
ers, and they being sworn, shall consti- 
tute a court for trial of the accused, and 
if the crime committed should not deserve 
death, they may inflict any other punish- 
ment, not extending to limb or disabling. 
7 vol. 355 

Justice of peace may have a slave 
whipped for larceny of any other person 
than his master, being under the value of 
twelve pence, and not exceeding forty 
lashes. 7 vol. 355 

How punished for the second, third and 
fourth offence of the kind. 7 vol, 355 

Any judgment given for the first or 
second offence, shall be considered a suffi- 
cient conviction, and so for the rest of the 
punishments. 7 vol. 355 

Justice to forfeit £25 for refusing to 
perform the duties. 7 vol. 356 

What evidence sufficient in cases of 
larceny or trespass, and what in cases of 
life or limb, as murders. 7 vol. 357 



COURTS. 



177 



How to be tried in cases of insurrection, 
rebellion or conspiracy. 7 vol. 356 

What evidence to be received. 7 vol. 
357 

For running away, with intent to leave 
the Province and service of the master. 
7 vol. 357 

How to be tried for striking or offering 
violence to a white person. 7 vol. S-'iS 

Any two justices of the peace, who, 
together with three freeholders, shall try 
a slave, shall write the proceedings, and 
judgment of acquittal or condemnation, 
with the execution, and other matters rela- 
ting to the same, and return it under their 
hands and seals, to the clerk of the crown 
or assize, to remain as a record of their 
proceedings. 7 vol. 359 

Any single justice of the peace, who, 
pursuant to the powers given him by law, 
shall hear and determine a complaint, and 
give judgment against a negro, in any 
case where a greater punishment is in- 
flicted for the next offence, shall make a 
record of his proceedings, and return the 
same to the clerk of the crown or assize, 
to be kept as a record, upon the penalty of 
the forfeiture of forty shillings for every 
neglect. 7 vol. 359 

Who and what number of the court 
must agree as to the guilt of a slave on 
trial. 7 vol. 3t)5 

One justice of the peace and two free- 
holders, shall have power to associate 
themselves to try and pass sentence upon 
any slave guilty of any misdemeanor 
which amounts not to a capital crime. 7 
vol. 366 

In all cases where any slave shall be 
condemned to die, the justices and free- 
holders, or a quorum of them, that shall 
condemn such slave, shall, in the valuing, 
not exceed fifty pounds, which sum shall 
be paid to the owner of the slave, his ex- 
ecutors, administrators or assigns. 7 vol. 
366 

How punished for felonies, and how 

for offences less than felony. 7 vol. 374 

How punished for certain offences 

where a white man is allowed his clergy. 

. 7 vol. 374 

Punishment for breaking open and steal- 
ing from corn houses and rice houses. 7 
vol. 374 

Two justices and one freeholder, or one 
justice and two freeholders, or the said 
VOL. X— 23. 



two justices and three freeholders, shall 
be a quorum, and the acquittal or convic- 
tion of any slave by them, shall be final. 
7 vol. 374 

How tried and punished for minor 
thefts. 7 vol. 375 

Justices and freeholders may order 
but one of several slaves convicted of a 
crime to be executed, and to assess on the 
owners of the others a proportional part 
of the loss ; provided, they do not assess 
the value of the negro executed, beyond 
twenty-five pounds, proclamation money. 
7 vol. 375 

Evidence necessary to convict in capi- 
tal cases, and in cases not capital. 7 vol. 
375, 376 

Slave running away, with intent to leave 
the State, and deprive his master of his 
services, how tried. 7 vol. 376 

Ring leader of several may be executed, 
and a lesser punishment inflicted on the 
others, and the owners proportionably as- 
sessed with the loss. 7 vol. 376 

Punishment and trial of a slave for 
enticing another slave to run from their 
master, and leave the province. 7 vol. 376 

Proceedings where slave is possessed of 
horses or cattle. 7 vol. 382 

Or hogs, boats or canoes. 7 vol. 382 

Proceedings for compensating a person 
for a slave executed. 7 vol. 383 

Marshals and constables compelled to 
execute slaves convicted of any capital 
offence, under penalty, within their dis- 
trict or precinct ; and if the conviction 
be for a lesser offence, the punishment 
shall be inflicted by the marshal or con- 
stable of the precinct or place where the 
slave is tried, or by some one procured by 
them. 7 vol. 383". 

Fees of the marshals for executions. 7 
vol. 383, 384 

Proceedings against slaves for felonies 
and lesser offences. 7 vol. 387, 388 

What shall constitute a quorum of the 
court. 7 vol. 388 

Larcenies. 7 vol. 388 

Punishments. 7 vol. 388 

In what cases owners liable. 7 vol. 388 

Penalty for justices neglecting their 
duty. 7 "vol. 388 

Trial and punishment for insurrection, 
&c., and penalty for concealing a slave 
suspected of such oflences. 7 vol. 389 

E.vample may be made of some of the 



178 



COURTS. 



criminals, and the rest discharged, the 
owners bearing a proportion of the loss 
of those executed. Mode of assessing the 
loss. 7 vol. 389 

The evidence on such trials. 7 vol. 389 

Trial and punishment of a slave for 
running away, or enticing another to run 
away, with intent to leave the State. 7 
vol. 390 

Trial and punishment of a slave for 
striking a white person, 7 vol, 390 

Proceedings of the court to be written 
out and sent to the clerk of the crown 
and peace in Charleston, within three 
months of the trial, under penalty. 7 
vol. 391 

How to be recorded. 7 vol, 391 

The marshal or constable of the parish 
where a slave has been convicted of an 
offence, to execute the sentence. 7 vol. 
395 

Penalty for refusing, 7 vol. 395 

Fees. 7 vol. 395 

Penalty for neglecting or refusing to 
produce, or suffer, a slave to give evi. 
dence. 7 vol. 396 

Appeal allowed. 7 vol, 396 

What to constitute a quorum for trials 
under this Act. 7 vol. 397 

This Act continued of force for three 
years. 7 vol. 397 

How slaves tried for capital offences. 7 
vol. 400 

For offences not capital. 7 vol. 401 

What shall make a quorum. 7 vol. 401 

Oath to be taken by the court. 7 vol. 
401 

Evidence admissable against slaves and 
free negroes. 7 vol. 401, 402 

Free negroes, how tried for crimes and 
offences. 7 vol, 402 

Slave guilty of felony, not allowed 
clergy in England, to suffer death. 7 vol. 
402 

Certain offences declared felony in any 
slave, free negro, mulatto, Indian or mes- 
tizoe, 7 vol. 402 

Homicide, and raising, or attempting to 
raise, an insurrection, how punished, 7 
vol, 402 

Sentence and punishment, how they 
may be commuted, 7 vol. 403 

Compensation to owners of slaves exe- 
cuted. 7 vol. 403 

Justices may compel persons to give 
/evidence. 7 vol. 403 



Penalty for concealing accused slaves. 
7 vol. 403 

Constables in the several parishes to 
execute all sentences on slaves. 7 vol. 
403 

Their fees. 7 vol. 404 

If the charge be groundless, prosecutor 
to pay charges. 7 vol. 404 

Permanent Acts. 

Time and mode of trying slaves. 7 vol. 
427 

Owner allowed his challenge on all trial 
of slaves for capital offences, but not to 
extend to more than three freeholders, 7 
vol. 468 

No slave to be tried for any offence 
until his owner, or, in his absence, his 
agent, have reasonable notice of the mat- 
ter charged, and time and place of the 
trial, 7 vol. 468 

Method of forming court of magistrate 
and freeholders, on slaves coming into this 
State from parts prohibited, 7 vol. 473 

VII. APPEAL COURT, (CONSTITU- 
TIONAL) OF LAW. 

See Constitution of South Carolina. 

All the associate judges to meet at Co- 
lumbia, after the conclusion of the cir- 
cuits, every year, to determine all mo- 
tions for new trials, in arrest of judgment,, 
and such points of law as may be submit- 
ted to them ; the court not to be held by 
less than four judges. 7 vol, 295 

The judge who presided at the trial, not 
to sit or vote on the same cause in the 
appeal court. 7 vol. 295 

Eac \ judge to give his opinion, sepa- 
rately, in writing, with the reasons as- 
signed, to be kept on record. 7 vol. 295 

When required, every judge shall sign 
and seal a bill of exceptions, 7 vol, 295 

Clerk and sheriff of Camden, or their 
deputies, to attend the appeal or constitu- 
tional court at Columbia, keep the mi- 
nutes of the court, and keep the records 
thereof; to receive twenty pounds com- 
pensation, and the sheriff ten pounds. 7 
vol. 275, 276 

Not less than three judges shall hold 
the adjournment (constitutional appeal,) 
court, at Columbia, 7 vol. 280 

The judges to appoint a clerk to this 
court, to receive a salary of one hundred 
and forty dollars. 7 vol. 300 



COURTS. 



179 



The sheriff of Richland to attend its 
sittings, and to be allowed fifty dollars per 
annum. 7 vol. 300 

The provisions made for its meeting, 
after the courts, in Columbia, i. e. the 
number of judges requisite to hold the 
court, the mode of delivering their opin- 
ions, &c., to apply to its meetings in 
Charleston, as well as Columbia. 7 vol. 
311 

The opinions of the judges to be recor- 
ded in fit books, at Columbia and Charles- 
ton, by the clerks of the two courts, and 
the opinions kept and filed. 7 vol. 312 

Fees to clerks for recording. 7 vol. 312 

Free access to be allowed to these re- 
cords, and fit indexes to be kept, and 
copies to be furnished when required. 7 
vol. 312 

Judges to give opinions, also in writing, 
on granting or refusing new trial. 7 vol. 
312 

Court of appeals to order special courts 
on the circuit. 7 vol. 317 

To order the same to be published. 7 
vol. 317 

The first clause of the Act to prevent 
frivolous appeals, repealed. 378 

The opinion of the judge who tried 
the cause below, shall not be allowed in 
the appeal court. 7 vol. 318 

The court not to consist of less than 
four judges, and no cause to be decided 
without the concurrence of three judges 
at least ; and in case the court is equally 
divided, the motion shall not be lost, but 
the case be postponed until the attend- 
ance of any judge qualified to give an 
opinion, who may be absent at trial or 
argument of the appeal. 7 vol. 318 

Appeals allowed to this court, directly 
from the inferior city court of Charleston. 
7 vol. 320 

Judges of the appeal courts to select 
for publication all the important opinions, 
and to be sent by the clerks or register 
to the State Printer, in Columbia, every 
year, for publication, with the Acts of the 
Legislature. 6 vol. 31 

Clerk or register to receive the same 
fees as for copies of records made in other 
fcases. 6 vol. 31 

On appeals in law court, the opinion 
of the judge who tried the cause below, 
shall be taken and have equal etfect with 
that of any other member of the court ; 



provided, the court consists of not less 
than five judges. 6 vol. 6 

Interest allowed pending appeals, and 
the amount shall be indorsed on the back 
of the execution, and be collected by the 
sheriff, with the original debt. 6 vol. 6 

Judges of the appeal courts not required 
to deliver separate opinions, except where 
they shall think proper so to do, but the 
opinion shall be written by one, and sign- 
ed by all who concur in it, and deposited 
with the clerk, with the report of the cir- 
cuit judge. 6 vol. 31 

The constitution so altered, that the 
judges shall hold the appeal courts at such 
times and places as the Legislature, by 
Act, may from time to time prescribe. 6 
vol. 45 

Time of the sittings of the appeal court 
in law in Columbia and Charleston, regu- 
lated. 6 vol. 55, 5Q 

VIII.— APPEAL COURT IN CHAN- 
CERY. 

A court of appeal for the court of equi- 
ty established, to exercise appellate juris- 
diction in all cases brought up from the 
circuit, to be held at Charleston and Co- 
lumbia, twice a year ; and all the Chan-" 
cellors to attend, and to hear and try all 
appeals that may be brought from the 
equity circuits. 7 vol. 305 

Appeals, how to be made ; notice of 
appeal, copies of papers to be furnished, 
&c. 7 vol. 305 

Chancellors to deliver their opinions, 
and grounds and reasons thereof, in wri- 
ting, and subscribed by them. 7 vol. 313 
To be recorded at Charleston, by the 
register in equity, and at Columbia, by 
the commissioner of that district, who 
shall keep books of the opinions, with 
proper indexes, the books to be open to 
the public ; and the register or commis- 
sioner to recteive certain fees for the 
same. 7 vol. 313 

Time for holding the court in Charles- 
ton and Columbia. 7 vol. 313 
IX.— COURT OF APPEALS OF LAW 
AND EQUITY, WITH APPELLATE 
JURISDICTION ONLY. [COMPOS- 
ED OF THREE JUDGES.] 

See Court of Errors. 
A court of appeals, for the courts of 
law and equity, established ; to consist of 



180 



COURTS. 



three judges, to be chosen from the pre- 
sent judges of law or equity, by joint 
ballot of both branches of the Legisla- 
ture; to sit twice in every year at Colum- 
bia, and twice in Charleston, at such pe- 
riods as they may themselves fix therefor, 
except that the court never sit in Colum- 
bia whilst the circuit courts are in session, 
from which the appeal would go to Co- 
lumbia, nor in Charleston, whilst the cir- 
cuit courts are in session, from which the 
appeals would go to Charleston ; and shall 
exercise appellate jurisdiction in all cases 
brought up from the circuit courts, both 
of law and equity, in the same manner, 
and with the same powers and authority, 
in all respects, as are now exercised by 
law, by the constitutional court and the 
court of appeals, or by either of them, 
separately. 7 vol. 325 

If at any time, one or more of the 
judges of the court should be absent, sick, 
dead, or disabled to attend, it shall be the 
duty of the other judges to notify the 
eldest circuit law judge thereof, and the 
next eldest, should it be necessary, ex- 
cepting any judge who may by law be 
excused from the performing circuit duty, 
who shall thereupon immediately take the 
place of the absent appeal judge or judg- 
es, until he or they shall return to their 
duties, or a successor be chosen by the 
Legislature ; and the decision of a ma- 
jority of the court shall be conclusive ; 
provided, however, that when a circuit 
judge is called in, he shall not try an ap- 
peal from his own decisions on circuit. 7 
vol. 325 

If any person wishes to appeal from 
any order or decree of a chancellor, or 
from any judgment or determination of a 
judge of a court of law, or to make any 
motion in arrest of judgment, or for a 
new trial, he shall pursue the same course, 
in every respect, as is now prescribed by 
law in cases of appeal ; and the chan- 
cellor or circuit judge shall transmit to 
the court of appeals, a correct report, in 
writing, of the pleadings, the evidence, 
the points, and the substance of the 
charge to the jury, if any be made, so 
that the whole case, or as much as may 
be necessary, should be made manifest to 
the court of appeals. 7 vol. 325 

It shall be the duty of this court to 
make all such further and other rules and 



regulations as may be necessary to carry 
this Act, and all parts of all former Acts 
hereby retained, applicable to the appeal 
courts heretofore existing, into efiect. 1 
vol. 32G 

The court may order special district 
courts at their discretion, either of law 
nr equity, for the further dispatch of the 
business in the district courts ; and the 
appeals from each district court, either of 
law or equity, sliall be to the court of 
appeals in Columbia or Charleston, as at 
present arranged in that respect. 7 vol. 
326 

If a chancellor or circuit judge be un- 
able to hold his court, a judge from the 
court of appeals to take his place and 
hold the court for him ; and the judges of 
the court of appeals shall form a roster 
for this purpose. 7 vol. 326 

Appeals from the districts of Beaufort, 
Colleton, Charleston, Georgetown, Wil- 
liamsburg and Horry, to be taken to 
Charleston, and from all other parts to 
Columbia. 7 vol. 328 

Court of appeals, when to meet at 
Charleston and Columbia, and mode of 
proceeding. 7 vol. 331 

Judges to appoint a clerk at Columbia, 
and one for Charleston ; removable at 
their pleasure. 7 vol. 331 

Their offices, where to be kept. Shall 
not charge for certificates of the result of 
a cause, but shall send them to the cir- 
cuit court clerks, free of charge, as soon 
as the case is determined ; allowed usual 
charge for copying, per copy sheet. 7 
vol. 332 

Messengers to be appointed. 7 vol. 
332 

If, at any time, one or more of the 
judges of the court be absent, from any 
sufficient cause, the other judge or judg- 
es of the court shall notify one or more 
of the circuit judges of the same ; and it 
shall be the duty of such judge or judges 
to attend in the place of those so absent? 
7 vol. 330 

The court shall sit at sach times as 
may be necessary for the despatch of bu- 
siness, but shall so arrange the calling of 
the appeal docket as not to interfere with 
the holding of the circuit court. 7 vol. 
330 

Where an appeal shall be taken from a 
conviction for a misdemeanor, the sen 



COURTS. 



181 



tence which would have been passed 
shall be reduced to writing, and signed 
by the judge before whom the case may 
have been tried, sealed up and lodged 
with the clerk of the court for the district 
in which the case originated, to the end 
that such sentence may be passed on the 
defendant at the next circuit court for 
said district, after the appeal shall have 
been dismissed from the court of appeals ; 
and the defendant shall not, in any such 
case, be required to appear in person be- 
fore the court. 7 vol. 332 

Where an appeal shall be taken in any 
case tried before one of the judges of the 
court of appeals, sitting as a circuit 
judge or chancellor, such judge shall not 
sit upon the trial of said appeal, and one 
of the circuit judges or chancellors shall 
be called in by the court in his room. 7 
vol. 332 

No circuit judge or chancellor shall sit 
in this court on any case he may have 
tried on the circuit. 7 vol. 333 

Any decree delivered in equity, or trial 
at law, during the sitting of the court of 
appeals, may be taken to the court of ap- 
peals, on receipt of the decree, or report 
of the judge, and on giving the opposite 
party four days notice ; which appeal 
shall be heard as others. 7 vol. 334 

This court abolished. 7 vol. 334 

X.— COURT OF APPEALS IN LAW 
AND EQUITY, (OF ALL THE 
JUDGES OF LAW AND EQUITY.) 

The court of three judges aboHshed, 
and a new court of appeals established, 
to consist of all the law judges and chan- 
cellors, to hear all appeals in law and 
equity, with the former powers of the 
court of appeals. -7 vol. 335 

No chancellor who heard a cause, to 
exercise appellate jurisdiction in such 
case. 7 vol. 335 

When the court to sit in Columbia and 
Charleston. 7 vol. 337 

Salary of the judges. 7 vol. 337 

XI.— COURT OF APPEALS IN LAW, 
(OF THE LAW JUDGES.) 

See Court of Errors. 

The court of appeals in law and equity, 
of all the judges in law and equity, being 
abolished, two courts of appeal were es- 



tablished, one in law, composed of all the 
law judges, and one in equity, of all the 
chancellors. 7 vol. 340 

These courts to meet at the same time, 
at Charleston, on the 1st Monday in Feb- 
ruary, and at Columbia, on the 1st Mon- 
day in May and 4th Monday in Novem- 
ber. 7 vol. 340 

Appeals from Barnwell hereafter to be 
heard in Charleston. 7 vol. 341 

Time of the sittings of the appeal 
court in law, in Charleston and Columbia, 
regulated. 6 vol. 55, 56 

Court of common pleas of Charleston, 
how to be held at the same time. 6 vol. 
55 

To hear all the cases remaining on the 
old docket of the constitutional court. 6 
vol. 56 

The sum of $200 appropriated for the 
annual increase of the Library of the 
Court of Appeals, in Charleston, for the 
term of twenty years, to be applied and 
disbursed under the authority and direc- 
tion of the judges of the said court : 
The sum of $200 appropriated for the an- 
nual salary of the Librarian of the court 
of appeals, in Charleston, for the term of 
twenty years, who shall be appointed by 
the said judges, and be removable at 
their pleasure ; and the further sum of 
$100, if so much be necessary, appropri- 
ated to put in repair the Library Room 
of the Court of Appeals, in Charleston, 
to be expended under the direction of the 
Librarian. 7 vol. 593 

XII.— COURT OF APPEALS IN 
EQUITY, [OF THE CHANCELLORS.] 

See Court of Errors. 

The court of appeals in Law and Equi- 
ty, of all the Judges in both those Courts, 
were superceded in 1837, by two separate 
courts of appeal ; one for Law Cases, of 
all the Law Judges — and one for Chance- 
ry Cases, of all the Chancellors. 7 vol. 
340 

These courts to meet at the same 
time — at Charleston, on the 1st Monday 
in February ; and at Columbia, on the 
1st Monday in May and on the 4th Mon- 
day in November. 7 vol. 340 

Appeals in Barnwell to be heard in 
Charleston. 7 vol. 341 

In all questions of law, as distinguished 



182 



COURTS. 



from equity, the court of chancery shall 
follow the decision of the court of law. 7 
vol. 340 

XIII.— COURT OF ERRORS. 

Court of Errors to be constituted of 
both courts of appeal, Nos. XI. and XII. 
7 vol. 340 

Upon all constitutional questions, aris- 
ing out of the constitution of this State, 
and of the United States, an appeal shall 
lie to the whole of the judges assembled 
to hear such appeals ; and an appeal shall 
also lie to the whole of the judges upon 
all questions upon which either of the 
courts of appeal in law or equity shall be 
divided, or where any two of the judges 
of the court shall require that a cause be 
further heard by all the judges. 7 vol. 
340 

The judges of law and equity, when 
assembled, as aforesaid, in one chamber, 
shall form a court for the correction of 
all errors in law or equity, in the cases 
that may be heard before them ; and it 
shall be the duty of the judges to make 
all proper rules and regulations for the 
practice of the said court of errors, and 
for the mode of bringing causes before 
them. 7 vol. 341 



COURT OF ADMIRALTY. 
See Admiralty. 

Rules and regulations of the court, 
vol. 167 

Repealed. 2 vol. 215 



COURT OF COMMON PLEAS. 
See Supreme and General Court. Cir- 
cuit Court. 



COURT OF ORPHANS. 
See County Court. Ordinary. 



COURT OF SESSIONS. 
See Courts, (Supreme and General. 
Circuit Courts.) 



COURTS OF PIEPOUDRE. 
See Belleville. Greenville. Peedee, 
Winnshorough. 

COURT OF WARDENS. 
See Inferior City Court of Charleston. 



Jurisdiction in Charleston, as to debt, 
7 vol. 107 

May issue commission to examine wit- 
nesses. 7 vol. 107 

Counsellors and attornies not exempt 
from the jurisdiction. 7 vol. 107" 

Jurisdiction where the debt or cause of 
action arose out of the city, but defen- 
dant lives in it. 7 vol. 107 

Title changed to court of aldermen. 7 
vol. 148 



COURT HOUSES AND GAOLS. 
See Commissioners of Court Houses and 
Gaols. Walterbbroygh. Gaols and Gao- 
lers. 

Places for erecting Court Houses and 
Gaols. 4 vol. 325 

Commissioners to be appointed by Gov- 
ernor, to repair and rebuild. 4 vol. 564 
How paid for. 4 vol. 565 
The Governor to draw on the treasury 
for moneys to rebuild court-houses and 
goals. 4 vol. 643 

To be built in each county. 4 vol. 664 
Governor empowered to appoint Com- 
missioners to repair or re-build the Court 
Houses and Gaols in the different Dis- 
tricts. 5 vol. 77 

Commissioners appointed to build cer- 
tain Court Houses. 5 vol. 236 

Of certain County Courts, ordered to 
be sold. 5 vol. 466,467 

The proceeds, how to be disposed of, 
5 vol. 467 

Penalty for erecting any building, fence 
or wall of any kind, or for occupying or 
using, &c., any such building, &;c., on 
the Court House lot or square. 5- vol. 597 
Six months allowed for removing any 
heretofore erected. 5 vol. 597 

Under the charge of the Clerks of the 
Court of each district-, who shall open the 
same when required, and close the same 
at night, and keep it closed and locked 
always, except when required for public 
use. 6 vol. 59 

Clerk liable to a penalty of $5 for every 
night the court house shall be left open, to 
the use of the informer. 6 vol. 59 

Old court house and goal of Darlington, 
vested in the commissioners of the roads 
for that district. 6 vol. 247 

Commissioners of public buildings for 
Kershaw, to sell the old court house. 6 
vol. 282 



CREDITORS. 



183 



Commissioners of Public Buildings for 
Marlborough, to sell old Court House and 
Gaol and lots, the proceeds of the Gaol 
and lots to be paid into the treasury of the 
State, and the proceeds from the Court 
House to be retained by the commission- 
ers, for repairs to the Court House and 
Goal for that district. 6 vol. 376 

An Act entitled " An Act to provide 
for the repairing of court houses and gaols 
in this State," passed on the nineteenth 
day of December, in the year 1827, au- 
thorizing and requiring the commissioners 
of public buildings to keep in repair and 
superintend the Court Houses and Gaols 
of their respective districts, so amended 
as to authorize and require the said com- 
missioners, in their respective districts, 
also to superintend and keep in repair the 
interior of the several offices of the afore- 
said district officers ; and to cause to be 
constructed and placed therein, and kept 
in repair, suitable fixtures or cases for the 
reception and preservation of the records, 
books and other papers appertaining and 
belonging to said offices respectively ; 
and to cause to be erected and kept in 
repair, such out buildings and fences on 
the gaol and court house lots, as they 
may respectively deem necessary for the 
use and convenience of the sheriffs or 
gaolers residing in said goals, respective- 
ly, or for the protection of said gaols and 
court houses ; and to cause to be made 
out and completed, such records and 
books in the several offices named in the 
first section of this Act, in their respective 
districts, as may be directed and ordered 
by the said Court of Common Pleas and 
General Sessions, whose duty it shall be, 
from time to time, to give such directions 
and make such orders as may be necessa- 
ry, for the completion of the records and 
books in said offices respectively. 6 vol. 
578 

The judges authorized to contract for 
building them in the districts. 7 vol. 202 

Commissioners appointed to build them 
in the different districts. 7 vol. 264 

For the county courts, how built. 7 
vol. 174 

To be erected and built in various dis- 
tricts. 7 vol. 292 

Old goals to be used, until new ones be 
finished. 7 vol, 292 

Monies appropriated to build one in 



each district, except certain old districts. 
7 vol. 298 

Commissioners appointed to build a 
goal in Barnwell. 7 vol. 310 

COVENANT. 
See Bond. 

Four years allowed to bring suit of. 2 
vol. 585 



COVINOUS AND FRAUDULENT 
CONVEYANCES. 

See Fraudulent Conveyances. 



COX, CHARLES. 
Title to a certain tract of land vested 
in him. 6 vol. 144 



CRAVEN, GOV. 



2 vol. 



Act of Indemnity in favor of. 
623. 

Impowered to take up vessels and mili- 
tary stores, to prosecute the war against 
Yamasee and other Indians. 2 vol. 624 

Authorized to raise forces against In- 
dians, and declare martial law. 2 vol. 626 

Martial Law to extend no further than 
military affairs. 2 vol. 625 



CRAVEN COUNTY. 
See Counties. 



CREAMORE, CHRISTIAN. 

The right of the State in his estate, 
vested in M. and H. Hartzhog. 6 vol. 
461 

CREDITORS. 

See Fraudulent Devises. Insolvent Deb- 
tors. Fraudulent Conveyances. 

The lands and goods of him that dies 
in execution, shall be chargeable with the 
debts after his death. 2 vol. 512 

A new execution may be awarded 
against the lands and goods of him that 
dies in execution. 2 vol. 513 

This Act shall not extend to lands sold 
hona fide. 2 vol. 513 

Wills fraudulent against creditors. 2 
vol. 533 

In such cases, debt upon bond, jointly 
sueable against heir and devisees of an. 
obligor. 2 vol. 534 



184 



CURRENCY. 



Devisee chargeable for false plea, as 
an heir. 2 vol. 534 

Devise for raising portions pursuant 
to a marriage contract, good. 2 vol. 534 

If the heir alien before action brought, 
he shall be liable to the value of the land. 
2 vol. 534 

Creditors preferred, as in actions 
against executors. 2 vol. 534 

Upon Rie?is per descent, Jury shall en- 
quire the value of the lands. 2 vol. 534 

Otherwise, if judgment by confession, 
for debt and damages. 2 vol. 535 

Devisee, chargeable as heir. 2 vol. 535 

Of confiscated estates, how paid. 4 vol. 
757 



CREEKS. 
Penalty for obstructing. 3 vol. 269 

CRIMINALS. 

If able, to pay the charges of their com- 
mitments to jail. 3 vol. 638 

Public to pay such charges, if criminal 
cannot. 3 vol. 639 

And the charges of the prosecution. 3 
vol. 639 

General issue may be pleaded and this 
Act given ia evidence. 3 vol. 639 



CRIPPS, JOHN S. 
Foreign agent, ordered to draw for cer- 
tain monies in England, and to deposit 
the same in the Treasury. 5 vol. 375 



CROPS. 

Assessed. 2 vol. 263 

Slaves not allowed to plant for them- 
selves crops of corn, peas or rice, or to 
keep stocks of hogs, cattle or horses, un- 
der penalty of twenty pounds, current mo- 
ney. 7 vol. 368 



CROOK, DR. WILLIAM. 
Encouragement granted to him, for 
preparing, vending and selling a certain 
composition, of his own invention, made 
of oil of tar, and other ingredients, to pre- 
serve the bottoms of vessels from the river 
worm, and the plank from rotting. 6 vol. 
615 

CRUELTY TO A SLAVE. 
How punished. 7 vol. 411, 412 



CUCKOLD, OR WANNELL'S, 
CREEK. 
Drains to be made in its swamps and 
savannahs. 7 vol, 551 



CUMMING, MARY. 
Authorized to convey a tract of land 
and to make title. 5 vol. 99 

CUNNINGHAM, ANDREW. 
His land and personal property restor- 
ed to his heirs, on certain conditions. 4 
vol. 666 



CURRENCY. 

In much difficulty and depreciated in 
Carolina, 1719. 3 vol. 105 

See the " Bank Act of 1712," estab- 
lishing a bank or loan office in that year ; 
Appendix 9th volume ; also, an account 
of the rise and progress of the Paper bi-lls 
of credit in South Carolina, from the year 
1700, &c. &c. found since this Index 
went to press. Appendix 9th vol. 



CURRENT MONEY. 
Coramissioners's orders to be current 
money. Penalty on counterfeiting orders. 
3 vol. 113 



CURSING. 
See Prophane swearing and cursing. 



CUSABOE INDIANS. 
See Indians. 

CUSTOMS. 
All laws, liberties, and customs, can- 
firmed. 2 vol. 424 



CUSTOM HOUSE. 

Collector's office hours. 4 vol. 705 

Custom house entries at Charleston. 4 
vol. 705 

At Beaufort, at Georgetown. 4 vol. 705 

Penalty for landing goods without en- 
try. 4 vol. 705 

Searchers to make report to the Col- 
lector. 4 vol. 705 

Boat and Oarsmen to be kept by sear- 
chers. 4 vol. 705 

Searchers required to go on board of 
every vessel. 4 vol. 705 



DAMAGES. 



185 



Waiters to attend at the custom-house. 
4 vol. 705 

Forfeitures, how to be paid. 4 vol. 706 
Registering of vessels. 4 vol. 706 



CUSTOM-HOUSE OFFICERS. 
Penalty for delaying any vessel. 3 vol. 
423 

Such of them as are exempt from ser- 
ving on Juries. 6 vol. 76 
CUTS. 
See Inland Navigation. 



CUT PURSE. 
See Larcemy. 



CUTHBERT, JNO. 
Encouragements given him for certain 
implements for better cultivation of rice 
and other grain. 4 vol. 229 



CUTTING OUT THE TONGUE OF A 
BEAST. 
See Malicious Mischief. 



CUTTING OFF THE EARS OF ANO- 
THER. 
See Malicious Mischief. 



CUTTING THE HEAD OF ANY 

WATERS. 
See Malicious Mischief. 



CYPRESS SWAMP. 
To be drained to Bacon''s Bridge. 7 vol. 
516 

DAFFY DOWN DILLY. 
See Note. 2 vol. 716 



DAMS AND BANKS. 

No persons to erect or let off dams to the 
injury of others. 3 vol. 509 

To be remedied by a justice and three 
free-holders. 3 vol. 609 

Damages may be assessed. 3 vol. 609 

In what courts recovered. 3 vol. 609 

Cases excepted. 3 vol. 610 

Penalty on justice for neglect of duty. 
3 vol. 610 

Penalty on freeholders summoned, not 
attending. 3 vol. 610 

General issue may be pleaded, and this 
Act given in evidence. 3 vol. 610 
VOL. X— 24. 



Limitation 3 years. 3 vol. 610 

Made perpetual bv Act of 1783. 4 vol. 

540 

Not permissible to keep fish traps with- 

in 80 yards of any dam erected by the 

State. 9 vol. 521 



DAMS (ON RICE GROUNDS.) 

Rice dams to be opened by 10th of 
March. 4 vol. 722 

Penalty for neglect to persons through 
whose lands the water should pass. 4 vol. 
723 

Appropriation of penalty. 4 vol. 723 

Mode of obtaining redress if the dams 
are not opened at the proper time. 4 vol. 
723 

How to proceed in case of obstructing 
water to the injury of another. 4 vol. 723 

Penalty on persons replacing obstruc- 
tions and opposing the opening of dams. 
4 vol. 724 

Sufficient dams and waste-ways to be 
made. 4 vol. 724 

Penalty. 4 vol. 724 

Residents only to be summoned to at^ 
tend surveys. 4 vol. 724 

Penalty for non-attendance. 4 vol. 725- 



DAMAGES. 

See Vexatious suit. Costs. 

Costs &;c. awarded to the plaintiff, 
where defendant sueth a writ of error and 
fails. 2 vol. 453 

Upon an untrue suggestion, damages 
may be awarded. 2 vol. 550 

Protested bills to carry interest at 7 per 
cent. 4 vol. 741 

Suits may be brought and recovered 
against drawer or endorser and creditors 
on protested bills ; where drawer or indor- 
ser is dead, to stand equally with bond 
debts. 4 vol. 741 

Damages on protested bills, out of thte 
State, but within the U. States, ten per 
cent. If within N. America or W. Indies 
12^ per cent. And on persons in any 
other part of the world 15 per cent., be- 
sides interest and charges. 4 vol. 741 

Jury to find a verdict, with difference 
of exchange, on suits, bills, or any debt 
made payable in anv other country. 4 vol. 
741 

On all assessments of dower against a 
purchaser, in behalf of a widow of a for-' 



186 



DEAF AND DUMB. 



mer owner, the value of the land, at the 
time of the aHenation by the husband, 
with interest, shall be taken and received 
by the Courts of Law and Equity, as the 
true value on which to assess the said 
dower. 6 vol. 238 

In any action or suit at Law, or in 
Equity, for reimbursement or damages 
upon covenant or otherwise, the true 
measure of damages shall be the amount 
of the purchase money at the time of the 
alienation, with legal interest. 6 vol. 
238 

On bond conditioned for performance of 
covenants, or for delivery of property, 
&c., how assessed by a jury on writ of 
enquiry. 7 vol. 280 

Interest allowed in assessing dower on 
the value of the land, from the accrual of 
the right of dower, and not from the time 
of alienation by the husband. 7 vol. 331 



DARLINGTON COUNTY. 

Created in 1785. 4 vol. 662 

Division line between it and Chester, 
field to be run out and marked. 5 vol. 
480 

Line between it and Chesterfield. 9 
vol. 396 

DARLINGTON VILLAGE. 

Old Court House and Goal vested in 
Commissioners of the Roads for that dis- 
trict. 6 vol. 247 

Village incorporated and limits defined. 
6 vol. 535 

Government the same as Aiken, but 
Intendant and Wardens to be elected on 
the 1st January, and who voters. 6 vol. 
535 

Town council to grant licenses. 8 vol. 
449 

Council vested with authority over the 
highways. 8 vol. 449 

To pay to commissioners of roads all 
funds received for licenses to retailers. 9 
vol. 608 



DEACONS AND ELDERS OF ST. 

PAUL'S CHURCH. 
Incorporated. 6 vol. 534 



DEAF AND DUMB. 

See Lunatic Asylum. 

The sum of $2,500, annually appropri- 



ated to defray the expenses of educating 
so many deaf and dumb persons, between 
the ages of twelve and tvventy-five years, 
born of free white parents, citizens of this 
State, as shall apply to receive the benefit 
of this provision, and as shall be judged 
by the commissioners hereafter appointed, 
not able to meet out of their own means 
all the expenses of their support and edu- 
cation. 6 vol. 513 

The Governor for the time being shall 
appoint two persons, one from the upper, 
and the other from the lower division of 
this State, to remain in office until the 
expiration of his term of office, who, to- 
gether with himself, shall constitute a 
board of commissioners, to be called 
the commissioners of the deaf and dumb, 
of which board he shall be president. 6 
vol. 513 

The commissioners for the deaf and 
dumb shall have power to draw the annu- 
al appropriation before mentioned, as it 
may be needed for the purposes of their 
trust ; and shall, under arrangements to 
be made with " the Directors of the 
American Asylum at Hartfort, Connecti- 
cut, for the education and instruction of 
the deaf and dumb," send to the said 
Asylum for education, so many of the 
persons before described as can be sup- 
ported by the annual appropriation before 
mentioned, and as they shall deem proper 
objects of public bounty. 6 vol. 514 

The sum which shall be allowed for the 
board, tuition, and all incidental expen- 
ces of one deaf and dumb person, for one 
year, (except travelUng expences, cloth- 
ing, and medical attendance,) shall not 
exceed $100 ; and as to the expences ex- 
cepted, the commissioners shall take care 
to place them upon the most economical 
scale. 6 vol. 514 

The whole or part of the expences of 
the several applicants, shall be paid ac- 
cording to the opinion which the commis- 
sioners may form as to the pecuniary 
condition of tiie applicants ; and incase of 
more applications than would exhaust the 
annual appropriation, the commissioners 
shall make selection according to their 
opinion of the deserts of the various ap- 
plicants. 6 vol. 54 

The commissioners shall annually re- 
port to the Legislature an exact statement 
of their various proceedings during the 



DEBT. 



187 



past year, shewing precisely how they 
disbursed the money expended, the names 
of the persons who have received the 
bounty, the ages and places of residence 
of such persons, and information as to 
their progress ; which statement shall be 
accompanied by the vouchers of all sums 
expended. 6 vol. 514 



DEALING WITH EVIL AND WICK- 
ED SPIRITS. 

Invoking or consulting with evil spirits, 
taking up dead bodies, &c. for purposes 
of witchcraft, &;c. to the harm of others, 
declared felony without clergy. 2 vol. 
509 

Penalty for declaring by witchcraft 
where treasure, &c. is hidden, procuring 
unlawful love, or attempting to hurt cat- 
tle or persons. 2 vol. 509 

First offence imprisonment ; second 
offence felony without clergy. 2 vol. 509 

Saving of dower, inheritance, &;c. 2 
vol. 509 

Peers shall be tried by Peers. 2 vol. 
509 

Repealed, except a clause repealing 5 
Eliz. c. 16. 2 vol. 510 

Act in Scotland, 9 Marise, also repeal- 
ed. 2 vol. 510 

After June 24, 1736, no person to be 
prosecuted for witchcraft, dsc. 2 vol. 
510 

Persons pretending to exercise witch- 
craft, tell fortunes, or by crafty science to 
discover stolen goods, to be imprisoned 
for a year, to be pilloried, and bound for 
good behaviour. 2 vol. 510 

The Act only repealed for England 
and Scotland. See 2 vol. 509, 739 



DEALING WITH A SLAVE. 
See Trading with a Slave. 



DE BARDELEBEN. 

Commissioners of confiscated estates 
to make him titles to lands of Robert 
Williams, &c. 4 vol. 640 



DEBT. 

See Foreign Debt. Public Debt. Debt- 
or and Creditor. 

Debt may be brought against tenant 
for life, for rent. 2 vol. 54S 

Action of, may be brought within 4 
years, and it Jeme covert, imprisoned or 



beyond seas, five years. 2 vol. 585, 586 
Action of debt in the county courts to 
be brought on all judgments, bonds, bills, 
promissory notes, or other writing, with 
or without seal, where the debt is liqui- 
dated and signed with the hand of the 
debtor, and to be considered as specialties. 
7 vol. 132 



DEBT ON BOND. 

In all actions of debt on bond, the de- 
fendant shall be at liberty, under the plea 
of the general issue, to offer in evidence 
any matter tending to shew that the bond 
was void in its creation ; provided, that 
twelve days notice be given to the oppo- 
site party, of the nature of the defence 
intended to be relied on. 6 vol. 438 

Nothing in this Act contained shall be 
construed to restrict or in any wise im- 
pair any right which a defendant may 
now have under such plea, according to 
the laws and usages of this State. 6 vol. 
439 



DEBT OF THE REVOLUTION. 

See Public Debt. 

The annual quota of South Carolina, 
in satisfaction of the debt of the Revolu- 
tion, to the United States. 5 vol. 12 

DEBTOR. 
King''s debtor dying. King shall be first 
paid. 2 vol. 417 

See note. 2 vol. 715 



DEBTOR AND CREDITOR. 

See Assignment. Ca. Sa. Suits. Legal 
Tender. Instahnent JLaw. 

After 29th September, Plantation debts 
may be proved on oath before Chief Ma- 
gistrates. 2 vol. 570 

Proviso. 2 vol. 571 

Debts to his Majesty may be proved in 
same manner. 2 vol. 571 

Penalty on false oath or affirmation. 2 
vol. 571 

Lands, houses, negroes, &c. in the 
Plantations, liable to be sold for debt, as 
real estates, by the laws of England. 2 
vol. 571 

Proceedings in actions for debt, of 
1775, repealed 1777. 4 vol. 390 

Creditors attainted. 4 vol. 391 

Limitation Act, not to bar certain suits. 
4 vol. 391 



183 



DECLARATION. 



Debtors absconding. 4 vol. 391 

To give relief to debtors, no suits to 
be brought for a certain time, (1782.) 4 
vol. 513 

Exceptions. 4 vol. 513 

Stay given on old debts contracted be- 
fore 1782. Conditions. 4 vol. 640 

Time when debts may be sued for and 
recovered. 4 vol. 641 

Proviso. 4 vol. 641 

Open accounts not sued for, to bear in- 
terest. 4 vol. 641 

Bonds, &c. 4 vol. 641 

Seizures, &c. 4 vol. 641 

No creditor to bring any suit before he 
makes application, in writing, to his debt- 
or, for payment, and if the debtor shall 
tender property in payment, which tender 
the creditor shall refuse, after judgment, 
the plaintiff shall accept the property, to 
be appraised as directed by the Act. 4 
vol. 711 

Property not to be sold for less than 
three-fourths of its appraised value. 4 
vol.711 

Real and personal property may be ten- 
dered to the plaintiff in any stage of the 
proceedings, on certain conditions. 4 
vol. 711 

The Act not to extend to cases of mo- 
ney had and received for another's use, or 
property sold under vendue. 4 vol. 712 

No imprisonment on mesne process, 
provided the debtor will subject bis pro- 
perty to the regulations of the Act, and 
assign his property. (Expired.) 4 vol. 
712. 

Where any person, (not a citizen of 
this State,) has died, or shall die, already 
indebted to a citizen of this State, the 
assets and effects within the same, being 
sufficient for the payment of all his debts, 
shall be liable to discharge the debts due 
the citizens of this State, in the same 
manner as if the same had been liquidat- 
ed by bond or other specialty. 5 vol. 86 



DECEITS. 

See Mortgages. Conveyances. See 
note of Editor, No. 161, with autJiorities. 

Penalty of a sergeant or pleader com- 
mitting deceit. 2 vol. 420 

An Act to prevent, in sale of beef, 
pork, <kc. 2 vol. 680 



DECLARATION. 

See Pleading. 

Non-suit for want of declaration before 
the end of the next term after appear- 
ance, and judgment and costs against 
the plaintiff. 2 vol. 515 

Prisoner in custody, how served with 
declaration. 2 vol. 537 

In King's Bench, declaration must 
state defendant to be in custody of such 
a sheriff. 2 vol. 537 

A person suing a writ of attachment, 
to file his declaration some time before 
sitting of the next court of common pleas. 
2 vol. 590 

In every cause, declaration shall be 
filed on the first day of the court, and if 
not, the defendant may serve the plain. 
tiff by posting at the court house door a 
rule to file his declaration ; and on failure 
so to do, within two days, he shall be non 
2>rossed. 7 vol. 267 



DECLARATORY ACT. 

See Acts of Assembly. 



DECREES. 

See Satisfaction. 

Assignees of decrees in Law or Equity 
may bring suits in their own names, sty. 
ling themselves assignees, subject to the 
same equities as the assignees of bonds, 
bills and notes not negotiable. 6 vol. 33 

No sheriff or deputy sheriff to purchase 
any decree or execution lodged in his 
office, under forfeiture of treble the 
amount of the money arising from such 
decree or execution. 6 vol. 213 



DEDIMUS POTESTATEM. 
Clerk of the Court of Common Pleas, 
to grant all writs of dedimus potestatem, 
for taking renunciations of dower and 
releases of inheritance, ixom femes covert^ 
or for the purpose of proving the execu- 
tion of all deeds of conveyance, where 
such femes covert, or persons so convey- 
ing, reside without the limits of this State, 
directed to commissioners, as heretofore 
prescribed. 6 vol. 319 



DEEDS. 

See Forgery. Fraudulent Conveyances 
and Deeds. 

Proof of deeds executed in a foreign 
countrv. 3 vol. 285 



DEEDS. 



189 



Records and certified copies of deeds 
in the register's office, proved and record- 
-ed, as good evidence as the original. 3 
vol. 303 

See note to Peay vs. Picket, 3 M'Cord's 
Law Reports, 323 

The Governor of this State is author- 
ized to name, appoint, and commission a 
commissioner or commissioners, in each 
or such of the other States of the United 
States, or territories thereof, or in the 
District of Columbia, as he may deem 
expedient, who shall continue in office 
during the pleasure of the Governor, any 
one of whom shall have authority to take 
the acknowledgement 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 record- 
ed in this State ; and such acknowledge- 
ment or proof, taken or made in the man- 
ner directed by the laws of this State, 
and certified by any one of the said com- 
missioners, before whom the same shall 
be taken or made, under his seal, (which 
•certificate shall be indorsed on or annex- 
ed to the deed or instrument aforesaid,) 
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 judge of this State. 6 
vol. 504 

Every commissioner appointed under 
the authority of this Act, shall have full 
power to administer an oath or affirma- 
tion to any person who shall be willing 
or desirous to make such oath or affirma- 
tion before him ; and such oath or affir- 
mation, made before such commissioner, 
is declared to be as good and effectual, to 
all intents and purposes, as if taken by 
any magistrate resident in this State, and 
competent to take or administer the same. 
6 vol. 505 

Every commissioner, appointed as 
aforesaid, before he shall proceed to per- 
form any duty under and by virtue of this 
Act, shall take and subscribe an oath or 
affirmation, before a justice of the peace, 
in the city or county in which such com- 
missioner shall reside, well and faithfully 
to execute and perform all the duties of 
such commissioner or assistant commis- 
sioner, as the case may be, under and by 



the laws of South Carolina ; which oath 
or affirmation, and the written appoint, 
ment of such assistant commissioner, 
shall be filed in the office of the Secretary 
of this State, who shall give notice of 
such appointment in one or more of the 
Gazettes of this State. 6 vol. 505 

The person so appointed commissioner, 
as aforesaid, shall have power and author- 
ity to take and certify renunciations of 
dower and inheritance, on the same terms 
and conditions as judges or justices of 
the quorum are now authorized to do by 
the laws of this State ; and such renun- 
ciations, so taken and certified as afore- 
said, shall as eftectually convey such es- 
tates of dower and inheritance, as if the 
same had been rendered in this State. 6 
vol. 505 

How to be proved and recorded in the 
counties. 7 vol. 232 

No deed to have effect to convey any 
right in lands, &c. unless made in vyri- 
ting, signed, sealed and recorded in the 
clerk's office of the county where the 
land lies. 7 vol. 233 

Time allowed for recording — 1st, where 
the grantor is resident within the State, 
at the execution, within 6 months from 
the execution ; 2d, where resident in any 
other of the U. S. within 12 months; 3d, 
if without the U. S. 2 years. 7 vol. 233 

Deeds not recorded in such times, only 
to be valid against parties and their heirs; 
but void as to creditors or subsequent pur- 
chasers, recorded as heretofore required. 
7 vol. 233 

No deed to be admitted to record in 
any county court, unless acknowledged 
or proved in such court by the grantor in 
person, or otherwise by proof of the exe- 
cution, to be made in open court, by the 
oath of two credible witnesses, at the 
least. 7 vol. 233 

Memorandum of livery and seizen 
made in deeds of feoffment to be likewise 
acknowledged or proved and recorded 
with the deed ; and such memorandum 
thus recorded shall be taken and deemed 
a sufficient livery and seizen. 7 vol. 233 

(The above provisions are made by the 
45th section of County Court Act, which 
section has been held to relate only to 
counties where county courts were estab- 
lished, and did not extend to other parts 



190 



DEER. 



of the State. 'Penman vs. Hunt. 2 Bay 
Rep. 2&1.) 

Not necessary to prove deeds, for the 
grantor or witnesses to appear in court. 
7 vol. 244 

Manner of proof where the grantor re- 
sides out of the State, or at some conside- 
rable distance, by dedimus. 7 vol. 244 

Proof where the grantor resides in the 
State, but in another county. 7 vol. 244 

Need not be acknowledged, nor proved 
in open court, to be recorded in the coun- 
ty courts, but the acknowledgement be- 
fore a judge of the supreme court, or 
oath of one witness before a magistrate 
out of court, that the deed was duly exe- 
cuted, shall be sufficient. The provision 
extended to proving all deeds executed 
prior to establishment of county courts. 
7 vol. 247 

DEED OF GIFT. 

Made to a bastard child, to the prejudice 
of lawful issue, to be void, provided it ex- 
ceeds one tenth of the real and personal 
estate of the parent. 2 vol. 226 

And not to exceed one hundred pounds 
currency. 2 vol. 226 

Made to defraud creditors, shall be 
void. 2 vol. 453 

See note of the Editor. 2 vol. 717 



DEER. 

See Fire Hunting. 

Killing doe or fawn prohibited, between 
1st January and last of July ; and bucks 
between 1st. September and last Friday 
of October, and between 1st March and 
last of April. 4 vol. 310 

Penalty. 4 vol. 310 

Friendly Indians excepted. 4 vol. 311 

Any person may kill deer for food, if 
he does not sell the skin. 4 vol. 311 

Penalty for hunting or killing deer in 
the night time. 4 vol. 311 

No persons allowed to hunt a greater 
distance than 7 miles from their place of 
residence. 4 vol. 311 

Fines and forfeitures, how recovered 
and disposed of. 4 vol. 311 

Made perpetual by Act of 1783. 4 
vol. 541 

Penaltv for killing, while fire-hunting. 
5 vol. 124 

Penalty for killing Does between 1st 
March and 1st September. 5 vol. 125 



DEER SKINS. 

Three half pence duty on light deer 
skins. 6 vol. 614 

In case the skins are over 16 oz. 6 
vol. 615 

Forfeiture. 6 vol. 615 



DEFAMATION. 
In actions of defamation, costs allowed, 
though verdict be for less than 40 shil- 
lings. 2 vol. 76 



DEFENCE. 

One person killing another in his own 
defence, or by misfortune, an appeal of 
murder. 2 vol. 420 

Against public enemy. 2 vol. 23 

Beacons to be erected. 2 vol. 24 

Commissioners to be appointed. 2 vol. 
24 

Beacons to be attended by two persons. 
2 vol. 24 

Attendants to be pressed or otherwise 
procured. 2 vol. 24 

Daily pay 15 pence. 2 vol. 24 

Deserting the beacon to be felony. 2 
vol. 24 

Tax of £300 to be imposed. 2 vol. 24 

Mode of expending the same. 2 vol. 
24 

Five pounds to be appropriated to the 
objects of this Act. 2 vol. 24 

Governor empowered to enlist soldiers. 
2 vol. 320 

Ammunition enumerated to be sent by 
Governor to Indians. 2 vol. 321 

Allowance to white men enlisting. 2 
vol. 321 

In case of soldiers killed. 2 vol. 321 

Captives taken, how to be disposed of. 
2 vol. 321 

Provision in case of persons refusing 
to sell their slaves. 2 vol. 322 

£3000 in twenty shilling bills to be 
raised. 2 vol. 322 

Repealed by Act of April 24th 1708, 
which is also repealed by Act of March 
20th, 1718-9. (Note.) 2 vol. 323 

An enlistment to be employed against 
the revolted Savannahs. 2 vol. 324 

Arms and ammunition specified. 2 
vol. 324 

Premium for enlisting. 2 vol. 325 

In case of loss of life. 2 vol. 325 

Governor empowered to enlist 140 men, 



DEFENCE. 



191 



to be drawn from the companies through- 
out the Province. 3 vol. 23 

How the troops are to be disposed of. 
3 vol. 23 

Pay of officers and privates. 3 vol. 24 

Soldiers maimed in the war, to be 
maintained at the public cost. 3 vol, 24 

Bounty of £30 for each Indian scalp. 
3 vol. 24 

Commissioners, pay-masters and in- 
spectors, appointed, 3 vol. 24 

Garrisons to be furnished with fresh 
provisions. 3 vol. 25 

Penalty on killing other people's cattle, 
3 vol. 25 

Officers to be examined on oath, what 
cattle have been killed for the men. 3 
vol. 25 

Servants draughted, to receive pay for 
their own use. 3 vol. 25 

Servant s pay, 20 shillings per month. 
3 vol. 25 

Servants killed or taken, to be paid for 
to their masters. 3 vol. 26 

A surgeon to be employed. 3 vol. 26 

Governor may draw detachments of 
Rangers, and impress necessary articles. 
3 vol. 26 

The eight indians to be employed as 
the Governor may direct. 3 vol. 26 

Soldiers not needed may be discharged. 
3 vol. 27 

Commissioners dying or departing. 3 
vol. 27 

Public receiver to furnish money. 3 
vol. 27 

Accounts of monies received under this 
Act, to be kept separately. 3 vol. 28 

Loans may be made, not exceeding 
£3000, at twelve per cent interest. 3 
vol. 2S 

Books of entry and account to be pro- 
vided of all loans. 3 vol. 28 

All re-payments of money, to be made 
in due course according to their date. 3 
vol. 29 

Every three months, public notice to 
be given what orders are paid offi 3 
vol. 29 

How monies received are to be applied. 
3 vol. 29 

Limitation of continuance. 3 vol. 30 

(Expired or repealed.) 3 vol. 30 



DEFENDANT. 
Cases wherein, by the Statute made 23 



H. 8, c. 15, the defendant shall recover 
the costs. 2 vol. 510 

Several cases wherein defendant shall 
recover costs against plaintiff. 2 vol. 511 



DEFLOWERING, 

See Maidens. 

DE LA HOWE, DR. JOHN, 

See Agricultural Society of South Caro- 
lina. 

Trustees appointed to carry into effect 
the will of Dr. John De La Howe, in Heu 
of the Abbeville delegation. 6 vol. 396 

The board of trustees hereby appointed, 
to continue to serve for the term of four 
years from the first Monday in April next : 
a new board shall be appointed by joint 
resolution of both branches of the Legis- 
lature, at the session of the Legislature in 
1833, and so, after the expiration of eve- 
ry four years succeeding, to continue for 
four years from the first Monday in April 
next after the appointment. 6 vol. 396 

In case of refusal to accept, death, re- 
signation, removal from the district, or 
removal from the trust, of any of the trus- 
tees hereby appointed, or of any of their 
successors, it shall be the duty of the 
delegation from Abbeville, for the time 
being, or a majority of the said delega- 
tion, to appoint a suitable person, a citi- 
zen of Abbeville district, to fill the vacan- 
cy till another appointment be made ; and 
at the next session of the Legislature 
another appointment, by joint resolution, 
shall be made, to continue until a new 
board shall be appointed, as heretofore 
provided. 6 vol. 396 

The board of trustees hereby appointed,, 
and their successors, are, after the first 
Monday in April next, hereby incorpora- 
ted as a body corporate and politic, in 
deed and in law, by the name of "The 
Trustees of the Estate of Dr. John De La- 
Howe,'' and may sue and be sued, implead, 
and be impleaded, and make rules and re- 
gulations for their government, not repug- 
nant to the laws of the land, such as a 
majority of them shall approve. Provi- 
ded, that such corporation may, at any 
time, be dissolved or controlled by the 
Legislature ; and that annual payment of 
interest on all monies due, or to become 
due, to the said board, shall be required to 
be punctually made ; and that no member 



192 



DETINUE. 



of the board, during his continuance in 
office, shall be, directly or indirectly, a bor- 
rower of any part of the funds of the 
said estate, or security for any person. 6 
vol. 397 

Trustees may be removed. 6 vol. 397 

Treasurer and Secretary to be elected. 
6 vol. 397 

Treasurer's duty to make an annual re- 
turn, on oath, to the Ordinary of Abbe- 
ville, and by him to be sent to the Legis- 
lature. 6 vol. 397 

Present trustees to serve till April 1830. 
6 vol. 397 

Actions pending not to abate by reason 
of this Act. 398 

Trustees of his estate authorized to 
sell the real estate, except the Lethe plan- 
tation, and to apply the proceeds to the 
trusts of the testator's will, and to report 
to the Legislature at its next meeting the 
terms and amount of such sales. 6 vol. 14 

Trustees to his will appointed. 8 vol. 
347 

Funds to be delivered to them. 8 vol. 
347 

Treasurer to be elected, annual returns 
to be made, and the trustees incorporated. 
8 vol. 348 



DELAYS. 
Delays in suits by reason of 15 days 
between the teste and return of writs, 
remedied in actions personal. Ejectione 
jirmcB. Venire facias. Habeas corpora 
juratorum. Distringas jurator. Fieri fa- 
cias. Capias ad satisfaciendum. 2 vol. 516 

DEMURRER. 

See Pleading. Pleading in Chancery^ 



DENIZEN. 

Aliens made free of the Province, on 
taking the oath of allegiance and abjura- 
tion. 2 vol. 251 

To have the privilege of British sub- 
jects. 2 vol. 2.51 

And claim lands as heirs or purchasers. 
2 vol. 252 

Form of oath to be taken. 2 vol. 252 

Not to be chosen members of Assem- 
bly, but may vote. 253 

Alien friends, how they may become 
denizens. 5 vol. 355 



DEPRECIATION TABLE. 

Preamble. Differences arising on con- 
tracts, to be settled by the annexed table. 
4 vol. 563. 

Value of the money to be fixed at the 
time the contract was made. 4 vol. 563 

How bonds to be paid. 4 vol. 563 

Public demands, how paid. 4 vol. 563 

The table. 4 vol. 564 



DEPUTY SHERIFF. 
See Sheriff. 



DEPUTY SURVEYORS. 

See Surveyor General. 
To be appointed, not exceeding six in 
each district. 4 vol. 591 

To take oath. Their duty. 4 vol. 591 
Oath. 4 vol. 592 



DESCENT. 

Wrongful disseisin is no descent in law. 
2 vol. 472 

Five years possession in the disseisin 
before his death, will toll the entry 
give descent. 2 vol. 472 



and 



DESERTERS. 
Penalty on concealing. 4 vol. 341 
Provisions against soldiers and sailors 
deserting. (Expired.) 4 vol. 341 



DETACHMENTS. 

Detachments of his Majesty's soldiers 
ordered on country duty, to receive 
pay of country troops. 3 vol. 235 



the 



DETINUE. 

Four years allowed to bring suit. 2 voL 
586 

The magistrates authorized to try small 
and mean causes, within the parishes of 
Saint Philip and Saint Michael, (6 vol. 
328) shall have jurisdiction in all cases of 
trover and detinue, where the damages 
claimed or amount in issue do not exceed 
twenty dollars, as in case of contracts; 
but to be confined to citizens of said pa- 
rishes. 6 vol. 388 

In all actions of detinue, the general 
issue shall be nan detinet, and may be 
sued and prosecuted in the same manner 
as trover or conversion, and no wager of 
law allowed. 7 vol. 236 

Full costs allowed in cases of detinue. 



DEVISE. 



193 



where the verdict amounts to $4. 7 vol. 
297 



DEVASTAVIT. 
See Executors. 



DEVISE. 

See ^Vills and Testaments. 

Made to a bastard child to the prejudice 
of lawful issue, to be void ; provided, it 
exceeds one tenth of the real and personal 
estate of the parent. 2 vol. 226 

And not to exceed one hundred pounds 
currency. 2 vol. 226 

Wills fraudulent against creditors. 2 
vol. 533 

In such eases, debt upon bond jointly 
suable against heir and devisees of an 
obligor. 2 vol. 534 

Devisee chargeable for false plea, as an 
heir. 2 vol. 534 

Devise for raising portions, pursuant 
to a marriage contract, good. 2 vol. 534 

Devisee chargeable as heir. 2 vol. 535 

Of interest in lands, to a witness to the 
will, void. 2 vol. 580 



DEVISEE. 
See Fraudulent Devises. 



DIERSON, BARNEND. 
Exempted from the operation of the 
escheat law, as to certain real property 
purchased by him before he became a citi- 
zen. 5 vol. 439 



DIGEST OF THE LAWS. 

Of the State laws, ordered in 1785 ; 
commissioners chosen and a copy of their 
digest laid before the House. 1 vol. 435 

Not adopted. 4 vol. 435 

Commissioners recommended a court of 
appeals, which was established by the con- 
stitution of 1790. 

Necessity of a revisal, digest, and pub- 
lication of the laws, (1785.) 4 vol. 659 

Three commissioners to form a digest 
of the laws of the State. Their powers. 
4 vol. 659 

The laws to be arranged and laid before 
the General Assembly within two years. 
4 vol. 659 

Compensation to commissioners. 4 vol. 
659 

Vacancies to be filled by the remaining 
commissioners. 4 vol. 659 
VOL. X— 25. 



£1000 appropriated in 1785, to Hugh 
Rutledge, for his digest of the laws. 4 
vol. 699. (What became of the Digest?) 

DILATORY PLEA. 
None to be received, unless on affida- 
vit. 2 vol. 434 



DIRECT TAX. 
See United States Direct Tax. 



DISABLING. 

Late Governor, James Colleton, made' 
war upon the country. 2 vol. 44 

Prohibited from all offices of honom* or 
profit. 2 vol. 44 

To enter into bail at the King's bench,- 
Westminster. 2 vol. 45 

To be held to bail in £10,000. 2 vol. 45' 

To give bond to persons herein named. 
2 vol. 45 

Penalty. 2 vol. 45 

Certain persons disabled from holding 
office, civil or military, for setting up mar- 
tial law. 2 vol. 49 

Continued offeree two years, 2 vol. 49^ 



DISCHARGE. 

See Indict?nent. 



DISCONTINUE. 
When costs allowed. See Cost, 
tious suit. 



Vexa- 



DISCOUNT. 

What discounts allowed for and against 
executors and administrators. 3 vol. 342 

Set off of mutual debts allowed. De- 
fendant to file particulars of discount, and 
serve notice in 12 days, and as directed 
by former Act. 3 vol. &11 

No discount allowed for an account 
four years standing. 3 vol. 611 

To continue three years. 3 vol. 611 

Or set ofTs, allowed in actions of the 
same nature. 4 vol. 76 

Twelve days notice of set off to be 
given to plaintiff. 4 vol. 77 

No set off allowed contrary to an Act 
therein mentioned. 4 vol. 77 

Limitation to five years. 4 vol. 77 

Act of 1759, continued for seven years. 
4 vol. 296 

Act of 1759, continued for five years. 
4 vol. 383 



194 



DISTRESS. 



Fourteenth paragraph of Act 1721, 7 
vol. 169, and 1st paragraph of Act 1721, 
7 vol. 176, repealed. Also, 6th paragraph 
of Act of 1734, 3 vol. 383 ; and 1st. para- 
graph of Act of 1744, 3 vol. 611, re- 
pealed. 4 vol. 76 

If the plaintiff be indebted to the de- 
fendant, on any account whatsoever, the 
defendant may, if he see fit, give the 
same in evidence by way of discount, 
and the same shall be noted, and judg- 
ment entered up for the balance only ; 
and if the discount be for more than the 
defendant owes the plaintiff, judgment 
shall be entered for the defendant for the 
overplus, and an execution go for the 
overplus, and the verdict shall be special, 
and the judgment so entered. Defend- 
ant to give the plaintiff or his atttorney, 
at least twelve days notice before the trial, 
with a copy of the discount intended to 
be offered, which discount must be proved 
as usual. (Repealed, 1759. 4 vol. 76.) 7 
vol. 169 

This law made of force in all the courts 
of the Province. (Repealed, 1759. 4 vol. 
76.) 7 vol. 176 

A defendant within the jurisdiction of 
the city court of Charleston, shall here- 
after be allowed to plead a discount to any 
action brought against him by a plaintiti 
not within the jurisdiction of the said 
court. 7 vol. 322 ' \' . 

DISSEISIN. 

Wrongful disseisin is no descent in law. 
2 vol. 474 

Five years possession in the diss^^ r 
before his death, will toll the entry and 
give descent. 2 vol. 474 



260 



DISSENTING MINISTERS. 
May christen, rnarry and bury. 2 vol. 



DISFIGURING. 
See Horse. Cattle. 
Penalty for disfiguring horses and cattle 
of others. 3 vol. 604 



DISMISSING BILLS. 
On dismissing bills in equity, plaintiff 
or defendant to have full costs. 2 vol. 437 



DISORDERLY HOUSES. 
Patrol may enter, and apprehend and 
correct all slaves found there. 8 vol. 538 



DISPENSATIONS. 

See Marriages. 



DISTRESS. 

A distress shall not be driven out of the 
county. And it shall be reasonable. 2 
vol. AIS 

None shall be distrained for a debt 
that he oweth not. 2 vol. 420 

None shall be taken but by bailiffs 
known and sworn. 2 vol. 422 

If any lessee, «Sic., shall fraudulently 
carry off goods, &c., the lessor, &;c. may, 
within five days after, seize such goods, 
&c., and sell the same, as if they had 
been distrained. 2 vol. 547 

Proviso. Such lessor, &;c., shall not 
seize any goods, &;c., which shall be bona 
fide sold before. 2 vol. 548 

Debt may be brought against tenant for 
life for renf. 2 vol. 548 

Distresses liable to such sales, and to 
be distributed as by Act of 2 W. & M. s. 
I. c. 5. 2 vol. 548 

Rent in arrear upon a lease for life, 
&;c., expired, may be distrained for, after 
the determination of the lease. 2 vol. 548 

Distress to be within six months after 
the end of the lease, and during the 
landlord's title and tenant's possession. 2 
vol. 548 

This Act shall not hinder the Queen, 
&c., to levy, &c., any debts, fines, dec, 
due lo the crown. 2 vol. 548 

Plaintiff in replevin being non-suited 
before issue joined, how defendant may 
avow. 2 vol. 552 

Plaintifl' non-suit, after avowry made. 
2 vol. 552 

Landlords may distrain and sell goods 
fraudulently carried off the premises, with- 
in thirty days. 2 vol. 572 

Unless sold to any person not privy to 
the fraud. 2 vol. 572 

Penalty on said fraud, or assisting thero- 
to. 2 vol. 572 

If the goods exceed not the value of 
j£50, landlords to have recourse to two 
justices. 2 vol. 573 

Appeal from them to quarter sessions. 
2 vol. 573 

The two justices's order on such ap- 
peal, not to be executed. 2 vol. 573 

Landlords may break open houses, to 
seize goods fraudulently secured therein. 
2 vol. 573 



DISTRESS. 



195 



And may distrain stock or cattle on 
premises, for arrears of rent. 2 vol. 574 
Tenants to have notice of place where 
distress is lodged. 2 vol. 574 

Distress of corn, &c., to cease, if rent 
be paid before it be cut. 2 vol. 574 

Distress may be secured, and sold on 
the premises, as directed by the Statutes 
of2 W. &M. c. 5, and4Geo. 2,c. 28. 2 
vol. 575 

Distress for rent, not unlawful, &c., for 
any irregularity therein. 2 vol. 578 

Tenants not to recover by action, on 
tender of amends. 2 vol. 578 

Defendant in replevin, to avow, &.C., 
that the plaintitf held the premises at a 
certain rent, &c. 2 vol. 579 

To prevent vexatious replevins. 2 vol. 
579 

Replevin bonds may be assigned. 2 vol. 
579 

Goods distrained for rent, may be ap- 
praised and sold. 2 vol. 530 

Corn loose, &;c. may be detained and 
sold. 2 vol. 531 

Treble damages for pound-breach. 2 
vol. 531 

Double damages and costs against 
wrongful distrainer. 2 vol. 531 
See note. 2 vol. 746 
No distress warrant, when it does not 
exceed twenty dollars, lo issue in the pa- 
rishes of Saint Philip's and Saint Mi- 
chaers, except by one of the six magis- 
trates appointed under the Act of the 19th 
December, 1827. 6 vol. 329 

Mode of proceeding in such ca'=es for 
rent due, before one of such magistrates. 
6 vol. 329 

No distress warrant shall hereafter issue 
within the parishes of Saint Philip and 
Saint Michael, without an affidavit of the 
sum due, as in case of bail. 6 vol. 388 

The sheritF of the county courts, or his 
officers, may distrain for any taxes, levies, 
clerk's or sheriffs fees, or other monies, 
which may be sold if the owner does not, 
in six days, pay the debt. 7 vol. 225 
Notice to be given. 7 vol. 225 
No unreasonable seizure or distress to 
be made, and not upon a slave, if other 
sufficient distress can be found, under 
penalty. 7 vol. 225 

No slave liable for di.stress for rent, un- 
less he belongs to the person chargeable 
for the rent. 7 vol. 435 



DISTRIBUTION. 
See Administrators. Ordinary. In- 
testatcs's Estates. 



DISTRICTS. 
The State divided into equity districts. 
7 vol. 304 



DISTRICT COURTS. 
See Supreme General Court. Circuit- 

DISTRICT OFFICERS AND THEIR 
OFFICES. 
If any clerk of the court of common 
pleas and general sessions, or sheriff, or 
ordmary, or master in equity, or commis- 
sioner in equity, or register in equity, or 
register of mesne conveyances, in this 
State, shall wilfully fail or neglect to di.s- 
charge all the duties and perform all the 
services which now are or shall hereafter 
be required of him by law, in addition to 
his liability to the party aggrieved, he 
shall be liable to be indicted as for a mis- 
demeanor, and, upon conviction thereof, 
he shall be fined, at the discretion of the 
court, not exceeding five hundred dollars. 
6 vol.577 

It shall be the duty of the Attorney 
General and the circuit Solicitors, and 
they are authorized and required, to ex- 
amine annually, and at such times as they 
shall deem expedient, into the condition 
of the offices above named, of the several 
districts in their respective circuits, and 
to ascertain if the said several officers, 
respectively, shall have discharged all the 
duties, and performed all the services, 
which now are or shall hereafter be re- 
quired of them, respectively, by law ; and 
to make a report of the condition of said 
offices, and the manner in which the said 
several officers, respectively, shall have 
discharged their duties, to the courts of 
law of the several districts, respectively, 
at the Fall Term in each year, and also 
to the Legislature, at each annual session. 
6 vol. 577 

If any one of the said district officers 
shall be reported as aforesaid, as having 
wilfully failed or neglected to discharge 
any of the duties, or to perform any of 
the services, appertaining to his office, 
which now are or shall hereafter be requi- 



L 



196 



DISTRICT OFFICES. 



red of him, by law, it shall be the duty of 
the court to order a bill of indictment to 
be preferred against such delinquent offi- 
cer. 6 vol. 577 

The fine to be imposed by virtue of this 
Act, shall be paid over to the commission- 
ers of public buildings of the respective 
districts in which such failure or neglect 
may have occurred. 6 vol. 578 

As a compensation for the additional 
duties of the Attorney General and circuit 
Solicitors by this Act, their salaries shall 
be increased, each, by the sum of $200. 
6 vol. 578 

An Act entitled "An Act to provide 
for the repairing of court houses and 
gaols in this State," passed December, 
1827, authorizing and requiring the com- 
missioners of public buildings to keep in 
repair and superintend the court houses 
and gaols of their respective districts, so 
amended as to authorize and require the 
said commissioners, in their respective 
districts, also to superintend and keep 
in repair the interior of the several offices 
of the aforesaid district officers, and to 
cause to be constructed and placed therein, 
and kept in repair, suitable fixtures or ca- 
ses, for the reception and preservation of 
the records, books and other papers apper- 
taining and belonging to said offices, re- 
spectively ; and to cause to be erected 
and kept in repair, such out buildings and 
fences on the gaol and court house lots, as 
they may respectively deem necessary for 
-the use and convenience of the sherifls or 
gaolers residing in said gaols, respective- 
ly, or for the protection of said gaols and 
court houses ; and to cause to be made 
out and completed, such records and books 
in the several offices named in the first 
section of this Act, in their respective 
districts, as may be directed and ordered 
by the said court of common pleas and 
general sessions, whose duty it shall be, 
from time to time, to give such direc- 
tions, and make such orders, as may be 
necessary for the completion of the re- 
cords and books in said offices, respective- 
ly. 6 vol. 578 



DOCKON AND WAPPAHOOLA 

CREEKS. 

See Inland Navigation. 

The Act to make them navigable, and 
to establish a public landing at their head, 
repealed. 6 vol. 490 

DOCKON AND WAPPAHOOLA RAIL 
ROAD COMPANY. 
Incorporated. 6 vol. 4S3 



DOCKET. 

In Charleston, a country docket to be 
kept in the circuit court. 7 vol. 316 

When and how to be called. 7 vol. 
.?16 



DOMESTIC ATTACHMENT. 

See Attachment. 



DOMESTIC GOODS. 
Exempted from duties. 4 vol. 610 



DORCHESTER. 

See <S^. George Dorchester. 

Public markets to be kept there two 
days in the week. 3 vol. 214 
Two fairs to be held annually. 3 vol. 215 

Director or rulers of fairs, to hold a 
court of pie poudre. 3 vol. 215 

What they are to observe. 3 vol. 215 

Toll-gatherer's fees and duties. 3 vol. 
216 

No person to be arrested during time of 
fairs. 3 vol. 216 

Fines not exceeding £10, how to be 
recovered. Above £10. 3 vol. 216 
When this Act is to be of force. 3 vol. 216 

A new church to be built in the parish 
of Saint George Dorchester. 3 vol. 35ft 

DOUGLASS, JAMES. 
A certain lot of land in Charleston, 
subject to escheat, vested in him, reserv- 
ing the rights of others. 6 vol. 11 



DOWER. 

See Conveyance. 

Dower saved to widow, who did not 
legally join her husband in a mortgage. 2- 
vol. 137 

If a wife elopes with an adventurer ,^ 
she shall forfeit her dower, unless husband 
willingly takes her back. 2 vol. 422 

A woman shall not have both a jointure 
and dower of her husband's lands. 2 voL 
468 

A woman shall be endowed whose 
jointure is recovered. 2 vol. 469 

Double mortgage by the husband, does 
not deprive the wife of dower. 2 vol. 53 



DOWER. 



197 



How wife may release. 3 vol. 303 

See Note. 3 vol. 788 

In what manner widows may obtain 
their dowers or thirds. May petition 
Court of Common Pleas ; summons and 
further proceedings. 4 vol. 386 

Survey may be made, (Act 1777.) 4 
vol. 387 

Repealed. 4 vol. 742 

Assistant Judges may grant a dedimus 
protestatem, for taking renunciation of 
dower or release of inheritance from 
feme coverts, and all such renunciations 
and releases heretofore taken, declared 
valid. 4 vol. 431 

Former Act. 4 vol. 385 

Repealed. 4 vol. 742 

Mode of obtaining dower or thirds in 
husband's lands, 4 vol. 742 

Proviso, that relation be had to the 
value of the lands. 4 vol. 742 

Altered by Act of 1824. 6 vol. 238 

Service of summons to be proved on 
oath. 4 vol. 743 

The assistance of Surveyors may be 
called in. 4 vol. 743 

On all future assessments of Dower, 
against a purchaser, in behalf of a widow 
of a former owner, the value of the land, 
at the time of the alienation by the hus- 
band, with interest, shall be taken and re- 
ceived by the Courts of Law and Equity, 
as the true value on which to assess the 
said dower. 6 vol. 238 

May be renounced before any of the as- 
sistant judges or justices of the court of 
common pleas, as before the chief justice. 
7 vol. 196 

How to be relinquished in the county 
courts. 7 vol. 233 

The relinquishment to be recorded. 7 
vol. 233 

May be done by commission. 7 vol. 
233 

See Penman vs. Hunt, 2 Bay, 261 

Writs of dower demandable of com- 
mon right, and need not petition. 7 vol. 
294 

Interest allowed in assessing dower on 
the value of the land, from the accrual of 
the right of dower, and not from the time 
of the alienation. 7 vol. 331 



DOWNER, ALEXANDER. 

Commissioner in Equity for Edgefield 
District to sell and convey the plantation 
of Alexander Downer, deceased , agreeably 
to the order of the Court of Equity, and 
the monies arising from such sale, and all 
other monies or lands belonging to or to 
be collected for the said estate, arising 
from sales or investments, that were be- 
queathed by the testator for the educa- 
tion of orphan children, shall be under the 
controul and care of the Court of Equjty. 
6 vol. 595 

The annual interest thereof shall be ap- 
plied and appropriated according to the 
trusts and terms of the said testator's will. 
6 vol. 595 

The Governor authorized to appoint 
three Commissioners, to superintend the 
erection of a suitable school-house, to be 
built as near the plantation as they shall 
deem expedient, to the building of which 
they shall apply the interest arising from 
the said estate ; and shall appropriate 
the annual interest that shall accrue on 
the said estate, after the erection of such 
school house, in the education of orphan 
children, agreeably to the said will. 6 
vol. 595 

The Commissioners to make annual re- 
turns of their management of the interest 
to the Court of Equity and to the Legis- 
lature. 6 vol. 595 



DOWN, JAMES. 
Naturalized. 5 vol. 134 



DOWNS, WHITE AND BROTHERS. 
Authorized to draw ^ lottery. 8 vol. 
451,459 



D'OYLEY'S SURETIES. 

See F. Bremar. 

Further time given. 5 vol. 660, 716 

Further indulgence granted them. 5 vol. 
734 

Further indulgence granted to them. 6 
vol. 20, 47, 81, 110, 113, 133, 151 



DOZIER, JOHN. 
Dispute between him and T. 
nell settled. 9 vol. 501 



M'Con. 



DRAINS AND WATER PASSAGES, 
Water passages to be cut through 
Hawlover. 7 vol. 475 

Creeks, cuts and water passages, here- 
tofore ordered to be opened, may be done 



198 



DUELLING. 



by the commissioners, at the equal ex- 
pense of the inhabitants and owners of 
lands and slaves already made liable to 
work. 7 vol. 497 

May contract with persons for execu- 
ting the works, and assess those made 
liable. 7 vol. 497 

Depths of the cuts and water passages. 
7 vol. 497 

Each inhabitant liable to work on any 
cut or drain, to return the number of his 
slaves liable to work, viz : — between 16 
and 60. 7 vol. 498 

Time allowed for the work. 7 vol. 498 

The Act for cutting drains in the 
north-west branches of Stono, repealed, 
and the commissioners authorized to cut 
other passages into the said river ; and 
also, in the swamp called Basford's, in 
Saint Bartholomew's. 7 vol. 506 

Drains to be kept open from upper end of 
Spoon Savannah, and that leading to Fer- 
guson's ferry. 7 vol. 513 

Cacaw swamp to be drained.. 7 vol. 
513 

Further drains through swamps of the 
north-east branch of Stono. 6 vol. 16, 
7 vol. 528 

Drains to be sunk from Long Savannah, 
Wampee Savannah, and Jack Savannah. 
7 vol. 536 

Drains in the swamps formed by 
branch of Combahee rivei. 7 vol.551 

Drains to be cut in the swamps on the 
north-east branch of Stono. 7 vol. 587 



DRAWBACK. 

See Liquors. 

Discount and drawback allowed. 2 vol. 
203 

On re-exportation. 3 vol. 166 



DROWNING CREEK. 
To be cleared. 7 vol. 539 
How to be worked on. 9 vol. 568 

DRUNKENNESS. 
Penalty for. 2 vol. 69 



DUELLING. 

Penalties for fighting a duel, or for giv- 
ing, sending or accepting a challenge, or 
being directly or indirectly concerned in 
a duel, &c. 5 vol. 671 

This Act not to be construed to save 



the offenders, in case of death, from 
the pains and penalties of the law, for 
the punishment of homicide. 5 vol. 671 

Any person concerned therein, either 
as principal or second, or as counselling, 
aiding and abetting in a duel, shall and 
may be compelled to give evidence 
against the persons actually indicted, 
without criminating himself, or subjec- 
ting or making himself liable to any pro- 
secution, penalty, forfeiture or punish- 
ment on account of his agency in such 
duel. 6 vol. 208 

Where two or more persons shall be 
charged in an indictment for fighting a 
duel, or being concerned therein, either 
of such persons may be used as a witness 
in behalf of the State, by having his 
name stricken out of the indictment, or 
otherwise, at the discretion of the Attor- 
ney General or Solicitor, of which an 
entry shall be immediately made on the 
minutes of the Court. 6 vol. 208 

In case he shall be afterwards indicted 
for the same offence, the fact of his hav- 
ing been a witness on the former pro- 
secution, may be pleaded in bar, and on 
proof thereof, he shall be acquitted. 6 vol. 
208 

From and after the passing of this Act, 
in lieu of the fine and imprisonment im- 
posed by the Act aforesaid, the following 
substituted, to wit : imprisonment not ex- 
ceeding twelve months, and a fine not ex- 
ceeding $2000. 6 vol. 515 

The clause of the said Act which pro- 
vides that any offender, convicted under 
the same, shall stand committed, until he 
or they shall severall}' give ample securi- 
ty, to be approved of by one of the asso- 
ciate Judges of this State, in the sum of 
$2000, for hia perpetual good behaviour, 
and shall forever be disqualified from 
holding any office of honor, profit or 
trust, in or under this State, or from 
practicing law, physic or divinity, within 
this State, or exercising ^y other trade, 
or profession or calling whateyer ; and 
also, so much of the said Act as gives 
one half of the fine to the informer, re- 
pealed. 6 vol. 515 



DUNLAP, R. 

Trustees of a school in Lancaster, au- 
thorised to remit to him interest due on a 
debt to them. 6 vol. 48 



DUTIES. 



199 



DUTIES. 

See Wines. Deer Skins. 

Duty laid of half a pound of powder per 
ton of the vessel. 2 vol. 42 

Pay of the receiver. 2 vol. 43 

Fine in case of false entry of tonnage. 
2 vol. 43 

Masters of vessels neglecting to pay 
the tax. 2 vol. 43 

Books to be kept. 2 vol. 43 

Money to be laid out in powder. 2 vol. 
44 

Act limited to 21 months. 2 vol. 44 

Duties on skins and furs. 2 vol. 64 

Penalty for shipping before duty paid. 
2 v(.l. 64 

Captain or master to answer upon oath. 
2 vol. 64 

Regulations of entry and shiptnent. 2 
vol. 65 

Receiver may search any vessel. 2 
vol. 65 

Receiver's compensation. 2 vol. 66 

Application of tax and penalties. 2 
vol. 67 

Any person may sue as informer. 2 
vol. 68 

Onus probandi to lie on the defendant. 
2 vol. 68 

Duty of one penny on each skin or 
fur. 2 vol. 110 

Penalty on neglect of payment. 2 vol. 
Ill 

Shipments to be entered. 2 vol. Ill 

Right of entry into vessels given to the 
receiver. 2 vol. Ill 

Receiver to qualify before a magis- 
trate. 2 vol. Ill 

Duty of the receiver. 2 vol. Ill 

Forfeitures, how to be recovered. 2 
vol. 112 

Certain Acts continued. 2 vol. 112 

The duty, how to be employed. 2 vol. 
112 

Compensation of the receiver. 2 vol. 
112 

Governor empowered to appoint a re- 
ceiver or receivers. 2 vol. 112 

This Act to continue three years. 2 
vol. 112 

Continued and expired. 2 vol. 112 

Drawback allowed on liquors. 2 vol. 
126 

Public receiver to receive all imposi- 
tions in the current money, allowing vari- 
ations for the value. 2 vol. 126 



Vessels putting in, in distress, allowed 
to land and transport all liquors, and al- 
lowed the whole drawback. 2 vol. 126 
Upon ale or beer in bottles. 2 vol. 177 
Importer to give a full account of goods 
imported, on oath, or forfeit them. 2 
vol. 177 

Permit to be taken out for exporting 
furs and skins. 2 vol. 177 

True account of skins to be given in. 
2 vol. 177 

Fines and forfeitures. 2 vol. 177 
Continued for two years. 2 vol. 178 
Repealed. Note. 2 vol. 178 
Enumeration of articles to be taxed. 2 
vol. 200 

Duty. 2 vol. 200 

Form of oath to be taken. 2 vol. 200 
Duty on skins. 2 vol. 201 
On goods and merchandize generally. 
2 vol. 201 

On negro slaves. 2 vol. 201 
Duty of masters of vessels. 2 vol. 201 
Oath to be taken by shippers. 2 vol. 
201 

Controller of entries. 2 vol. 202 
Power of receiver. 2 vol. 202 
In case of disputes. 2 vol. 202 
Forfeiture on shipping before the duty 
paid. 2 vol. 203 

Power of the controller or informer. 2 
vol. 203 

Receiver may board any vessel. 2 vol. 
203 

Domestic owners to pay half duties. 2 
vol. 203 

Discount and drawback allowed. 2 
vol. 203 

Public receiver appointed. 2 vol. 204 
Receiver dying. 2 vol. 204 
Receiver to take an oath. 2 vol. 204 
Bond. 2 vol. 204 

Appropriation of duties. 2 vol. 204 
Bond may be sued, and by whom. 2 
vol. 205 

Forfeitures, how to be recovered. 2 
vol. 205 

Act for imposing certain duties, repeal- 
ed. 2 vol. 205 

Act continued for 2 years. 2 vol. 206 
Act of May 7th, 1703, continued. 2 
vol. 247 

Duty on furs continued. 2 vol, 247 
Salaries to ministers of church of Eng- 
land. 2 vol. 247 

Monies raised by this Act to be dis- 



200 



DUTIES. 



posed of by the General Assembly. 2 
vol. 248 

Appropriation to the building of chur- 
ches. 2 vol. 248 

Receiver under penalty if applying 
these monies otherwise than as appro- 
priated. 2 vol. 248 

Duty of 20 shillings per head on slaves, 
in what cases not to be paid. 2 vol. 280 

Repealed. 

£600 to be raised by imposition on 
furs and skins, and how to be applied. 2 
vol. 296 

In case any of the churches are not 
supplied with a Rector, that part of the 
money so reserved, how to be disposed of. 
2 vol. 296 

Public receiver not to pay any salaries 
to Rectors, except such as are qualified 
and elected according to Church Act. 2 
vol. 296 

Penalty upon the commissioners for 
neglect. 2 vol. 297 

Presents under 40 shillings not to be 
entered. 2 vol. 305 

If goods imported are exported in 12 
months, a drawback on duties to be al- 
lowed. 2 vol. 305 

A receiver nominated. 2 vol. 305 

Examiners of receiver''s books. 2 vol. 
305 

Provision in case of death or absence. 
2 vol. 306 

Salary of the receiver. 2 vol. 306 

In lieu of fees and perquisites. 2 vol. 
306 

Bond to be taken in the sum of £6000, 
2 vol. 306 

Goods not to be landed till duties paid, 
or bond given. 2 vol. 306 

Former Acts imposing duties, continu- 
ed. 2 vol. 322 

Duties imposed by former Acts, con- 
tinued. 2 vol. 326 

Imposed on various articles, to defray 
public expenses. 2 vol. 649 

Specific duties. 2 vol. 649 

Goods not mentioned, 5 per cent. 2 
vol. 6.50 

Negroes imported. 2 vol. 651. 

Negroes to be entered. 2 vol. 651 

Negroes from any of the Colonies, £30. 
2 vol. 651 

Certificate required. 2 vol. 651 

Six months allowed. 2 vol. 651 



A Justice of peace may determine the 
age of a negro. 2 vol. 651 

Madeira wine to be accompanied with 
a certificate of the Consul, that it is the 
growth of Madeira. 2 vol. 651 

Contents of certificate. 2 vol. 652 

The master's oath for Madeira wines. 
2 vol. 651 

A general entry or manifest to be given 
in, upon oath, of all goods, &c. imported 
on board vessels. 2 vol. 651 

Duty on goods exported. 2 vol. 651 

Duty to be paid, before put on board or 
landed"^ 2 vol. 653 

Masters of vessels liable to pay duty 
for what is mentioned in their manifest, 
2 vol. 653 

Public receiver may sue the master of 
a vessel for the duties on all goods in his 
manifest. 2 vol. 653 

Comptroller to be appointed by House 
of Commons, and to enter into bond. 2 
vol. 654 

Master of vessel to make oath, that he 
has not landed part of the goods. 2 vol. 
654 

Waiters, guagers and searchers to be 
appointed. 2 vol. 654 

All goods to be landed between sun^ 
rising and sun-setting ; if otherwise, for- 
feited. 2 vol. 655 

No goods to be sold on board, upon for- 
feiture of the same, and £50 penalty. 2 
vol. 655 

Ten per cent to be allowed for leakage 
on liquors imported. 2 vol. 655 

Penalty for loading any goods before 
entry. 2 vol. 655 

Search warrant may be had. 2 vol. 
655 

Officers may board any vessel to make 
search. 2 vol. 655 

Duty to be repaid on goods exported 
in six months from importation, if duty 
first paid. 2 vol. 656 

Oath made to receiver on importation 
of goods. 2 vol. 656 

Public receiver to receive all duties. 
2 vol. 656 

Alexander Parris appointed receiver. 6 
vol. 656 

Persons employed in revenue service to 
take an oath. 2 vol. 657 

In case the receiver shall die. 2 vol. 
657 



DUTIES. 



201 



Every new comptroller to give bond. 2 
vol. 657 

Obligees may sue for the public use. 2 
vol. 657 

Public receiver and comptroller to give 
daily attendance. 2 vol. 658 

How forfeitures and penalties may be 
sued. 2 vol. 658 

Proof of property to lie on the claim- 
ant. 2 vol. 658 

No port charges to be paid for any 
more than two voyages in the year. 2 
vol. 658 

Proceeds of duties to be appropriated 
by the General Assembly. 2 vol. 658 

Several former Acts for imposing du- 
ties repealed. 2 vol. 659 

Duties already laid on skins, furs, &c. 
not repealed. 2 vol. 660 

This Act not to exonerate public re- 
ceiver from accountability. 2 vol. 660 

Former duties to be paid during three 
months. 2 vol. 661 

Fees of receiver and comptroller. 2 
vol. 661 

Penalty on extortion. 2 vol. 661 

Oath to be taken by custom house offi- 
cers. 2 vol. 661 

To continue 5 years. (Repealed, 1719.) 

2 vol. 661 

Additional duties on various articles. 

3 vol. 27 

Said duties to be paid, as under the 
provisions of a former Act. 3 vol. 28 

Fees of the public receiver, to be as 
heretofore. 3 vol. 28 

Accounts of monies received under 
this Act, to be kept separately. 3 vol. 
28 

Loans may be made not exceeding 
£3000 at 12 per cent interest. 3 vol. 28 

Books of entry and account to be pro. 
vided of all loans. 3 vol. 28 

All repayments of money to be made 
in due course according to their date. 3 
vol. 29 

Every three months, public notice to be 
given, what orders are paid off. 3 vol. 
29 

How monies received are to be applied. 
3 vol. 29 

Limitation of continuance. 3 vol. 30 

Duty of £30 on slaves brought into 
this Province. 3 vol. 32 

Former duty continued. 3 vol. 32 

Repealed by Lords Proprietors. 3 vol. 33 
VOL. X— 26. 



Specification of rates and duties im- 
posed by this Act. 3 vol. 56 

Goods to be valued by the invoice, at 
prime cost. 3 vol. 57 

Importer of negroes shall make entry 
of them on oath, 3 vol. 57 

Duty of £30 on negroes resident in 
any other of the Colonies during six 
months. 3 vol. 57 

Importers of slaves to produce certifi- 
cate. 3 vol. 58 

Justices of peace to settle the age of 
negro children. 3 vol. 58 

A certificate to accompany Madeira 
wine, that it is really the produce of the 
Island, and has not been adulterated. 
3 vol. 58 

Oath to that efiect. 3 vol. 58 

Masters of vessels to make a manifest, 
with marks and numbers. 3 vol. 59 

Exporters to make three entries, with 
marks and numbers. 3 vol. 59 

Duties to be paid before goods are land- 
ed or shipped. 3 vol. 59 

Masters of vessels may detain the car- 
go imported, till certificate exhibited of 
duties having been paid. 3 vol. 60 

Masters of vessels may be sued for du- 
ties unpaid. 3 vol. 60 

Comptroller to be elected by House of 
Commons, and to enter into bond. 3 vol. 
60 

Oath to be taken by the master. 3 
vol. 60 

Two waiters, guagers and searchers to 
be appointed. 3 vol. 61 

Penalty on default or neglect. 3 vol. 
61 

No goods to be unladen, except between 
sun-risinor and sun-settint£. 3 vol. 61 

No store or shop to be kept on board 
any vessel. 3 vol. 61 

Penalty. 3 vol. 61 

Allowance for leakage. 3 vol. 61 

Certain goods not to be put on board, 
till entry made. 3 vol. 62 

Search may be made for goods conceal- 
ed. 3 vol. 62 

The officers may board any vessel to 
make search, 3 vol. 62 

Drawback on re-exportation, 3 vol. 62 

Public receiver to keep fair accounts, 
and to take oath. 3 vol. 63 

Penalty on neglect to take oath. 3 vol. 
63 



202 



DUTIES. 



In case of death or departure of public 
I'eceiver. Same as to comptroller. 3 vol. 
,63 

Qbligees in the said bonds may sue for 
the use of the public. 3 vol. 64 

Public receiver and comptroller to at- 
tend 3 hours daily. 3 vol. 64 

Mode of recovering fines and forfei- 
tures, and disposal thereof 3 vol. 64 

Appropriation of monies received. 3 
vol, 65 

Enumeration of former laws hereby 
repealed. 3 vol. 65 

Receiver still remains accountable for 
monies received. 3 vol. 67 

Vessels built and owned in this Pro- 
yince freed from duties. 3 vol. 67 

Exemption of goods imported in ves- 
sels built and owned in Carolina. 3 vol. 
^7 

Oath to be taken. 3 vol. 67 

Fees of the receiver and comptroller. 
3. vol. 68 

Penalty on extortion. 3 vol, 68 

path of comptroller and waiters. 3 
yoi. 68 

Limitation of Act to 2 years. 3 vol. 
68 

Percentage allowed the receiver. 3 
vol. 68 

Repealed by Lords Proprietors. 3 vol. 
08 

Exportation of provisions prohibited, on 
account of number of troops coming on 
under Gov. Nicholson, and the duty on 
importation taken off. 3 vol. 115, 116 

See note. 3 vol. 785 

Specification of taxable articles. 3 
vol. 159 

Certain goods exempt from duties. 3 
vol. 160 

Masters of vessels to deliver in a man- 
ifest, on oath, to the comptroller. 3 vol. 
161 

Persons coming with slaves into this 
Province, shall make entry of them. 3 
vol. 161 

Duty of £30 on imported slaves from 
other Colonies. 3 vol. 161 

Comptroller may exact an oath in case 
pf new negroes imported. 3 vol. 162 

Forfeiture in case of fraud. 3 vol. 
162 

Certificate to be produced on importing 
Madeira wine. 3 vol. 162 

Also, that said vvine has not been adul- 



terated. 3 vol. 162 

Manifest to be delivered by the master, 
before he breaks bulk. 3 vol. 163 

Three entries required from an expor.. 
ter, on oath. 3 vol. 163 

AH duties to be paid before articles are 
put on board, or on shore. 3 vol. 163 

Master of a vessel may detain goods, 
&;c. to secure the duties. 3 vol. 164 

Comptroller to give bond in £1000. 3 
vol. 164 

Masters of vessels to make oath that 
they have not privately landed any goods, 
3 vol. 164 

Public waiters, guagers and searchers 
to be appointed, 3 vol. 165 

No goods to be unladen but in the day 
time. 3 vol. 165 

No goods to be sold on board a vessel. 
3 vol. 165 

Ten per cent allowed for leakage. 3 
vol. 165 

No skins or furs to be put on board be- 
fore entry made. 3 vol. 165 

Search warrant may be granted, if ap, 
plied forVithin three months. 3 vol. 166 

Officers may board any vessel and 
break open locks, if need be. 3 vol. 166 

Penalty for resistance. 3 vol. 166 

Drawback on re-export. 3 vol. 166 

The treasurer to be public receiver, 3 
vol. 166 

Mode of recovering fines and forfei- 
tures. 3 vol. 168 

Onus proba7idi to lie upon the claimant. 
3 vol. 168 

Vessels making more than two trips in 
a year. 3 vol. 168 

Money received under this Act, to be 
applied to public debts. 3 vol. 168 

Fees of treasurer and comptroller. 3 
vol. 168 

Oath to be taken b}" comptroller and 
waiters. 3 vol. 168 

Compensation of treasurer. 3 vol. 169 

Former Acts repealed, and how far. 3 
vol. 169 

Inhabitants owning home-built vessels 
and trading therewith, to pay only half 
duties. 3 vol, 169 

Owners living out of the Province to 
pay three quarters duty, 3 vol. 170 

To continue for 2 years. 3 vol. 170 

Repealed. 

Enumeration of duties on imports. 3 
vol. 194 



DUTIES. 



203 



Goods re-shipped for exportation, liable 
to duties. 3 vol. 195 

Duties on exported goods. 3 vol. 195 
Masters of vessels to deliver in a mani- 
fest, on oath. 3 vol. 195 

Duties on imported negroes. 3 vol. 
195 

To be certified as new negroeSj on 
oath. 3 vol. 195, 196 

Duty on imported Spanish negroes, 
mulattoes and Indians. 3 vol. 196 

Madeira wines to be certified pure. 
Form of oath. 3 vol. 196 

Manifest to be exhibited to comptroller, 
and filed. 3 vol. 197 

Certificate of payment of duties. 3 
vol. 197 

In case of exported goods, three entries 
to be made of marks, numbers and con« 
tents. 3 vol. 197 

Permit made necessary to enable a 
vessel to depart. 3 vol. 197 

Duties to be paid before goods are land- 
ed or shipped. 3 vol. 197 

Transient factors to find security. 3 
vol. 197 

Persons making entry to be liable for 
duties. 3 vol. 198 

A permit to be granted on payment of 
duties. 3 vol. 198 

Comptroller to give bond for due per- 
formance of his duties. 3 vol. 198 

Oath to be taken by the master of the 
vessel. 3 vol. 198 

Penalty on transgression. 3 vol. 198 

Waiters to be appointed. 3 vol. 199 

No vessel to be unloaded but in the day 
time. No store to be kept on board a 
vessel, except for salt, turtle, and corn, 
3 vol. 199 

Ten per cent wastage to be allowed. 
3 vol. 199 

Skins, &c. put on board without duty 
paid, to be forfeited. 3 vol. 199 

Search warrant may be granted. 3 
vol. 200 

Power of the waiters. Penalty on re. 
sistance. 3 vol. 199 

Negroes landed and re-shipped within 
six months. 3 vol. 199 

Duty of treasurer and receiver. 3 vol. 
199 

Form of oath to be taken. 3 vol. 201 

Case of Treasurer dving or absenting. 
3 vol. 201 



Comptroller to give bond in £1000. 3 
vol; 201 

Attendance tb be given by treasurer 
and comptroller. 8 vol. 201 

Finesj how to be recovered. 3 vol. 
202 

0)ms probandi, on the claimant of 
property. 3 vol. 202 

No duty payable for more than twc< 
voyages in twelve months. 3 vol. 202 

Appropriation of duties. 3 vol. 202 

Fees for duties performed under this 
Act. 3 vol. 202 

Oath to be taken by comptroller and 
waiters. 3 vol. 202 

Compensation to treasurer. 3 vol. 203 

Certain former Acts referred to. 3 
vol. 203 

Negroes, liquors, &;c. may be seized by 
treasurer, for duties payable. 3 vol. 203 

Replevin shall not lie for goods so seiz- 
ed. 3 vol. 203 

How penalties may be recovered. 3 
vol. 203 

8,000 pounds currency, appropriated 
to the inhabitants of Georgia. To be 
raised by a tax of 3d per gallon on im- 
ported rum. 3 vol. 363 

To be levied and paid to the treasurer. 
3 vol. 363 

Collected as heretofore. 3 vol. 363 

To be paid to J. Oglethorpe or order." 
3 vol. 363 

Said duty to be applied also to finfsh-" 
ing r5t. Philip's church, in Charlestow. 3 
vol. 364 

Laid in 1739, and Regulations. 3 vol. 
562 

Imposed in year 1745. 3 vol. 653 

On slaves and other importations for 
1757. 3 vol. 739 

On goods of transient persoris. 4 vol. 
74 

On wine, rum, biscuit ati'd f!our. 4' 
vol. 150 

Additional duty 
whom to be paid. 

Limitation three years 

Certain duties repealed 



and by 



on negroes 
4 vol. 187 

4 vol. 1S8 
4 vol. 309 



On molasses, repealed. 4' vol. 318 

On foreign goods, authorized to be 
levied by Congress, (1782.) 4 vol. 512 

Congress to appoint collectors for the 
State. 4 vol. 512 

Proviso. 4 vol. 512 



204 



DUTIES. 



Revenue to be applied to the discharge 
of U. States debts. 4 vol. 512 

Act to be in force until the debts are 
discharged. 4 vol. 512 

This Act not to take effect until a sim- 
ilar law is enacted by the other States. 
4 vol. 513 

Power given to Congress to levy du- 
ties, repealed, (1783.) 4 vol. 560 

Duty on liquors imported. 4 vol. 566 

Duty on playing cards. 4 vol. 566 

A former Act revived. 4 vol. 566 

Repealed. 4 vol. 570 

Certain duties, recommended by Con- 
gress, imposed. 4 vol. 570 

How to be collected and appropriated. 
4 vol. 570 

Part of a former Act repealed. 4 vol. 
570 

Duty on negroes. 4 vol. 577 

Waiter's fees for measuring slaves. 4 
vol. 577 

Penalty for neglecting to pay duty pre- 
vious to landing negroes. 4 vol. 577 

Duties on liquors, wines, &c. 4 vol. 
578 

Importers to render manifests. 4 vol. 
578 

Duties to be paid, or secured to be paid, 
before any goods shall be landed. 4 vol. 
579 

Exception. 4 vol, .579 

Masters of vessels, &c. to make oath, 
that no goods, &c. have been landed with 
their privity. 4 vol. 579 

Goods, &c. landed before a permit is 
obtained, to be forfeited. 4 vol. 579 

Negroes, 6i,c. to be landed in the day 
time. 4 vol. 579 

No goods to be sold on board of vessels. 
4 vol. 580 

Ten per cent allowed for leakage or 
wastage. 4 vol. 580 

Search may be made in the day time 
for goods concealed. 4 vol. 580 

Receivers of the duties, &c. imposed 
by this Act. 4 vol. 580 

Fines, penalties and forfeitures, how 
to be recovered and appropriated. 4 vol. 
581 

Goods seized, burthen of the proof to 
lie on the claimer. 4 vol. 581 

One moiety to the State, the other to 
the informer. 4 vol. 581 

A duty of two and a half per cent on 
the value of the goods. 4 vol. 581 



How the money is to be appropriated. 

4 vol. 581 

No replevin to lie for delivery of goods 
seized. 4 vol. 581 

Persons may plead the general issue by 
virtue of this Act. 4 vol. 581 

Ordinance of 17th March, repealed. 
4 vol. 582 

Repealed by Act of 1784. 4 vol. 607 

Congress empowered to levy within this 
State the following duties upon goods 
imported, (1784.) 4 vol. 594 

Proviso as to trials, &c. 4 vol. 594 

Qualifications and duty of collectors. 4 
vol. 595 

Proviso as to the application of such 
duties. 4 vol. 595 

This Act to be in force when all the 
other States have passed a similar Act. 4 
vol. 595 

Proviso, as to the continuance and ex- 
tent of the power. 4 vol. 595 

Transient persons to make entry, on 
oath, of all goods for sale. 4 vol. 603 

Duty of 2 per cent, to be levied in ad- 
dition to the imposts. 4 vol. 603 

Said duty to be paid at any port in this 
State. 4 vol. 603 

Penalty on neglect of making entry. 4 
vol. 603 

Proviso. 4 vol. 603 

Persons may plead the general issue. 4 
vol. 604 

Duty on negroes. 4 vol. 608 

Duty to be paid before negroes are land- 
ed. 4 vol. 609 

Proviso. 4 vol. 609 

Entry to be made of all negroes im- 
ported. 4 vol. 609 

Duties on wines, liquors, &c. 4 vol. 
609 

Domestic goods exempt from duties. 4 
vol.610 

Importers to render manifests. 4 vol. 
610 

Penalty for neglect. 4 vol. 610 

Collector to issue passes. 4 vol. 610 

Duties to be paid before the goods are 
landed. 4 vol. 610 

Exception. 4 vol. 610 

Security being given not to land goods, 
vessel may remain 2 months, and depart 
for another port. 4 vol. 611 

Vessels putting in, in distress. 4 vol. 
611 

Persons desiring forbearance of duty, 



DUTIES. 



205 



on giving security, may be indulged. 4 
vol.611 

Proviso. 4 vol. 611 

Masters of vessels, &c. to take an oath 
that no goods have been landed with 
their privity. 4 vol. 611 

Penalty. 4 vol. 611 

Negroes, &c. to be landed in the day» 
time. 4 vol. 612 

No goods to be sold on board vessel, 
without a permit. 4 vol. 612 

Ten per cent, allowed lor leakage or 
wastage. 4 vol. 612 

Search may be made for goods conceal- 
ed. 4 vol. 612 

Receivers of the duties imposed by this 
Act. 4 vol. 613 

Fines, &;c. how to be recovered and 
appropriated. 4 vol. 613 

Goods seized and claimed. 4 vol. 613 

Informer to receive one half of the sei- 
zure. 4 vol. 613 

Duty of 2j per cent on goods not here- 
in enumerated. 4 vol. 613 

Appropriation of monies arising from 
duties. 4 vol. 614 

No replevin to lie for delivery of goods 
seized. 4 vol. 614 

Persons sued may plead the general is- 
sue. 4 vol. 614 

Certain negroes allowed to be brought 
back into the State. 4 vol. 614 

Limitation of this Act. 4 vol, 614 

A former Act. 4 vol. 576 

Repealed. 4 vol. 576 

Duties paid on goods from other States 
to be refunded. 4 vol. 648 

Treasurers to deliver up securities for 
goods reshipped. 4 vol. 648 

Rate of, on wines, liquors, goods, mer- 
chandise, negroes, «kc. 5 vol. 8 

No duties on goods of the growth, pro- 
duce or manufacture of the United States. 
5 vol. 8 

Three per cent on all other goods. 5 
vol. 8 

Value, how to be ascertained. 5 vol. 8 

Goods entitled to debenture. 5 vol. 8 

Bond to be given for goods to be re- 
shipped. 5 vol. 8 ^ 

Goods seized, to be forfeited. 5 vol. 8 

Payment of the transient duty. 5 vol.8 
' Not demanded of the subject of any coun- 
try in commercial alliance with the United 
States. 5 vol. 8 



Oath to be taken by importers. 5 
vol. 8 

No entry to be made by Vendue Mas- 
ters. 5 vol. 10 

Duty on goods sold at auction. 5 vol. 
10 

Duties under £10 to be paid before 
goods are landed. 5 vol. 10 

Days appointed for the sale of goods at 
vendue. 5 vol. 10 

Oath to be taken by Vendue Masters. 
5 vol. 10 

Commissioners of the Treasury to keep 
an account of duties imposed by this Act. 
5 vol. 11 

Clauses of former Acts repealed. 5 
vol. 11 

French vessels exempted from infirma- 
ry duties. 5 vol. 40 

An Act for the entry of vessels, passed 
8th October, 1798, repealed. 5 vol. 45 

Duties on lands and negroes sold at 
auction, repealed. 5 vol. 81, 82 

City Council of Charleston authorized 
to lay a duty on tonnage. 5 vol. 480 



DUTY ON SLAVES. 
Imposed, to discourage their importa- 
tion. 7 vol. 367 

Additional duties. 7 vol. 370 

DUTY OF MARSHAL. 
Writs to be returned in two days after 
service, by the marshal, under penalty. 3 
vol. 119 



DWIGHT, FRANCIS MARION. 
To take the name of Francis Marion. 5 
vol. 348 



EARLY, E. 

Exclusive right to run a line of stages, 
8 vol. 321. 

EAST BAY. 

Street, to be continued to Ashley river. 
Assessments, how to be made and collec- 
ted. 7 vol. 103 

Commissioners indemnified, and 28th 
clause of the road Act of 1785, repealed 
7 vol. 104 

New assessment allowed. 7 vol. 104 
105 ' 

Part of Road Act above mentioned re- 
pealed. 7 vol. 104, 105 



206 



ELECTIONS. 



To be completed. 7 vol. 109 

Assessment, how to be collected. Vol- 
untary subscriptions. 109, ilO 

Certain lands on, to be appraised and 
sold. 7 vol. Ill 

Robert Lindsay, William Turpin, and 
estate of James Summers, allowed to as- 
sess their damages, (in extending East 
Bay street,) by jury. 7 vol. 112 

City court to dispose of lands laid oti' 
for continuation of. 7 vol. 113 

To be extended over lands of Robert 
Roper, the council paying the value as- 
sessed. 7 vol. 116 

How to be paid. 7 vol. 117 

Former Acts repealed. 7 vol. 105 

EBENEZER ACADEMY. 
Certain escheated property in York 
vested in the trustees thereof 6 vol. 247 

ECCLES, ROBERT. 
The title and interest of the State in a 
certain tract of land, vested in him. 6 vol. 
210 



ECHAW BAPTIST CHURCH. 
See Church. 

ECHAW CHURCH. 
See Church. Established Church. 



ECHAW CREEK. 
Ferry over. 9 vol. 11 



EDGEFIELD. 

County created in 1785. 4 vol. 661 

The Sheriff of Edgefield, hereafter to 

advertise his sales in one or more of the 

public gazettes of that district. 6 vol. 

263 



EDGEFIELD VILLAGE. 
Incorporated, and limits stated. 6 vol. 

416 

Intendant and Wardens to be elected 
2nd Monday in September annually. To 
be freeholders. 6 vol. 416 

Election of Intendant and Wardens, 
and who voters. 6 vol. 416 

Oath. 6 vol. 416 

The Town Council to have the exclu- 
sive privilege of granting licenses for re- 
tailing spirituous liquors within the limits 
of the village, and the money collected to 



be paid to the Commissioners of Roads. 6 
vol. 537 

EDGEFIELD VILLAGE ACADEMY. 
Incorporated, and all escheated pro-^ 
perty, not otherwise disposed of, in Edge- 
field, vested in the Trustees of this Aca- 
demy and that of the Society Academy, 
the sum not to exceed ^10,000. 6 vol. 247 



EDISTO ISLAND. 
Roads on. 9 vol. 10, 32 



EDISTO RIVER. 

An Act for clearing and improving the 
navigation. 5 vol, 7 

David Campbell allowed to erect a 
dam across, on certain conditions. 5 vol. 
354 

Mode of proceeding, in case it is injuri- 
ous to any one. 5 vol. 354 

And its branches, to be made navigable. 
7 vol. 519 

And its north fork, to be cleared. 7 vol. 
532, 533, 538 

No obstructions to be in the way of 
rafts. 7 vol. 538, 539 



EJECTMENT. 

See Tresspass to try Title. 

Plaintift'in ejectment may bring a se- 
cond action after non-suit, discontinuance, 
verdict, judgment, or other letting fall 
the first action. Second action must be 
brought within two years. Second termi- 
nation conclusive, and defendant's titles 
settled and established against such plain- 
tiff. 3 vol. 612 

Persons beyond seas allowed 4 years ; 
Feme coverts, 2 years after discoverture, 
and minors 2 years after coming of age. 
3 vol. 613 

4th paragraph of former Act, repealed, 
vol. 513 



EKELSALE, MARY. 
Allowed to bring certain slaves into 
the State from the Bahamas. 5 vol. 507 



^^ ELECTIONS. 

See General Asse?>iMi/. 



Legislatwe. 
Militia. Sher- 



Managers of Elections 
if 

For members from St. John's Colleton, 
see Sit. John's Colletoii. 



ELECTIONS. 



207 



For members of Congress, see Con- 
gress. United States. 

For electors of President and Vice 
President of United States, see Elec- 
tors. 

. Resolutions as to the right to vote. 1 
vol. 198 

Directions to managers of elections. 1 
vol. 199 

Election of members. 2 vol. 130 

Qualification of voters. 2 vol. 249 

Oath to be tendered to voters. 2 vol, 
249 

Penalty on sheriff making false return. 
2 vol. 249 

Sheriffs to attend the Assembly. 2 vol. 
249 

Penalty for undue declaration. 2 vol. 
250 

Voters in the next county. 2 vol. 250 

Sheriff to publish his precept. 2 vol. 
250 

Elections to be in a public place. 2 
vol. 250 

To continue two days. 2 vol. 250 

Votes, how to be taken. 2 vol. 250 

No Proprietor to vote. 2 vol. 251 

Former Act repealed. 2 vol. 251 

For members of House of Commons, 
how conducted. 2 vol. 683 

To continue but two days. 2 vol. 684 

Church-wardens to be managers for 
each parish. 2 vol. 684 

How to receive votes and conduct the 
election. 2 vol. G84 

Electors ''s names to be enrolled, to pre- 
vent persons from voting twice. 2 vol. 
684 

If two or more papers with persons's 
names written thereon, be found rolled 
together, or more persons's names be found 
written on any paper than ought to be 
voted for, all such papers shall be invalid 
and of no effect. 2 vol. 684 

Those who have the majority after so 
counting the votes, declared elected. 2 
vol. 684 

Notice to be given within 7 days, to 
persons elected. 2 vol. 684 

Charlestown to elect four members. 2 
vol. 684 

Number of members for each of the 
parishes. 2 vol. 685 

Parishes of St. Thomas and St. Den- 
nis to send three members to Assembly. 
2 vol. 685 



St, Paul to have four, St. Bartholomew 
three members. 2 vol. 685 

St. Helena, three members. 2 vol. 686 

St. James, one member. 2 vol. 686 

St. Bartholomew and St. Helena, their 
.settlements being deserted on account 
of Indians,' whom they may choose. 2 
vol. 686 

Case of deserted parishes. 2 vol. 686 

When settled, to be managed like the 
rest. 2 vol. 686 

Bounds of the several parishes to be 
surveyed. 2 vol. 687 

Penalty of surveyor's neglect. 2 vol. 
687 

Writs to be 40 days before the session. 
2 vol. 687 

Members to meet at a day appointed 
by Governor and Council, 2 vol. 687 

Public notice of elections to be given. 
2 vol. 687 

Substitutes for church-wardens may be 
chosen to manage elections. 2 vol. 687 

Penalty for neglecting to serve writs. 
2 vol. 687 

Members dying or removing, new writs 
to issue. 2 vol. 688 

Members chosen under this Act to have 
like power with former ones. 2 vol. 688 

Qualifications of voters for members 
of Assembly. 2 vol. 688 

Qualification of members. 2 vol, 688 

Penalty on admitting unqualified votes, 
2 vol. 689 

Managers of elections to attend the 
Commons House for two days. 2 vol. 
689 

Penalty for neglect. 2 vol. 689 

Penalty on those who violate the free- 
dom of election, 2 vol, 689 

Fine to go to the use of the poor. 2 
vol. 689 
■ Member, in such case, to be rendered 
incapable of sitting as a member, 2 vol, 
690 

Voters for members to be free from 
writs against them, 2 vol. 690 

Penalty, 2 vol, 690 

Penalty on justices of peace neglecting 
their duty. 2 vol. 690 

Sixteen members to make a House. 2 
vol. 690 

If no more than 7 members appear, 
Governor may adjourn the House. 2 vol. 
690 



203 



ELECTIONS. 



Members to qualify as usual. 2 vol. 691 

Mode of recovering penalties and for- 
feitures. 2 vol. 691 

All former Acts repealed. 2 vol. 691 

Proviso. 2 vol. 691 

Repealed, 1718. 3 vol. 50. 1721, 3 vol. 
135 

Qualifications of voters for members of 
Assembly. 3 vol. 3 

No servant, apprentice, or seafaring 
transient man, to vote. 3 vol. 3 

Qualification of a representative. 3 

vol. 3 

Half the fines to the public receiver, 
and half to informer. 3 vol. 4 
Repealed. 7 vol. 55 
Writs of election to be issued by the 
Governor and Council. 3 vol. 50 

Public notice to be given. Penalty on 
neglect. Qualification of voters. 3 vol. 50 
Mode of voting. Elections not to con- 
tinue beyond two days, from 7 to 7 
o'clock. 3 vol. 51 

Notice to be given to persons elected. 
3 vol. 51 

Places of election. 3 vol. 51 
Illegal votes knowingly taken. 3 vol. 53 
Managers of elections to attend the 
House. 3 vol. 53 

OtTenders against freedom of election. 
3 vol. 53 

No civil process to be served on a voter 
eundo manendo redeundo. 3 vol. 54 

Penalty on jiistices of peace for neglect 
of duty under this Act. 3 vol. 54 

Disposal of fines and forfeitures. 3 vol. 
55. 

Former Acts repealed, except that of 
20th June, 1694. 3 vol. 55. 

Repealed by Lords Proprietors, but still 
declared to be of force by the Assembly, 
12th February, 1719-20, section 4. 3 
vol. 68 

Members of Assembly to be chosen af- 
ter the manner and at the places appoint- 
ed by this Act. 3 vol. 135 

Writs for electing members of Assem- 
bly, when to be issued, to whom directed, 
and how executed. 3 vol. 135 

Qualifications of electors. 3 vol. 136 
Manner of voting. How elections to 
be managed. 3 vol. 136 

Notice to be given to persons elected. 
3 vol. 136 

Number of Representatives to be cho- 
sen. 3 vol. 137 



Qualifications of the elected. 3 vol. 137 

Qualification oath. In case of death or 
refusal, a new writ to be issued. 3 vol. 137 

Penalty for mismanagement at elec- 
tions. 3 vol. 138 

Managers of elections to attend the 
Commons House the two first days of 
their sitting. 3 vol. 138 

Persons guilty of illegal practices at the 
elections, such as menaces, threats, bribe- 
ry, (Sec, how to be punished. 3 vol. 138 

No person qualified to vote, shall be ar- 
rested on his journey to or return from the 
place of such election. 3 vol. 139 

Penalty on any justice of the peace, 
refusing or neglecting his duty. 3 vol. 139 

Fmes and forfeitures, how to be disposed 
of and recovered. 3 vol. 140 

All former Acts concerning the electing 
of members of Assembly, repealed. 3 vol. 
140 

This Act repeals No. 227, 365, 373, 
394. See note. 3 vol. 785 

Qualification of voters. 3 vol. 657 

Qualification of persons elected. Their 
oath. 3 vol.657 

No ofiicer of the public, holding a place 
of profit, shall sit as member of Assembly. 
3 vol. 657 

Sessions of the Legislature to be yearly. 

3 vol. 657 

Repeal of certain clauses of the Act of 
September 21, 1721. 3 vol. 658 

Qualifications of voters. 4 vol. 99 

Afi elector may be sworn to his qualifi- 
cations at the ballot. 4 vol. 99 

Qualifications of a Representative. 4 
vol. 99 

His oath. 4 vol. 100 

Oath may be administered by justices 
of the peace. 4 vol. 100 

Church wardens, or overseers of elec- 
tion, to attend election, and make return 
within ten days, to the master in chance- 
ry, and attend the two first days of the 
meeting of the Assembly. 4 vol. 100 

Penalty on neglect or refusal to per- 
form the duties or make due returns. 4 
vol. 100 

Penalty, fifty pounds proclamation mo- 
ney, to be recovered by qui tarn action. 

4 vol. 101 

Parts of a former Act repealed. 4 vol. 
101 

Other Acts repealed on the same sub- 
ject. 4 vol. 101 



ELECTIONS. 



209 



Part of former election Act repealed, 
4 vol. 356 

Qualifications of members of Assembly, 
(1776.) 4 vol. 356 

Their oath. 4 vol. 356 

Elections in the parish of St. David. 4 
vol. 357 

Members of General Assembly to take 
the oath of fidelity, (1776.) 4 vol. 357 

Oath of fidelity may be administered 
to electors. 4 vol. 357 

Parochial and district committees to be 
chosen at the same time with members. 
4 vol.357 

Pardoned persons eligible to vote or be 
elected to General Assembly, (1782.J 4 
vol.511 

Persons entitled to vote and hold office 
on certain conditions. 4 vol. 511 

Pardoned persons entitled to vote, on 
complying with the conditions of the 
proclamation. 4 vol. 511 

Such persons to produce a certificate 
before voting. 4 vol. 511 

On an election by the Legislature for 
Attorney General, Solicitors, Tax Collec- 
tors, Ordinaries, Clerks of Courts, Regis- 
ters, Master and Commissioners in Equi- 
ty, Commissioners of Location, and Re- 
gisters of Mesne Conveyances, a majority 
of all the votes given on such joint ballot, 
shall be necessary to constitute an elec- 
tion. 5 vol. 674 

If any person shall, directly or indirect- 
ly offer, give or engage to pay any sum 
of money or other valuable consideration 
to another, to induce him to procure for 
him, by his interest, influence, or any 
other means whatsoever, any office or 
place of trust within this State, or shall 
offer, give, promise or bestow any reward 
by meat, drink or otherwise, for that pur- 
pose, and be thereof convicted, he shall 
forfeit the sum of not less than one, nor 
more than five hundred dollars, and suffer 
imprisonment not exceeding six months. 
6 vol. 244 

If any person shall receive of another 
any sum of money, or reward of meat, 
drmk or other valuable consideration, for 
procuring^ or assisting to procure, any 
office or place of trust in this State, for 
any other person whatever, and be there- 
of convicted, he shall forfeit the sum of 
not more than one hundred dollars, and 
suffer imprisonment, at the discretion of 
VOL. X— 27. 



the court ; and if such offender be in any 
office, he shall be disabled from holding 
the same. 6 vol. 244 

If either of the parties offending as 
aforesaid, shall give information, upon 
oath, against the other offending party, 
and shall duly prosecute such information, 
such informer shall be free from the pen- 
alties. 6 vol. 244 

If any person shall, at any of the elec- 
tions herein mentioned, threaten, mal- 
treat or abuse any voter, with a view to 
controul or intimidate him in the free ex- 
ercise of his right of suffrage, such oifend- 
er shall suffer fine and imprisonment, at 
the discretion of the court. 6 vol. 244 

All offences against this Act shall be 
tried before the court of sessions, and the 
pecuniary penalties shall go, one-third to 
the informer, and the remainder to the 
State. 6 vol. 244 

The managers of elections for members 
of Congress, of the Legislature, Sheriffs, 
Clerks, and all other district officers ; and 
also, for Intendant and Wardens of the 
City of Charleston ; and also, the officers 
of all incorporated towns in the State, 
shall have the authority to administer 
oaths, and examine witnesses, in all mat- 
ters concerning the duties of their appoint- 
ment ; and to maintain regularity and order 
at their respective polls ; and if any per- 
son shall refuse to obey the lawful con>- 
mands of the managers, while in the exe- 
cution of their duties, or by disorderly 
conduct in their presence or hearing, shall 
disturb their proceedings, they may, by 
an order in writing, ""^mmit the person so 
offending to the common gaol of the dis.- 
trict, during the day of election on which 
such disturbance is committed ; and such 
order shall be executed by the sheriff or 
anv constable to whom the same shall be 
delivered ; or if none be present, by any 
other person deputed by the managers in 
writing ; and the sheriff, constable, or 
other person executing such order, shall 
be entitled to the same fees as for other 
arrests, to be defrayed by the party so 
offending, before bis discharge, unless he 
shall make oath of his inability to pay the 
same. 6 vol. 442 

It shall be the duty of the managers, 
in holding an election in the parishes of 
Saint Philip's and Saint Michael's, to set 
down, in writing, the particular place of 



210 



ELECTIONS. 



residence, as well as the name, of every 
voter, and also to designate that the oath 
was taken, in case such voter was sworn 
to his qualification. 6 vol. 442 

If any person offering to vote shall be 
challenged as unqualitied, by a manager, 
or by any other person entitled to vote, 
the managers shall declare to the person 
so challenged, the qualifications of a vo- 
ter ; and if he shall state himself to be 
duly qualified, and the challenge not be 
withdrawn, the managers, except for the 
election of Intendant and Wardens of the 
City of Charleston, and also of the offi- 
cers of all incorporated towns or villages 
within this State, shall tiien tender to him 
the following oath, if he be a person 
claiming to be qualified by residence : — 
*' You do swear, or affirm, that you are a 
citizen of this State, of the age of twenty- 
one years, and have resided therein two 
years previous to this election ; that you 
are now a resident of this district, or pa- 
rish, and have been a resident therein for 
the last six months ; that you are nut a 
pauper, soldier or non-commissioned offi- 
cer of the Army of the United States ; 
and that you have not voted at this elec- 
tion." If the person offering to vote does 
not claim to be qualified by residence, 
the managers shall tender to him the fol- 
lowing oath: — "You do swear that you 
are a citizen of this State, of the age of 
twenty-one years, and have resided there- 
in two years previous to this election ; that 
you have a freehold of fifty acres of land, 
or a town lot, in this district or parish, 
and that you have been legally seized and 
possessed of the same for the last six 
months; and that you are not a pauper, 
non-commissioned officer or soldier of the 
Army of the United States ; and that you 
have" not voted at this election." 6 vol. 

443 , , 

If any person shall refuse to take the 
oath so tendered, or if the managers shall 
otherwise be satisfied that he is not quali- 
fied, his vote shall be rejected. vol. 

443 , 

In all indictments for perjury, or sub- 
ornation of perjury, an oath taken be- 
fore the managers of any election ordered 
by law, or by joint resolution of both 
branches of the Legislature, in the due 
execution of their duties, shall be equi- 
valent to an oath taken in a judicial pro- 



ceeding ; and any person convicted of 
perjury, or subornation of perjury, as- 
signed in taking, or in procuring any 
person to take, a false oath before the 
managers of elections, shall suffer the 
pains and penalties prescribed by law for 
such ofiences. 6 vol. 443 

The elections for a member of Con- 
gress, or members of the Legislature, 
Sheriff, clerks, and all other district offi- 
cers to be elected by the people within 
the parishes of Saint Philip's and Saint 
MichaePs, shall, in future, be held at five 
different places, one of which shall be in 
each of the four wards of the city of 
Charleston, and the fifth on Charleston 
Neck ; and the residents in the same shall 
be authorized and required to vote in that 
ward, or on the Neck, in which they re- 
spectively reside, and no where else with- 
in the said parishes. G vol. 443 

The managers of elections for Saint 
Philip's and Saint MichaePs, shall be au- 
thorized to employ two constables for each 
of the several polls, who shall each re- 
ceive for their services the sum of $1 per 
day. 6 vol. 443 . 

If any person shall, directly or indi- 
rectly, offer, give or engage to pay any 
sum of money or valuable consideration, 
I to any other, to induce such other person 
I to procure for him, or for any other per- 
son, by his vote, interest, influence, or any 
other means whatsoever, any office of 
honor, profit or trust within this State, or 
shall offer, give, promise or bestow any 
reward, bv meat, drink, money or other- 
wise, for the aforesaid purpose, and be 
thereof convicted, he slmll forfeit the 
sum of not less than one hundred dollars 
nor more than five hundred dollars, and 
suffer imprisonment for a term not ex- 
ceeding six months. 6 vol. 443 

If any person shall accept or receive, 
directly' or indirectly, of another, any 
money or reward of meat, drink or other 
valuable consideration, for procuring, or 
aHsisting to procure, by his vote, interest 
or influence, anv office of honor, profit or 
trust within ihis"^ State, for any other per- 
son whomsoever, and be thereof convict- 
ed, he sliall forfeit the sum of not more 
than one hundred dollars, and suflcr im- 
prisonment, at the discretion of the court 
having cognizance of the same; and it 
such offender be in any office, he shall, 



ELECTIONS. 



211 



on such conviction, be disabled from hold- 
ing the same. 6 vol. 443 

If either of the parties offending, as 
aforesaid, shall give information, by oath, 
against the other offending party, and 
i^hall duly prosecute such offender, such 
informer shall be free from the penalties 
aforesaid. 6 vol. 443 

All offences under this Act shall be 
heard, tried and determined before the 
court of sessions and general gaol delive- 
ry, in the district in which such offence 
is committed, and the pecuniary penalties 
accruing thereby, sliall go one half to the 
informer, and the other half to the com- 
missioners of public buildings for the dis- 
trict where the oHence is committed ; and 
such informer shall be a comptent witness, 
notwithstanding his interest in the event 
of the prosecution. 6 vol. 443 

If any person shall, at any election 
whatever, mal-treat, assault, threaten, beat 
or abuse any voter, with a view to intimi- 
date or controul him in the free exercise 
of his right of suffrage, such offender, on 
conviction, shall suffer fine and imprison. 
ment, at the discretion of the court. 6 vol. 
443 

If any person shall forcibly interrupt 
any election pending under any law of 
this State, or sliall invalidate or prevent, 
or attempt to invalidate or prevent, any 
such election, by breaking up, or remov- 
ing, or seizing upon, the ballot box or box- 
es, or shall by any means preventer deter 
any voter or voters from putting his or 
their ballot or ballots into the boxes, or 
shall change or destroy the ballots which 
have been duly put therein, any person 
offending in any of the cases aforesaid, 
shall forfeit the sum of not less than fifty 
dollars nor more than two hundred dollars, 
and shall suffer imprisonment for a term 
not exceeding three months. 6 vol. 443 

For intendanl and wardens in Charles- 
ton. 7 vol. 125 

In case of vacancy. 7 vol. 125 

Qualification. 7 vol. 125 

Qualification of voters. 7 vol. 12.5, 138 

Names of voters to be registered. 7 
vol. 139 

List to be made out. 7 vol. 139 

Persons swearing falsely, how punished. 
7 vol. 139 

How intendant and wardens to be elect- 
ed. 7 vol. 139 



Registry law explained. 7 vol. 142 
Managers to read that part of the Con- 
stitution which relates to qualification of 
voters, and administer the oath. 7 vol. 
14-2 

ELECTORS. 

See Elections. 



ELECTORS FOR PRESIDENT AND 
VICE PRESIDENT OF THE UNI- 
TED STATES. 

How and when electors for President 
shall be appointed. 5 vol. 86 
Oath. 5 vol. 86 

Electors for President and Vice Presi- 
dent appointed by ballot on the Tuesday 
preceding the first Wednesday in Decem- 
ber, in every fourth year, at Columbia, 
by the Legislature which shall be then 
existing, or bv such as attend as members 
that day. 5 vol. 202 

Oath of electors. 5 vol. 203 



ELECTIVE FRANCHISE. 
The fourth section of the first article 
of the constitution of this State, altered 
and amended so as to read as follows : — 
"Every free white man, of the age of 
twenty-one, paupers and non-commission- 
ed officers and private soldiers of the Ar- 
my of the United States excepted, being 
a citizen of this State, and having resided 
therein two years previous to the day of 
election, and who hath a freehold of fifty 
acres of land, or a town lot, of which he 
hath been legally seized and possessed at 
least six montlis before such election, or not 
[laving such freehold or town lot, hath 
been a resident in the election district in 
which he offers to give his vote, six 
months before the said election, shall have 
a right to vote for a member or members 
to serve in either branch of the Legisla- 
ture, for the election district in which he 
holds such property or is so resident." 6 
vol. 640 

ELLERY STREET. 
Council authorized to close and discon- 
tinue. 7 vol. 161 

ELLIOTT, STEPHEN. 
President of the Bank of the State, al- 
lowed to leave the State for a limited time. 
6 vol. 100 



212 



ENGLISH STATUTES MADE OF FORCE. 



t 



ELLIS, WILLIAM WASHINGTON 
BRAY. 
His name changed to William Wash- 
ingtoa Ellis. 5 vol. 702 

Rendered capable of taking by descent, 
dec, from his parents, as if born in wed- 
lock. 5 vol. 702 



EMANCIPATION. 

See Manunussion. 



and 



EMBARGO. 
To be laid. 3 vol. 455 
To prohibit exportation of arms 
provisions. 3 vol. 455 

Governor may impress vessels, &c. for 
public service. 3 vol. 456 

General issue may be pleaded, and this 
Act given in evidence. 3 vol. 456 

Governor may lay an embargo, by pro- 
clamation, (1778.) 4 vol. 448 

General embargo laid, (1779.) 4 vol. 
463 

Articles not to be exported. 4 vol. 480 
Penalty and mode of trial. 4 vol. 480 
Ships not to be laden without a permit. 
4 vol. 480 

Collectors can grant permits. 4 vol. 
481 

Procuring permit. 4 vol. 481 
Proviso. 4 vol. 481 
Oath may be administered by Collec- 
tor to Captains. 4 vol. 481 

A general embargo laid. 4 vol. 507 
Limitation of the same. 4 vol. 507 
Penalty on violating the embargo. 4 
vol. 508 

Power of the Governor. 4 vol. 508 
Limits thereof defined. 7 vol. 351 

■' J.j--^' a '•'- '■ ■-' — - Jr^^^-'C. 

EMBRACEORS. 

Punishment of embraceors taking re- 
•ward to give verdict\ 2 vol. 441 

None shall inquire of office of this 
Statute but at the suit of the party. 2 
vol. 442 



EMBRACERY. 
See Bracery. 



ENGLISH, JOHN. 
Invested with so much of his father's 
estate as remains undisposed of by the 
commissioners of confiscated estates. 5 
vol. 367 



ENGLISH STATUTES MADE OF 
FORCE IN THIS STATE. 

That the Statutes hereafter enumerat- 
ed, be of the same force in the Province, 
as if enacted in the same. 2 vol. 401 

And note of the Editor. 2 vol. 714, 
750 

See table of the titles. 2 vol. 403. 

What Statutes are to be of force. 2 
vol. 413 

Statutes of allegiance and rights and 
liberties, to be of force. 2 vol. 413 

Powers of the General Assembly, ma- 
gistrates and officers, to put in execution 
the statutes. 2 vol. 413 

Common law in England declared to 
be of force. 2 vol. 413 

Court of Chancery. 2 vol. 414 

Penalty for neglect of duty. 2 vol. 
414 

Fees appointed by Act of Assembly, 
may be taken. 2 vol. 414 

Courts of record to have the power of 
King's and Queen's court. 2 vol. 415 

Conveyances made before this Act, 
shall be valid in law. 2 vol. 415 

Certain statutes declared impracticable. 
2 vol. 415 

Statutes made since 8th of Queen 
Anne, to be in force. 2 vol. 415 

Part of a statute to be of force. 2 
vol. 415 

Liberty of conscience confirmed. 2 
vol. 415 

Proviso. 2 vol. 415 

Former Act repealed. 2 vol. 416 

Appendix to English Statutes made of 
force. 2 vol. 549 

Reasons for supposing them of force 
added to each Statute. 2 vol. 549 

British or English Statutes wherein the 
Plantations in America are not particu- 
larly named, or, by intent or perview of 
such statute, not extended to such Planta- 
tions, or made of force here, are not to 
be enforced by the courts here. 7 vol. 
191 

Tahle of English Statutes made of 
Force. 

9 Hen. 3, c. 1 , Magna Carta. 1 vol. 
100 

9 Hen. 3, c. 8, Magna Carta. 1 vol, 
103. 2 vol. 417 

9 Hen. 3, c. 18, Magna Carta. 1 vol. 
105. 2 vol. 417 



ENGLISH STATUTES MADE OF FORCE. 



231 



9 Hen. 3, c. 28, Magna Carta. 1 vol. 
108. 2 vol. 417 

9 Hen. 3, c. 29, Magna Carta. 1 vol. 

108. 2 vol. 417 

9 Hen. 3, c. 34, Magna Carta. 1 vol. 

109. 2 vol. 418 

20 Hen. 3, c. 9. Merton. 2 vol. 418 

52 Hen. 3, c. 4, Marlebridge. 2 vol. 
418 

52 Hen. 3, c. 23, Marlebridge. 2 vol. 
418 

52 Hen. 3, c. 25, Marlebridge. 2 vol. 
418 

3Edw. 1, c. 3, Westminster, 1st. 2 
vol.419 

3 Edvv. 1, c. 4, Westminster, 1st. 2 
vol. 419 

3 Edw. 1, c. 6, Westminster, 1st. 2 
vol. 419 

3 Edw. 1, c. 12, Westminster, 1st. 2 
vol. 419 

3 Edw. 1, c. 14, Westminster, 1st. 2 
vol. 419 

3 Edw. 1, c. 23, Westminster, 1st. 2 
vol. 420 

3 Edw. 1, c. 29, Westminster, 1st. 2 
vol. 420 

6 Edw. 1, c. 9, Gloucester. 2 vol. 420 

13 Edw. 1, c. 11, Westminster, 2d. 2 
vol. 420 

13 Edw. 1, c. 12, Westminster, 2d. 2 
vol. 421 

13 Edw. 1, c. 19, Westminster, 2d. 2 
vol. 422 

13 Edw. 1, c. 34, Westminster, 2d. 2 
vol. 422 

13 Edw. 1, c. 37, Westminster 2d. 2 
vol. 422 

13 Edw. 1, c, 40, Westminster, 2d. 2 
vol. 422 

28 Edw. 1, c. 11, Art. Super Carta. 2 
vol. 423 

28 Edw. 1, c. 16, Art. Super Carta. 2 
vol. 423 

33 Edw. 1, Stat. 2, Art. Super Carta. 
2 vol. 423 

33 Edw. 1, Stat. 3, Art. Super Carta. 
2 vol. 423 

33 Edw. 1, Stat. 4, Art. Super Carta. 
2 vol. 549 

34 Edw. 1, Stat. 4, for Liberties. 2 
vol. 424 

34 Edw. 1, Stat. 4, c. 4. 2 vol. 424 
■• - 1 Edw. 2, Stat. 2. 2 vol. 424 

1 Edw. 3, Stat. 1, c. 7. 2 vol. 424 / 



2 Edw. 3, Stat, 
2 Edw. 3, c. 6. 
4 Edw. 3, c 
4 Edw. 3, c, 
4 Edw. 3, c, 
4 Edw. 3, c. 

4 Edw. 3, c 

5 Edw. 3, c 
5 Edw. 3, c 
5 Edw. 3, c. 11. 
5 Edw. 3, c. 14. 
10 Edw. 3, c. 2. 
14 Edw. 
14 Edw. 
20 Edw. 
20 Edw. 
25 Kdw. 
25 Edw. 
25 Edw. 
25 Edw. 
25 Edw. 
25 Edw. 

27 Edw. 

28 Edw. 
31 Edw. 
34 Edw. 
34 Edw. 
36 Edw. 
38 Edw. 
38 Edw. 
42 Edw. 3, c. 10. 



2. 
7. 
9. 
10. 
. 11. 
9. 
10. 



c. 6. 
c. 15. 

c. 4. 
c. 6. 
Stat. 



l,c. 2. 2 vol 

2 vol. 424 

2 vol. 425 

2 vol. 425 

2 vol. 425 
2 vol. 425 
2 vol. 426 

2 vol. 426 
2 vol. 426 
2 vol. 426 
2 vol. 427 
2 vol. 427 
2 vol. 427 

2 vol. 438 
2 vol. 438 
2 vol. 439 

2. 2 vol. 549 



424 



Stat. 5,0.2. 2 vol. 439 
Stat. 5, c. 3. 2 vol. 439 
Stat. 5, c. 5. 2 vol. 439 
Stat. 5, c. 17. 2 vol. 439 
Stat. 5, c. 19. 2 vol. 440 
Stat. 2, c. 19. 2 vol. 440 
c. 3. 2 vol. 550 
Stat. 1, c. 11. 2 vol. 440 
c. 8. 2 vol. 440 
c. 12. 2 vol. 441 
2 vol. 441 
2 vol. 441 
2 vol. 441 
2 vol. 442 
1 Richard 2, c. 12. 2 vol. 442 
5 Richard 2, Stat. 1, c. 8. 2 vol. 442 
8 Richard 2, c. 4. 2 vol. 428 



2. 



12. 



13 Richard 2, c. 5. 
15 Richard 2, c. 2. 
15 Richard 2, c. 3. 
17 Richard 2, c. 6. 
2 Hen. 4,0.11. i 

4 Hen. 4, c. 18. ; 
4Hen. 4, c. 23. i 

5 Hen. 4, c. 5. 



2 vol 

2 vol 

2 vol 

2 vol 
vol. 446 
vol. 447 
vol. 447 



446 
443 
446 
550 



2 vol. 448 



2 Hen. 5, Stat. 1, c. 2. 2 vol. 550 
4 Hen. 6, c. 3. 2 vol. 428 

8 Hen. 6, c. 9. 2 vol. 443 
8 Hen. 6, c. 12. 2 vol. 429 

8 Hen. 6, c. 15. 2 vol. 430 

9 Hen. 6, c. 4. 2 vol. 448 

14 Hen. 6, c. 1. 2 vol. 448 

15 Hen. 6, c. 4. 2 vol. 551 
18 Hen. 6, c. 12. 2 vol. 449 
3lHen. 6, c. 9. 2 vol. 449 
33 Hen. 6, c. 1. 2 vol. 451 

1 Richard 3, c. 3. 2 vol. 452 

3 Henry 7, c. 2. 2 vol. 452 
3 Henry 7, c. 3. 2 vol. 452 



214 



ENGLISH STATUTES MADE OF FORCE. 



3 Henry 7, c. 4. 

3 Henry 7, c. 10. 

4 Henry 7, c 12. 
4 Henry 7, c. 13. 

11 Henry 7, c. 12. 

12 Henry 7, c. 7. 
19 Henry 7, c. 9. 
19 Henry 7, c. 20. 
1 Henry's, c. 8. 



2 vol. 453 
2 vol. 453 
2 vol. 454 
2 vol. 455 
, 2 vol. 456 
2 vol. 456 
2 vol. 456 
2 vol. 457 
2 vol. 457 
4 Henry 8, c. 2. 2 vol. 457 
21 Henry 8, c. 4. 2 vol. 457 

21 Henry 8, c. 11. 2 vol. 458 

22 Henry 8, c. 14 

23 Henry 8, c. 1. 
23 Henry 8,c. 3. 
23 Henrv 8, c. 15 

5. 
3. 
6. 
4. 



2 vol. 459 
2 vol. 459 
2 vol. 459 
2 vol. 462 
2 vol. 463 
2 vol. 463 
2 vol. 463 
2 vol. 465 
2 vol. 466 
2 vol. 470 
2 vol. 471 
2 vol. 472 
2 vol. 474 
2 vol. 474 
2 vol. 475 
2 vol. 476 



24 Henry 8, c 

25 Henry 8, c 
25 Henry 8, c 
27 Henry 7, c 

27 Henry 8, c. 10, 

28 Henry 8, c. 15, 

31 Henry 8, c. 1. 

32 Henry 8, c. 9. 
32 Henry 8, c. 32 
32 Henry 8, c. 33 

32 Henry 8, c. 38. 

33 Henry 8, c. 1. 

34 and 35 Henry 8, c. 5. 2 vol. 551 
37 Henry 8, c. 6. 2 vol. 477 

1 Edward 6. 3 vol. 603 

1 Edward 6, c. 12. 2 vol. 479 

2 and 3 Edward 6. 3 vol. 603 

5 and 6 Edward 6, c. 9. 2 vol. 479 

5 and 6 Edward 6. 3 vol. 468 

5 and 6 Edward 6, c. 10. 2 vol. 480 

1 and 2 Philip and Mary, c. 13. 2 vol. 
481 

2 and 3 Philip and Mary, c. 10. 2 vol. 
483 

4 and 5 Philip and Mary, c. 4. 2 vol. 
484 

4 and 5 Philip and Mary, c. 8. 2 vol. 
484 

5 Elizabnth, c. 9. 2 vol. 486 
5 Elizabeth, c. 14. 2 vol. 489 
5 Elizabeth, c. 17. 2 vol. 493 
8 Elizabeth, c. 2. 2 vol. 493 
8 Elizabeth, c. 4. 2 vol. 495 
13 Elizabeth, c. 5. 2 vol. 496 
18 Elizabeth, c. 7. 2 vol. 498 
IS Elizabeth, c. 14. 2 vol. 430 
27 Elizabeth, c. 4. 2 vol. 499 
27 Elizabeth, c. 5. 2 vol. 431 
27 Elizabeth, c. 13. 2 vol. 501 
29 Elizabeth, c. 4. 2 vol. 504 



39 Elizabeth, c. 15. 2 vol. 505 
43 Ehzabeth, c. 5. 2 vol. 505 
43 Elizabeth, c. 8. 2 vol. 506 
1 James 1, c. 8. 2 vol. 507 
1 James 1, c. 11. 2 vol. 508 
1 James l,c. 12. 2 vol. .508 
4Jamesl,c. 3. 2 vol. 510 
7 James 1, c. 12. 2 vol. 511 
21 James 1, c. 6. 2 vol. 512 
21 James 1, c. 13. 2 vol. 432 
21 James 1, c. 15. 2 vol. 445 
21 James 1, c. 24. 2 vol. 512 

21 James 1, c. 27. 2 vol. 513 

3 Car. 1, Petition of Rights. 1 vol. 
113 

13 Car. 2, Stat. 2, c. 2. 2 vol. 513 
16 Car. 2, c. 6. 2 vol. 517 
16 Car. 2, c. 7. 2 vol. 517 

16 and 17 Car. 2, c. 8. 2 vol. 519 

17 Car. 2, c. 7, 2d Section. 2 vol. 
552 

17 Car. 2, c. 8. 2 vol. 520 

22 and 23 Car. 2, c. 1. 2 vol. 521 
22 and 23 Car. 2, c. 7. 2 vol. 521 
22 and 23 Car. 2, c. 10. 2 vol. 523 
22 and 23 Car. 2, c. 20. 2 vol. 525 

29 Car. 2, c. 3. 2 vol. 525 

30 Car. 2, c. 7. 2 vol. 529 

1 James 2, c. 17. 2 vol. 530 

1 William and Mary, c. 8. 2 vol. 530 

2 William and Mary, c. 5. 2 vol. 530 

3 and 4 William and Mary, c. 9, 2 
vol. 531 

3 and 4 William and Mary, c. 14. 2 
vol. 533 

4 and 5 William and Mary, c. 16. 2 
vol. 535 

4 and 5 William and Mary, c. 21. 2 
vol. 537 

4 and 5 William and Mary, c. 24, 2 
vol. 552 

6 and 7 William 3d, c. 11. 2 vol. 537 

7 William 3d, c. 3. 2 vol. 539 

7 and 8 William 3d, c. 24. 2 vol. 542 

8 and 9 William 3d, c. 27. 2 vol. 553 

10 and 11 William 3d, c. 16. 2 vol. 
542 

11 and 12 William 3d, c. 6. 2 vol. 
542 



1 Ann, Stat. 1, c. 
1 Ann, Stat. 1, c. 
1 Ann, Stat. 2, c. 
3 and 4 Ann, c 9 



6. 2 vol. 557 
22. 2 vol. 543 
9. 2 vol. 543 
. 2 vol. 544 



4 Ann, c. 16. 2 vol. 432 

5 Ann, c. 9. 2 vol. 560 

6 Ann, c. 9. 2 vol. 563 



ENTRY OF VESSELS. 



215 



2 vol. 561 
2 vol. 546 
2 vol. 547 
2 vol. 565 
S. 7. 2 vol. 432 

2 vol. 568 
3 vol. 468 
5 George 2, c. 7. 2 vol. 570 
7 George 2. 3 vol. 468 
11 George 2, c. 19. 2 vol. 572 
25 George 2, c. 6. 2 vol. 580 



6 Ann, c. 18. 

7 Ann, c. 19. 

8 Ann, c. 17. 

9 Ann, c. 14. 
9 Ann, c. 20, 
9 Ann, c. 20. 
2 George 2. 



to be 
Reuben Gun's mill. 



ENOREE RIVER. 

Obstructions to passage of fish 
removed as high 
5 vol. 509 

Penalty for not removing obstructions. 
5 vol. 509 

Commissioners to superintend slopes 
and sluices. Their powers. 5 vol. 509 

Passage for fish to be kept open. 7 
vol. 531 



ENROLLMENT. 

See Conveyance. 



ENTAILS. 

Statutes of entails {de doms) declared 
not of force in this State. 3 vol. 341 



ENTRY. 
See Fine. Dinseisiti. Possession. 



ENTRY OF VESSELS. 
Masters of vessels to report their arri 

val before unloading. 2 vol. 32 

To give bond in two thousand pounds 

penalty. 2 vol. 32 

Not to depart without license, or carry 

off! persons without license. 2 vol. 32 
Bonds to be given by persons who may 

become owners, &c. 2 vol. 32 
Forfeiture on neglect. 2 vol. 33 
Entry to be made, or bond to be given, 

by persons departing. 2 vol. 33 

Rules to be observed by secretary. 2 

vol. 33 

Governor to sign the tickets. 2 vol. 34 
When half damages only are recover. 

ed. 2 vol. 34 

Application of forfeit bonds. 2 vol. 34 
Act limited to 23 months. 2 vol. 34 
All masters of vessels shall wait on the 

Governor for the time being, within 48 

hours after their arrival. 2 vol. 140 



In 24 hours after, to give bond in the 
secretary's office. 2 vol. 140 

With the following condition. 2 vol. 
140 

Penalty on any person who shall buy, 
sell, or contract with any master, before 
he has waited on the Governor. 2 vol. 
141 

Every vessel, within 24 hours after 
coming over the bar, to be brought to an 
anchor, and where. 2 vol. 141 

Penalty on the master of any vessel 
built within this government, that shall 
take on board any goods before he enter 
into bond. 2 vol. 141 

All persons capable of contracting 
debts, shall set up their names in the 
secretary's office, one-and-twenty days 
before they obtain a ticket to go off, or 
shall give bond in £1000. 2 vol. 141 

With the following condition. 2 vol. 
141 

An alphabetical table of names to be 
kept in the secretary's office. 2 vol. 142 

No ticket to be delivered until bond be 
given, or the names have stood up twenty- 
one days. 2 vol. 142 

No ticket to be delivered for a negro, 
until oath be made of the property, or 
power of the person to send him off. 2 
vol. 142 

Penalty. 2 vol. 142 

All persons that set up their names, to 
take their tickets within 31 days. 2 vol. 
142 

He that underwrites a person, shall file 
his declaration within 30 days. 2 vol. 
142 

The filing a declaration and leaving^ 
an attested copy at the dwelling house of 
the surety of a person underwritten, shall 
be a sufficient summons. 2 vol. 142 

The Governor to assign the ship bond, 
or underwriting bond, to the party griev- 
ed. 2 vol. 142 

The bonds aforesaid, declared to be 
only in trust for the use of the persons 
damnified. 2 vol. 143 

In what cases any two justices of the 
peace may give a person a ticket or license 
to go off. 2 vol. 14o 

The aforesaid bonds to be put in suit, 
within two years after the dates. 2 vol. 
143 

Act limited to three years. 2 vol. 
143 



216 



EQUITY PRACTICE. 



ENVEIGLING A SLAVE. 
See Stealing a Slave. 



EPILEPTICS. 

See Lunatic Asylum. 



EPISCOPAL CHURCH. 

See Church. Established Church. 

A tract of land vested in Episcopal 
Church of Edisto Island, saving the 
rights of others. 5 vol. 573 

The Episcopal Church of Georgetown, 
authorized to draw one or more lotteries 
for the benefit of the church. 5 vol. 601 



EQUITY. 
See Court of Chancery. 



EQUITY CIRCUITS. 
See Circuits in Equity. 



EQUITY PRACTICE. 

Either party to any suit in equity, shall 
have the right, upon giving the adverse 
party, his, her, or their solicitor or agent, 
ten days notice thereof, to examine any 
witness or witnesses before the Master or 
Commissioner in Equity of the district 
in which such cause is to be tried ; and it 
shall be the duty of the Master or Com- 
missioner, upon the application of the 
party, his, her or their solicitor or agent, 
desiring such examination, to issue a writ 
of subpoena for such witnesses, and upon 
their coming before him, to commit to 
writing the testimony they give, upon 
oath ; each party having all the rights of 
cross examination and exception to the 
admissibility of testimony, now allowed 
by law ; and it shall be the duty of the 
Master or Commissioner to certify such 
examination and testimony to the court, 
to be read in evidence on the trial of the 
cause ; and for this service, the said mas- 
ter or commissioner shall be paid by the 
copy sheet. 6 vol. 411 

On the application of a party in a 
cause, to have his, her or their witnesses 
examined, the master or commissioner 
shall appoint a day for that purpose, and 
shall cause the adverse party to be noti- 
fied ; and if on the day appointed, the 
adverse party shall not attend, or attend- 
ing, shall not shew sufficient cause for 
the postponement of the examination, 
the master or commissioner shall proceed 



to examine all witnesses produced, and 
shall continue the examination from day 
to day, until all the witnesses be examin- 
ed ; and if any witness, duly subpoenaed 
to attend before the master or commis- 
sioner, shall fail to do so, the master or 
commissioner shall have power to issue a 
rule, requiring such witness to shew cause 
why an attachment should not issue 
against him ; and upon failing to shew 
sufficient cause, the master or commis- 
sioner shall have power to grant attach- 
ments for contempt. G vol. 411 

If any party shall shew cause satisfac- 
tory to the court, for requiring the exami- 
nation of the witness or witnesses of the 
adverse party, in open court, on the trial 
of the cause before the chancellor, he, 
she or they shall be entitled to the usual 
process of the court, to procure the per- 
sonal attendance of such witness, and 
shall not be compelled to go to trial until 
such attendance be procured, if practica- 
ble. 6 vol. 412 

The master or commissioner in equity 
shall have power, as the chancellors now 
have, to grant writs of partition of real 
or personal estate, to be returnable to the 
next court of chancery, for the adjudica- 
tion of the chancellor ; to make orders of 
reference in matters of account ; to ap- 
point guardians ad lite?n ; and to grant 
leave to amend pleadings and make new 
parties ; subject always to the final judge- 
ment of the chancellor, at the next suc- 
ceedinj; term of the court. 6 vol. 412 



EQUITY OF REDEMPTION. 

See Mortgage. 

Time for redemption of negroes, goods, 
or chattels sold by way of mortgage. 2 
vol. 587 



ESCAPE. 

No penalty for, before it be adjudged. 
2 vol. 419 

Escape of felons enquirable by justices 
of the peace. 2 vol. 452 

Keeper suffering prisoners to go at 
large without habeas corpus, or note of 
court made on petition in open court, 
deemed an escape. 2 vol. 554 

Upon judgment in action of escape, 
marshal's or warden's fees to be sequester- 
ed for satisfaction. 3 vol. 554 



ESCAPE. 



2lt 



Marshal, &;c. suing writ of error to re- 
verse judgment, to put in special bail. 2 
vol. 554 

Penalty on the marshal, &;c. taking 
any reward to connive at prisoner's escape. 
2 vol. 554 

This Act not to void securities given 
for lodging within the rules of said prisons. 
2 vol. 555 

No retaking on fresh pursuit to be giv- 
en in evidence on action of escape, unless 
specially pleaded, nor any special plea, 
unless on oath, that the escape was with- 
out consent of the marshal, &;c. 2 vol. 
555 

Prisoner in execution escaping, may be 
retaken by any new capias. 2 vol. 555 

Keeper refusing to shew prisoner, it 
shall be an escape. 2 vol. 555 

Penalty on marshal, &,c. refusing to 
give a note whether a person be a prison- 
er or not. 2 vol. 555 

Such note to be sufficient evidence. 2 
vol. 556 

On bill filed against warden, and a rule 
given out, judgment to be signed, unless 
pleaded to. 2 vol. 556 

This Act to be a general law ; and 
persons sued for executing the same may 
plead the general issue, &c. 2 vol. 557 

Defendant to have double costs, if sued 
for putting this Act into execution. 2 
vol. 557 

Prisoners in Queen's Bench, or fleet 
prison, making escape, &c. on oath there- 
of? juflge may grant warrant for retaking 
such prisoner, who shall be committed to 
the county goal where taken, there to re- 
main, &c. 2 vol. 557, 558 

Mayor, dec. after delivery of prisoner, 
shall take a receipt from sheriff. 2 vol. 
558 

Sheriff to make return of warrant, &c. 
and answer for prisoner escaping, after 
retaken. 2 vol. 559 

Prisoner's bail may have a writ to 
sheriff to detain prisoners, &c. who have 
escaped and been retaken. 2 vol. 559 

Writ to be returned into court, &c. 2 
vol. 559 

Sheriff, &c. afterwards suffering pri- 
soner to escape, liable to such action as 
marshal or warden, &c. 2 vol. 559 

Penalty on sheriff, «fec. neglecting to 
make return of such writ. 2 vol. 559 
VOL.X— 28. 



Reddidit se,Sfc. to be entered on the bail 
bond. 2 vol. 559 

This Act to be a general law. 2 vol. 559 

General issue mav be pleaded. 2 vol. 
560 

Treble costs allowed. 2 vol. 560 

Escape warrant may be granted upon 
affidavit made in the coi latry. 2 vol. 560 

Persons may be appu'hended by war- 
rant on a Sunday. 2 vol 560 

Persons in custody of sheriff on a de- 
cree, and making escape, sheriff liable to 
pay, &c. 2 vol. 560 

Act to be a general law. 2 vol. 560 

ESCHEATS AND ESCHEATORS. 

See Pineville Academy. Marion Acad- 
emy Society. 

Sheriffs, bailiffs of hundreds, and es- 
cheators, shall have sufficient in the coun- 
ty. 2 vol. 425 

Escheators appointed for each district, 
who are to take oath and give bond. 5 
vol. 46 

Duties of the escheator. 5 vol. 47 

Lands, name of the person last seized, 
and supposed time of his death, and part 
of the world in which he was supposed 
to be born, to be advertised six months, 
and no claimant appearing in one year, 
to be escheated. 5 vol. 47 

Sales to be advertised six weeks, &c. 
5 vol. 47 

Indents may be received in payment. 
5 vol. 47 

Lands may be divided into smaller 
tracts. 5 vol. 47 

Proceeds to, be deposited in the treasu- 
ry. 5 vol. 47 

Any one appearing in five years and 
proving good title, on issue tried, forth- 
with to receive adequate compensation. 
5 vol. 47 

Privileges of claimants. 5 vol. 47 

The State not precluded by possession, 
grant, conveyance, or any other cause or 
title, from making inquest, &c. of lands 
heretofore escheated, by the death of the 
person last seized. 5 vol. 48 

No lands claimed under grant, or un- 
der actual possession for five years before 
4th July, 1776, effected by this Act. 5 
vol. 48 

Personal estate to which there is no 
heir, in the hands of an executor or ad^ 
ministrator, shall be advertised, and revert" 



218 



ESCHEATS AND ESCHEATORS. 



to the State. 5 vol. 48 

Three years allowed, after disahility 
removed, to infants, feme coverts, luna- 
tics, or persons beyond the limits of the 
United States. 5 vol. 48 

Escheator allowed 2i per cent and his 
costs and charges, where persons shall 
appear and prove title after office found. 
5 vol. 48 

Penalty on escheators for misconduct 
and fraudulent practices. 5 vol. 48 

This Act to operate on all estates of a 
person dying without an heir, or forfeited 
for treason, or otherwise become divested 
by operation of law, without leaving any 
legal representative. 5 vol. 49 

Property of persons convicted of felo- 
ny, shall not be forfeited, but shall de- 
scend to their legal representatives. 5 
vol. 49 

Law not to operate where there are 
heirs of the half blood, or on lands of 
the wife, who leaves no heirs ; the half 
blood and the husband and his descend- 
ants, or others claiming under him or 
them, entitled to the same. 5 vol. 49 

No lands to be sold previous to the 26th 
March, 1791, where the inheritance shall 
appear, on inquisition, to belong to an 
alien, 5 vol. 49 

This Act not to contravene any treaty 
or agreement between the United States 
and any foreign power, on the subject of 
descent and inheritance. 5 vol. 49 

No member of the Legislature to be 
an escheator. 5 vol. 49 

Escheators not allowed to purchase es- 
cheated estates, under penalty of five 
thousand pounds. 5 vol. 49 

Commissioners appointed for each dis- 
trict, to report to the Legislature such 
lands as have escheated. 5 vol. 236 

Escheated property in Clarendon, not 
exceeding f 10,000, vested in " the Trus- 
tees of Public Schools of the Clarendon 
Orphan Society." 5 vol. 337 

Escheated property in Orangeburgh, 
not exceeding twenty thousand dollars, 
vested in " the Trustees for establishing 
Public Schools in Orangeburgh.'" 5 vol. 
339 

In Lancaster, vested in Trustees for 
endowing a school. 5 vol. 364 
Trustees appointed. 5 vol. 364 



To keep an account of the property 
granted to them, 5 vol. 364 

In the district of Williamsburgh, vest- 
ed in the Trustees of the Williamsburgh 
Academy. 5 vol. 365 

Their powers and duties. 5 vol. 365 

In Colleton, vested in Trustees for a 
school. 5 vol. 365 

Powers and duties of trustees, 5 vol. 
365 

In St. Phihp's and St. Michaers, vest- 
ed in the City Council of Charleston, for 
the benefit of the Orphan House. 5 vol. 
.366 

In York, Chester and Union, vested in 
the Trustees of Alexandria College. 5 
vol. 364 

Their powers and duties. 5 vol. 364, 
36 o 

Where the State has ceded to any body 
politic escheated property, such corpora- 
tion shall nominate and appoint an es- 
cheator, who shall be commissioned by 
the Governor. 5 vol. 507 

Escheators so appointed, shall not exe- 
cute the duties by deputy, but vested 
with all powers. 5 vol. 507 

Escheator of Colleton to give bond and 
security for two thousand dollars. The 
bond to be given as heretofore. 5 vol. 
675 

Escheator for Barnwell, to give bond 
for $3,000. 6 vol. 227 

All property not otherwise disposed of, 
or shall hereafter accrue to the State, in 
Spartanburgh, vested in the trustees of 
the Cedar Spring Academies, male and 
female. 6 vol. 246 

Amount not to exceed $10,000, nor 
the Legislature restrained from vesting in 
any one any escheated property to which 
they may have an equitable claim. 6 
vol." 246' 

The same grant made to the Edgefield 
Village Academy, and the Society Acade- 
my, of escheated property in Edgefield, 
as is made to the Cedar Spring Academy, 
in Spartanburgh. 6 vol. 247 

Escheated property in York, vested in 
the trustees of the Ebenezer Academy, 
to the amount of $10,000. 6 vol. 247' 

Escheated property in Abbeville, vest- 
ed in the commissioners of the poor, for 
the benefit of the poor, and William Les- 
ley appointed escheator. 6 vol. 247 



ESCHEATS AND ESCIIEATORS. 



219 



Minor Sadler to be escheator for York, 
upon giving bond as usual. 6 vol. 247 

Estate of James Mead given to his ad- 
ministrator, for the next of kin. 6 vol. 
247 

The property of Hiram Coleman, liable 
to be escheated, vested in Patsey Grego- 
ry. 6 vol. 263 

The estate of E. Fisher, of Orange- 
burgh, subject to escheat, vested in Ste- 
phen Moss, on certain conditions. 6 vol. 
269 

Their bonds for Spartanburgh and Uni- 
on, to be in the penalty of f3,000, and 
sureties as heretofore. 6 vol. 271 

Escheator hereafter appointed for Pen- 
dleton, shall give bond, with sureties, for 
$2,000. 6 vol. 274 

Certain escheated property in Barn- 
well, vested in Elizabeth Surrency and 
Mary Partan. 6 vol. 291 

The right of the State to the real es- 
tate of VVm. Dyer, of NevVberry, vested 
in Margaret Dyer. 6 vol. 291 

All the right of the State to estate of 
.Abraham Isaacs, of Beaufort, vested in 
De Reviere Beaubien, his heirs, &c.; 
provided the Trustees of the College of 
Beaufort release their claim to the same. 
6 vol. 291 

The right of the Trustees of the Col- 
lege of Beaufort to a certain amount from 
escheated propeity, not to be impaired by 
their consenting to release this property. 
6 vol. 291 

The Winyaw Indigo Society to regu- 
late the amount of the escheator's bond 
for Prince George Winyaw, and the num- 
ber of sureties. The bond to be made 
payable to the President, Wardens and 
Members of the Winyaw Indigo Society, 
and their successors. 6 vo!. 318 

Escheator for Pendleton district, to 
give bond and sureties for 82,000, and in 
all other respects as the law directs. 6 
vol. 344 

All escheats in Newberry district, 
granted to the Newberry Academy, until 
it has received .$10,000; the State re- 
serving the right to remit escheats in the 
district. 6 vol. 361 

No lands of which any citizen of this 
State shall die seized, possessed or inter- 
ested in, shall vest in the State, or be 
liable to escheat, where such person shall 
have left a widow, a resident of the State, 



although such widow shall not have be- 
come a naturalized citizen, but the said 
land shall pass by will or descent to such 
widow, in the manner already provided 
by law. 6 vol. 363 

The estate of Elizabeth Hardcastle 
disposed of. 6 vol. 385 

All the right of the State in the real 
and personal estate of John Bibby, of 
Lancaster, released, and vested in Caro- 
line Bibby, her heirs and assigns. 2 vol. 
389 

All the claim of the State in certain 
lands whereof one Moses Collins died 
seized and possessed, in Barnwell, releas- 
ed, and vested in Nancy Collins, her heirs 
and assigns. 6 vol. 389 

The escheator of York hereafter to 
give bond in the penalty of $3,000. 6 
vol. 394 

All the right of the State in the real 
and personal estate of Thomas Price, an 
alien, late of Spartanburgh, vested in the 
next of kin of Ann Price, widow of 
Thomas Price, their heirs, &c. 6 vol. 
41.5 

All the right of the State to the real 
estate of Wilkins Peacock, an illegiti- 
mate, vested in Martha Peacock the 
mother, Louisa Wood his sister, and 
Ralph Grubs his brother. 6 vol. 416 

The right of the State in the escheated 
estate of Philip Breen, vested in Ann 
and Elizabeth Breen. 6 vol. 419 

All the right of the State in a certain 
tract of land of John Williams, vested 
in Ann Williams and Edward Smith, 
otherwise called Edward Williams. 6 
vol. 430 

All the right the State may have in the 
estate of Mary Avinger, vested in the 
heirs at law of Gutlip Avinger. 6 vol. 
430 

All the right of the State in the estate 
of George W. Ward, vested in Thomas 
W. Ward. 6 vol. 430 

All the right of the State in the per- 
sonal estate of William Neely, of Barn- 
well, vested in him for the heirs of John 
Walker Neely. 6 vol. 431 

All the right of the State in the estate 
of Joseph Prucell, vested in Ann Prucell. 
6 vol. 431 

All the right of the State in certain 
negro slaves of Matthew Burden, deceas- 
ed, vested in Joshua Corley. 6 vol. 46il 



2-20 



ESCHEATS AND ESCHEATORS. 



All the right of the State to the estate 
of Elizabeth Neel, vested in certain per- 
sons. 6 vol. 461 

The right of the State in the estate of 
Christian Creamore, vested in M. and H. 
Hartzhog. 6 vol. 461 

Its right in the estate of Daniel Mc- 
Kinnon, vested in Mary McKinnon. 6 
vol. 461 

Its right in the real estate of Niel 
Smith, vested in trustees, for the benefit 
of the minor children of Niel Smith. 6 
vol. 461 

Escheators for the districts of this 
State, shall severally give a bond, with 
three good and sufficient sureties, in the 
penal sum of $2,000, in the form pre- 
scribed by the Act entitled "An Act con- 
cerning the bonds of public officers ;" 
provided, that nothing in this Act shall 
impair the right of bodies corporate or 
politic, to nominate and appoint eschea- 
tors, in relation to any estate that has 
been or may be ceded to such bodies cor- 
porate or politic. 6 vol. 508 

Certain escheated property in Edge- 
-field, vested in Ann Wightman, subject 
to certain provisions. 6 vol. 509 

The right of the State in the estate of 
Andrew Talvande, vested in Ann Marson 
•Talvande. 6 vol. 525 

All the right of the State in the per- 
sonal property formerly held by the Ves- 
try of Echaw Church in St. James San- 
tee, vested in the Vestry of Wambaw 
Church, the rights of individuals or other 
corporations reserved. 6 vol. 526 

All the right of the State in the real 
estate once held by the trustees of the 
Varennes Academy, vested in the Trus- 
tees of the Male and Female Academies 
of Anderson. 6 vol. 537 

All the right of the State in the real 
estate of which John Anthony, of 
Charleston, died seized and possessed, 
vested in his widow, Mary Anthony. G 
vol. 549 

The right of the State in the real es- 
tate of Elizabeth Milwood, late of 
^Charleston, lying in Charleston, vested 
in Rebecca Artope. 6 vol. 549 

The children of Moses Irvin and Har- 
riet his wife, authorized to take by de- 
scent or devise or purchase the estate of 
the said Moses Irvin, and to follow the 



condition of their father, Moses Irvin. 6 
vol. 549 

The right of the State in the real es- y 
tate of Ann Hutchinson, late of Charles. (*' 
ton, vested in Charles B. Mullins and* 
Ann P. Davenport, equally. 6 vol. 557 

Escheated property of St. George Dor- 
chester, to amount of $10,000, vested in 
the trustees of the Buck Spring Acade- 
my. ■ 8 vol. 344 

Of Pendleton, vested in the trustees of 
Pendleton Academy. 8 vol. 345 

Escheated property in Lexington dis- 
trict, vested in the Piatt Spring Acade- 
my. 8 vol. 367 

In Marion, to the Marion Academy 
Society. 8 vol. 368 

Property of John Elcock, vested in the^. 
Library Society of Edisto. 8 vol. 373 

In Edgefield, vested in the Edgefield 
Female Academy. 8 vol. 393 

In St. Bartholomews, vested in Walter- 
borough Academy. 8 vol. 393 

Escheated property in Abbeville, given 
to certaiq societies. 8 vol. 450 

ESTABLISHED CHURCH. 

See The Constitution, abolishing it. 

The Episcopal or Church of England, 
established in Carolina in 1700. 1 vol. 
428 

Maintainance settled on minister in 
Charleston. 2 vol. 135 

Members of Assembly to receive the 
sacrament. 2 vol. 232 

Oath of conformity to be taken by 
members of Assembly. 2 vol. 233 

Profession of conformity. 2 vol. 233 

Oath and declaration, how taken and 
subscribed. 2 vol. 233 

Members to take the oath and declara- 
tion, instead of the oath of allegiance 
and supremacy. 2 vol. 234 

Additional oath as to the security of 
her Majesty and succession, 2 vol. 234 

When to be taken. 2 vol. 234 

Penalty for sitting and voting before 
taking these oaths. 2 vol. 234 

In case of non-conformity, the candi- 
date next highest in number of votes to 
be cliosen.' 2 vol. 235 

Rites and ceremonies of the Church 
of England to be read by all ministers. 2 
vol. 236 

Church of England established. 2 vol. 
236 



ESTABLISHED CHURCH. 



221 



Congregations. 2 vol. 236 

Parishes laid out. 2 vol. 236 

St. Philip's parish. 2 vol. 236 

St. Philip's to be parish church and 

.church yard in Charleston. 2 vol. 236 
Dedicated. 2 vol. 236 
Rector. 2 vol. 236 
Rector and successors incorporated. 2 

vol. 237 

Corporate power and rights, 2 vol. 

237 

Berkley county divided into six parish, 
es. 2 vol. 237 

Six churches to be built, and locality. 
2 vol. 237 

Church yards, &c. 2 vol. 237 
Lands to be acqjjired and buildings 
erected. 2 vol. 237 

Glebes to be allotted. 2 vol. 237 
Commissioners to select the sites and 
erect buildings. 2 vol. 237 

Benevolences to be accepted. 2 vol. 
238 

Supervisors to be appointed for the 
buildings. 2 vol. 238 

Appropriation from the treasury, 2 
vol. 238 

Supervisors may press materials and 
workmen. 2 vol. 238 

May press slaves of the parish. 2 vol. 
238 

Commissioners to draw on the treasury. 
2 vol. 239 

Rights and powers of the rectors and 
ministers over houses, glebes, slaves, &c. 
and slaves to be furnished by the society 
for the propagation of the gospel in for- 
eign parts, and salary of tifty pounds, 
current money. 2 vol. 239 

Public receiver to pay the salary, or 
commissioners to assess. 2 vol. 239 
Rectors, how to be chosen. 2 vol. 239 
Rectors, how removed or translated. 2 
vol. 240 

Power of commissioners on the sub- 
ject. 2 vol. 240 

New choice may be made. 2 vol. 240 
Commissioners named. 2 vol. 240 
Quorum. 2 vol. 241 
Vacancies, how filled. 2 vol. 241 
'J'imc of meeting. 2 vol. 241 
Penalty for marrying one within the 
table of marriage. 2 vol. 241 

Clergymen and magistrates prohibited 
from joining in marriage persons within 
a certain degree. 2 vol. 240 



Vestry established, and who to be ves- 
trymen. 2 vol. 242 

How elected, by whom, and when. 2 
vol. 242 

Oath of vestry. 2 vol. 242 
Register to be appointed, i vol. 242 
To register all births, christenings, 
marriages and burials. 2 vol. 243 
His oath. 2 vol. 243 
Notice to be given to the register. -2 
vol. 243 

Register to give certificates. 2 vol. 
243 

Books to be provided. 2 vol. 243 
Table of marriages to beset up in each 
church. 2 vol. 243 

Two wardens to be elected. 2 vol. 
243 • 

Oath. 2 vol. 244 
Parish clerks. 2 vol. 244 
Salary. 2 vol. 244 
Sexton. 2 vol. 244 
Vestry meetings and elections. 2 vol. 
244 

Dues, repairs. 2 vol. 245 
Books and accounts to be kept. 2 vol. 
245 

Fines and forfeitures, how recovered 
and disposed of 2 vol. 246 

This Act may be given in evidence 
under the general issue. 2 vol. 246 
Treble costs allowed. 2 vol. 246 
Power entrusted to Nathaniel Johnson. 
2 vol. 246 

This law repealed by constitution. 
Note. 2 vol. 236 

Salaries to ministers of church. 2 vol. 
247 

Appropriation for building churches. 2 
vol. 248 

Receiver under penalty, if he apply 
these monies otherwise than as appropri- 
ated. 2 vol. 247 

The book of common prayer to be es- 
tablished in the Province. 2 vol. 282 
See Editor's note. 2 vol. 707 
Province divided into ten parishes. 2 
vol. 283 

Berkley county divided into six more 
parishes. 2 vol. 283 

Colleton, into two parishes. 2 voI.-283 

Craven county one parish. 2 vol. 283 

Six churches and six houses for the 

several rectors of the parishes ordered to 

be built, and £2000 appropriated to de- 

frav the charges thereof 2 vol. 283 



222 



ESTABLISHED CHURCH. 



Commissioners to appoint supervisors. 
2 vol. 284 

Commissioners empowered to take a 
grant of lands for the several sites of the 
several churches and church vards. 2 vol. 
2S4 

Also for the several glebes, and upon 
each of the glebes to order the building a 
house for the rector. 2 vol. 284 

St. Bartholomew's parish established. 
2 vol. 285 

Commissioners empowered to take a 
grant of land for the site of the said 
church and church yard. 2 vol. 285 

Also, lands for the glebe. 2 vol. 285 

To receive all charitable gifts, appoint 
supervisors, and draw out of the public 
treasury. 2 vol. 285 

The church and church yard in Charles- 
ton, to be the parish church of St. Philip's 
Charlestown. 2 vol. 285 

Rectors for each of the several parish. 
€S. 2 vol. 286 

Their enjoyments. 2 vol. 286 

Rector of St. Philip's to receive £150 
per annum. 2 vol. 286 

The several other rectors of the other 
parishes £50 per annum for three years. 
2 vol. 286 

After the term of three years £100 per 
annum, excepting the rector of St. Den- 
nis, who shall be allowed but £50. 2 vol. 
287 

Receiver to pay the same as soon as 
the money comes into his hands. 2 vol. 
287 

The rectors to have all fees and per- 
quisites, of right their due. 2 vol. 287 

Rectors to be chosen by the inhabitants 
that are of the church of England. 2 
vol. 288 

French translation of common prayer 
to be used in the parishes of St. Dennis 
and St. James, how long. 2 vol. 288 

Names of commissioners. 2 vol. 288 

When they are to meet. 2 vol. 289 

Commissioners' clerk to be paid from 
public treasury. 2 vol. 289 

No minister to join in marriage con- 
trary to the table of marriages. 2 vol. 
289 

No layman to perform marriage cere, 
raony. '2 vol. 289 

Vestries, how to be chosen. 2 vol. 
289 



Seven more vestrymen to be chosen. 2 
289 

Vestrymen to be chosen on Easter 
Monday of every year. 2 vol. 290 

Vestrymen to take oaths. 2 vol. 290 

To provide a fit person for their regis- 
ter. 2 vol. 290 

Penalty. 2 vol. 291 

Register's fees. 2 vol. 291 

Register books to be provided at the 
parish charge. 2 vol. 291 

Table of marriages to be provided and 
set up. 2 vol. 291 

Church-wardens to be chosen yearly, 
on every Easter Monday. 2 vol. 291 

To take oaths. 2 vol. 291 

Penalty on refusal to serve, 2 vol. 292 

Clerk and Sexton to be chosen by the 
vestry, 2 vol. 292 

Salaries. 2 vol. 292 

Vestry to be holden four times a year, 
witliout notice. 2 vol. 292 

As often as need shall require, upon 
public notice. 2 vol. 292 

Penalty for neglect. 2 vol 292 

Parochial charges and repairs of the 
church to be paid out of the charitable 
gifts, and by assessment. 2 vol. 293 

Every parishioner may see the vestry 
books and accounts, and take copies there- 
of, by paying a fee. 2 vol. 293 

Fines and forfeitures, how to be reco- 
vered. 2 vol. 294 

Persons may plead the general issue 
and receive treble costs. 2 vol. 294 

Ratification of Act. 2 vol. 294 

Bounds of the several parishes. 
328 

Christ Church. 2 vol. 328 

Saint Thomas and Saint Dennis. 
329 

Saint John's. 2 vol. 329 

Saint James Goose Creek. 2 vol. 329 

Saint Andrew's. 2 vol. 329 

French congregation of Saint Dennis 
to pay all the parochial dues of that 
church, whilst services are in French. 2 
vol. 329 

Parishes in Colleton. 3 vol. 329 

Saiiit Paul's. 2 vol. 329 

Saint Bartholomew. 2 vol. 330 

Saint James Santee. 2 vol. 330 

Commissioners to settle disputes. 2 vol. 
330 

To appoint new bounds, if neces.sary. 2 
vol. 330 



2 vol. 



2 vol. 



ESTABLISHED CHURCH. 



223 



Churches, parsonages, &c., to be built. 
2 vol. 339 

In case the church wardens shall not 
have sufficient effects, the vestry to draw 
upon the public receiver. 2 vol. 339 

Arrears of the parochial charges of St. 
Philip's, Charlestown, to be paid out of the 
public treasury. 2 vol. 340 

Also, the arrears of the rest of the 
several parishes. 2 vol. 340 

No provision made for repairing build- 
ings. 2 vol. 340 

The church wardens shall order the 
same to be repaired. 2 vol. 340 

And the several rectors to keep the 
same in repair. 2 vol. 340 

Rector of Saint Philip's, Charlestown, 
to have £50 per annum added to his sala- 
ry. 2 vol. 341 

The several sums appointed by this 
Act, to be paid out of the money received 
for duties on skins and furs. 2 vol. 341 

That falhng short, out of any public 
money. 2 vol. 341 

The Church Act, and Act appropriating 
duties on skins, furs, &c., confirmed. 2 
vol. 341 

Eleven of the commissioners to consti- 
tute a quorum. 2 vol. 366 

Commissioners 's meeting*, to be on the 
third Wednesday in March and October. 
2 vol. 367 

To hear and settle all differences con- 
cerning elections of ministers. 2 vol. 
367 

In case of death or vacancy, the com- 
missioners to order any one to take care 
of church property. 2 vol. 367 

Salary of rectors to be paid from day 
of their arrival. 2 vol. 368 

Rector to give bond. 2 vol. 368 

Vestry men and church wardens to be 
chosen at any time. 2 vol, 368 

In case of vacancy, the vestry to choose 
church wardens. 2 vol. 369 

Rector to repair buildings. 2 vol. 369 

In case of neglect, charges to be stop- 
ped out of rector's salary. 2 vol. 369 

Minister, upon his removal, to repair 
buildings on the glebe. 2 vol. 366 

During vacancy, commissioners may 
permit any person to dwell in the parson- 
age house, he keeping the same in repair. 
2 vol. 370 

If a person cannot be procured, the 



church wardens to order the same to be 
repaired. 2 vol. 370 

Such charges to be paid by the receiv- 
er. 2 vol. 370 

On election of a new rector, repairs 
to be made and paid for out of public 
treasury. 2 vol. 370 

Supervisors to give in their accounts to 
commissioners. 2 vol. 371 

Penalty in case of refusal or neglect. 
2 vol. 371 

Rector of Saint Dennis to be allowed 
one hundred pounds per annum. 2 vol. 372 

Granville county declared a distinct 
parish, by the name of Saint Helena. 2 
vol. 372 

Church of said parish to be built on 
Port Royal Island. 2 vol. 372 

Rector of Saint Helena, to be chosen 
as other rectors, and enjoy the same privi- 
leges. 2 vol. 373 

Salary of clerk and sexton of Saint 
Philip's.' 2 vol. 373 

£55 a year allowed for parish charges.. 
2 vol. 373 

Vestries of each parish may draw on 
the receiver for parish charges, as often 
as they think fit. 2 vol. 373 

If any part of the £40 shall remain^ 
it shall be applied to the relief of the poor. 
2 vol. 374 

Vestry of Saint Philip's parish to elect 
commissioners when they think fit. 2 vol. 
374 

Names of commissioners of Library 
Act. 2 vol. 374 

In case of death or absence of commis- 
sioners, the residue of them may elect 
others. 2 vol. 375 

Commissioners to meet on third Wed- 
nesday of March and October. 2 vol. 375 

All persons borrowing books, to return 
them ten days before said meetings. 2 
vol.375 

Librarian may refuse to lend books in 
certain cases, 2 vol. 37.5 

Catalogue to be made of parochial libra- 
ries. 2 vol. 376 

Penalty for neglect. 2 vol. 376 

The rector of Saint Philip's, Charles, 
town, to receive for his salary, yearly, 
£1')0 proclamation money, and the several 
rectors in the country, £100. 3 vol. 174 

The said salaries being unpaid for 21 
days, the rector may maintain an action 
against Receiver General. 3 vol. 174 



224 



ESTABLISHED CHURCH. 



Quorum of Church commissioners, re- 
duced to five. 3 vol 175 

Inhabitants of the parish to be assessed 
for maintenance of the poor. 3 vol. 175 

Public treasurer to refund the money 
drawn on him by the vestry, contrary to 
intent of church Act. 3 vol. 175 

Salaries granted by this Act, are in lieu 
of any former. 3 vol. 175 

A new church to be built in the parish of 
Saint George^s Dorchester. 3 vol. 350 

Persons to be appointed to collect funds. 
3 vol. 350 

Rector empowered to dispose of pews 
in said church. 3 vol. 351 

Land to the church, or a glebe to the 
rector, may be given. 3 vol. 351 

Parish of Saint Paul's to be divided, 
and Saint John's parish created of John's 
Island, Wadmalaw, and Edisto Islands. 
3 vol. 374 

Parish of Prince George Winyaw, to 
be also divided into Prince Frederick pa- 
rish and Prince George Winyaw. 3 vol. 
374 

Churches and parsonage houses to be 
built. 3 vol. 374 

Rectors, how chosen. 3 vol. 374 

Church wardens and vestry to repair 
and enlarge the present church of Saint 
George. 3 vol. 376 

May appoint persons to receive and 
collect money for the same, and may dis- 
pose of pews in said church. 3 vol. 376 

Any person may give land for the use 
of said church. 3 vol. 377 

Commissioners nominated to execute the 
former Act. 3 vol. 651 

Commissioners not to alter the bounds 
of parishes. 3 vol. 651 

How vacancies are to be filled. 3 vol. 
651 

Certain duties appropriated for finish- 
ing the church of Prince George Win- 
yaw. 3 vol. 756 

Limitation, three years. 3 vol. 756 

Commissioners empowered to set up 
pews in church of Prince William, and 
dispose of the same in fee simple. 4 vol. 3 

Largest contributor to have first choice 
of pews. 4 vol. 4 

Commissioners of Georgetown and Ec- 
haw, may erect pews and dispose of them 
as above. 4 vol. 4 

Pew money to be laid out on the 
church. 4 vol. 4 



£30 sterling, per annum, to be paid to 
such ministers whose salary has been re- 
duced, except in St. Michaers and St. 
Philip's. 4 vol. 21 

To be paid at the usual periods. 4 
vol. 21 

£700 per annum, currency money, to 
be paid to a minister at the Congrees, and 
as much to one at Fredericksburgh, or 
Pine Tree Creek, on Wateree. 4 vol. 21 

Ministers, how nominated. 4 vol. 21 

New church to be built in St. Paul's. 4 
vol. 22 

New church to be built in Saint John's 
Berkley. 4 vol. 24 

Appropriation to finish St. Michael's 
church, Charleston. 4 vol. 39 

The glebe land vested in the parson and 
church wardens of Saint Bartholomew, 
may be sold, and slaves bought. 4 vol. 
153 

In case of death of the parson, the 
church wardens and vestry to take care 
of the land and slaves. 4 vol. 153 

A parish church to be built for St. Ste- 
phen. 4 vol. 162 

Commissioners appointed. 4 vol. 163 

Vacancies. 4 vol. 163 

To build the church and dispose of the 
pews. 4 vol. 163 

Commissioners appointed to build a 
Chapel of Ease, near Wambaw Bridge. 
4 vol. 164 

Church to be built on new glebe land, 
in Saint Paul's. 4 vol. 186 

Trustees empowered to sell old glebe, 
on Wadmalaw Island, and purchase new. 
4 vol. 213 

Bounds of Saint Matthew's parish. 4 
vol. 230 

Church, chapel and parsonage house, 
to be built in said parish. 4 vol. 230 

Rector to receive the same salary as 
allowed in other parishes. 4 vol. 230 

Commissioners appointed to superintend 
the building of churches, <k.c. 4 vol. 231 

Members to be elected to the General 
Assembly from Saint Matthew's. 4 vol. 
231 

Loan of £1500 to church wardens of 
Saint Michael's parish. 4 vol. 303 

In case of failure to pay up the loan, 
<kc. 4 vol. 303 

Church wardens may lease or rent 
pews, &c. 4 vol. 304 

Parish church in Saint James Santee, 



ESTABLISHED CHURCH. 



225 



to be built near Wambaw Bridge. 4 vol. 
304 

Old church converted into a Chapel of 
Ease. 4 vol. 304 

Cornnaissioners appointed for building 
new church, &;c. 4 vol. 30.5 

How pews to be disposed of. 4 vol. 305 

Commissioners to sell the present, and 
purchase another glebe. 4 vol. 305 

Commissioners to build a new Chapol 
of Ease, &c. 4 vol. 305 

Church in Saint Paul's parish to bo ta- 
ken down, and another built. 4 vol. 433 

New church to be the parish church. 4 
vol. 434 

Commissioners appointed for St. James 
Santee. 4 vol. 680 

Chapels of Ease. 

See Saint James Santee. 

Chapel of Ease to t)e erected on the 
south-east side of Ilshaw Creek, in St. 
James Santee. 2 vol. 619 

Service therein, to be performed by the 
Rector of Saint James Santee. 2 vol. 
619 

Inhabitants mav make assessment. 2 
vol.619 

Chapel of Ease to be built at Childs- 
berry. 3 vol. 'Zh2 

One at VV'iltown, and one at Cox's 
plantation. 3 vol. 253 

A Chapel of Ease to be built at Cox'b 
plantation, in Saint Bartholowew's. 3 
vol. 253 

Appropriation for the same. 3 vol. 254 

Commissioners. 3 vol. 254 

One built at Childsberry, Strawberry 
ferry, for St. Juhns parish, by James 
Childs and others, established. 3 vol. 
252 

Rectors of St. John's to celebrate di- 
vine service at it every 4 Sundays. 3 
vol. 253 

One to be built at Wiltown, for St. 
Paul's, and one at Coxs plantation, in 
St. Bartholomew's. 3 vol. 253 

One to be built in the lower part of 
the parish of St. James, Santee. 3 vol.301 

Another in the upper part. 3 vol. 304 

Duties of Rector of St. James. 3 vol. 
304 

Commissioners appointed for building 
said chappels. 3 vol. 305 

One near Hoospa-neck, in St. Helena. 
3 vol. 438 

VOL. X.— 29. 



One at Beach-hill, St. Paul's. 3 vol. 
453 

Act to erect a new chappel in St. James 
Santee, repealed. 3 vol. 580 

Site of new chappel at Echaw. 3 vol. 
581 

One established at Edmonsbury, St. 
Bartholomew's. 3 vol. 651 

One erected at Pompion Hill, St. 
Thomas's. 3 vol. 099 

Church of St. Dennis, no longer to be 
a chappel of ease to St. Thomas. 3 vol. 
699 

Chapel at Echaw. 3 vol. 700 

Additional commissioners appointed. 3 
vol. 700 

One to be erected at Wambaw bridge, 
St. James Santee. 4 vol. 8 

Chapel of ease at Echaw, declared to 
be the parish church of St. James, San- 
tee. 4 vol. 9 

One on James Island. 4 vol. 25 

One to be built in parish of St. George. 
4 vol. 255 

Chapel of ease to be built in parish of 
Prince Frederick. 4 vol. 26S 

Commissioners for building one on 
Edisto island. Duties, &e. of Rector. 
4 vol. 318 

Commissioners for building one in 
Berkley county, at Markey's old field. 4 
vol. 319 

Vestry and Wardens. 

Vestry established for each parish, and 
who to be vestrymen, how to be elected, 
by whom and when. 2 vol. 242 
" Oath of vestry. 2 vol. 242 

Meetings and elections. 'Z vol. 244 

Power and duty of vestry and wardens 
over arrears, dues and repairs. 2 vol. 245 

May assess the parishioners. 2 vol. 
245 

Shall keep books and accounts. 2 vol. 
245 

To provide registry books. 2 vol. 243 

Table of marriages set up in each par- 
ish. 2 vol. 243 

Two church-wardens to be chosen an- 
nually tor each parish. 2 vol. 243 

Oath. 2 vol. 244 

Church-wardens to be chosen for each 
parish. 2 vol. 259 

The vestry to choose, in case of death. 
2 vol. 259 

Nine vestry-men and two church-war- 



226 



ESTABLISHED CHURCH. 



dens to be chosen in each parish. 2 vol. 
260 

Wardens, when to be chosen. 2 vol. 
259 

Two wardens and nine vestry-men in 
each parish to be chosen on Easter Mon- 
day. 2 vol. 260 

Vestrymen, how and when chosen. To 
take oaths, and to appoint a register. 2 
vol. 290, 368 

Wardens, and their oath. 2 vol. 291 

Meetings of the vestry. 2 vol. 292 

Their powers. 2 vol. 293 

In what cases they may draw upon the 
public receiver. 2 vol. 339, 373 

Wardens may order repairs. 2 vol. 
340 

Duty of wardens on the Lord's day. 2 
vol. 397 

The vestries and wardens of the seve- 
ral parishes, impowered yearly to nomi- 
nate overseers of the poor. 2 vol. 594 

Overseers and church-wardens to have 
the ordering and relieving of the poor. 2 
vol. 594 

Poor to be relieved out of such money 
and fines as shall bo given to their use, 
which, if not sufficient, once a year to 
reimburse church-wardens, by an assess- 
ment. 2 vol. 594 

A person resident in any parish three 
months, to be esteemed an inhabitant. 2 
vol. 595 

Proviso. 2 vol. 595 

A person removing from one parish to 
another, and it is feared he will be charge- 
able, may be removed to the parish from 
whence he came. 2 vol. 595 

Poor sick persons coming to Charles- 
ton for phvsicians, how provided for. 2 
vol. 595 

Poor persons having relations able to 
relieve them, to have an allowance from 
them. 2 vol. 595 

Poor children may be bound appren- 
tice. 2 vol. 596 

Church-w^ardcns and overseers to meet 
monthly. 2 vol. 596 

Register to be kept of names of per- 
sons receiving collections, to be laid be- 
fore vestry and parishioners. 2 vol. 596 

Church-wardens and overseers, once a 
year, to account before vestry. 2 vol. 596 

Fines and forfeitures in this Act, how 
recovered. 2 vol. 597 



Persons sued may plead general issue. 

2 vol. 597 

Two former Acts repealed. 2 vol. 597 

Vestry of Charleston to be reimbursed 
once a year by an assessment, and c£70 
over. 2 vol. 606 

Penalty on persons refusing to make 
such assessment. 2 vol. 606 

Assessment to be made in Charleston 
within one month after ratification of 
this Act. 2 vol. 606 

Parochial charges to be paid by order 
of the vestries, although not approved of 
by commissioners. 3 vol. 13 

Parsonage to be repaired by the vestry. 

3 vol. 175 

Inhabitants of the parish to be assessed 
for maintenance of the poor. 3 vol. 175 

Recital of the will of Richard Beres- 
ford. Legacy to vestry of St. Thomas. 
3 vol. 431 

Vestry incorporated. 3 vol. 432 

Account to be taken of this testamen- 
tary donation. 3 vol. 433 

Oath to be taken by vestrymen. 3 
vol. 433 

Vestry meeting, four times a year. 3 
vol. 433 

Vestry not to buy or sell any lands or 
slaves. 3 vol. 434 

Not to loan more than 1000 pounds to 
any one person. 8 vol. 434 

Treasurer to be chosen for one year. 3 
vol. 434 

Duplicates of treasurer's accounts to be 
transmitted to the Court of Chancery. 3 
vol.434 

Whole of the devised property to be 
vested in the vestry. 3 vol. 435 

School. master, usher and clerk to be 
chosen. 3 vol. 435 

Vestry may hold other bequests. 3 
vol. 435 

This Act to be deemed a public Act. 
3 vol. 436 

Of St. Thomas, enabled to put in exe- 
cution the trusts of Richard Bcresford's 
will. 3 vol. 516 

Of St. Bartholomew's, to dispose of 
the pews in the chapel of that parish. 4 
vol. 15 

Church. wardens and vestry of St. Bar. 
tlioloniew'g; may convey the pews of Ed- 
mundbury chapel, according to the a- 
mount of contributions. 4 vol. 95 



ESTRAYS. 



227 



Of St. Andrews, to dispose of the 
pews of that parish. 4 vol. 181 

Of St. Thomas and St. Dennis, to have 
power to sell glebes, &c. 4 vol. 584 

Vested with certain powers. 4 vol. 
584 

Proviso. 4 vol. 584 

Said vestry and church-wardens capa- 
ble of purchasing estates. 4 vol. 584 

May sue and be sued. 4 vol. 584 

May hold donations and devises of 
lands, moneys, &e. 4 vol. 585 

Power to appoint a minister, clerk, &c. 
during their pleasure. 4 vol. 585 

This Act to be given in evidence with- 
out special pleading. 4 vol. 585 

Powers of vestries and wardens of St. 
PauFs and St. Andrew's. 4 vol. 703 

Parish church of St. Andrew's to be 
repaired. 4 vol. 703 

Vestry of St. PaOTs empowered to sell 
a tract of land. 4 vol. 703 

Said vestries and church-wardens, may 
sue and be sued. 4 vol. 704 

May receive and hold gifts, and de- 
vises of land, &c. 4 vol. 704 

Mav appoint clergymen, &;c. 4 vol. 
704 

This a public Act. 4 vol. 704 

Vestry and wardens of Claremont 
church, authorized to sell a tract of land 
conveyed by Richard Richardson to the 
vestry, church-wardens and rector of St. 
Mark's parish, for a glebe. 5 vol. 98 

Vestry and wardens of St. Thomas, 
authorized to loan out the money arising 
from the Beresford bounty. 8 vol. 298 

Vestry and wardens of St. Thomas 
and St. Dennis, authorized to dispose of 
the French church. 9 vol. 225 



ESTIMATES. 
Of public expenses for 1723. 



3 vol. 



186 

(Charges of government calculated at 
£20,116, 16s. 6d. 3 vol. 244 

For the year 1733. 3 vol. 359 



ESTRAYS. 

See Horse Stealing. Cattle. 

Within 20 days, information to be giv. 
en to toll masters. The same to be pub- 
lished. Further proceedings. 3 vol. 605 

Duty of owners and managers of plan- 
tations. 3 vol. 605 



Consequence of omitting to give notice 
of stray horses. 3 vol. 605 

Penalties under 4 pounds, to be rccov- 
ered under the Act for trial of small and 
mean causes. 3 vol. 605 

How penalties to be applied. 3 vol. 
605 

Limitation to 5 years. 3 vol, 606 

iV[ay be taken up by any freeholder or 
agent on his own land. 5 vol. 6, 137, 
465 

To advertise in three days, at three 
pubiic places. 5 vol. 6, 137, 465 

Within seven days, io give information 
to niagistrate. 5 vol. 6 

Extended to ten days. 5 vol. 157, 
405 

Magistrate to issue his warrant to three 
disinterested residents, to ascertain the 
value of the estray, &;c. and to give cer- 
tificate thereof. 5 vol. 6, 137, 465 

Certificate to be sent to the clerk of 
the court, who shall atiix a copy on the 
door of the court-house, at the ne.xt court. 
5 vol. 6, 137 

Proceedings, if no owner shall appear. 
5 vol. 7, 1.37, 465 

How to proceed if valuation exceed 
ten pounds. 5 vol. 7, 157 

No stone horse to run at large. ' S'vol. 
7, 138 

How justices shall proceed where there 
are no countv courts. 5 vol. 7, 137 

Penalty for neglect of duty. 5 vol. 7, 
1.38 

Proceedings, if owner appear. 5 vol. 
138 

If no owner appear, how money to be 
api)ropriated. 5 vol. 138 

How persons taking up estrays to be 
compensated. 5 vol. 138 

Bonds given for estrays recoverable 
without an imparlance. 5 vol. 138 

Act of 27th March, 1787, " concern- 
ing estrays," repealed. 5 vol. 138 

Hogs, sheep, neat cattle or goats,. shall 
be appraised at the place taken up. 5 
vol. 465 

Certificate of appraisement to contain 
an accurate description of the colour, 
size, age, brands and marks of said es- 
tray. 5 vol. 465 

Magistrate shall enter the certificate at 
larsc in his toll book. 5 vol. 465 

Duplicate of the certificate shall be 
sent to the clerk of the court of the dis- 



228 



EVIDENCE. 



tnct, except for Charleston and Beaufort, 
who shall enter it at large, in a book kept 
for the purpose, subject to the examina- 
tion of any person. 5 vol. 465 

Clerk's fees for making such entries. 
5 vol. 465 

Notices to be put up in three different 
places in the district. 5 vol. 465 

But in case of horses, asses and mules, 
besides the above notice, it shall be ad- 
vertised in the Gazette nearest the place 
where taken up. 5 vol. 465 

Fee to printer for same. 5 vol. 466 

Compensation to Magistrates and Con- 
stables. 5 vol. 466 

Estrays may be put to moderate labour, 
as a compensation for keeping the siime. 
5 vol. 466 

Penalty for not pursuing the directions 
of this Act. 5 vol. 466 

The law of estrays, established in o.ich 
parts of the State as have had no county 
courts, declared the law of the whole 
State. 7 vol. 299 

To be sold in one month from time of 
being appraised, no owner appearing. 9 
vol. 53.^ 

Repealed. 9 vol. 537 

When to be sold. 9 vol. 601 

EVIDENCE. 

See Duelling. Protest. Witness. Mas- 
ter in Equity. Trial of small and mean 
causes. 

In what case a tradesman's shop. book 
shall be no evidence to recover a debt. 2 
vol. 511 

Intercourse of trailic between mer- 
chants and merchants, tradesmen and 
tradesmen. 2 vol. 512 

After 29th September, plantation debts 
may be proved on oath, before chief ma- 
gistrate. 2 vol. 570 

Proviso. 2 vol. 57] 

Debts to his Majesty may be proved in 
like manner. 2 vol, 571 

Penalty on false oath or affirmation. 2 
vol. 571 

When devise is to be void towards a 
witness, and when admitte.l in evidence. 
2 vol. 580 

Creditor may attest the execution of a 
will or codicil charging lands, (fee. with 
his debt. 2 vol. 580 

A legatee, having received or released 
his legacy, may attest the will. 2 vol. 581 



Provided, that in case of refusal, the 
person be barred forever, and in case of 
acceptance, he take it, whether the will 
be afterwards adjudged void or not. 2 
vol. 581 

If legatee died in the life time of the 
testator, or before acceptance or refusal 
of legacy, his testimony good. 2 vol. 
581 

Provided, that the credit of such wit- 
ness be liable to the same consideration 
as that of any other. 2 vol. 581 

No person after being examined as a 
witness, shall take any thing under the 
will or codicil. 2 vol. 581 

Cases to which this Act shall not ex- 
tend. 2 vol. 582 

Cases of devisee in possession for 2 
years, under former will of same testator. 
2 vol. 582 

Suits brought on wills before the Act- 
2 vol. 582 

Exception to above clause. 2 vol. 582 

What kind of possession necessary. 2 
vol. 582 

This Act made of force in all the Col- 
onies wherein the 29 C. 2 is of force, 
2 vol. 582 

Provided, the devise to which this Act 
relates shall have been since March 1, 
17^3. 2 vol. 583 

All exemplifications of records, all 
deeds, bonds or other specialties, all let- 
ters of attorney, procuration or other 
powers in writing, and all testimonials, 
which shall at any time hereafter be pro- 
duced in any court of judicature in this 
Province, and shall be attested to have 
been proved upon oath, under the corpo- 
ration seal of the Lord Mayor of Lon- 
don, or of any other mayor or chief offi- 
cer of any city, borough or town cor- 
porate, in any of his Majestj^'s dominions, 
or under the hand of the Governor and , 
public seal of any of his Majesty's Plan- 
tations in America, or under the notorial 
seal of any notary public, shall be deem- 
ed and adjudged good and sufficient in 
law, in any of th^- courts of judicature in 
this Province, as if the witnesses to such 
deeds were produced and proved the same 
viva voce. 3 vol. 285 

The authenticated probate of a will 
duly filed in any competent ecclesiastical 
court, is receivable in evidence in the 
courts of this Province. 4 vol. 102 



EVIDENCE. 



229 



Mode of authenticating the same. 4 
vol. 102 

But not to exclude testimony as to the 
validity of the will itself. 4 vol. 102 

Bill to perpetuate testimony. 4 vol. 
102 

Judges may empower commissioners to 
examine witnesses without the limits of 
the State, or persons who cannot attend 
court by reason of such sickness or iniir- 
mity as totally incapacitates such wit- 
ness from travelling, in order to appear in 
court. 5 vol. 45 

Such sickness, &c. to be proved before 
the judqe, by a certificate of some disin- 
terested, reputable person. 5 vol. 45 

Tei; -'ays notice to be given to the op- 
posite party. 5 vol. 45 

No foreign testimonial, probate, cerii- 
ficate, or other instrument under the seal 
of any foreign court of law, notary, or 
other magistrate, or person qualified to 
give the same, shall be received in evi- 
dence in the courts of this State, unless 
it shall appear that the courts of such 
foreign State receive in evidence similar 
certificates, &c. from this State. 5 vol. 
45 

Witnt ss is obliged to attend and give 
evidence on commission from other 
States. 5 vol. 248 

Judge "shall order subposna to be issued. 
5 vol. 248 

To be served two days before attend- 
ance required. 5 vol. 248 

Allowed 4s. and 8d. for every day of 
necessary absence from home, and his 
ferriages. 5 vol. 249 

To be paid by party obtaining commis- 
sion. 5 vol. 249 

Commissioners not to give up commis- 
sion till it is paid. 5 vol. 248 

Penalty for neglecting to obey subpoe- 
na, or refusing to answer. 5 vol. 249 

Commissioners not to commit, but must 
be done by Superior Court, on application 
to that elfect. 5 vol. 249 

Where commission is issued in this 
State to examiue a witness here, the 
court issuing the commission may also 
issue a subpa-na, to be served in the same 
way. The witness to have same pay 
and liable to the same penalties as in 
case of a commission from abroad. 5 
vol. 249 

Where the witness is unable to leave 



home by reason of age, infirmity or sick- 
ness, then he may be attended by the 
commissioners. 5 vol. 249 

Witness not compelled to go more than 
fifteen miles. 5 vol. 248 

Justices of the peace, in cases bi'fore 
them, may summon witnesses. 5 vol. 
250 

Not compelled to go more than twenty 
miles from home. 5 vol. 250 

Must be served 3 days. 5 vol. 250 

Witness refusing to attend, or to give 
evidence, may be punished, on applica- 
tion to the Circuit Court, as io cases of 
commission, besides liable to damages to 
the party. 5 vol. 250 

The irregular proceedings of the late 
county courts valid in law, and a trans- 
cript of their minutes may be given in 
evidence in Courts of Law or Equity. .5 
vol. 381 

Such transcript to be certified under 
the hand and sworn to by the person 
having them in charge i ince the abolition 
of the courts. 5 vol. 381 

Copies of entries from the treasury 
books, certified by the comptroller, to be 
as good evidence in the courts as the ori- , 
ginal books. 5 vol. 411 *• ' 

The signature to a bond or note may 
be proved by others than the subscribing 
witness, unless the defendant will swear 
that it is not his signature, or if he be an 
Executor or Administrator, that it is not 
that of his testator or intestate. 5 vol. 
435 

Office copies of grants of this State or 
North Carolina, may be given in evi- 
dence ; provided the person ottering to 
produce the office copy, swear that the 
original is lost, destroyed, or out of his 
power to produce, and that he has not 
destroyed, mislaid, or in any way willing- 
ly, previous to that time, put it out of 
his power to produce, with an intention 
to produce an office copy. 5 vol. 459 

Prisoner may be brought into court to 
give his evidence, by order of the court, 
without a habeas corpus, and after his 
evidence has been taken, shall bo remand- 
ed to the custody of the officer having 
him in keeping. 5 vol. 571 

Witnesses about to remove from the 
State, or living 100 miles off, may be 
examined by commission de bene esse. 
(See witness.) 6 vol. 44 



2.?0 



EVIDENCE. 



Exemplifications of wills, under Iho hand | 
of the Ordinnry and seal of the court in 
which such will may have been admitted 
to probate, or under the hand and seal of 
any other officer who has legal posses- 
sionofthe same, shall be admissible in 
evidence in any of the courts of law or 
equity in this State, whether the suit re- 
gards the title to real or personal proper- 
ty. G vol. 209 

The party offering such exemplification, 
to give to the opposite party, or his attor- 
ncy, at least 60 days notice of such his 
intention, previous to the trial. 6 vol. 

209 

The book accounts of tavern-keepers, 
shop-keepers, or retailers of spirituous li- 
quors, shall not be admitted, allowed, or 
received as evidence in any court having 
the right to try the same, of any debt 
contracted or monies due for spirituous 
liquors, sold in less quantity than a quart. 
6 vol. 318 

Where reference is had to the public 
scales in Columbia, on the same day that 
the contract of sale is made, the certifi- 
cate of the public weigher shall be con- 
elusive evidence of the weight of the <;ot. 
ton, or other article sold by weight, in any 
ctjurt of justice in which an action may 
be pending, touching the said scale. 6 
vol. 320 

The public scales to be the standard in 
Columbia, and persons punished for hav- 
ing them ditTerent. 6 vol. 320 

Whenever the testimony of any officer 
of the Lunatic Asylum is required in any 
court of justice, he may be examined by 
commission, nor shall his personal pre- 
sence be required, unless it shall be made 
to appear to the court by affidavit that 
justice cannot be done without such per- 
sonal presence in court. 6 vol. 382 

Ten days notice necessary, before a 
witness can be examined before the Mas- 
ter or Commissioner in Equity. 6 vol. 
411. 

Merchants's accounts copied from their 
books, compared before any justice ol" 
Charleston, certified and sworn to, admis- 
sible evidence in the county courts. 7 
vol. 168 

An attested copy of any Act or Ordi- 
nance of the General Assembly of this 
Province, signed by the Secretary of 



State, and attested copies of all records, 
sioned by the keeper of such records res- 
pectively, shall be deemed^m^Mowed for 
as good evidence, in ^^'vBfHl'^'^^ ^'^'^ 
Province;, as the original could or might 
have been, if produced to the said courts ; 
and also, all testimonials, probates, certi- 
ficates, and other instruments, under the 
great seal of this Province, or any of the 
other Governments in America, Bishop 
of any Dioccss, Lord Mayor of London, 
or Mayor or Chief Magistrate of any 
town corporate in Great Britain, Ireland, 
or any of the plantations or elsewhere, or 
under the court seal of any Notary Public 
of any of the places aforesaid, shall be 
likewise deemed and allowed to be good 
evidence, in any of the courts in this Pro- 
vince. 7 vol. 176 

Femes Coverts, sole traders, may prove 
their own books and accounts, as if sole. 
7 vol. 186 

All planters and other persons, keeping 
just and fair accounts, shall, in all suits 
whatsoever, be admitted and allowed as 
good evidence to prove their accounts, in 
such and the same manner as the mer- 
chants and shop-keepers in Charleston are 
admitted and allowed. 7 vol. 187 

In Chancery, to be taken in open court, 
7 vol.258 

Aged, sick or infirm persons, or wit- 
nesses out of the State, may be examined 
in the court of chancery by commission. 
7 vol. 259 

In what cases the evidence of a slave is 
sufficient against a slave ; and where cir- 
cumstances coroboratory are required. 7 
vol. 356 

What sufficient in cases of trespass or 
petit larceny ; and what in cases of life or 
limb, murder, di-c. 7 vol. 3.57 

Of a white person struck or maimed, 
admissible against a slave. 7 vol. 367 



EXAMINATION OF PRISONERS. 

Justices of peace shall examine persons 
arrested of any manslaughter or felony, 
&c. and bind their accusers to give cvi- 
dence against them. 2 vol. 483 

Justice shall examine him that is sus- 
pected, before he be committed to prison, 
2 vol. 483 

Binding of accusers to give evidence 
against prisoner. 2 vol. 483 



EXECUTION. 



231 



EXCHANGE AND CUSTOM HOUSE. 
To be built in Charleston. 4 vol. 257 



EXECUTION. 
See Deed. P/ocess. Shenff Sales. 
All fraudulent executions made to avoid 
the debt or duty ot" others, shall be void. 
2 vol. 497 

The lands and goods of him that dies 
in execution, shall be chargeable with the 
debts after his death. 2 vol. 512 

A new execution may be awarded 
against the lands and goods of him that 
dies in execution. 2 vol. 513 

This Act not to extend to lands sold 
bona fide. 2 vol. 513 

Touching staying executions by super- 
sedeas or writs of error, and in what ac- 
tions it may be stayed. 2 vol. 516 

Bond with sureties to be given before 
writ of error or supersedeas be granted. 
2 vol. 517 

In what actions execution may be stay- 
ed (by writ of error) by this statute. 2 vol. 
517 

Defendant to have double costs for de- 
lays of his execution by writ of error. 2 
vol. 517 

Popular actions upon a penal law, in- 
dictments, &c. not within this statute. 2 
vol.517 

In what court and cases judgment after 
verdict shall not be stayed for default in 
form of pleading. 2 vol.519 

Proviso for appeals, indictments, ac- 
tions upon penal laws, other than for cus- 
toms and subsidies. 2 vol. 520 

In what cases execution shall not be 
stayed by writ of error, but upon recogni- 
zance encered according to 3 Jac 1 c. 8, 
■ Carthew. 121. 3 Lev. 277. 2 vol. 520 
Proviso touching judgment in dower 
and ejectione firmae. 2 vol. 520 

To what actions this Act shall not ex- 
tend. 2 vol. 520 

See note. 2 vol. 744 
Writs of execution shall bind the pro- 
perty of goods, but from the time of de- 
livery to the officer. 2 vol. 528 

Not to issue on verdict on writ of en- 
quiry until 30 days after. 3 vol. 119 

Sales under execution, suspended for 
twenty days. All sales made during the 
twenty days, void. A temporary Act. 5 
vol. 1 ■ 

All judgments or decrees in law or 



equity on causes of action that bear inter- 
est, to continue to bear interest on the 
original cause of action, and the sheritf 
must be directed in the body of the 
execution to collect the interest. 6 vol. 4 
Lien for amount of such interest. 6 
vol. 5 

Execution may issue on any judgment 
or decree in law or equity, at any time 
within 3 years after signing or enrolment 
thereof, without any revival of the same. 
6 vol. 5 

No sherilTor his deputy shall purchase 
^"y j"*^'g'"cnt, decree or execution of any 
court, lodged in his office, or cause the 
same to be done, directly or indirectly, 
under forfeiture for every sucli offence of 
treble the amount of money arising from 
such judgment, decree or execution. 6 
vol. 213 

One half of the forfeiture to the State 
and the other to the person who informs 
or sues for the same, to be recovered in 
any court. 6 vol. 214 

Articles exempted from execution for 
debt — viz ; to each family 2 beds, with 
necessary bedding; 2 bedsteads ; 1 spin- 
ning wheel and 2 pair of cards ; 1 loom ; 
and 1 cow and calf; if a farmer, the ne- 
cessary farming tools ; if a mechanic, the 
tools of his trade ; the ordinary cooking 
utensils, and $10 worth of provisions. 6 
vol.214 

All executions, scire facias, and other 
process in the court of sessions, to be is- 
sued by the clerk, who is to receive the 
fees for the same. 6 vol. 316 

Execution to be made returnable "ac- 
cording to law," instead of a day fixed ; 
and shall, without renewal, have active 
energy, to all intents and purposes, from 
the time it shall first be lodged, until the 
regular term of the court from which it 
was sued, which shall follow next after 
the full completion of four years from its 
lodgment ; and no tax shall be allowed 
for renewing it during that time. 6 vol. 
324 

The same may be renewed, at any 
time within 3 years after the expiration of 
its active energy as aforesaid, with the 
usual costs ; and when renewed, shall be 
subject to the foregoing rules. 6 vol. 325 
Returns to be made by the sheriff or 
coroner, as if the execution was returna- 
ble to each term. If fully executed, he 



.232 



EXECUTION. 



shall return the process, with the manner 
of its execution ; if partially executed, he 
shall return on oath to the clerk or regis- 
ter in equity, a statement in writing, un- 
der his hand, of such partial execution, 
with reason of his failure as to the re- 
mainder. 6 vol. 325 

If he has wholly failed to make execu- 
tion, he shall return on oath a statement 
in writing, under his hand, of his failure, 
with the reasons. 6 vol. 325 

In any event, on the first day of the 
term at which the active energy of the 
process shall cease, he shall return the 
process, if the same shall not have been 
before returned as fully executed or with- 
drawn from him. 6 vol. 325 

The returns made as aforesaid, shall, 
for the tixing of bail and all other purpo- 
ses, have the same legal effect as if the 
process had been made returnable to the 
term succeeding its first lodgment, and 
renewed after each subsequent regular 
term. 6 vol. 325 

Any person having a right to controul 
final process, wishing to withdraw it from 
the hands of the Sheriff or other officer, 
the Sheriff or officer shall be bound, after 
three days notice from such person, to 
return the process, at any time during its 
active energy ; which if not fully execu- 
ted may be lodged again in the same or 
any other district, at any period during 
its active energy ; and when so lodged, to 
be subject to the rules herein provided. 6 
vol. 325 

Penalty for not making returns, the 
same as heretofore ; and for false return, 
failure to execute, or other neglect, the 
officer shall be liable as the Sheriff has 
heretofore been. 6 vol. 325 

Any Judge of the Circuit Court, or of 
Appeals, or any Chancellor, in open 
Court or at Chambers, may appoint a 
person to execute any writ or process 
against the Sheriff, where sufficient rea- 
sons are shewn to him why the Coroner 
cannot or should not be employed, or 
where there is no Coroner, or that he will 
not act, at the instance and wish of any 
person having a right to controul such 
process. 6 vol. 325 

Such person, having accepted the ap- 
pointment, to receive the process from the 
Coroner, or other person having it in pos- 
session, and as to 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. 6 vol. 
325 

So much of the Act of 1720, as pro- 
hibits execution from being granted on 
actions commenced by copy writ left at 
defendant's residence, until thirty days 
after judgment signed, repealed. 6 vol. 
326 

The leaving of a summons at the most 
notorious place of a defendant's residence, 
shall hereafter be a legal service, within 
the said parishes ; ^:?ro^vWe^, no execu- 
tion shall issue thereon (when judgment has 
been given hy default^ until jive days after 
the rendering of such judgment. 6 vol. 
388 

To run into all the counties, and be 
returnable to the court where issued. 7 
vol. 175 

Where payment of money is decreed 
by the court of chancery, the usual pro- 
cess for compelling the party to perform 
the decree, or a writ in nature of s. fieri 
facias, to make the estate, both real and 
personal, liable to satisfy the decree, may 
be taken out by the party, in the same 
manner as in court of common pleas. 
And the sheriff shall have the same power 
and authority to sell and convey, as he 
has on ^fi.fa. from the court of common 
pleas ; and to take the same fees. 7 vol. 
211 

Mode of re-taking a prisoner under ex- 
ecution, if he escapes from a county pri- 
son. 7 vol. 225 

When prisoner has been imprisoned, 
the sheriff may require security of the 
plaintiff for his maintenance. 7 vol. 226 

Persons obtaining judgments in the 
county courts, at their option may sue 
forth a fi. fa. or ca. sa. within twelve 
months from obtaining the judgment, 
against the estate or body of the defen- 
dant. 7 vol. 226 

To be issued by the clerk of the court, 
and returnable to the succeeding court, 
having thirty days between the test and 
return, or to some court day within nine- 
ty days after the test. 7 vol. 227 

Forms of executions in various cases. 
7 vol. 227, 228 

Forms of return. 7 vol. 228 

If debtor die in prison, plaintiff to have 



EXECUTION. 



233 



a new execution against his estate. 7 vol. 
228 

A second execution, fi. fa. or ca. sa. 
may issue, when the first remains unexe- 
cutied. 7 vol. 228 

Fi. Fa. binding efficacy to commence 
when delivered to the sherifi'. 7 vol. 229 

Sheriff to endorse the time on it when 
received. 7 vol. 229 

Property taken in execution, how to be 
sold. 7 vol. 229 

SheritTs of the county courts may let 
the property remain in the hands of the 
defendant, if he gives bond and security 
to produce it on the day of sale. 7 vol. 
229 

No lands, tenements or slaves, to be 
taken in execution from the county 
courts, or distrained for taxes, levies or 
officers' fees, where other goods and chat- 
tels are shewn by the defendant to the 
sheriff, sufficient to satisfy the debt. 7 
vol. 229 

Nor shall he distrain on a slave when 
other sufficient distress can be found. 7 
vol. 225 

If the goods taken by the sheriff shall, 
any part thereof, remain in hand for want 
of buyers, he shall make return according- 
ly, and a writ o^ venditioni exponas be is- 
sued, directing him to sell them. 7 vol. 
229 

Fi. fa. or ca. sa. from the county courts, 
may issue into any county where the deb- 
tor may remove, or his lands, tenements, 
goods and chattels, mav be found. 7 vol. 
230 

The process to be returned by the offi- 
cer of the county serving it, to the court 
where the judgment was given. 7 vol. 
230 

Executions to issue from the court of 
the district in which judgment is obtained, 
and served by the sheriff of the district 
where the defendant is found or resides. 
7 vol. 254 

All executions from the circuit court, 
to issue from the court where judgment is 
obtained, and to be tested in the neme of 
the chief justice or senior associate judge, 
signed by the clerk and served by the 
sheriff or his deputy, in the district where 
the defendant or his property is found. 7 
vol. 262 

When to be returned to the different 
courts. 7 vol. 263 

VOL. X— 30. 



The sheriff to return them on the day 
to the clerks, and he shall deliver them to 
the plaintiff's attorney. 7 vol. 263 

To be returned, on oath, by the sheriff, 
ten days after the return day, with a full 
and particular account of the levies or 
sales made by him, and of the money in 
his hands. 7 vol. 264 

Under Sum. Pro. may be levied on real 
property, as other executions. 7 vol. 282 

AH executions issued after 1st. January 
1800, from any district court, shall be 
issued from the court where the judgment 
was obtained, be tested in the name of 
the senior associate judge, signed by the 
clerk, with the seal of the court, and 
served by the sheriff or deputy of the dis- 
trict where defendant lives or his property 
lies. 7 vol. 294 

Penalty for Sheriff or Coroner not re- 
turning executions according to law. 7 
vol. 296 



EXECUTORS AND ADMINISTRA- 
TORS. 

Executors of Executors shall have the 
benefit and charge of the first testator. 2 
vol. 439 

•To whom the Ordinary may commit 
the administration of the goods of him 
who dieth intestate. 2 vol. 440 

Idemptitate nominis maintainable by 
executors of a testator wrongly molested 
by an outlawry. 2 vol. 448 

Remedy for executors against servants 
that embezzle their master's goods after 
his death. 2 vol. 451 

Coaler's forfeiture for setting at liberty 
a prisoner committed to his custody by 
force of this statute. 2 vol. 451 

Executors shall have an action of tres- 
pass for a wrong done to their testator. 2 
vol. 425 

See Note. 2 vol. 716 

Sale of lands by part of executors, law- 
ful. 2 vol. 457 

Land devised to be sold by divers exe- 
cutors, cannot by common law be sold by 
part of them. 2 vol. 457 

But by this statute part of the execu- 
tors, who take upon them the charge of a 
will, may sell any land devised by the 
testator to be sold. 2 vol. 458 

Wills made before this statute. 2 vol. 
45S 



234 



EXECUTORS AND ADMINISTRATORS. 



See Note of various cases relating to 
executors <kc. 2 vol. 718 

Fraud practised in taking of adminis- 
trations to deceive others of their lawful 
debts. 2 vol. 506 

By fraudulent administration of Intes- 
tates goods, the party shall be charged as 
executor of his own wrong. 2 vol. 507 

Allowance of just debts, and other law- 
ful payments. 2 vol. 507. 

Where any judgment after a verdict 
shall be had, by or in the name of any 
executor or administrator, in such case 
an administrator de boms non may sue 
forth a scire facias, and take execution 
upon such judgment. 2 vol. .521 

Executors and administrators of execu- 
tors in their own wrong, liable as their 
executor or intestate had he been living. 
2 vol. 529 

The 30 Car. 2, st. 1 c. 7, about recovery 
against executors de son tort, continued. 
2 vol. 552 

Devdstatit against executors bv right. 

2 vol. 553 

Suits against executors and administra- 
tors, to be brought within two years after 
the death of the testator, or cause of ac- 
tion. 2 vol. 586 

Liable for the tax assessed, if property 
comes into their hands. 3 vol. 79 

For what taxes liable. 3 vol. 154 

Made liable in case of assets, to pay 
taxes. 3 vol. 211 

What discounts allowed for and against. 

3 vol. 342 

Qualifying, shall, on oath, produce to 
the appraisers all the goods and chattels 
of his testator or intestate. 3 vol. 666 

Appraisement to be made in 60 days. 
B vol. 666 

Inventory to be returned to Secretary 
of State's office in Charleston. 3 vol. 666 

How chargeable with such goods. 3 
vol. 666 

No executor or administrator to take 
any part of the estate at the appraise- 
ment. 3 vol. 667 

Guardians and trustees to infants' es- 
tates, to render an account on oath, &cc. 
(altered.) 3 vol. 667 

No person to act as appraiser until 
sworn. 3 vol. 667 

Appraiser's oath. 3 vol. 667 

Administration being granted to any 
person as principal creditor, it shall be in 



trust for all the creditors. 3 vol. 6G7 
Executor or administrator, neglecting 

his duty, liable for all the debts as Ex'or 

de son tort. 3 vol. 668 

Executors not being satisfied may bring 

their action for additional commissions. 

3 vol. 668 

How commissions to be divided. 3 
vol. 668 

Where wills cannot be found, ordinary 
may grant letters of administration, on 
party swearing that he believes will to be 
lost, &c. until the will be found, 1778. 4 
vol, 429 

How affidavit of the loss to be taken. 

4 vol. 429 

Where Testator directs by his will, 
lands to be sold, without appointing any 
one to sell them, the Executors, or a 
majority of such as qualify, may sell and 
convey. 5 vol. 15 

In case the Executor or Executors die, 
or renounce according to law, then the 
Administiator or Administrators, with the 
will annexed, shall sell as directed by the 
will. 5 vol. 15 

Where no Executor is left in a will, or 
the Executor refuses to qualify, letters of 
Administration shall be granted, with the 
will annexed, to such person as would 
be entitled in case of intestacy. 5 vol. 
107 

Where any will shall be proved, or let- 
ters of Administration applied for, E.xecu. 
tors or Administrators shall make out an 
inventory of the personal estate, the Or. 
dinary shall appoint three or more free- 
holders, who shall a|)praise the same on 
oath, which shall be returned to the Ordi- 
nary in such time as he shall limit. 5 
vol. 108 

If goods lie in several districts, the 
Court having jurisdiction shall order the 
appraisement and appoint the appraisers 
in each District, which shall be transmit, 
ted to the Court where the will was re. 
corded, or Administration granted. 5 vol. 
108 

Every appraisement so made, may be 
given in evidence against the Executor or 
Administrator, but shall not be conclusive. 

5 vol. 108 

Fees of Appraisers. 5 vol. 108 
Where Executor or Administrator die 
intestate, not having fully administered, 
the same Court by which former probate 



EXECUTORS AND ADMINISTRATORS. 



235 



Or letters were granted, shall determine 
the right and grant letters de bonis non. 
5 vol. 108 

Person dying intestate, and Executors 
refusing to qualify, who shall then be en- 
titled to administer. 5 vol. 108 

Copy of probate, or order respecting the 
administration, shall be given to the Ex- 
ecutor or Administrator, Yi^hich shall enti- 
tle them to maintain actions. 5 vol. 109 

Administrator or Executor, or their 
sureties, liable for taking insufficient sure- 
ties at their sales. 5 vol. 109 

Oaths of the Executor or Administra- 
tor, with the wiH annexed. 5 vol. 109 

Form of their bond. 5 vol. 109 

Oath of Administrator to be taken in 
open Court. 5 vol. 110 

Form of his bond. 5 vol. 110 

Sureties of Administrator may petition 
to be discharged, and such order, made as 
may give relief. .5 vol. Ill 

Debtor being made Executor, does not 
release or extinguish his debt. 5 vol. Ill 

Order in which debts of Testator or In- 
testate shall be paid. 5 vol. Ill 

1st. Funeral and other expenses of the 
last sickness, and charges of probate, or 
of letters of administration. 

2d. Debts due to the Public. 

3J. Judgments, mortgages and execu- 
tions, the oldest tirst. 

4th. Rent. 

5th. Bonds or other obligations. 

6th, and last. Debts due upon open 
accounts. 

No preference to be given to creditcs 
in equal degree, where tiiere is a deficien- 
cy of assets, except in cases of judgments, 
mortgages that shall be recorded, from 
the time of recording, and executions 
lodged in the Sherifi''s office, the oldest to 
be paid first, and those cases where a 
creditor may have a lien on any particu- 
lar part of the estate. 5 vol. Ill 

Where any person, (not a citizen of 
this State) has died, or shall die, already 
indebted to a citizen of this State, the 
assets and efiects within the same, being 
sufficient for the payment of all his debts, 
shall be liable to discharge the debts due 
the citizens of the State, in the same 
manner as if the same had been liqui- 
dated by bond or other specialty. 5 vol. 
86. 

Executors and Administrators to give 



three weeks notice, by advertisement in 
the State Gazette, or at three places of 
the most public resort in the Parish or 
County, for creditors to render their de- 
mands, and shall be allowed twelve 
months, to ascertain the debts due to and 
from the estate, to be computed from pro- 
bate or letters. 5 vol. Ill 

Creditors neglecting to give in their 
claims in time prescribed, the Executor 
or Administrator not liable to make good 
the same. 5 vol. Ill 

No action to be commenced against 
Executor or Administrator, to recover 
debts due, until nine months after the 
death of the Testator or Intestate. 5 vol. 
112 

Executors and Administrators, annual- 
ly, to render in their accounts to the first 
Court of the County held (or Ordinary) 
after the 1st January ; return to be made 
io the same Court that granted probate, 
&c., on oath. 5 vol. 112 

If tliey neglect to make returns as re- 
quired, not allowed commissions and 
liable for damages. 5 vol. 112 

Allowed 50s. for every £100 they shall 
receive or pay away in debts, credits- 
legacies or otherwise, and in proportion 
for lesser sums — provided, that in letting 
out moneys upon interest, and again re- 
ceiving it back, they shall not take or 
retain more than 20s. for every £10 of 
interest, and in the same proportion for 
larger or lesser sums. 5 vol. 112 

Shall not be allowed commissions for 
retaining any debt or legacy to them- 
selves. 5 vol. 112 

Commissions to be divided between 
executors or administrators, if they do not 
agree, by the Ordinary, in proportion to 
their respective services. 5 vol. 112 

If a person not executor or administra- 
tor, possesses himself of the goods of ano- 
ther, he is liable as executor of his own 
wrong, and may be cited before the Ordi- 
nary to make discovery and give account 
of all the goods, &c. and be made charge- 
able and liable in his own wrong as an 
executor at common law. 5 vol. 113 

The executor or administrator of an 
executor of his own wrong, shall be liable 
and chargeable in the same manner as 
their testator or intestate would have been,' 
if alive. 5 vol. 113 



236 



EXPORTS. 



No executor or executrix shall take 
upon him or herself, the administration of 
any will or devise, unless he or she shall 
be of the full age of twenty-one years. G 
vol. 237 

On all sales of personal property, here- 
after to be made by executors and admin- 
istrators, they shall first obtain an order 
from the Court of Ordinary, or the Court 
of Equity ; and no sale hereafter made 
without such order, shall be valid in law 
or equity, except it be directed, by the 
will. 6 vol. 238 

The right of administration to be de- 
termined by the president and majority of 
his court, in the county courts. 7 vol. 
172 

So all disputes concerning wills and ex- 
ecutorships. 7 vol. 172 

Saving a right of appeal to the Gover- 
nor, to whom shall be sent all letters of 
administration, or letters testamentory, 
for his signature. 7 vol. 172 

To take sufficient bond with good sure- 
ties, for the due administration of the in- 
testate's estate, which shall be recorded in 
the court. 7 vol. 172 

The county court to compel them to 
account where they are suspected of 
squandering the estate of minors, and to 
give bond to account to the minor when 
he comes of age, for so much of the 
estate as came into their hands ; the bond 
to be given to the President in trust for 
the minor. 7 vol. 173 

Where there are two or more, and one 
has left the State, or resides out of the 
State, a creditor may sue all the execu- 
tors or administrators, naming the execu- 
tor or administrator who is out of the 
State ; and the writ being served on those 
within the State, the suit shall be deemed 
good ; saving only, that judgment in such 
cases shall not extend to work any devas- 
tavit upon the person or persons so absent, 
or to effect them in their private right. 7 
vol. 282 



EXIGENT. 
Process of exigent shall be awarded in 
debt, detinue and replevin. 2 vol. 439 



EXECUTORS IN THEIR OWN 
WRONG. 

See Executors and Administrators. 



EXEMPLICATION OF RECORDS. 
From a foreign country, how proved. 
3 vol. 285 



EXPORTS. 

Of corn, pease, small rice, flour and 
biscuit, prohibited. 3 vol. 706 

Exportation of corn, pease and small 
rice, forbidden for twelve months. Penal- 
ties. 3 vol. 780 

Except for provision for the vessel. 
3 vol. 780 

Masters of vessels to enter into bond to 
the collector. Condition of the bond. 3 
vol. 780. 4 vol. 110 

Suits to be commenced within nine 
months. 3 vol. 780 

Treasurer, Comptroller and Waiter, may 
enter and search vessels, and seize unlaw- 
ful part of the cargo, for use of the poor. 
3 vol. 780 

Owners of coasting boats to give bond. 

3 vol. 781. 

Condition of the bond. 3 vol. 781 

Suits thereon to be commenced in 12 
months. 3 vol. 781 

Exportation of provisions and warlike 
stores, prohibited for nine months. 4 
vol. 17 

Exportation of provisions, prohibited 
for eight months. 4 vol. 109 

Except the necessary provisions of the 
vessel, and provisions brought in and not 
landed, and brought by a person having a 
licence or permit for exportation. 4 vol. 
110 
Vessels informed against, may be search, 
ed. 4 vol. Ill 

Decked perriaugas and coasting boats. 

4 vol. Ill 

Suits for penalties, to be brought within 
12 months. 4 vol. Ill 

Suits against officers acting under this 
Act, to be commenced within 3 months. 
4 vol. Ill 

General issue may be pleaded and this 
Act given in evidence. 4 vol. Ill 

No corn or peas to be exported. 4 vol. 
233 

Of raw hides and tanned leather, pro- 
hibited for one year. 4 vol. 376 

Exportation of provisions prohibited, 
(1778.) 4 vol.447 

Of hemp, cordage, beef and pork, pro- 
hibited. 4 vol. 448 

Articles not to be exported. 4 vol. 480 



FAIRS. 



237 



Penalty, and mode of trial. 4 vol. 480 

Ships not to be laden without a per- 
mit. 4 vol. 480 

Collectors can grant permits. 4 vol. 
481 

Procuring permit. 4 vol. 481 

Proviso. 4 vol. 481 

Oath may be administered by collector, 
to captains. 4 vol. 481 



EXPOSITION AND PROTEST OF 
THE STATE. 

Against the Tariff of Protection, re- 
ported by the committee, but was never 
considyred or adopted by the Legislature. 
1 vol. 247, 273 



EXTRA COURTS, (OF EQUITY.) 
If the busines on the circuits so accu- 
mulates as to require an extra court, the 
judge who is unable to dispose of the 
business, shall order an extra court, at a 
convenient time, and one of the chancel- 
lors, or if unable, one of the appeal judg- 
es, (of law and equity,) shall hold the ex- 
tra court. 7 vol. 329 



EXTRA COURTS, [OF LAW.] 
An extra court may be orded by the 
circuit judge, to finish the business he has 
been unable to dispatch, and he shall re- 
turn and hold the extra court, unless pre- 
vented by sickness or other cause, when 
any other circuit judge most convenient 
shall attend and hold the court ; and the 
judge ordering the court, shall order juries 
for that and the regular court. 7 vol. 329 
Clerks to draw juries for extra courts. 
7 vol. 330 



EYES. 
Felony to cut out the tongue or pull 
out the eyes of the King's li^ge people. 2 

448 



FACTORS. 

May sue in their own names, for any 
debt due for any wares, goods or mer- 
chandize, by them sold for their princi- 
pals. 7 vol". 185 

Their suit to bar any suit to be brought 
by the principal. 7 vol. 185 



FACTORAGE. 



See Taxes. 



FACULTIES. 



See Taxes. 



FAIRS. 

See Radnor. Childsherry. Winnsho' 
rough. Belleville. 

Two annually to be held at Childsberry. 
3 vol 204. 

Director or rulers to hold a court of 
Pie Poudre. 3 vol. 205 

ToUgatherer's fees and duties. 3 vol. 
205 

No person to be arrested during time of 
Fairs. 3 vol. 206 

Fines not over £10, how to be recover- 
ed. If above £10. 3 vol. 206 

When this Act is to be of force. 3 vol. 
206 

Two fairs to be held, annually, in Dor- 
chestertown. 3 vol. 215 

Director or rulers of fairs, to hold a 
couxi o^ pie poudre. 3 vol. 215 

What they shall observe. 3 vol. 215 

Tollgather's fees and duties. 3 vol. 
216 

No person to be arrested during time 
of fairs. 3 vol. 216 

Fines not exceeding £10, how to be re- 
covered. Above £10. 3 vol. 216 

When this Act to be of force. 3 voL 
216 

Two to be kept, annually, in Ashley 
River Ferry Town. 3 vol. 217 

Director or rulers of fairs, to hold a 
court of pie poudre. 3 vol. 218 

What they are to observe. 3 vol. 218 

Tollgalherer's fees fees and duties. 3 
vol. 218 

No person to be arrested during the 
time of the fairs. 3 vol. 219 

Fines not exceeding £10, how to be 
recovered. Above £10. 219 

When this Act is to be of force. 3 
vol. 219 



FAIRFIELD. 
County created in 17S5. 4 vol. 662 
Dividing line betweeen it and Chester 

and Richland. 5 vol. 317 

Commissioners appointed to run the 

line between it and Kershaw. 5 vol. 345 



FALSE IMPRISONMENT. 
One year allowed to bring action of. 3 
vol. 585 



238 



FEES. 



FALSE RETURiNS. 
What shall be done with those who 
make false returns of writs. 2 vol. 423 



FARR, W. B. 

His bond to the late tax collector of St. 
Andrew's, to be given up by the Comp- 
troller to his administrator. 5 vol. 426 



FAUST & ANTONIO. 

Certain lots in Columbia to be convey, 
ed to them by the Superintendant of pub- 
lie Works. 6 vol. 109 

Certain streets in Columbia, near the 
Columbia Canal, to be conveved to them. 
6 vol. 267 



FAUST'S COLLECTION. 
Of the laws, sum allowed for printing. 
5 vol. 594 



FAYAL. 



See iVincs. 



FEDERAL COURT- 
Governor to appoint agents in behalf 

of this State to a Federal Court. 4 vol. 

753 

Governor may draw for expenses. 4 

vol. 753 



FEDERAL JUDICIARY. 

Report of the committee concerning. 
1 vol. 228 

Dr. Ramsay's report and resolutions. 1 
vol. 230 

Exposition and Protest. 1 vol. 264 



FEDERAL RELATIONS. 
See State Rights. 

Dr. Cooper's observations on. 1 vol. 
201. 

FEES. 
Governor's. 2 vol. 3, 39, 40, 87, 144 
Surveyor GeneraFs. 2 vol. 5 
Clarke of the Peace and Crown. 2 

vol. 5 

Coroner. 2 vol. 6. 

Clarke of Parliament. 2 vol. 6 

Otiicers to abide by the table of fees. 2 

vol. 4 

Table of fees to be kept. 2 vol. 4 
Judges of the court of common pleas. 

2 vol. 87 



Attorney's fees. 2 vol. 88 

Register of births, marriages, die. 2 
vol. 88 

Under Sheriff's. 2 vol. 88 

Register's. 2 vol. 89 

Provost Marshall and Secretary. 2 
vol. 89 

Clerk of the Crovvn. Surveyor General. 
2 vol. 90 

Coroner, Governor and Council, Judge 
of Admiralty, Clerk of Admiralt)^, Mar- 
shall of the Admiralty. 2 vol. 91 

Clerk of Assembly. Special Courts. 
Clerk and Attorney. 2 vol. 92 

Forfeiture for taking more fees than 
herein directed. 2 vol. 86, 143 

Justice's and Marshal's. 3 vol. 131 

Provision for cases where no fees ap- 
pointed in the table. 2 vol. 87, 144 

Table to be set up in the offices. 2 vol. 
37, 144 

Judge's fees. Attorney's fees. 2 vol. 
145 

Register of births, &c. Under sheriff 
or marshal. Registers. Provost Marshal. 
2 vol. 146 

Secretary of State. Clerk of Crown 
and Peace. 2 vol. 147 

Surveyor General. Coroner. Judge of 
Admiralty. Clerk of admiralty. 2 vol. 
148 
Marshal of Admiralty. Clerk of Church 
of England. Sextons. 2 vol. 149 

Ratification. Frequently revived. See 
note. 2 vol. 149 

Coroner's. 2 vol. 272 

Register's. 2 vol. 291 

No justice to demand higher fees than 
herein appointed. 2 vol. 331 

Fees not in the table, to be limited by 
the chief Justice. 2 vol. 331 

Penalty for taking greater. 2 vol. 331 

Fees enumerated. 2 vol. 331 

Governor and Judges to receive their 
fees in current money, at five to one. 3 
vol. 373 

Of the different officers of the State, 
and of the courts, in 1736. 3 vol. 414 

To be paid 5 s. for 1, proclamation mo- 
ney. 3 vol. 423 

To continue three years. 3 vol. 423 

Of clerks, magistrates and constables. 
4 vol. 499 

Former fees trebled. 4 vol. 500 

Penalty for extortion. 4 vol. 500 

Limitation to one year. 4 vol. 500 



FEES. 



239 



To the Surveyor General, &c. 4 vol. 592 

Secretary of State's. 5 vol. 153 

Masters and Commissioners in Equity. 
5 vol. 153 

Ren;ister and Commissioners iu Equity. 
5 vol. 153 

Solicitors's fees in Equity. 5 vol. 154 

Attorney's in the Superior Courts of 
Law. 5 vol. 154 

Attorney's in extraordinary cases. 5 
vol. 154 

Defendant's attorney. 5 vol. 155 

Attorneys in the county courts. 5 vol. 
155 

Clerks of the supreme courts of law. 
5 vol. 155 

Clerks of the special courts of law. 5 
155 

Attorney General. 5 vol. 156 

Clerk of the Sessions and Peace. 5 vol. 
156 

Sheriffs. 5 vol. 156 

Coroner. 5 vol. 157 

Justice of the peace. 5 vol. 157 

Constables. 5 vol. 158 

Notary Publics. 158 

Clergy of every settled church , of every 
(denomination. 5 vol. 158 

Surveyor General. 5 vol, 158 

Deputy Surveyor. 5 vol, 158 

Powder receiver and inspector. 5 vol. 
158 

Clerks of the Senate and House of Rep- 
resentatives. 5 vol. 158 

Commissioners of Location. 5 vol. 159 

Register of Mesne Conveyance. 5 vol. 
159 

Ordinary. 5 vol. 159 

County attorney. 5 vol. 159 

County court clerk. 5 vol. 159 

Fees for letters of administration grant- 
ed by the county court. 5 vol. 160 

Penalty on officers taking unlawful 
fees. 5 vol. 160 

No person to pay fees unless he has 
given him a written statement of them. 
5 vol. 161 

Clerks and sheriffs to collect their own 
fees, unless plaintiff reside beyond the 
limits of the State, when his agent or 
attorney si-all be answerable for payment 
of said fees. 5 vol. 161 

All former Acts relating to fees, re- 
pealed. 5 vol. 161 

This Act to continue in force 4 years. 
^ vol. 161 



Fee bill of 1791, re-enacted. 5 vol. 
265 

Attorneys shall render a true and faith- 
ful account, every six months, of all 
clerks fees received by them, and pay 
over tne same. 5 vol. 265 

When called upon, shall, once in every 
six months, shew their dockets, or some 
other lull and true account of all suits 
ended, in which cases the clerks may 
issue their execution for costs, and the at- 
torneys shall furnish them with their pla- 
ces of residence. 5 vol. 265 

The fee for recording a plat in a case 
shall be determined by the court before 
costs are taxed. 5 vol, 265 

Clerks of Charleston to receive one 
shilling for recording every judgment 
mentioned in the circuit dockets. 5 vol. 
265 

All fees which accrue after first exe- 
cution, to be paid in cash. 5 vol. 265 

Clerk allowed one shilling for each exe- 
cution. 5 vol. 266 

Sheriff, for each prisoner confined and 
dieted in goal, 37^^ cents per diem, in 
lieu of all other claims. 5 vol. 500 

How sheriffs are to charge for adverti- 
sing. 5 vol, 571 

Only half costs allowed in sum. pro. on 
contracts not exceeding fifty dollars. No 
person liable to pay these costs, unless an 
account containing all the items be taxed 
and certified by the clerk. 5 vol. 596 

Penalty for overcharge, fifty dollars — 
half to party aggrieved, and half to State. 
5 vol. 596 

No magistrate or constable allowed fees 
in criminal cases, unless the proceedings 
have been returned to the clerk of the 
court, and unless bills of indictment have 
been preferred, or the proceedings stop- 
ped at the instance of the State ; but this 
rule is not to extend to fees which any 
magistrate or constable may be entitled 
to on the trial of slaves or persons of 
color. 6 vol. 232 

Sheriff's or gaoler's fees for dieting 
slaves in gaol, 18 cents per day. 6 vol. 
289 

The following fees to be received, and 
no others, t)y the officers named, and for 
services not specified in the Act no fees 
allowed, and all other Acts in relation to 
their fees, repealed. 6 vol. 333 



240 



FEES. 



Attorneys in the superior courts of law. 

6 vol. 333 

Defendant's attorney. 6 vol. 333 

Clerks of the courts of common pleas 
and sessions. 6 vol. 333, 334 

Sheriffs. 6 vol. 334 

Masters and Commissioners in Equity. 
6 vol. 335 

Register in Equity. 6 vol. 335 

Complainant's Solicitor. 6 vol. 335 

Defendant's Solicitor. 6 vol. 336 

In districts where there is no Register 
in Equity, but the duties performed by 
the Commissioner, the Commissioner 
shall receive the fees herein allowed the 
Register. 6 vol. 336 

For receiving higher or other fees than 
here allowed, wilfully or ignorantly, the 
officer shall forfeit to the party ten times 
the amount of the excess so charged, to 
be recovered by suit at law, in which no 
imparlance is allowed. 6 vol. 336 

in every case in which a clerk of the 
court, or the commissioner or register in 
equity, shall issue an execution, he shall 
attach thereto a bill of each item of the 
cost thus charged, and shall, on applica- 
tion of defendant in execution, tax all 
costs which accrue to the sheriff for ser- 
vices on such execution. 6 vol. 336 

This Act to take effect ist March, 
1828. vol. 336 

In all cases where separate suits are 
commenced on a joint or several note, 
bond or other obligation, the full costs 
shall be charged on any one of the said 
cases, and one fourth of the regular costs 
shall only be charged on such othei sepa- 
rate actions as may be brought on said 
note, bond or obligation. 6 vol. 336 

No clerk of the court, sheriff or gaoler, 
shall be entitled to receive any fees from 
the State, in any criminal case, where 
the defendant shall be convicted, unless 
they make oath that such defendant has 
been discharged, from inability to pay 
costs. 6 vol. 353 

No sheriff or gaoler shall be entitled to 
fees for dieting prisoners, unless they for- 
ward, with their accounts, the commit- 
ments and releasements of the magis- 
trate. 6 vol. 353 

All free persons of color, convicted by 
a court of magistrates and freeholders, 
within the parishes of St. Philip and St. 
M'^i^ael, shall pay the costs of their pro- 



secution, unless the magistrate be satisfi- 
ed of their inability to do so, in which 
case the said fees shall be charged to the 
State. 6 vol. 387 

In all prosecutions against slaves with- 
in the said parishes, the costs of the pro- 
secution shall be charged to the State, 
except the court shall be of opinion that 
the prosecution was groundless and mali- 
cious, in which case they shall order the 
costs to be paid by the prosecutor, if able 
to pay them. 6 vol. 387 

The oath of the magistrate, within the 
said parishes, as to the services rendered, 
and as to his belief of the inability of the 
prosecutor or party liable for costs, to pay 
them, accompanied by the certiticate of 
the clerk of the court, where the pro- 
ceedings have been returned into court, 
shall, in all cases, be sufficient to estab- 
lish the magistrate's right to payment 
from the Legislature. 6 vol. 337 

The oath of the constable, within the 
said parishes, as to the services rendered, 
accompanied by the certificate of the 
magistrate, that the services have been 
rendered, and that he believes the party 
liable for costs unable to pay them, and 
also by the certificate of the clerk of the 
court, where the proceedings have been 
returned into court, shall in all cases be 
sufficient to establish the corstable's 
right to payment from the Legislature. 6 
vol. 387 

Of magistrates, ministerial and judicial, 
in St. Philip's and St. Michael's, in cases 
between master and apprentice, forcible 
entry and detainer, and landlords and 
tenants. 6 vol. 487 

In cases of distress for rent, under $20, 
for the Magistrate. 6 vol. 487 

For the Constable. 6 vol. 487 

In cases of distress for rent over $20, 
for Magistrate and Constable. 6 vol. 487 

To Magistrates, for renunciations of 
dower or inheritance. 6 vol. 487 

For executing indentures of appren- 
ticeship. 6 vol. 487 

In case of trials of facts in relation to 
insolvent debtors. 6 vol. 492 

Of the Solicitor, in case of indictment 
and conviction, under the vagrant law of 
1836, to be $300, to be used by him as a 
fund for defraying the expenses incurred 
in enforcing the provisions of that Act. 
6 vol. 555 



FELONS AND FELONY. 



241 



Of constables, for attending in the 
courts of law and equity in this State, 
$1 50 per day. 6 vol. 576 



FELONS AND FELONY. 

See Pirates. Accessaries. Benejll of 
Clergy. 

Privateering and piracy made felonv. 
2 vol. 7 

To clip, wash, round, counterfeit, adul- 
terate, or in any manner of ways to ligh- 
ten or diminish the coin. 2 vol. 163 

Repealed by No. 179. 2 vol. 165 

To commit rape. 2 vol. 422 

In what case it is felony to break pri- 
son, in what not. 2 vol. 424 

Punishment of felons refusing lawful 
trial. 2 vol. 419 

Process against those that be appealed, 
indicted or outlawed in one county, and 
remain in another. 2 vol. 426 

Felony to cut out the tongue or pull 
out the eyes of the King's liege people. 
2 vol. 448 

Appeals or indictments of felony com- 
mitted in a place where there is none 
such. 2 vol. 449 

To carry away a woman against her 
will that hath lands or goods, or is heir 
apparent to her ancestor. 2 vol. 452 

He that committeth buggery with man- 
kind or beast, shall be adjudged a felon. 
2 vol. 465 

It shall be felony, unlawfully and se- 
cretly to burn or cut a frame of timber 
prepared for making a house. 2 vol. 478 

This felony doth not make the wife 
lose her dower, nor work corruption of 
blood in the heir. The offender's heir 
shall satisfy the party grieved. 2 vol. 
478 

In what manner justices of peace may 
bail persons arrested of felony or suspi- 
cion thereof. 2 vol. 482 

Justices of peace .shall examine per- 
sons arrested of felony, &;c. and shall 
bind their accusers to give evidence 
against them. 2 vol. 483 

Justice shall examine him suspected of 
felonv, before he be committed to prison. 
2 vol'. 483 

Binding of accusers to give evidence 
against the prisoner. 2 vol. 483 

He that taketh away privily from the 
person of another, money or goods, shall 
not have his clergy, d:c. 2 vol. 495 
VOL. X.— 31. 



The impudent boldness of cutting and 
picking purses. 2 vol. 495 

Where one shall be arraigned for a 
former offence, having his clergy for a 
latter. 2 vol. 496 

None shall have clergy that commit, 
teth rape or burglary. 2 vol. 498 

He that is allowed his clergy, shall an- 
swer to other felonies. 2 vol. 499 

Felony to marry a second husband or 
wife, the first being living. 2 vol. 508 

Husband or wife being absent 7 years 
from the other. 2 vol. 508 

To what persons this statute shall not 
extend. 2 vol. 508 

No corruption of blood, loss of dower, 
or inheritance. 2 vol. 508 

For felony, where clergy allowed to the 
man, the woman shall be burned in the 
hand. 2 vol. 512 

Malicious maiming made felony. 2 
vol. 521 

Forfeiture. 2 vol. 521 

Felony for wilful burning of any ricks 
of corn, hay, &c. or barns, &c. in the 
right time. 2 vol. 521 

Attainder shall not work corruption of 
blood, &c. 2 vol. 521 

Party at liberty to be transported for 
7 years. 2 vol. 522 

Felony to return before the 7 years be 
expired. 2 vol. 522 

No person to be twice punished for 
same offence. 2 vol. 522 

Buyers of stolen goods, reputed acces- 
saries to felony. 2 vol. 532 

Stealing goods from lodgings, felony. 
2 vol. 532 

If principal offender be convicted of 
felony, &c. it shall be lawful to proceed 
against accessary, who, on conviction, 
shall suffer the same punishment. 2 vol. 
543 

Receivers of stolen goods may be pun- 
ished, where the principal felon is not 
convicted. 2 vol. 543 

Witnesses for prisoner on trial for trea- 
son or felony, shall depose on oath, in 
such manner as Queen's witnesses. 2 
vol. 543 

Penalty if convicted of perjury. 2 
vol. 543 

Captain, master, &c. wilfully casting 
away or burning, &c. any ship, shall suf- 
fer death. 2 vol. 544 

Such offence committed on high-sea«, 



L 



243 



FENCES. 



'•p^ 

t %-.j 



may be tried in any sliire in England, as 
by 28 H. 8, c. 15. Person convicted, to 
sutler death without benefit of clergy. 2 
vol. 544 

See note. 2 vol. 748 

Servants running away in company 
with slaves, shall suffer as felons. 3 vol. 
17 

To receive stolen goods, knowingly, or 
to harbour and conceal burglars, felons, 
or thieves, made felony. 4 vol. 307 

No person shall attempt to steal or car- 
ry off any slave, on penalty of 60 pounds ; 
but whoever shall actually do the same, 
shall be guilty of felony, and be exclu- 
ded from the benefit of his clergy. 7 vol. 
345 

FEME COVERT. 

Allowed seven years to prosecute her 
right to lands, after the accrual of such 
right. 2 vol. 584 

And five years for personal actions. 2 
vol. 586 

Having a right to land or any other ac- 
tion whatsoever, may appoint any attor- 
ney in her own name to bring suit, either 
in her own name, or joined with her hus- 
band. 2 vol. 587 

Husband to have no controul over the 
suit, without her voluntary consent, given 
in open court, and recorded. 2 vol. 587 

Any feme covert, being a sole trader, 
liable to be sued as if sole. 2 vol. 593 

Who are sole traders, may sue and be 
sued, naming the husband for conformity. 
3 vol. 620 

Act of 1712, (2 vol. 588,) repealed. 

See Insolvent Debtors Act, 1759, Sec. 
14. 4 vol. 92. 

As to debtors absconding and conceal- 
ing themselves. 3 vol. 620 

Also note. 3 vol. 794 



FENCES. 

Fences to be six feet high around pro- 
visions. 2 vol. 81 

No canes or stakes, that may injure 
horses or cattle, allowed in enclosures. 2 
vol. 81 

Penalty. 2 vol. 81 

Damages if cattle break through a 
sufficient fence. 2 vol. 81 

Proceedings in such case. 2 vol. 81 

Second fault. 2 vol. 82 

Limited to two years. 2 vol. 82 



See Act of 1827. 2 Bail. Reports. 

389 

All fences strongly and closely made of 
rails, boards, or posts and rails, or of an 
embankment of earth capped with rails 
or timber of any sort, or live hedges, five 
feet in height, measured from the level or 
surface of the earth, shall be deemed a 
lawful fence. 6 vol. 331 

Every planter shall be bound to keep 
such lawful fence around his cultivated 
grounds, except where some navigable 
stream or deep water course shall be a 
boundary of such cultivated grounds, in 
which case, such stream shall be deemed 
a sufficient fence. 6 vol. 331 

Provided, that before one can avail 
himself of this Act, he shall apply to a 
magistrate of the district or parish, who 
shall, from the names of seven freeholders 
of the vicinage, draw by lot three, who 
are required to view the premises, and 
pronounce upon the sufficiency of the said 
water as an enclosure, according to the 
true intent of this Act. 6 vol. 331 

Horses, mules, cattle, hogs, sheep or 
goats, breaking into any field, having a 
crop of any kind growing or ungathered, 
with a lawful fence, may be seized and 
kept confined until notice is given to the 
owner, within twenty-four hours of the sei- 
zure, who shall be bound to pay the own- 
er of such field, fifty cents a head for each 
horse or mule, and twenty. five cents per 
head for every head of cattle, hogs, &;c., 
before he shall be entitled to have such 
animal delivered up to him. 6 vol. 332 

For the second breaking, within one 
month after the first, the owner shall be 
liable to the person injured, for all dama- 
ges sustained, in addition to the fine 
aforesaid, to be recovered by action of 
trespass, in which case the plaintiff^ shall 
be entitled to his full costs, if the verdict 
or decree shall exceed four dollars. The 
verdict shall be for defendant if it should 
appear the fence was not a lawful one. 6 
vol. 332 

Penalty for injury done to animals 
where a fence is not lawful. 6 vol. 332 

Penalty on a slave for alike offence. 6 
vol. 332 " 

FENWICK, EDWARD. 
So much of the Confiscation Act as 
relates to him, repealed. 4 vol. 687 



FERRIES. 



243 



His estate restored to him and his heirs. 
4 vol. 687 

Said Fenwick permitted to remain in the 
State one year. 4 vol. 687 



FENWICK, MISS. 
Allowed to bring slaves into the State 
from Georgia. 5 vol. 279 

FERMORS. 
Shall make no waste. 2 vol. 418 



FERRIES. 

No ferrv to be established by law, un- 
less the person petitioning for the same 
give notice to the commissioners of roads 
of the district, six months before the 
session of the Legislature, and produce 
to the Legislature a certificate of the 
fact. 9 vol. 443 

No toll to be paid crossing ferries by 
persons going to or coming from church. 
9 vol. 459 

Persons exempt from toll. 9 vol. 468 

Persons exempted during the war, 
(1813.) 9 vol. 468 

Negro ferrymen exempt from road 
work. 9 vol. 515 

Slips to be kept in repair by owners of 
ferries. 9 vol. 515 

Aprons to be attached to ferry flats. 9 
vol. 544 

No ferry to be re-chartered without 
three months notice. 9 vol. 569 

Conditions on which terries are vested 
in owners of bridges, while under repair. 
9 vol. 594 

Suspected persons to be examined be- 
fore passing. 9 vol. 71 

When owners of the lands to be paid 
for rent of ferry houses, &c. 9 vol. 71 

Penalty on any person living within a 
mile of any established ferry, who shall, 
for fee or reward, transport any person, 
goods or cattle, from one side of the 
river to the other ; provided the person 
be not detained longer than half an hour 
at such ferry. 9 vol. 123 

Penalty on taking more toll at ferries 
than allowed by tlie Acts chartering 
them, and how recovered. 9 vol. 274 
478, 528 

Distance between which ferries may 
be established, not to be counted in a 
direct line, but by water or approachable 
road. 9 vol. 399"^ 



Ferriage not to be paid at any ferry, 
when ferry boats are not used. 9 vol. 
471 

Privilege of Legislature to reduce tolls. 
9 vol. 593 

For general principles regulating com- 
panies, establishing roads, bridges and 
ferries, see Companies, and 6 vol. 302 

Patrols to pass ferries free. 3 vol. 399 

Penalty on persons keeping ferries, not 
providing a free man to attend the same. 
3 vol. 626 

Such free man empowered to command 
assistance in securing runaway servants 
making resistance. 3 vol. 624 

No servants to be carried over ferries 
without notes, on penalty. 3 vol. 626 

Oath to be taken by the keepers of fer- 
ries. 7 vol. 445 

Post-riders may cross, upon giving the 
owner a certificate. Penalty on owner 
defaming them, (1778.) 4 vol. 427 

Commissioners on Upper Pcedee, Wac- 
camaw and Black river, may establish 
ferries in their districts, on certain con- 
ditions. 9 vol. 145, 146 

Penalty for delay at ferries. 9 vol. 312 

No charter for ferry to be good, if with- 
in the distance prohibited by law from 
some other ferry already established. 9 
vol. 326 

Keepers of ferries to have their rates 
fixed up. 9 vol. 396, 429 

Keepers of ferries to keep banks in 
order. 9 vol. 443 

List of Ferrtc. 
Abney's, Saluda. 9 vol. 363 
Adams's, at Augusta. 9 vol. 231 
Agnew's, at Beaufort. 9 vol. 397, 420, 

498, 583, 607 
Allison's, Catawba. 9 vol. 385, 395 
AUston's, at Georgetown. 9 vol. 241, 

244, 335 
Allston's, at Yauhanee. 9 vol. 591 
Ancrum's, Wateree. 9 vol. 596 
Anderson's, Saluda. 9 vol. 363 
Ash's, from Whooping Island to Boone's 

Island. 9 vol. 193 
Ashepoo. 9 vol. 14, 16, 272, 583, 604 
Asht'ord's, Broad river. 9 vol. 427, 543, 

614 
Ashley. 9 vol. 19, 21, 79, 82, 114, 155, 

167, 248, 270, 279, 291, 391, 404, 416, 

435, 462, 482, 581, 601, 603 
Avant's, Black river. 9 vol.413, 495, 

595 



g44 



FERRIES. 



Bankhead's, Broad river. 9 vol. 351, 422 
Bartield's, Little Peedee. 9 vol. 380 
Barkley's, Catawba. 9 vol. 610 
Barksdale's, Savannah. 9 vol. 284, 542, 

592, 615 
Bauskett's, Stevens's creek. 9 vol. 603, 

604 
Baxter's, Black Mingo. 9 vol. 353 
Beard's, Santee. 9 vol. 185 
Beaufort and Tilman's, Broad river. 9 

vol. 352 
Beaufort. 9 vol. 607 
Bee's, Ashley. 9 vol. 510 
Bellinger's, Savannah. 9 vol. 405 
Berry's, Savannah. 9 vol. 581 
Bishop's, Peedee. 9 vol. 372, 384, 409 
Black river and Winyaw. 9 vol. 88 
Black river, at Kingstree. 9 vol. 524 
Blake and Brewton's, St. Helena. 9 vol. 

208 
Boatner's, Saluda. 9 vol. 422 
Bonneau's, Cooper river. 9 vol. 22, 23, 

542, 613 
Brisbane's. 9 vol. 287, 453 
Britten's, Peedee. 9 vol. 407 
Broad river, at mouth of Tvger. 9 vol. 

538 
Brockington and Cooper's, Black river. 

9 vol. 410 
Brooks's, Saluda. 9 vol. 427 
Brown's, Savannah. 9 vol. 474 
Broxton's, Saltcatcher. 9 vol. 394 
Bryan's, at Port Royal. 9 vol. 102 
Buchanan and Mazvck's, Santee. 9 vol. 

105 
Bull's, Combahee. 9 vol. 217 
Burch's, Peedee. 9 vol. 347, 402, 482 
Burns's, Seneca. 9 vol. 512 
Burton's, Savannah. 9 vol. 474 
Byrd's, Lynch's creek. 9 vol. 482, 570 
Caldwell and Pope's, Saluda. 9 vol. 610. 

613 
Calk's, Saluda. 9 vol. 400, 427, 591, 

615 
Camden. 9 vol. 297, 380, 455, 580 
Campbell's, Little Peedee. 9 vol. 363 
Carsan's, at Saluda Old Town. 9 vol. 

238 
Caster's, Keowee. 9 "vol. 567 
Cashua, Peedee. 9 vol. 354, 479, 584, 

606, 607 
Catawba. 9 vol. 320 
Cates's, Enoree. 9 vol. 442 
Channing's, Savannah. 9 vol. 257 
Chapman's, Saluda. 9 vol. 510 
ChappelFs, Saluda. 9 vol. 349, 400, 427, 



477, 537, 573, 580 
Cheravv. 9 vol. 285, 591 
Cherry's, Seneca. 9 vol. 603 
Chesnut's, Wateree. 9 vol. 318, 459, 

567, 614 
Child's, Saluda. 9 vol. 352, 470 
Claredy's, Waccamaw. 9 vol. 555 
Clark's, Saluda. 9 vol. 427 
Clark's, Broad river. 9 vol. 446 
Clegg's, at Georgetown. 9 vol. 335 
Clement's, Cooper river. 9 vol. 298, 346, 

423, 479 
Cochran's Point. 9 vol. 287 
Cogdell's, at Georgetown. 9 vol. 244 
Colleton's, Santee. 9 vol. 95 
Columbia. 9 vol. 394, 476, 510 
Combahee. 9 vol. 81, 270, 479, 592 
Combee. 9 vol. 37 
Connor's, Saluda. 9 vol. 490 
Cook's, at Fort Moore. 9 vol. 142 
Cook's, Saluda. 9 vol. 246, 297 
Coosaw. 9 vol. 405, 420 
Cox's, Waccamaw. 9 vol. 458, 581 
Cox and Gwyn's, Saluda. 9 vol. 400 
Crosby's, Broad river. 9 vol. 380, 432 
Crowson and Mitchell's, Waccamaw. 9 

vol. 41.5, 481 
Cunningham's, Saluda. 9 vol. 230, 259 
Daniels's, Savannah. 9 vol. 427 
Daniels's Island and Long Point. 9 vol. 

71 
Dare's, Broad river. 9 vol. 487 
Davis's, Peedee. 9 vol. 482, 567 
Degraffenreid's, Broad river. 9 vol. 409 
Dewitt's, Edisto. 9 vol. 362 
Dooley's, Savannah. 9 vol. 600 
Drayton's, Edisto. 9 vol. 210 
Drennan and Thorn's, Catawba. 9 vol. 

365 
Dubose's, Santee. 9 vol. 70 
Dubose's, Lynch's creek. 9 vol. 462 
Dunlap and Moore's, Saluda. 9 vol. 433 
Dupont's, Santee. 9 vol. 153 
Duprey's, Savannah. 9 vol. 431 
Dupuse's, Savannah. 9 vol. 510 
Durant's, Lynch's creek. 9 vol. 521 
Earle's, Tugaloo and Keowee. 9 vol. 

394, 429,532 
Earle and Laro's, Seneca. 9 vol. 486 
Echaw creek. 9 vol. 1 1 , 12 
Edisto, from Point of Pines to Bryan's 

Landing. 9 vol. 84 
Elliott's, Stono. 9 vol. 271 
English's, Wateree. 9 vol. 332, 462, 

551 
Evans's, Peedee. 9 vol. 331 



FERRIES. 



245 



Ferguson's, Pon Pon. 9 vol. 211, 271. 

7 vol. 513 
Friday and Thompson''s, Congaree. 9 

vol. 256 
Friday's, Congaree. 9 vol. 177, 300 
Gadsden's, Black river. 9 vol. 382 
Gaillard's, Santee, 9 vol. 187 
Gallevan's, Little Peedee. 9 vol. 350, 

367, 437 
Garrett's, Savannah. 9 vol. 517, 569, 

686 
Gause and Brewton's, Waccamaw, 9 

vol. 367,456, 609 
Gesque's, Little Peedee. 9 vol. 388 
Gibson's, Little Peedee. 9 vol. 353 
Gibson's, at Marr's BlufF. 9 vol. 470, 

504 
Gillespie and Saunders's, Peedee. 9 vol. 

490 
Givhan's, Edisto. 9 vol. 490, 499, 595 
Glen's, Broad river. 9 vol. 480, 521 
Glover's, Savannah. 9 vol. 438 
Godfrey's, Pon Pon. 9 vol. 68 
Godfrey's, Peedee. 9 vol. 483, 520, 

569, 599, 601 
Goodwvn's, Congaree. 9 vol. 315 
Gordon's, Tyger. 9 vol. 517 
Gourdine's, Santee. 9 vol. 365, 375, 

387, 405, 443, 499, 536, 537, 555, 

567, 582 
Gouglrs, at Jacksonborough. 9 vol. 740 
Gowen's, Combahee. 9 vol. 424, 52 8 
Graves's, Welch Lake Creek. 9 vol. 

465 
Gray's, Savannah. 9 vol. 423 
Gray's, Cooper river. 9 vol. 147 
Green's, Savannah. 9 vol. 275 
Green's, Black river. 9 vol. 434 
Greenock's, Black river. 9 vol. 385 
Hamilton's, Tyger. 9 vol. 431 
Hamilton and Sharpe's, Broad river. 9 

vol. 351 
Hammond's, Savannah. 9 vol. 305, 325 
Harbert's, Broad river. 9 vol. 299 
Harman and Wise's, Saluda. 9 vol. 503 
Harley's, Little Peedee. 9 vol. 419 
Harris's, Waccamaw. 9 vol. 609 
Harrison's, Tugaloo. 9 vol. 524 
Harrison's, Keowee. 9 vol. 494 
Hart's, Saluda. 9 vol. 493, 592 
Harvey's, Beaufort. 9 vol. 219 
Henderson's, Enoree. 9 vol. 418 
Herron and Spratt's, Catawba. 9 vol. 

472 
Hibben's. 9 vol. 235, 389, 396 
Hickson's, Black river. 9 vol. 465, 536 



Higgins's, Saluda. 9 vol. 429, 430, 478, 

517, 592 
Hilton Head. 9 vol. 324 
Hobcaw, at Watson's. 9 vol. 76 
Hopkin's, Broad river. 9 vol. 304 
Houseal's, Broad river. 9 vol. 419 
Howard's, at Marr's Bluff. 9 vol. 409 
Howell's, Congaree. 9 vol. 214, 316, 
. 326 

Howell's, Broad river. 9 vol. 422, 476 
Howell and Fitzpatrick's, at Bell Hall. 9 

vol. 425 
Huger's, Congaree. 9 vol. 302, 319 
Jackson's, Pon Pon. 9 vol. 64 
Jacksonborough. 9 vol. 606 
James's, Wateree. 9 vol. 455 
James's, Peedee. 9 vol. 223 
Jarrett's, Tugaloo. 9 vol. 580 
Jermain's. 9 vol. 75 
John's Island. 9 vol. 335 
Johnston's, Little Peedee. 9 vol. 259 
Kee's, Tugaloo. 9 vol. 386 
Kelly's, Saluda. 9 vol. 321 
Kelly and Millhouse's, Saluda. 9 vol. 

221, 290 
Kennerly's, Saluda. 9 vol. 379 
Kilcrease's, Savannah. 9 vol. 519 
Kingsberry's, Catawba. 9 vol. 528 
Kingston Lake. 9 vol. 583, 592, 598 
Kirkland's, Saluda. 9 vol. 211 
Kneeland's, Savannah. 9 vol. 596 
Knox's, Peedee. 9 vol. 511 
Koger's, Edisto. 9 vol. 409 
Kolb's, Peedee. 9 vol. 324, 411, 537 
Lamar's, Savannah. 9 vol. 304, 365, 

449,539 
Lamprir-re's, Cooper river. 9 vol. 208 
Lanier and Green's, Catawba. 9 vol. 

587, 604 
Lanier and Hagan's, Catawba. 9 vol. 

540 
Lawrence's, Lynch's creek. 9 vol. 501 
Lee's, Saluda. 9 vol. 433, 472, 499, 576, 

607 
Lee's, Savannah. 9 vol. 404 
Lee and Wilson's, Saluda. 9 vol. 290, 

305, 385 
Leigh and Rovvell's, at Augusta. 9 vol. 

413 
Lembaker's, Wappoo Cut. 9 vol. 462 
Lenud's. 9 vol. 467, 536 
Lewis's, Tyger. 9 vol. 527 
Long Point and Daniel's Island. 9 vol. 

71 
Lorick's, Saluda. 9 vol. 604 
Lyde's, at Cheraw. 9 vol. 285 



L 



246 



FERRIES. 



Lyles's, Broad river. 9 vol. 377, 472 
Lyttleton's, Edisto. 9 vol. 418 
Mandeville's, Peedee. 9 vol. 406 
Manigault's, Santee. 9 vol. 267, 277 
Marr's Bluff. 9 vol-. 212, 467, 495, 504, 

576, 604 
Martin's, Savannah. 9 vol. 386 
Mason's, Catawba. 9 vol. 455, 464, 574 
Massey and Davie's, Catawba. 9 vol. 

515 
Masters's, Winyaw. 9 vol. 70 
Matheson's, Little river. 9 vol. 615 
Matthew's, Cooper river. 9 vol. 516, 585 
Maxwell's, Saluda. 9 vol. 332 
MaxwelTs, Seneca. 9 vol. 574 
Mays's, Edisto. 9 vol. 539, 613 
Mayson and Caldwell's, Saluda. 9 vol. 

4"'47 
Mayson and Creswell's, Saluda. 9 vol. 

259, 354 
Mazyck and Buckanan's, Santee. 9 vol. 

105 
McCallum's, Lynch's creek. 9 vol. 333, 

386, 422, 470 
McClanahan's, Catawba. 9 vol. 362,476, 

535, 591, 613 
McCon's, Savannah. 9 vol. 504 
McCord's, Congaree. 9 vol. 214, 356,404, 

474 
McDonald's, Catawba. 9 vol. 441, 538, 

592 
McGowen's, Broad river. 9 vol. 459, 543, 

577 
Mcllwain's, Catawba. 9 vol. 440 
Mentz's, Broad river. 9 vol. 325 
Micheau's, Santee. 9 vol. 110 
Mickle's, Wateree. 9 vol. 253, 351, 527 
Middleton's, Savannah. 9 vol. 318 
Miller's, Peedee. 9 vol. 457 
Milllious and Kelly's, Saluda. 9 vol. 221, 

290 
Mitchell and Dunn's, Peedee. 9 vol. 

409 
Montgomery's, Black river. 9 vol. 63 
Moody's, Little Peedee. 9 vol. 393 
Moore's, Broad river. 9 vol. 437 
Moore and Spratt's, Catawba. 9 vol. 581, 

602 
Moorman's, Broad river. 9 vol. 480 
Morris's, Broad river. 9 vol. 475 
Morrison's, Stono. 9 vol. 271 
Morgan's. 9 vol. 11, 205, 419 
Murray's, Santee. 4 vol. 521. 9 vol. 

121, 195, 304, 375, 537, 555, 567, 

582, 606 



Murray's, at Marr's Bluff. 9 vol. 11, 212, 

467, 495 
Neelv's, Saluda. 9 vol. 596 
Nelson's, Santee, 9 vol. 387, 405, 428, 

443, 499 
Netterville's, Broad river. 9 vol. 398 
Nettles's, Lynch's creek. 9 vol. 322 
Newman's, Lynch's creek. 9 vol. 417, 

462, 540 
Newsom's, Drowning creek. 9 vol. 380, 

474 
North's, Black river. 9 vol. 494, 595 
Oglethorpe's, Savannah. 9 vol. 112 
Oliver's, Savannah. 9 vol. 351, 414, 492 
Pace's, Savannah. 9 vol. 597 
Parker's, Edisto. 9 vol. 139, 407 
Patterson's Point. 9 vol. 81, 91, 160, 205, 

201 
Patton and Watson's, Catawba. 9 vol. 602 
Pearson's, Broad river. 9 vol. 433, 475 
Peay's, Wateree. 9 vol. 551 
Peedee, at Glen's. 9 vol. 180 
Pepper's, at Fort Moore. 9 vol. Ill, 176 
Petersburg, Savannah. 9 vol. 596 
Pickens's, Keowee. 9 vol. 430 
Pierson's, Ashepoo. 9 vol. 479 
Pincknev's, Santee. 9 vol. 371, 463 
Pledger's, Peedee. 9 vol. 303, 332 
Pon Pon, at Jacksonborough. 9 vol. 271 
Port's, Peedee. 9 vol, 258, 394, 586 
Potter's, Edisto. 9 vol. 551 
Port Republic. 9 vol. 401 
Port Royal. 9 vol. 14, 16 
Potatoe, Little Peedee. 9 vol. 429, 476, 595 
Pouncey's, Peedee. 9 vol. 410, 491 
Prince's, Cooper river. 9 vol. 516 
Prioleau's, at Patterson's Point. 9 vol. 

81, 91, 160 
Puckett's, Saluda. 9 vol. 528 
Pyatt's, at Georgetown. 9 vol. 424, 428 
Rail's, Saluda. 9 vol. 347 
Robinson's, Jenkins's Island. 9 vol. 423, 

428, 446 
Rogers's, Peedee. 9 vol. 502 
Rosier's, Stevens's creek. 9 vol. 314 
Roupell's. 9 vol. 205, 261, 305 
Rowell's, Black river. 9 vol. 423 
Royal's, Waccamaw. 9 vol. t^07 
Rugeley's, Wateree. 9 vol. 362 
Ruff's,' Broad river. 9 vol. 476 
Russell's, Savannah. 9 vol. 492 
Saint Helena. 9 vol. 14, 16 
Saltcatcher. 9 vol. 272 
Saluda, at Parisse's Ford. 9 vol. 370 
Sampit creek. 9 vol. 402 
Santee. 9 vol. 12, 57, 87 



FINES. 



247 



Scheurer^s, Broad river. 9 vol. 238 
Scott's, Peedee. 9 vol. 551 
Scott's, Cooper river. 9 vol. 209 
Scott's, Savannah. 9 vol. 485 
Sharp's, Savannah. 9 vol. 284 
Sharp's, Broad river. 9 vol. 457 
Sheridan and Stokes's, Edisto. 9 vol. 599 
Shockley's, Savannah. 9 vol. 374, 437, 

449 
Shirer's, Broad river. 9 vol. 300, 323 
Silver Bluff, Savannah. 9 vol. 376 
Simons's, Saluda. 9 vol. 489 
Sims's, Broad river. 9 vol. 469 
Sims's, Tyger. 9 vol. 517 
Sims's, Saluda. 9 vol. 586 
Skirving and Smith's, Ashepoo. 9 vol. 

436. 
Skrine's, Santee. 9 vol, 70, 109, 375, 

443 
Sloan's, Seneca. 9 vol. 490, 597 
Smith's, Broad river. 9 vol. 421 
Smith's, at Rochester. 9 vol. 386 
Spell's, Edisto. 9 vol. 447 
Stanton's, Saluda. 9 vol. 367, 436 
Stark's, Saluda. 9 vol. 389 
Stark's, Broad river. 9 vol. 543 
Stark and Peay's, Savannah. 9 vol. 437 
Staggers 's, Santee. 9 vol. 606 
Steam, from Charleston up Wando. 9 

vol. 588 
Stokes's, Edisto. 9 vol. 602 
Stono, from Hext's to Hey ward's. 9 vol. 79 
Strawberry. 9 vol. 148 
Strother's, Broad river. 9 vol. 323, 429 
Sturges's and Spratt's, Catawba. 9 vol. 

304, 393, 437 
Sullivan's, Edisto. 9 vol. 502 
Sullivan's Island. 9 vol. 582 
SumeralTs, Savannah. 9 vol. 296 
Sumter's, Wateree. 9 vol. 427, 486 
Swansey's, Saluda. 9 vol. 349, 419, 488, 

607 
Sweet's, Little Peedee. 9 vol. 380 
Talbert's, Savannah. 9 vol. 364 
Tate's, Saluda. 9 vol. 323 
Tate's, Broad river. 9 vol. 375, 464 
Taylor's, Keowee. 9 vol. 429 
Thomas's, Broad river. 9 vol. 521 , 600 
Thompson and Friday's, Congaree. 9 vol. 

256 
Thorn's, Catawba. 9 vol. 469, 567, 600 
Tiller's, Lynch's creek. 9 vol. 422, 588 
Trimmier's, Broad river. 9 vol. 410 
Tripp's, Saluda. 9 vol. 567 
Two Sisters 's, Savannah. 9 vol. 227, 313, 

365 



Vance's, Santee. 9 vol. 418, 43G, 481, 

536, 614 
Vauchier's, at Purysburg. 9 vol. 262 
Vienna, Savannah. 9 vol. 596 
Waccamaw. 9 vol. 180, 424, 431, 598 
Wade's, Catawba. 9 vol. 297, 362 
Wadlington's, Enoree. 9 vol. 516 
Waters's, Saluda. 9 vol. 303, 316, 399, 

429, 472, 584, 614 
Watkins's, Savannah. 9 vol. 490 
Weaver's, Saluda. 9 vol. 285, 317 
Weber's, Broad river. 9 vol. 398 
Whatley's, at Fort Moore. 9 vol. 519, 

591, 613 
Williams's, Broad river. 9 vol. 422 
Williamson's, Stono. 9 vol. 143, 150 
Wilson's, Saluda. 9 vol. 332, 490, 489, 586 
Wilson and Lee's, Saluda. 9 vol. 290 
Winyaw Bay. 9 vol. 390, 401 
Winyaw and Black river. 9 vol. 88 
Witherspoon's, Lynch's creek. 404, 480, 

583 
Wood's, Broad river. 9 vol. 418 
Wood and Bankhead's, at Pinckneyville. 

9 vol. 355 
Wort's, Edisto. 9 vol. 314 
Wragg's. 9 vol. 375 
Wrixam's, Pon Pon. 9 vol. 61, 64 
Wright's, Wateree. 9 vol. 214 
Wright's, Savannah, at Rochester. 9 vol 

203 
Young's, Saluda. 9 vol. 410, 494 

FIELD MARSHAL. 
Appointed. 2 vol. 639 
His pay. 2 vol. 639 
To receive no fee. 2 vol. 640 



FI. FA. 

See Execution. 



FILING COIN. 
Penalty for. 4 vol. 716 



FINES AND FORFEITURES. 

See Penalties. 

Amerciaments shall be reasonable, and 
according to the offence. 2 vol. 419 

No claim or entry to be of force to 
avoid fine levied with proclamation, &c., 
unless an action be commenced in one 
year after such entry made. 2 vol. 435 

All fines and penalties imposed by the 
Acts made perpetual by the Act of 1783, 
(4 vol. 542,) to be paid into the public 



k^ 



248 



FIRE. 



treasury of the State, and all authorities 
given to officers, transferred to those ap- 
pointed under the new form of govern- 
ment, 4 vol. 542 

How to be collected, &c. 5 vol. 13 

On the trial of any free person of color 
within the parishes of Saint Philip and 
Saint Michael, where the court shall be 
of opinion that corporal punishment is 
unsuited to or insuflicient for the offence, 
such court may impose a fine upon the 
otiender, to be levied and collected for 
the use and benefit of the State. 6 vol. 
388 

Of each circuit court district, to be 
paid over to the commissioners of public 
buildings, (Quere ? commissioners of court 
houses and gaols.) 6 vol, 321 

City council may fine to the amount 
of one thousand dollars, recoverable in 
the city or other court having jurisdiction. 
7 vol. 149 

Imposed and collected by the courts, 
appropriated to pay salaries of the judges, 
Attorney General, and Clerk of the court. 
7 vol. 203 

To be sued for in the name of the 
King. 7 vol. 205 

How recoverable in the county courts. 
7 vol. 219 

Imposed in the county courts, for the 
use of the county. 7 vol. 245 

Under the Act for ordering and govern- 
ing negroes and other slaves, how reco- 
vered and appropriated. 7 vol. 364 

Under various slave laws, how recovera- 
ble. 7 vol. 381. 

And how disposed of. 7 vol. 381 

Under the slave Act of 1740, how to be 
recovered and applied. 7 vol. 416. 

Against commissioners of roads, how 
to be applied. 9 vol. 515 

FIRES. 

Houses blown up or pulled down in 
Charleston to stop a fire, in what cases 
to be paid for, and how paid. 7 vol. 10, 
19, 20 

Fire buckets, hooks and ladders, to be 
provided. 7 vol. 11, 20, 27, 41 

Commissioners to blow up houses. 7 
vol. 41 

No building to be erected in Charleston, 
with certain exceptions, but of brick, and 
mode regulated. 7 vol. 58 

Straw or hay not to be kept in dwelling 



house or kitchen, or adjoining out houses, 

under a penalty. 7 vol. 58 

Engines, &,c., to be provided. 7 vol. 59 
Fines, how disposed of. 7 vol. 59 
Fire Masters in Charleston, to have 

command at fires, and in their absence, 

the Mayor and Aldermen. 7 vol. 150 



FIRE ARMS. 

See Arms. 

FIRE COMPANIES. 

In Charleston, regulations thereof. 7 
vol. 150 

The number of members in each. 7 
vol. 150 



FIRE ENGINE CONPANIES. 

Of Charleston, their members exempt 
from serving as grand or petit jurors. 6 
vol. 438 

Act repealed. 6 vol. 490 



FIRE GUARD. 

See Charleston. 



FIRE HUNTERS. 
Deemed vagrants. 4 vol. 411 



FIRE HUNTING. 

Penalty on hunting with fire, or killing^ 
deer, horses or cattle, in the night time, 
except in his own enclosure. 4 vol. 719 

Punishment of slaves committing above 
offences. 4 vol. 719 

Limited to three years. 4 vol. 720. Ex- 
pired. 

Fire hunting at night, prohibited. 5 
vol. 124 

Pentilty for killing a deer, horse, neat 
cattle, or other stock, while fire hunting. 
5 vol. 124 

How to be recovered. 5 vol. 124 

Also liable to action at law. 5 vol. 124 

Punishment of slaves when violating 
the law. 5 vol. 124 

Penalty for killing does between 1st. 
March and 1st September. 5 vol. 125 

Penalty for burning the woods. 5 vol. 
125 

Slave committing the offence, to be 
tried by freeholders. 5 vol. 125 

Oath of freeholders. 5 vol. 125 

How summoned. 5 vol. 125 

Captains of companies to read this Or- 



FISH AND FISH TRAPS. 



249^ 



dinance before their companies once in 
six months. 5 vol. 126 



FIRE LOAN. 
See Charleston. Bank of the State. 

FIRE MASTERS. 
To have controul at fires, and in their 
absence, the Mayor and Aldermen. 7 vol. 
150 

FIRE PROOF BUILDING. 
Certain offices in Charleston to be re- 
moved to the fire proof buildinff. 6 vol 
300 ^ 

FIRE WOOD. 
What a cord of 3 vol. 501 
Wood not to be carried away before in- 
spection by wood measurer. 3 vol. 501 
Fee of the wood measurers. 3 vol. 501 
Dimensions of cord. 3 vol. 600 
Made perpetual by Act of 1783. 4 
vol. 541 

FIRING GUNS. 

At night, prohibited, under a penalty, 
(expired.) 7 vol. 412 

FISCAL YEAR. 
Since 1723, has ended on the last Sep. 
tember. 3 vol. 206 

FISH AND FISH TRAPS. 
Penalty for poisoning a creek. 3 vol. 
270 

To have passage up Big Lynch 's creek. 
5 vol. 218 

Penalty for keeping up obstructions. 5 
vol. 218 

This a public Act. 5 vo). 218 

Not to be obstructed ascending Chin- 
quepin and Thompson's Creeks. 5 vol 
278 

Penalty for obstructing. 5 vol. 278, 279 

Not to be obstructed going up Saluda 
river. 5 vol. 383 

Penalty for not removing obstructions. 
5 vol. 509 

The passage of fish up Broad, Enoree 
and Catawba rivers, not to be obstructed 
5 vol. 508 

Obstructions to be removed. 5 vol. 508 

How high to be kept open. 5 vol. 509 

Commissioners appointed to superintend 

VOL. X.— 32. 



slopes and sluices. 5 vol. 509 

Not to be obstructed in their passage up 
Keowee River, Deep Creek, or Little 
River. 5 vol. 646 

Obstructions declared nuisances, and 
may be abated by any person. 5 vol. 647 
Passage for fish up Reedy River, pro- 
vided for. 5 vol. 700 

Penalty for obstructing. 5 vol. 700 
Passage for fish up Little Lynch's 
Creek. 5 vol. 700 

Fish sluice to be made in the Saluda 
dam, and one or more in the Broad River 
dam. 6 vol. 219 

Boards of commissioners of fish sluices 
established for the different rivers, Saluda,' 
Broad, Pacolet, Wateree, and Catawba' 
to serve three years. 6 vol. 340 

Penalty for neglecting to serve, f 20. 6 
vol. 340 

Their duty to designate fish sluices, 
leaving one or more passages up the river, 
to be sixty feet wide if but one, and that 
wide in all, if one or more. 6 vol. 340 

When designated, any one may open 
the sluices. 6 vol. 340 

And if obstructed, may be abated as a' 
nuisance. 6 vol. 340 

Public nuisance to obstruct one, and 
penalty not exceeding $20 nor less than 
$5, recoverable before any court of com- 
petent jurisdiction, and shall stand com. 
mitted until the fine be paid, for a time 
not exceeding ten days, at the discretion 
of the court. 6 vol. 340 

One half of fine to informer, the other 
to the State. 6 vol. 340 

No fishing, by trap, net, seine or other 
device, within 80 yards of any dam erect, 
ed across any stream intended by the 
State to be made navigable ; in which 
dams there shall be constructed sluices for 
the passage of fish. 6 vol. 340 

All persons offending against this Act, 
to pay twelve dollars for each offence, to 
be recovered before the court of sessions 
of the district where the offence was 
committed, one half to the informer, the 
other half to the support of tiie work to 
which the dam is attached. 6 vol. 340 

All traps and other devices for catchino- 
fish, erected or kept up in violation of 
this Act, declared public nuisances, and 
may be abated as such. 6 vol. 341 

In case the person so fined will not im. 
mediately pay the same, he shall be com. 



250 



FISH AND FISH TRAPS. 



mitted to the gaul of the district, there to 
remain in close custody, not exceeding 10 
days. 6 vol. 341 

Nothing in this Act to give authority 
to any of the said boards to designate any 
fish sluice through any dam erected by 
public authority for the improvement of 
the navigation of any of the said rivers, 
or through any dam erected by individuals 
for the purpose of propelling any ma- 
chines, wliere the owner of such dam 
shalJ leave open a part of the river sixty 
feet wide, or, where the dam extends 
entirely across the river, shall construct 
therein a sufficient fish sluice sixty feet 
wide, and shall keep the same open in 
February, March and April of each year. 
6 vol. 341 

The vhole bed and channel of the 
river, below the Broad river dams at the 
head of the Columbia Canal, to the dis- 
tance of fifty yards below the Islands, 
with which the said dams are connected, 
together with the spaces between the said 
islands, and between the uinin land and 
the said islands, shall be cleared of all 
fish traps, dams and other devices for 
catching fish ; and the commissioners of 
fish sluices for Broad river, are hereby 
authorized and required to cause these 
limits to be designated ; and every trap, 
dam or other device for fishing, erected 
or to be erected, within the limits so or- 
dered to be cleared, !)e, and the same is 
hereby declared to be, a public nuisance, 
and may be abated as such. 6 vol. 372 

If any person shall erect such dam, trap 
or other device for fishing, within the 
said limits, he shall be fined for every 
such ofi'ence, twelve dollars, to be reco- 
vered before any justice of the peace of 
Richland or Lexington, one half to the 
informer, and the other to the fund of the 
Columbia Canal. 6 vol. 372 

Any person who shall take away from 
any fish trap in the waters of this State, 
any fish caught and 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 misde- 
meanor, and on conviction thereof by 
indictment, shall be punished for said 
offence by fine, not exceeding two hun- 
dred dollars, and imprisonment, not ex- 
ceeding six months. 6 vol. 393 

One board of commissioners only, in- 1 



stead of all others, appointed, to consist 
often persons, to superintend the opening 
of fish sluices for the Wateree and Ca- 
tawba rivers. 6 vol. 569 

Any person convicted on indictment in 
the court of sessions of obstructing fish 
sluices in any of the rivers of this State, 
to pay a fine of one hundred dollars. 6 
vol. 569 

Nine instead of five, at least four of 
whom shall reside below Pickett's mills, 
shall constitute the number of the board 
of commissioners of fish sluices, charged 
with jurisdiction from the foot of Graves's 
Shoals to the mouth of Fishing Creek, 
on the Wateree and Catawba Rivers, by 
the Act entitled "An Act to prevent ob- 
structions to the pass;ige of fish up the 
several rivers of this State," passed on 
the nineteenth day of December, 1827; 
and the four additional commissioners 
provided for, shall be appointed by joint 
resolution, as is provided for in the said 
Act. 6 vol. 598 

The said board of commissioners shall 
designate and lay out the fish sluices within 
their boundary but once a year, and shall 
execute this duty on or before the first 
day of October, whenever they shall de- 
termine to change them in any year. 6 
vol. 599 

Passage for fish to be kept open in 
Broad, Saluda, Pacolet, Tyger and Eno- 
ree Rivers, and Stephens's Creek. 7 vol. 
531 

No traps allowed within eighty yards 
of a public dam, where there is a fish 
sluice. 9 vol. 521 



FISHER, JOHN. 
His confiscated estate restored to him, 
and his banishment recalled. 5 vol. 184 



FITZPATRICK, JOHN. 
Naturalized. 5 vol. 134 



FLAX. 

See Richard Hall. 

Premiums on tiie growth of. 8 vol. 437 

Encouragement to the growth of. 4 
vol. 28 

Acts to encourage the growth of, re- 
vived and continued for three years. 4 
vol. 49 

Premium on flax, &c., raised in this 
Province. 4 vol. 316, (expired.) 



FLOUR. 



251 



Act to encourage the growth of, repeal, 
ed. 4 vol. 428 



FLEET. 
How persons having cause of action 
may proceed against prisoners in the 
Feet. 2 vol. 515 



FLETCHALL, THOMAS. 
Part of his estate, not sold by the com- 
missioners of confiscated estates, vested 
in Daniel Comber, for particular purposes. 
5 vol. 100 



FLOUR. 

Inspectors appointed. 4 vol. 329 

Additional duty imposed on imported 
flour, to be appropriated for paying the 
bounty on flour of domestic manufacture. 
4 vol.329 

All persons making for sale or export, 
to produce the same to the inspectors. 4 
vol. 330 

Mixed or adulterated flour to be forfeit- 
ed. 4 vol. 330 
• Inspectors to take an oath. 4 vol. 330 

Penalty for counterfeiting certificates 
or brands. 4 vol. 330 

Inspectors dying, absenting, dec. 4 vol. 
330 

Made perpetual by Act of 1783. 4 vol. 
542 

No dealers in flour to be inspectors. 4 
vol. 330 

Ware-houses for inspection established 
at Fish Dam Ford. 5 vol. 215 

Commissioneis. 5 vol 215 

Inspector of bread and flour to be 
appointed for Charleston, every year, by 
commissioners. 5 vol. 291 

Oath of Commissioners. 5 vol. 291 

Mode of filling vacancy. 5 vol. 291 

Flour to be made merchantable. 5 vol. 
291 

Construction of flour casks. 5 vol. 291 

To be branded. 5 vol. 291 

Responsibility of miller and bolter. 5 
vol. 291 

Neat weight of casks. 5 vol. 292 

Penalty for short weight. 5 vol. 292 

Bread casks to be packed, &c., and 
penalty for false tare. 5 vol. 292 

Invoice of bread for export, to be deli- 
vered. 5 vol. 292 

Flour to be inspected, and mode of in- 
spection. 5 vol. 292 



Merchantable flour distinguished. 5 
vol. 292 

Inspector''s compensation. 5 vol. 292 

Unmerchantable flour distinguished. 5 
vol. 292 

Appeal given from judgment of inspec- 
tor. 5 vol. 293 

Rates of storage. 5 vol. 293 

Penalty for exporting unmerchantable 
flour. 5 'vol. 293 

Inspector's oath. 5 vol. 293 

Inspector not to deal in flour. 5 vol. 
293 

Penalty for altering marks or brands. 5 
vol. 294 " 

Power to remove inspectors. 5 vol. 294 

Flour to be inspected on board vessels, 
if required. 5 vol. 294 

Inspector may appoint assistants. 5 
vol. 294 

Mode of recovering penalties. 5 vol. 
294 

Commissioners for various places. 5 
vol. 295 

Law of force for six years. 5 vol. 296 



FOLLY ISLAND. 

See Cholera. 

FORCE BILL OF CONFRESS. 

Report of the Committee on the Force 
Bill of 2d March, 1833. 1 vol. 394 

The principles sought to be established 
by that Act, are calculated to destroy our 
present constitutional frame of govern, 
ment, to subvert public liberty, and 
bring about the ruin and debasement of 
the Southern States. 1 vol. 394 

The Act "further to provide for the 
collection of duties on imports," was in- 
tended to counteract the proceedings of 
South Carolina for the protection of her 
reserved rights ; and purports doing so by 
means not authorized bv the Constitution. 
1 vol. 394 

Brief enumeration of the constitution- 
al and legal o'njectious to which this Act 
of Congress is liable. 1 vol. 394, 395 

Among other features of this Act, it 
supercedes and annihilates the powers and 
jurisdictions of the State Courts. 1 vol. 
397 

The members of the Legislature of 
this State, the Judges, the Civil oflicers, 
acting in the line of their duty, may be- 



252 



FORCE. 



come amenable to the United States^s 
Courts, and a scene of confusion in- 
troduced incompatible with regular go- 
yernment. 1 vol. 397 

The object of the supporters of this 
bill, is manifestly to introduce a consoli- 
Jated government. 1 vol. 898 

It is a continuance of the efforts of one 
and the same party that commenced in 
the convention of 1787, that assumed the 
name o^ federal very soon after the for- 
mation of the present government, that 
have attempted to engross the power of 
the individual States, and to interfere in 
their domestic concerns, that enacted the 
Alien and Sedition Laws, that introduced 
the Protecting Tariff, that denies the So- 
vereignty of the States, the existence of 
reserved rigbts, and ever points at Con- 
solidation. 1 vol. 398 

It is the government of a majority, 
with reference only to the interests and 
power of that majority. The protective 
system is a small part only of the unjust 
proceedings of that majority. 1 vol. 398 

Unless some constitutional check can 
be interposed to stop these oppressions, we 
shall be liable to others still more revolt- 
ing. 1 vol. 398 

The present is an attempt to raise a 
party within the State devoted to Federal 
interests, exempted from State controul, 
and subject only to the Courts of the 
United States. It is an attempt which, 
if not resisted, will reduce the Southern 
States to the last degree of provincial 
slavery. 1 vol. 399 

The oath of allegiance contemplated, 
has been introduced from no party views, 
or to support any party ascendency, or to 
gratify any party resentment ; nor has 
South Carolina ever sought to endanger 
the Union, but so to maintain it, as to 
render it a real safeguard for public liber- 
ty. 1 vol. 399 

This contest is not to be given up till 
the Act of Congress in question shall no 
longer disgrace the Statute Book. We 
must go on therefore without passion, but 
without faltering. 1 vol, 399 

Since many of the provisions of this 
Act are made permanent, and may be put 
in force hereafter, the sentiments of the 
■Convention ought to be expressed on the 
principles it contains ; and to take care 
.that no Federal authority unauthorized by 



our Federal Compact, shall be exercised 
within the limits of this State ; the com. 
mitte, therefore, recommend the follow- 
ing Ordinance. 1 vol. 400 

An Ordinance to nullify the Act of 
Congress of the United States entitled 
"An Act further to provide for the collec- 
tion of duties on imports,'' commonly 
called the Force Bill. 1 vol. 400 

The Act in question is unauthorized by 
the Constitution, subversive of it, and 
destructive of public liberty ; it is there- 
fore null and void within the limits of this 
State ; and it is the duty of the Legisla- 
ture, from time to time, to pass such Acts 
as are necessary to prevent the enforce- 
ment of the same. 1 vol. 400 

The allegiance of the citizens of this 
State is due to the State ; obedience 
only, and not allegiance, is due to any 
otlier power acting under authority dele- 
gated by the State. 1 vol. 400 

The Legislature empowered to pass 
Acts prescribing oaths of allegiance, and 
defining what shall amount to a violation 
of the allegiance due to the State. 1 vol.* 
401 



FORCIBLE ENTRY AND DETAINER. 

Penalty where any doth enter into 
lands but where his entry is given by the 
law, and then with strong hand. 2 vol. 
442 

Former statutes confirmed. 2 vol. 443 

Statute touching forcible entries, re- 
hearsed and confirmed. 2 vol. 443 

Office and duty of justices of peace 
when any forcible entry is made into 
lands, or peaceable entry and after de- 
taining with force. 2 vol. 444 

The remedy where any person enter- 
ing by force doth alien the same land to 
have maintenance. 2 vol. 444 

Justices precept to the sheriff to return 
a jury to inquire of forcible entries. 2 
vol. 445 

Slieritf's penalty for omitting his duty. 
2 vol. 445 

Jurisdiction of justices over sheriffs. 
2 vol. 445 

What action may be had against him 
who doth put out, or keep out of posses- 
sion with force. 2 vol. 445 

They may keep their land by force 
who have had, themselves or their ances- 
tors, three years possession. 2 vol. 445 



FOREIGN. 



253 



The forms and proceedings before ma- 
gistrates, in cases of forcible entry and 
detainer, shall hereafter be the same as 
are prescribed by law in cases where ten- 
ants hold over after the expiration of 
their leases. 6 vol. 388 

In all cases of forcible entry and de- 
tainer in the parishes of St. Philip and 
St. Michael, it shall be the exclusive duty 
of the Ministerial Magistrate to prepare 
the case for trial, summon the parties, 
present the cause for docketing, attend 
and conduct the trial as prosecuting offi- 
cer, exa'-th^ as is now done by them on 
the trial of slaves and free persons of 
colour. 6 vol. 486 

The compensation of the judicial ma- 
gistrate and his colleagues shall be to 
each five dollars, and that of the minis- 
terial magistrate five dollars, in lieu of 
all other charges, the costs to be paid by 
the party losing the suit, — provided, if 
defendant loses the suit and should prove 
unable to pay the costs^ nothing herein 
contained shall prevent the plaintiff from 
being liable for the said costs, as well as 
those of the constable. 6 vol. 486 

In all cases of forcible entry and de- 
tainer, and landlord and tenant, in the 
parishes of St. Philip and St. Michael, 
the finding of the freeholders, under the 
charge of ihe presiding justices, shall be 
sufficient to constitute the verdict, with- 
out the concurrence of the said justices 
or either of them. 6 vol. 560 



This Act to be taken without special 
pleading. 4 vol. 661 



FORDS. 
Near ferries or bridges, not to be ob- 
structed. 9 vol. 336, 357 

FORD'S CREEK. 
Certain persons authorized to stop it. 
« vol. 591 



FOREIGN AMBASSADORS AND 
MINISTERS. 

Liabihties of persons insulting foreign 
ministers. 4 vol. 660 

Foreign Ambassadors cannot be prose- 
cuted. 4 vol. 660 

Persons knowingly prosecuting to be 
punished. 4 vol. 660 

Proviso, as to merchants and traders, 
in such service. 4 vol. 661 

Servants names to be registered, to be 
privileged. 4 vol. 661 



FOREIGN ATTACHMENT. 

See Attachment. 

Writs of attachment to issue against 
foreign debtors. 2 vol. 61 

In what cases. 2 vol. 61 

Proceedings on attachment. 2 vol. 61 

No agent or attorney. 2 vol. 61 

Judgment. 2 vol. 61 

Plaintiff attaching to give an indemni- 
fying bond. 2 vol. 62 

Execution to go for the sum limited in 
the condition of the bond. 2 vol. 62 



FOREIGN COIN. 



See Coin. 



FOREIGN DEBT. 

See Public Debt. 

Funded, by pledge of certain funds and 
taxes for its payment. 5 vol. 135 

Auditor to settle with foreign creditors, 
and interest allowed on their balances. 5 
vol. 135 

Treasurers to keep an account of all 
sums due to foreign creditors, which sums 
shall remain transferable stock. 5 vol. 
136 

How transfered. 5 vol. 136 

Certificate of such stock to be given. 5 
vol. 136 

Form. 5 vol. 136 

Interest to be paid before principal of 
the debt. 5 vol. 136 

Dividend, after payment of interest, to 
be made annually on the principal ; and 
proportionally. 5 vol. 136 



FOREIGN MINISTERS. 
See Foreign Ambassadors and Minis- 



ters. 



FOREIGN TRADE. 

Congress empowered to regulate for- 
eign trade, provided nine States assent, 
and this Act not to be offeree until the 
power be given from the other States. 
The slave trade not to be affected. 4 vol. 
720 

Former Act to enable Congress to re- 
gulate the trade from the British West 
indies, (1784. 4,vol. 595,) repealed. 4 
vol. 720 



254 



FORGERY. 



FOREIGNERS. 

See Special Courts. Jury de Mtdietate 
Linguae. 

Governor authorized to raise and com- 
mission a battalion of foreigners, in inde- 
pendent companies, 1779. 4 vol. 469 

Pay and rations. 4 vol. 469 

This Act to be in force six months after 
its passage. 4 vol. 469. (E.\pired.) 



FORESTALLING AND REGRATING. 
Revival of an Act of April 11, 1739, 
against (in the market of Charleston) fore- 
stalling and regrating. 3 vol. 696 



FORFEITURES. 

See Fines and Forfeitures. Penalties. 

There shall be no forfeiture of lands 
for treason of dead persons not attainted. 
2 vol. 441 

There shall be no forfeiture of lands or 
goods for the killing of any person at- 
tempting to murder or rob. 2 vol. 463 

Six months allowed to sue for fines 
and penalties, unless some other time be 
specified in the Act. 2 vol. 586 

Where no time is limited, all prosecu- 
tions for penalties and forfeitures must be 
commenced within six months after of- 
fence committed. 3 vol, 701 

This is a public Act. 3 vol. 702 



FORGERY. 

The several penaltres for forging of 
deeds the first or second time, &.c. 2 vol. 
489 

The mildness of law has increased forg- 
ing of deeds. 2 vol. 489 

Penalty for forging or publishing a 
false deed, whereby another's freehold 
shall be troubled. 2 vol. 489 

Forging of a deed whereby a lease or 
annuity may be claimed. 2 vol. 490 

Forging of an obligation, acquittance, 
release, &c. 2 vol. 490 

To utter such forgery knowingly. 2 vol. 
490 

The several remedies of party grieved 
against offender. 2 vol. 490 

He that is once punished for an offence, 
not after to be impeached for the same. 
2 vol. 490 

Plaintiffs release shall discharge only 
his own remedy. 2 vol. 490 

Second offence, felony. 2 vol. 490 



No forfeiture of dower or corruption of 
blood for this felony. 2 vol. 491 

Officials or Registers putting a seal to 
a will. 2 vol. 491 

Which justices may hear and deter- 
mine these offences. 2 vol. 491 

To what persons this statute shall not 
extend. 2 vol. 491 

Fprging of deeds before this statute, or 
presently after. 2 vol. 491 

Penalty for pleading or publishing a 
forged deed made before or shortly after 
this statute. 2 vol. 492 

A lawyer or attorney pleading a forged 
deed. 2 vol. 492 

See note. 2 vol. 738 

Forging bills of credit felony without 
clergy. 3 vol. 677 

Forging or counterfeiting any deed, 
will, testament, bond, writing, obliga- 
tion, bill of exchange, promissary note, 
&LC. or other security for payment of mo- 
ney, felony without benefit of clergy. 3 
vol. 470 

Forging, counterfeiting or altering any 
record, with intent to defraud, felony. 3 
vol. 471 

This Act to work no attainder or cor- 
ruption of blood. 3 vol. 471 

Not to extend to residents in Great Bri- 
tain. 3 vol. 471 

See Note. 3 vol. 791 

Of what papers made felony. 5 vol. 
397 

Persons found guilty of uttering forged 
deeds, &c. also deemed felons. 5 vol. 398 

FORMA PAUPERIS. 

A mean to help and speed poor persons 
in their suits. 2 vol. 256 

May have counsel and attorney without 
fee or cost. 'Z vol. 256 



FORTS, 

That at Beaufort to be repaired. 3 vol. 
180 

Different forts against the Indians, and 
expenses of each, 5 vol. 200 

Commissioners authorized to erect one 
on Moss Island, in Port Republic inlet. 5 
vol. 315 

How land to be appraised. 5 vol. 315 

Forts and batteries to be furnished by 
the Governor, with ordnance. 5 vol. 692 

Fort Alatamaha burnt down. 3 vol. 246 



FORTS. 



255 



Fort Johnson, guard with 12 men ap- 
pointed. 2 vol. 333 

Nightly watch ol 12 men appointed. 2 
vol. 333 

To be armed and accoutred. 2 vol. 334 

Soldiers neglecting their duty. 2 vol. 
334 

Officers and soldiers pay. 2 vol. 334 

Winmill Fort to be a rendezvous. 2 
vol. 334 

Receiver to pay debts due from the 
public, and to render an account. 2 vol. 
33A 

Governor to draw upon the Treasury in 
case of sudden invasion. 2 vol. 335 

Tax upon masters of vessels entering or 
departing. 2 vol. 335 

Act to continue two years. 2 vol. 336 

Regulations of a guard to be kept at 
Fort Johnson. (Expired.) 2 vol. 613 

To continue 2 years. 2 vol. G15 

Commander and six men to be appoin- 
ted as a watch at Fort Johnson. 3 vol. 
234 

Penalty for neglect of duty. 3 vol. 234 

Duty of watch. 3 vol. 234 

£200 currency to be allowed the com- 
mander per annum. 3 vol. 234 

Masters of vessels to pay 5 shillings 
entrance money. 3 vol. 234 

Said Fort to be a rendezvous, in case 
of alarm. 3 vol. 235 

Men subject to corporal punishment 
for neglect of duty. 3 vol. 235 

Sentry found drunk on duty. 3 vol. 
235 

Punishment to be appointed by the 
Governor, &c. 3 vol. 235 

Keepers of punch-houses not to allow 
credit to any soldier or private. 3 vol. 
235 

One hundred acres belonging to the 
Fort, to be under the commander of the 
garrison. 3 vol. 236 

Act to continue in force 2 years. 3 
vol. 236 

Rules and regulations concerning Fort 
Johnson. 3 vol. 465 

No vessel to pass Fort Johnson until 
visited by a physician. 4 vol. 28 

Establishment of Fort Johnson reduced. 
6 vol. 73 

Gen. Marion, commander. 5 vol. 73 

Fort Johnson, repaired. 7 vol. 67 

Regulations concerniDg Fort Lyttle- 
ton. 4 vol. 48 



Fort Lyttleton built in place of Fort 
Frederick, and subject to same regula- 
tions. 4 vol. 98 

Lands on which Fort Lyttleton stood, 
to be sold. 4 vol. 701 

Commissioners to sell a tract of land, 
on which Fort Lyttleton stood. 4 vol. 702 

Compensation for land used for erecting 
Fort Mechanic. 7 vol. 110 

Fort Moore, beyond the three runs. 3 
vol. 122 

The garrison at Fort Moore to be con- 
tinued ; the complement of men estab- 
lished, pay and allowance the same. 3 
vol. 179 

Commanders of garrisons and scout 
boats to dispatch expresses to the Gover- 
nor on extraordinary occasions. 3 vol. 181 

Three muster-rolis to be transmitted half 
yearly from Fort Moore. 3 vol. 181 

Treasurer to furnish -garrison and scout 
boats. 3 vol. 181 

Commanders of the garrisons, or any 
persons belonging to them, not to trade 
with Indians. 3 vol. 181 

Encouragement to soldiers to plant 
piovisons. Commanders of garrisons ac- 
countable for the same to the General 
Assembly. 3 vol. 182 

What persons not to be enlisted as sol- 
diers. 3 vol. 183 

Ferry at Fort Moore. 9 vol. Ill 

Ships to stop at Fort Moultrie instead 
of at Fort Johnson. 4 vol. 382 



FORTIFICATIONS IN CHARLES- 
TON. 

See Sea Wall. Battery. 

To be erected in different parts of the 
city. 7 vol. 30 

Satisfaclion to be made to the owners 
of grounds used. 7 vol. 30 

The commissioners to cut down any 
timber or trees prejudicial to the fortifica- 
tions. 7 vol. 30 

Powder house to be built within the 
lines. 7 vol. 30 

Commissioners authorized to press any 
negroes within the limits, to work at a 
certain rate, white men for overseers, and 
negroes, horses, carts, tools, &c. for car- 
rying on the work. 7 vol. 30 

Penalty for refusing to work when 
pressed. 7 vol. 31 

To be collected by warrant of a jus- 
tice. 7 vol. 31 



256 



FRAUDS. 



Notice to work. 7 vol. 31 
Forfeitures. 7 vol. 31 
Neglect of duty. 7 vol. 31 
Appropriation. 7 vol. 31 
CDiDpensation to coinmissioners. 7 
vol. 32 

In Charleston, penalty for injuring. 7 

vol. 36 

Who to inflict it. 7 vol. 36 
Children, how punished. 7 vol. 37 
No cattle to be kept within the in- 

trenchments. 7 vol, 37 

Nor butchering allowed. 7 vol. 38 
Fortifications to be finished. 7 vol. 

43 

Workmen may be pressed. 7 vol. 43 
Allowed compensation. 7 vol. 44 
Negroes exempted. 7 vol. 44 
Penalty for refusing to work. 7 vol. 

44 

Summons, what sufficient. 7 vol. 44 
Forfeitures and appropriations for. 7 
vol. 45 

A comptroller of accounts for the work 
created, and accounts to be kept. 7 vol. 
45 

Pallasadoes to be erected, and fortifi- 
cations completed. 7 vol. 48 

Commissioners to be paid. 7 vol. 48 
Compensation allowed persons for dam- 
ages incurred in the public service. 7 
vol. 48 

Sea wall to be built. 7 vol. 16, 28 
Platform to be rebuilt. 7 vol. 28 
Line of sea wall altered. 7 vol. 41 
Brick wall to be built, and how. 7 
vol. 61 

Bridge and breastwork. 7 vol. 63 
Repairs. 7 vol. 63 
Workmen and materials may be press, 
ed. 7 vol. 64 

May be punished for idleness and dis- 
obedience. 7 vol. 65 

Powder Magazine. 7 vol. 65 
Further regulations and provi.«ions as 
to fortifications in Charleston, 7 vol. 65 
Fort Johnson repaired. 7 vol. 67 
Negroes killed or maimed working on 
the fortifications, to be paid for. 7 vol. 
69 

Powder, how to be kept, 7 vol. 69 
Further fortifications in Charleston, 
erected. 7 vol. 72 

Assessment, and penalty for not pay- 
ing, 7 vol. 72 

Work, how to be carried on. 7 vol. 72 



Further law to preserve the fortifica^ 
tions in Charleston. 7 vol. 75 

Vacant lands within, disposed of. 7 
vol. 75 

Commissioners appointed to assess the 
value of certain lands used for fortifica- 
tions in Charleston in 1315, their assess. 
ment to be returned to the Legislature. 
7 vol. 124 

Fort in Charleston, to be repaired. 2 
vol. 176, 194 

Indemnification to be made to proprie- 
tors on the lines aad fortifications of 
Charleston. 3 vol. 606 

General issue may be pleaded, and this 
Act given in evidence. 3 vol. 608 

Commissioners appointed to ascertain 
the boundaries of land, of several forts 
and fortifications belonging to the public, 
and sell the same. 4 vol. 648 



FORT-STREET. 
Council authorized to close it. 7 vol.155 



FORTUNE-TELLERS. 
Tax on. 5 vol. 711 



FOSTER, GEO. E. M. 
Comptroller to settle with him for tax 
executions received by him as Sheriff of 
Pendleton, for collection. 6 vol, 40 

FRAMES. 
See Burning of Frames. 



FRAUDS. 

See Barrels. Fraudulent Conveyances 
and Deeds. 

Punishment of obtaining money, &c. 
by means of counterfeit letters or privy 
tokens. 2 vol. 476 

Justices authority touching said offen. 
ders. 2 vol. 477 

Authority of justices of peace in cities, 
(Sic. 2 vof. 477 

Remedy of party grieved. 2 vol. 477 

Debtor upon judgment, &c, tak-iig up 
money of another upon a mortt^age, 
without notice of the judgment to the 
mortgagee, shall lose his equity to re- 
deem. 2 vol. 535 

Person mortgaging twice, without no- 
tice of first mortgage, loses his equity. 
2 vol. 536 

Under mortgagees may redeem. 2 
vol. 536 



FRAUDS. 



257 



Dower saved. 2 vol. 536 

Rice fraudulently mixed and sold, to 
be forfeited. 3 vol. 498 

Viewers to be nominated, who may 
appoint a third person. 3 vol. 498 

Adjudication to be made within 48 
hours. 3 vol. 498 

Casks to be made of well seasoned 
white oak. 3 vol. 498 

Weight and contents of barrels and 
casks of various articles. 3 vol. 498 

Not to be shipped before being marked 
by the public packer. 3 vol. 499 

Who may open suspected casks. 3 
vol. 499 

Casks of beef and pork for foreign 
markets, to be first marked and branded. 
3 vol. 499 

Packers, how to be nominated. Their 
oaths. Their fees. 3 vol. 499 

Fraud in putting up pitch or rosin. 3 
vol. -500 

If condemned, to be forfeited. 3 vol. 
500 

In case of no condemnation, the cur- 
rent price to be paid. 3 vol. 500 

If the owner do not live on his planta- 
tion, the forfeiture to fall on his overseer 
or manager. 3 vol. 500 

Fraud in the packing of cotton, pun- 
ished. 6 vol. 180 



FRAUDS, [STATUTE OF.] 

Parol leases and other interest of free- 
hold shall have the force of estates at 
will only. 2 vol. 525 

Except leases not exceeding 3 years, 
&c. 2 vol. 525 

No leases or estates of freehold shall 
be granted or surrendered by word. 2 
vol. 526 

Promises and agreements by parol, by 
an Executor or Administrator, to bind 
his own estate ; by any one to pay the 
debt of another, or in consideration of 
marriage, or for any interest in lands, or 
that is not to be performed within one 
year, are void, unless the agreement or 
memorandum thereof be put in writing, 
and signed by the party to be charged, 
or some one lawfully authorized. 2 vol. 
526 

Devises of land shall be in writing and 
attested by 3 or 4 witnesses. 2 vol. 526 

How the same shall be revocable. 2 
vol. 526 

VOL. X— 33. 



All declarations or creations of trusts, 
shall be in writing. 2 vol. 526 

Trusts transferred or extinguished by 
implication of law, are excepted. 2 vol. 
526 

Assignments of trusts shall be in wri- 
ting. 2 vol. 527 

Lands, &c. shall be liable to the judg- 
ments, &c. of cestui/ que trusty and held 
free from the incumbrances of the person 
seized in trust. 2 vol. 527 

Trust shall be assets in the hands of 
heirs. 2 vol. 527 

No heir shall, by reason thereof, be- 
come chargeable of his own estate. 2 
vol. 527 

Estates pur auter vie, shall be devisa- 
ble, and shall be assets in the heir^s hand, 
and where there is no special occupant, 
shall go to executors. 2 vol. 527 

The day ot signing any judgment 
shall be entered on the margent of the 
roll. 2 vol. 528 

And such judgments, as against pur- 
chasers, shall relate to such time only. 2 
vol. 528 

Writs of execution shall bind the pro- 
perty of goods but from the time of their 
delivery to the officer. 2 vol. 528 

Contracts for sales of goods for d£10 
or more, to be in writing. 2 vol. 528 

The day of enrolment of the recogni- 
zances shall be set down, and lands in the 
hands of purchasers bound from that time 
only. 2 vol. 528 

Nuncupative wills. 2 vol. 528 

Evidence of. 2 vol. 529 

Probates of. 2 vol. 529 

Soldier's and mariner's wills excepted. 
2 vol. 529 

Husband not compellable to make dis- 
tiibution of the personal estate of his 
wife, but it becomes his upon adminis- 
tration. 2 vol. 529 

See note, 2 vol. 745 



FRAUDULENT CONVEYANCES, 

DEEDS AND GIFTS. 
See Mortgages and Conveyances. Mar- 
riage Settlements. 

All deeds of gift made to defraud credi- 
tors, shall be void. 2 vol. 453 
See note. 2 vol. 717 
Fraudulent deeds made to avoid the 
debts of others shall be void, and the 



268 



FREEHOLD. 



penalties of the parties to such fraudulent 
assurances. 2 vol. 497 

All fraudulent conveyances and securi- 
ties made to avoid the debt or duty of 
others shall be void. 2 vol. 497 

Forfeiture of the parties to fraudulent 
deeds. 2 vol. 497 

Who shall have the forfeiture, and by 
what means. 2 vol. 497 

Common recoveries against the tenants 
of freehold. 2 vol. 498 

Making an estate whereby a voucher 
may be used in a formedon. 2 vol. 498 

Estates made upon good consideration 
and bona fide. 2 vol. 498 

See note. 2 vol. 738 

Fraudulent conveyances made to de- 
ceive purchasers, shall be void. 2 vol. 
499 

Penalty of parties to fraudulent con- 
veyances who do avow the same. 2 vol. 
500 

Conveyances made upon good conside- 
rations and bona fide. 2 vol. 500 

Lands first conveyed with condition of 
revocation or alteration, and after sold 
for money or other good consideration. 
2 vol. 500 

Mortgages lawfully made not impeach, 
ed. 2 vol. 501 

Conveyances made to evade taxes void. 
2 vol. 673. 3 vol. 211, 262 

Conveyances, settlements, or gifts by 
any other ways or means, by a man hav- 
ing a wife and lawful children, to a bas- 
tard child or children, or to a woman 
with whom he lives in adultery, of more 
than one fourth of his estate, after pay- 
ment of debts, declared null and void. 5 
vol. 271 

FRAUDULENT DEVISES. 

Wills fraudulent against creditors. 2 
,vol. 533 

In such cases, debt upon bond jomtly 
sueable against heir and devisees of an 
pbligor. 2 vol. 534 

Devisee chargeable for false plea, as 
an heir. 2 vol. 534 

Devise for raising portions, pursuant 
to a marriage contract, good. 2 vol. 534 

Devisee chargeable as heir. 2 vol. 535 



causing it to be fraudulently packed, with 
intent to cheat, or offering for sale any 
such Cotton, knowing the same to be 
fraudu'ently packed, punished for first 
offence by fine not exceeding one thou- 
sand dollars nor less than ten dollars, and 
imprisonment not exceeding six months 
nor less than one. 6 vol. 180 

For the second offence, to receive not 
more than twenty lashes, nor less than 
five, on the bare back, and be further 
liable to all the disabihties of the com- 
mon law or otherwise, imposed on such as 
have suffered corporal punishment. 6 
vol. 181 



FREEDOM OF ELECTION. 

Penalty on those violating the freedom 
of election. 2 vol. 689 

Fine to go to the use of the poor. 2 
vol. 689 

FREEHOLD. 

See Trespass to try Titles. Titles. 

Slaves and negroes to be accounted 
freehold in all cases, and to descend as 
such, except where other goods and chat- 
tels are insufficient to pay the debts, then 
so many only as are" necessary, as well 
proportionably out of the slaves assigned 
for dowry, as those that belong to the 
heirs or executors, shall be sold to pay- 
debts. 7 vol. 343 



FRAUDULENT PACKING OF COT- 
TON. 
The fraudulent packing of Cotton, or 



FREEHOLDERS. 

See Court for trial of slaves. Charles- 
ton. SlaveJwlders. Jury and Jurors. 

The freeholders and slaveholders with- 
in the parishes of St. Philip and St. Mi- 
chael, shall have the exclusive power of 
determining, without the intervention of 
the magistrate or magistrates, the ques- 
tion of guilty or not guilty, on the trial of 
any slave or free person of colour, for 
any offence, within the said parishes. 6 
vol. 419 

Three freeholders or slaveholders shall 
hereafter be necessary for the trial of any 
slave or free person of colour for any 
ofl^ence not capital, within the said par- 
ishes, instead of two, as now established 
by law. 6 vol. 419 

FREEMAN. 
No freeman shall be taken, or imprison- 
ed, or be disseized of his freehold, or 



FREE SCHOOLS. 



259 



liberties, or free customs, or be outlawed, 
or exiled, or any otherwise destroyed. 2 
vol. 417 

See note. 2 vol. 715 

None shall be attached or forejudged 
contrary to the great charter or the law. 
2 vol. 426 

FREE NEGRO. 
See Slaves and free persons of colour. 
Taxes. 



FREE SCHOOLS OF THE STATE. 

Commissioners appointed and incorpo- 
rated. 2 vol. 342 

Meetings to be held every 2d Tuesday 
in July, and officers chosen. 2 vol. 343 

President to issue summons. 2 vol. 
343 

Provision in case of death or absence 
of officers. 2 vol. 344 

Same of commissioners. 2 vol. 344 

In what cases the acts of a meeting to 
be valid. 2 vol. 344 

Gifts and legacies. 2 vol. 344 

Suits at law. 2 vol. 344 

Grants by Proprietors. 2 vol. 345 

Appointment of masters and teachers, 
2 vol. 345 

Power to prescribe rules and regula- 
tions. 2 vol. 345 

Masters and teachers to hold and enjoy 
all lands given or granted. 2 vol. 345 

A teacher, of what. 2 vol. 346 

Repealed by Act, 1712. 2 vol. 396 

Salaries of masters and ushers of the 
free school in Charleston, to be paid out 
of public treasurv. 3 vol. 377 

Repealed by Act, 1712. 2 vol. 396 

John Douglas to be master of the 
school. 2 vol. 376 

Salarv, £3 per annum for each scholar. 
2 vol. 377 

Master may recover his pay for scho- 
lars by suit at law. 2 vol. 377 

In case of death or surrender, another 
schoolmaster -to be appointed, not to be 
displaced but by General Assembly. Pre- 
sident of commissioners appointed. For- 
feiture for commissioners' non-attend- 
ance. 2 vol. 377, 378. (Repealed.) 

Free school in Charleston. 2 vol. 389 

Names of commissioners of this Act. 
2 vol. 390 

Their powers. 2 vol. 390 



Commissioners to meet yearly and 
choose officers. 2 vol. 390 

Hon. Charles Craven first President. 
2 vol. 391 

In case of death or resignation of offi- 
cers, commissioners to choose new ones. 
2 vol. 391 

Remaining commissioners to elect 
others in case of vacancy. 2 vol. 391 

Commissioners to meet twice a year. 2 
vol. 391 

Penalty for neglect. 2 vol. 392 

All gifts and legacies to be appropriat- 
ed to a free school. 2 vol. 392 

Commissioners to take up land, and 
build houses for teachers. 2 vol. 392 

John Douglas to be first master of the 
school. 2 vol. 392 

Provision in case of vacancy. 2 vol. 
392 

Master of school to be of church of 
England, and to understand Latin and 
Greek. 2 vol. 393 

Commissioners to prescribe rules for 
the government of school. 2 vol. 393 

Any person giving £20 may nominate 
one scholar to be taught free for five 
years. 2 vol. 393 

Privileges and salary of master 
vol. 393 

Twelve scholars to be taught free 
vol. 393 

£4 per year, for each scholar 
taught free. 2 vol. 394 

If more pupils than the master 
manage, an usher to be appointed 
vol. 394 

Writing master to be appointed. 2 
vol. 394 

How the receiver is to pay public sala- 
ries. 2 vol. 394 

Schoolmasters in every parish to have 
6eiO per annum. 2 vol. 395 

Vestry of each parish to choose a 
place for school-house to be built. 2 vol. 
39.5 

Persons sued may plead general issue. 
2 vol. 395 

Two former Acts repealed. 2 vol. 396 

A number in each election district in 
the State, equal to the number of mem- 
bers sent to the House. 5 vol. 639 

Primary elements of learning, reading, 
writing and arithmetic, always to be 
tauffht, and such other branches of edu-' 



2 



not 

can 
2 



60 



FREE SCHOOLS. 



cation as the Commissioners may direct. 
5 vol. 639 

Every citizen of the State entitled to 
send his children or wards to any free 
school in his district, free from expense 
of tuition : a preference to be given to 
poor orphans and the children of indi- 
gent parents, where more children apply 
than can be conveniently taught in a 
school. 5 vol. 639 

Three hundred dollars per annum ap- 
propriated for each school, from the pub- 
lic treasury. 5 vol. 639 

Commissioners for each election dis- 
trict, not less than three nor more than 
thirteen, to be appointed by the Legisla- 
ture. 5 vol. 639 

To continue in office three years, and 
until another appointment shall be made. 
5 vol. 639 

Powers of the commissioners. 5 vol. 
039 

Number of schools may be increased 
or diminished at the discretion of the 
commissioners. 5 vol. 639 

Commissioners to meet annually on the 
4th Monday in January in each year, 
and shall annually elect a chairman and 
secretary, and shall meet quarterly, on 
the 4th Monday of April, July and Octo- 
ber, and may fill vacancies in their board. 
5 vol. 639 

And on the death, resignation or ab- 
sence from the State of the chairman or 
secretary, shall at the next quarterly 
meeting, if a majority be present, ap- 
point a successor. 5 vol. 640 

The secretary of each board shall keep 
a regular journal, which shall always be 
open to the inspection of the Legislature. 
5 vol. 640 

If the fund is not enough to employ a 
teacher for the year, then he is to be 
employed for the greatest time the money 
will allow. 5 vol. 640 

Each board shall, at its quarterly meet- 
ing in October, make a regular return to 
the Legislature, or to any one the Legis- 
lature may direct, of the number of 
months each of their schools have been 
open the preceding year, of the number 
of scholars each quarter, of the sums 
drawn for each school, 6lc. 5 vol. 640 

Schools to be designated by number or 
name, and mode of drawing on the trea- 
sury. 5 vol. 640 



Schools may be removed annually. 5 
vol. 640 

Public and private funds may be unit- 
ed. 5 vol. 640 

Number of commissioners in each dis- 
trict. 5 vol. 640 

Appropriation for free schools, which 
has been continued ever since, $37,000, 
annually. 5 vol. 738 

Commissioners to draw for unexpend- 
ed balances, in the several districts. 6 
vol. 24, 112 

Appropriation for. 6 vol. 25 

Commissioners to draw for unexpended 
balances. 6 vol, 50 

Thirty-seven thousand dollars annually 
appropriated. See Appropriations. 

Commissioners of, to draw on the 
Treasurer of their division, for the mo- 
nies appropriated, in the same manner as 
they now draw on the comptroller. 6 
vol. 109 

Commissioners to draw on the Trea- 
surer of their division, and not upon the 
Comptroller; but the commissioners of 
districts that have not made returns, not 
to draw, unless such return be submitted 
to and approved by a subsequent legisla- 
ture. 6 vol. 133, 171 

The twelfth clause of the Act to raise 
supplies for 1821, authorizing the com- 
missioners of free schools to draw on the 
treasurers as they have heretofore done 
on the comptroller, repealed. 6 vol. 196 

Commissioners to draw on the comp- 
troller, who shall give his warrant on the 
Treasury, if they have complied with the 
requisites of the law. 6 vol. 197 

No commissioners shall hereafter draw 
out all the money granted for such free 
schools, but shall in their orders specify 
the teachers in whose favour they are 
drawn, the name or number of the school, 
and the length of service rendered, and 
the comptroller shall grant no warrant on 
any orders not drawn in pursuance of 
this Act, and that of 1811. 6 vol. 197 

Comptroller not to pay .such as have 
made no returns. 6 vol. 197 

Comptroller not hereafter required to 
draw any warrant on the treasury in fa- 
vour of free schools, but the treasurers 
shall have full power to pay otf any or- 
der drawn upon them by the commission- 
ers, within his division, provided the 
order specifies the name and number of 



FREE SCHOOLS. 



261 



the school, and name of the teacher. 6 
vol. 225 

In no case the commissioners to draw 
for more than is actually due, or less than 
one quarter's salary, except upon final 
settlement. 6 vol. 225 

Treasurers not to pay off any orders of 
commissioners, unless they have made 
satisfactory returns to the Legislature, as 
required by law. 6 vol. 225 

The tenth section of the Act to raise 
supphes, passed 21st December, 1822, 
(6 vol. 197,) or so much as prescribes the 
manner in which the Commissioners shall 
draw the school fund, repealed ; and the 
commissioners to draw as before that Act. 
6 vol. 227 

Each boarxl of commissioners who 
shall neglect, unless upon good excuse, 
to make a return to ^he Legislature, as 
now required by law, shall, on indict- 
ment, pay a fine of fifty dollars. 6 
vol. 228 

May be removed from office by joint 
vote of the Legislature, and the report 
of the Joint Committee on Education 
shall be conclusive evidence of their fai- 
lure to make returns, unless the contrary 
be shewn by them. G vol. 229 

The Comptroller shall direct the Solici- 
tor of the circuit in which the commis- 
sioners reside, to bring suit in any court 
of competent jurisdiction, for the recove- 
ry of all sums drawn by any board, and 
not accounted for by regular return ; and 
the commissioners, each and every of 
them, are declared liable for the same. 6 
vol. 229 

No appropriation, or unexpended bal- 
ance of appropriation, made for the sup- 
port of free schools, remaining undrawn 
on the 1st of January, 1827, shall be 
drawn from the Treasury, but shall re- 
main to the credit of the State. 6 vol. 
378 

No appropriation, or unexpended bal- 
ance of appropriation, for free schools, 
shall hereaf^ter be drawn from the treasu- 
ry, after (wo years from the day the ap- 
propriation shall have been made. 6 vol. 
378 

Any person hereafter appointed by the 
Legislature or the board, a commissioner 
of free schools, who refuses to 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 peace ; provided, how- 
ever, that no person shall be compelled 
to serve more than three years in six. 6 
vol. 529 

Any commissioner of free schools, 
who, being notified thereof, shall neglect, 
without a sufficient excuse, to be allowed 
by the board, to attend a regular or spe- 
cial meeting of the board, shall be lined 
the sura of five dollars, which shdU be 
recovered and applied in the manner ex- 
pressed in the first section. 6 vol. .'i29 

On or before the 1st day of March 
next, the commissioners of free schools, 
in their respective districts and parishes, 
shall divide the district or parish into as 
many school divisions as in their discre- 
tion they may deem best ; provided, that 
the number of school divisions shall not 
be less than the number of schools, if 
there be as many schools as commission- 
ers, in the district or parish. 6 vol. 529 

One commissioner shall be appointed 
by the board, to superintend each of 
said school divisions, who shall be liable 
to the penalties hereinafter imposed for 
neglect of duty in respect of the school 
under his charge. 6 vol. 530 

The board of commissioners, in any 
district or parish j shall not employ a 
teacher until he shall have been first ex- 
amined by the board, and found qualified 
for that duty. 6 vol. .530 

Each board of commissioners shall 
nominate and appoint three trustees to 
each school in their respective districts 
and parishes, whose duty it shall be, with 
the commissioner of the school division, 
to supervise (he school submitted to their 
care, and recommend applicants for ad- 
mission. 6 vol. 530 

The commissioner of each school divi- 
sion, for neglect or abuse of the powers 
and duties entrusted to him by law, shall 
be liable to indictment, and, on convic- 
tion, shall be fined an amount not less 
than twenty nor more than fifty dollars : 
And for neglect of the powers and duties 
entrusted by law to the board of commis- 
sioners, they shall be liable to indictment ; 
and on conviction of one or more of 
said commissioners, he or they shall be 
severally fined a sum not less than twenty 
nor more than fifty dollars. 6 vol. 530 

Number of commissioners for Lexing- 



262 



FREE SCHOOLS. 



ton increased to twelve instead of five. 6 
vol. 552 



FREE SCHOOL, AT CHILDSBERRY. 

Sums subscribed and bequeathed, to be 
one fund. 3 vol. 364 

Names of trustees. 3 vol. 364 

Trustees impowered to elect masters 
and ushers. 3 vol. 364 

Trustees may receive gifts, legacies, 
&c. 3 vol. 364 

Qualitication of trustees and voters. 3 
vol. 364 

How vacancies to be filled. 3 vol. 364 

Trustees to meet once in three months. 
3 vol. 364 

Appropriation of a legacy. 3 vol. 364 

Persons subscribing hereafter, to have 
the same privileges as former subscribers. 
3 vol. 366 

Trustees empowered to lend money. 3 
vol. 366 

FREE SCHOOL, AT DORCHESTER. 

Erected at Dorchester. 3 vol. 236 

Persons within named, and their suc- 
cessors, to be one body politic and corpo- 
rate, by the name of the commissioners 
of the free school at Dorchester. 3 vol. 
378 

Said commissioners to meet yearly on 
the 23d April, to choose a President for 
the year ensuing. 3 vol, 379 

Alexander Skene, Esquire, President, 
shall summon the commissioners to meet 
to appoint officers, &c. 3 vol. 376 

On the death or resignation of any 
officer, commissioners to appoint others. 
3 vol. 379 

Commissioners dying or resigning, re- 
maining to choose new ones. 3 vol. 380 

On the death or resignation of the 
President, any five commissioners may 
choose another. 3 vol. 380 

Commissioners to meet once a year, or 
oftener, to transact their business. 3 
vol. 380 

Penalty on any commissioner, being 
summoned, neglecting to attend. 3 vol. 
380 

Commissioners empowered to sue for 
all gifts, &c. given for the use of the 
free school by this Act to be established. 
3 vol. 380 

Impowered to take up land for the use 
of said school. 3 vol. 381 



Qualification and duty of school-master, 

3 vol. 381 

Commissioners to set down rules and 
statutes for better government of the 
school. 3 vol. 381 

Persons sued may plead the general 
issue. 3 vol. 381 

Commissioners appointed to organize 
the same. 4 vol. 23 

Ten poor scholars to be taught gratis. 

4 vol. 24 

Further regulations concerning. 4 vol. 
41 



FRENCH CHURCH. 

Authorized to compound with heirs of 
Isaac Mazyck for legacy left the Church, 
5 vol. 81 

In St. Thomas and St. Dennis, dispos- 
ed of, all the French congregation being 
dead, and no one in law to take charge 
of, &c. 9 vol. 225 



FRENCH CITIZENS. 
Not bound to do militia duty 
493 



8 vol. 



FRENCH CONSUL. 

To settle diflTerences between French 
seamen and their commanders, 1779. 4 
vol. 476 

Also between merchants and other sub- 
jects of France. 4 vol. 476 

His power over transient seamen. 4 
vol. 476 

Who are transient persons. 4 vol. 476 

Limited to one year. 4 vol. 476 

FRENCH SETTLEMENT. 
Erected into the parish of St. James 
Santee. 2 vol. 268 



FRESH PURSUIT. 
No retaking on fresh pursuit to be 
given in evidence on action of escape, 
unless specially pleaded, nor any special 
plea, unless on oath that the escape was 
without consent of the marshall, &c. 2 
vol, 555 



FRIGATE, SOUTH CAROLINA. 

One commissioner refusing to act, the 
remaining eight to have the power of 
the whole. 4 vol. 644 

The Attorney General directed to file a 
bill of interpleader to settle the claims of 



GAMING. 



263 



parties, and of claims upon the State, and 
to draw warrants on the Treasury in pay- 
ment of claims decided against the State. 
5 vol. 662 



FROST, REV'D. THOMAS. 
Naturalized, with his descendants, on 
taking oath of allegiance and abjuration. 
5 vol. 92 



FUNDED DEBT. 

See Public Debt. 

Of the State, to be bought in by the 
Treasurer of the Lower Division, under 
the direction of the Comptroller and 
Standing Committee of the Legislature. 
5 vol. 39.^ 

Of the State, to be bought in, with the 
interest annually received from stock 
owned by the State, b vol. 426, 444, 
476, 486, 491, 519, 538, 559 



FURY, PEREGRINE. 

Appointed agent of tiie colony in En- 
gland. 3 vol. 307 

Continued as Agent for the Province 
in Great Britain, and his compensation. 
6 vol. 616. 

Committee to correspond with him. 6 
vol. 616 



GAILLARD, THEODORE. 

One of tbe Judges of the State, allowed 
to leave the same for a certain time. 5 vol. 
695 

One of the Judges, authorized to leave 
the State for 8 months. 6 vol. 99 



GAMING. 

Inconvenience of immoderate and un- 
lawful use of gaming, 2 vol. 517 

Deceits and cozenages in gaming. 2 
vol.518 

Penalty. 2 vol. 518 

How to be sued for and recovered. 2 
vol. 518 

Prevention of excessive and immoder- 
ate gaming. 2 vol. 518 

Penalty. 2 vol. .ol8 

See Note. 2 vol. 744 

All notes, securities, &c. mortgages, 
&c. where the consideration is for money 
won by gaming, or for repayment of 
money lent at such gaming, &c. shall be 
void. 2 vol. 565 



And where such mortgages, &c. shall 
encumber any land, &c. they shall de- 
volve to such person as should have been 
entitled to them, in case such grantor had 
been dead, &c. 2 vol. 565 

And all conveyances to hinder such 
lands, &c. from devolving, &c. shall be 
void. 2 vol. 565 

The loser of £10 at cards, &c. may sue 
for the money within three months. 2 vol 
566 

And if the loser does not sue, &c. 
any other person may, &c. and recov- 
er with treble value ; one moiety to 
the informer, the other to the poor. 2 vol. 
566 

Person sued shall answer upon oath, to 
discover the money won. 2 vol. 566 

Person who shall so discover and repay, 
shall be indemnified from further punish- 
ment. 2 vol. 566 

Any person wining by fraud, &c. 
above £10 at one sitting, and convicted 
thereof on indictment, &c. shall forfeit 
five times the value, be deemed infamous, 
and sufier as in cases of wilful perjury. 2 
vol.567 

Two Justices of Peace may cause per- 
sons having no visible estate, &c. to be 
brought before them, and unless they 
make it appear that they do not maintain 
themselves by gaming, shall find sureties 
for their good behaviour for 12 months, 
or be committed. 2 vol. 567 

Persons so finding sureties, and playing 
for 20 shillings during the time, shall for- 
feit recognizance. 2 vol. 567 

Challenging and assaulting, &;c. on ac- 
count of money won at play, to forfeit all 
his goods and be imprisoned 2 years. 2 
vol. 567 

This Act shall not extend to prevent 
gaming in any of the Queen's palaces 
during her residence there. 2 vol. 568 

See Note. 2 vol. 749 

All secureties given for money (negotia- 
ble notes excepted) shall be void. 3 vol. 
777 

And where the securities are of lands, 
such security to devolve upon such per- 
sons as would be entitled, in case the 
person encumbering it were dead. 3 vol. 
778 

All money lost by gaming above 5 
pounds, may be recovered by suit or ac- 
tion of debt. 3 vol. 778 



264 



GAMING. 



And the person losing may recover tre- 
ble value, with costs, unless repaid by the 
winner, within 10 days. 3 vol. 778 

Defendant may be compelled to answer 
upon oath in equity. 3 vol. 779 

But not where money and costs are re- 
paid. 3 vol. 779 

Fraudulent gaming liable to indictment. 
3 vol. 779 

Limitation, 3 years. 3 vol, 779 

Promises to pay gaming debts void, 
and all securities given for the same. 4 
vol. 158 

Incumbrances on land, to go to the 
person entitled, if grantor had died. 4 vol. 
158 

Money or goods lost at gaming, may be 
recovered. 4 vol. 159 

Winner to answer on oath, and discover 
in Equity. 4 vol. 159 

Discoverer and refunder exempted from 
further penalties. 4 vol. 159 

Cheating at cards, dice, &c. how to be 
punished. 4 vol. 160 

Penalty for assault or challenge, grow- 
ing out of gaming. 4 vol. 160 

Keepers of public houses not to permit 
gaming. 4 vol. 160 

. Penalty on apprentices and others for 
gaming. 4 vol. 161 

Proceedings of justices of peace, on 
complaint being made of gaming. 4 vol. 
161 

Witnesses to be summoned. 4 vol. 

161 

Penalty on refusing to appear. 4 vol. 
161 

Any inhabitant to be a competent wit- 
ness. 4 vol. 161. 

Justices of peace and constables impow- 
ered to enter gaming houses and arrest the 
inmates. 4 vol. 162 

A Public Act. Limitation 7 years. 4 
vol. 162 

Act of 1762, continued for 7 years. 4 
vol. 321 

Penalty against gaming, enticing, in- 
veighling, defrauding and swindling. 5 
vol. 177 

Justices of the Peace to cause offen- 
ders to be apprehended. 5 vol. 177 

Court of wardens to try all offenders in 
Charleston. 5 vol. 177 

City Council to regulate how juries 
are to be chosen for this purpose. 5 vol. 
i78 



All securities or conveyances, given in 
any part for gaming consideration, void. 
5 vol. 178 

All mortgages, securities or other con- 
veyances on real property, so given, shall 
devolve upon such person or persons as 
shall have been or may be entitled to such 
real estate, in' case the said grantor or 
persons so incumbering them, had been 
dead, and as if such incumbrances had 
been made to them ; and all grants and 
conveyances made to defeat this provision, 
shall be deemed fraudulent and void. 5 
vol. 178 

Additional Act against gaming. 5 vol. 
432 

Games not to be played at. 5 vol. 432 

Such as may be played at. 5 vol. 432 

Keepers of taverns, inns, retail stores, 
or public places where gaming has been 
carried on, how punished. 5 vol. 433 

Penalties. 5 vol. 433 

Keepers of gaming tables to be treated 
as vagrants. 5 vol. 433 

Justices of the Peace, by warrant, may 
order such gaming table to be be seized, 
and publicly burnt or destroyed. 5 vol. 
433 

Other Acts not repealed by this. 5 vol. 

433 

Prohibited to play at any tavern, inn, 
and store for retailing, or in any house 
used as a place for gaming, or in any 
barn, kitchen, stable, or other out house, 
or in any street, highway, or in any open 
wood, highway, racefield or open place, 
at any game or games, &;c., (except the 
games of billiards, bowls, backgammon, 
chess, draughts or whist, where there is 
no betting.) 6 vol. 27 

Or to bet on the sides or hands of such 
as do game. 6 vol. 27 

Any justice of the peace or quorum 
may, upon view or information on oath, 
bind over to appear at next court, and in 
case of failure to give security, to commit 
persons so offending. 6 vol. 27 

Shall also bind over the keepers of ta- 
verns, inns, stores, &c., to appear at the 
next sessions. 6 vol. 27 

Penalty upon conviction. 6 vol. 27 

Penalty for keeping a gaming table. 6 
vol. 27 

Games excepted. 6 vol. 27 

Sheriffs, and theirdeputies, coroners and 

their deputies, justices of the peace and 



GAMING. 



265 



quorum, and all constables, before they 
shall be qualified to act in their respective 
offices, shall take an oath to enforce this 
Act. 6 vol. 27 

Offenders to be committed to gaol, not 
exceeding 12 months, or until penalty and 
costs are paid. 6 vol. 28 

No license to retail spirituous liquors 
to any one convicted under this Act. If 
granted, null and void, and shall not be 
received in evidence upon indictment. 6 
vol. 28 

Money staked or betted, forfeited, one 
half to the informer, and the otlier half to 
the State. 6 vol. 28 

Suspected houses may be forcibly en- 
tered, under warrant from any State Ma- 
gistrate, intendant or any warden of the 
city, or city marshall of Charleston, 
granted on information, by oath, of any 
credible witness, of such offence existing, 
wherever the said offences are alleged to 
prevail. 6 vol. 28 

Party becoming State's evidence by 
permission of Attorney General or Solici- 
tor, freed from penalties, and entitled to 
one half of the fines recovered. 6 vol. 28 

All laws contrary to this Act, repealed. 
6 vol. 28 

If any person shall, within ten miles of 
the South Carolina College, keep any 
house as a bawdy-house, or house of com- 
mon prostitution, or shall reside in, or be 
an inmate of, such house, or shall be sup- 
ported or gain a maintenance by common 
prostitution, or shall keep or use any 
house as a house lor gaming, or shall aid 
or assist in keeping such house, or shall 
keep any faro-bank, or other device for 
gaming, every such person as aforesaid, 
shall be proceeded against as a vagrant ; 
and upon conviction of any of the offen- 
ces above enumerated, shall be deemed a 
vagrant, and either enter into recogni- 
zance to the State in the sum of two 
thousand dollars, with two good and sufH- 
cient sureties, (who shall be freeholders) 
in the sum of one thousand dollars each, 
to be taken and approved before the clerk 
of the court of Richland District, con- 
ditioned not to oflend against the provi- 
sions of this Act for the space of three 
years, or in default thereof, shall be forth- 
with committed to the gaol of the district, 
to be dealt with as a vagrant. 6 vol. 553 

If any person after having given bond 
VOL. X.— 34. 



as aforesaid, shall again, within the limits 
before prescribed, keep any bawdy-house, 
house of common prostitution, or house 
for gaming, either with cards or any other 
game or device, such person shall be sub- 
ject to indictment therefor, and on con- 
viction, shall be fined, for every day such 
offence is proved to have been committed, 
not exceeding one thousand dollars, and 
be imprisoned not exceeding 12 months. 
6 vol. 553 

Any justice of the peace or quorum 
is authorized and required, upon the writ- 
ten requisition of the Faculty of the South 
Carolina College, through their presiding 
officer, or of the Solicitor of the circuit 
wherein the same is situated, suggesting 
the name of any offender against the pro- 
visions of this Act, and any witness ne- 
cessary to the investigation, forthwith to 
issue warrants to bring before him such 
offender and witnesses ; and if, upon in. 
vestigation before such justice, sufficient 
evidence shall appear to satisfy him that 
further proceedings are warranted , a court 
shall be organized as in other cases for 
the trial of vagrants, before which such 
oflender shall be tried and dealt with, as 
before directed ; and it shall be the duty 
of every sheriff and constable to whom 
any process for tlic enforcement of this 
Act may be directed, to execute the same 
with all practicable dispatch, according to 
its mandate; and he shall, when required, 
return, on oath, his proceedings thereon. 
6 vol. 554 

Upon conviction in cnse of indictment 
for any offence specified in this Act, the 
tax costs of the Solicitor, recoverable from 
the defendant, shall be three hundred dol- 
lars, to be used by him as a fund for de- 
fraying the expenses incurred in enforc- 
ing the provisions of this Act. 6 vol. 555 

Penalty for gambling with a slave, free 
negro or person of color, or being willing- 
ly present, aiding and abetting. 7 vol. 
469 



GANTT, RICHARD. 
One of the Judges, authorized to leave 
the State for nine mouths. 6 vol. 44 



GAOLS AND G.\OLERS. 

See Prisoner.". Court Houses and 
Gaols. Covwiissioners of Court Houses 
and Gaols. Sheriff. Fees. 



266 



GAOLS AND GAOLERS. 



Gaol-keepers to be subject to fines, &c. 

as in England. 2 vol. 166 

Powers of gaol-keepers. 2 vol. 166 
Sessions and gaol delivery to be twice a 
year. 2 vol. 166 

Inquiry shall be made of gaolers, which 
by duress compel prisoners to appeal. 2 
vol. 424 

Sheriffs and gaolers shall receive offen- 
ders without taking any thing. 2 vol. 
425 

Prisoners in King's Bench or Fleet, to 
be detained there, or in the Rules. 2 vol. 
553 

Keeper suffering prisoners to go at 
large without Habeas Corpus, or note of 
court, made on petition in open court, 
deemed an escape. 2 vol. 554 

Upon judgment in action of escape, 
marshal or warden's fees to be sequester- 
ed for satisfaction. 2 vol. 554 

Marshal, &c., suing writ of error to 
reverse judgment, to put in special bail. 
2 vol. 554 

Penalty on marshal, &;c., taking any 
reward to connive at prisoner's escape. 2 
vol. 554 

This Act not to void securities given 
for lodging within the rules of said pri- 
sons. 2 vol. 555 

No retaking on fresh pursuit, to be 
given in evidence on action of escape, 
unless specially pleaded, nor any special 
plea, unless an oath that the escape was 
without consent of the marshal, &c. 2 
vol. 555 

Prisoner in execution escaping, may be 
re-taken by any new capias. 2 vol. 555 

Keeper refusing to shew prisoner, it 
shall be an escape. 2 vol. 555 

Penalty on marshal, &c., refusing to 
trive a note whether a person be a prison- 
er or not. 2 vol. 555 

Such note to be sufficient evidence. 2 
vol. 556 

On bill filed against warden, and a rule 
given out, judgment to be signed, unless 
pleaded to. 2 vol. 556 

No prisoner to pay chamber rent longer 
than in actual possession, nor above 2 s. 
6 d. per week. 2 vol. 556 

Penalty on demanding more. 2 vol. 
557 

Penalties, how disposed of. 2 vol. 557 

This Act to be a general law, and per- 

.sons sued for executing it, may plead the 



general issue, &c. 2 vol. 557 

Defendant to have double costs, if sued 
for putting in execution this Act. 2 vol. 
557 

To be the Provost MarshaFs house, or 
any other place, until a gaol be built, to 
be used as in Great Britain. 3 vol. 284 
Statute 8th and 9th of King William 
III, chap. 27, against escapes, (see 2 vol. 
553) to be of force in this Province. 3 
vol. 284 

One to be erected in Charleston. 4 
vol. 325 

Prisoners to be removed into new gaol. 
4 vol. 325 

Places for erecting court houses and 
gaols. 4 vol. 325 

Every sheriff and gaoler required to 
receive and keep persons committed by 
warrant from any judge or justice of the 
United States or of this State, under 
penalty of fine and imprisonment. 7 vol. 
257 

The sheriflf or gaoler shall give an ac- 
count, in writing, at every sessions within 
this Province, as often as the same shall 
be held, of what negroes he has in prison, 
with their marks and names, and the 
time they have been in his custody, and 
as near as he can learn, how long each 
has been from his respective owner, on 
penalty of fifty pounds for every default. 
7 vol. 346 

Penalty reduced. 7 vol. 379 
When to have his fees for a slave dying 
in gaol. 7 vol. 366 

What receipt he shall give for a runa- 
way. 7 vol.378 

To enter in a book the oath of the per- 
son who delivers him the runaway. 7 
vol. 378 

His duty as to runaways. 7 vol. 391, 
392 

Duty and liabilities as to runaways. 7 
vol. 405 

Commissioners appointed to build cer- 
tain gaols. 5 vol. 236 

Gaolers to receive and keep prisoners 
of the United States, in the same manner 
as those of the State. 5 vol. 379 

Compensation to be made by United 
States. 5 vol. 379 

Prisoners in gaol shall be furnished by 
the sheriff", at the expense of the State, 
with at least two blankets in winter sea- 
son. 5 vol. 379 



GAOLS AND GAOLERS. 



20t 



Gaols of certain counties ordered to be 
sold. 5 vol.466, 467 

The proceeds, how to be disposed of. 5 
vol. 467 

Fees for negroes confined and dieted in 
gaol, twenty-five cents per diem, and no 
more. 5 vol. 619 

Prisoners committed in Georgetown 
may be confined in Charleston, Williams- 
burgh, Marion or Horry, until the George- 
town new gaol is finished. 5 vol. 620 

The sheriff of Georgetown may de- 
mand the prisoners for trial. 5 vol. 620 

Appropriation for new gaol. 5 vol. 620 

In case of the destruction of the gaol, 
prisoners to be committed to the nearest 
gaol. 6 vol. 672 

Persons admitted to gaol bounds, to re- 
main in the district, within the same 
bounds. 5 vol. 672 

Gaolers to live in the gaol. 5 vol. 672 

Of Camden, to be re-built on a lot to 
be exchanged for. 5 vol. 690 

Five thousand dollars appropriated for 
rebuilding. 5 vol. 691 

The Governor to appoint, annually, a 
physician to attend the prisoners in 
Charleston gaol, who shall receive five 
hundred dollars salary, and no other per- 
son shall receive pay for services rendered 
them. 6 vol. 143 

The sheriff shall set apart a commodi- 
ous room in the gaol, for the exclusive 
use and jurisdiction of the Coroner, for 
the confinement of all persons legally 
committed to his charge. 6 vol. 262 

It shall be the duty of the gaolers of the 
several districts, at the sitting of each 
court of sessions, to report to the presiding 
judge the names of the persons confined 
in gaol, who are Lunatics, Idiots or Epi- 
leptics, with the cause of their detention. 
6 vol. 383 

GAOL BOUNDS. 
Of Charleston, defined and established. 
6 vol. 361 



GAOL DELIVERY. 
Justices of peace may let prisoners to 
bail. Sheriff to certify the names of all 
his prisoners at the gaoUdelivery.^ 2 vol. 
452 



GAOL FEES. 

See Insolvent Debtor. 



GAOL LOT. 

Penalty for erecting any building, fence 
or wall of any kind, on the gaol lot or 
square, or for occupying or using, &c., 
any such building, &c., unless erected or 
used by the gaoler for his accommodation. 
5 vol. 597 

Six months allowed for removing any 
heretofore erected. 5 vol. 597 



GARDEN, ALEXANDER. 
Allowed to sell the estate of Henry 
Peronneau, (1779.) 4 vol. 485 



GARNISHEES. 

See Attachment. 



GARRISONS. 

In the State, to be visited by supervi- 
sors. Altamaha, Savannah and Pallachu- 
las. 3 vol. 185 

Mode of enlisting and paying soldiers 
serving:. 3 vol. 393 



GENDRON, JOHN. 
Exempt from certain road duties. 9 
vol. 120 

GENERAL ASSEMBLY. 

See House of Commons. Electionst 
Legislature. 

The Assembly of 17th December, 1719, 
declared legal, notwithstanding the want 
of writs of summons. 1 vol. 57 

The power of the Proprietors abolished, 
and the new government under Governor 
Moore, declared legal. 1 vol. 57 

Of 1719, declared lawful. 1 vol. 57 

Their rejection of the Proprietors' go- 
vernment, and establishment of that of 
the Governor and Assembly. 1 vol. 58 

Of South Carolina, in 1739, consisted 
of 44 members, representing 16 parishes. 

1 vol. 430 

Duration of this Assembly, three years. 

2 vol. 79 

To be called yearly. 2 vol. SO 

Members 'to forfeit 10 s. for every day's 
voluntary absence. 2 vol. 80 

How collected. 2 vol. 80 

Proprietors may adjourn, prorogue, or 
dissolve. 2 vol. SO 

How Acts of may be repealed. 2 vol. 
101 

Members of to receive the sacrament. 
2 vol. 232 



268 



GENERAL ASSEMBLY. 



Oath of conformity to be taken by 
members. 2 vol. 233 

Profession of conformity. 2 vol. 233 

Oath and declaration, how taken and 
subscribed. 2 vol. 233 

Members to take the oath and declara- 
tion, instead of the oath of allegiance and 
supremacy. 2 vol. 234 

Additional oath, as to the security of 
her jnajesty and succession. 2 vol. 234 

When to be taken. 2 vol. 234 

Penalty for sitting and voting before 
taking these oaths. 2 vol. 234 

In case of non-conformity, the candi- 
date next highest in number of votes to 
be chosen. 2 vol. 235. (repealed.) 

Qualification of voters to elect mem- 
bers of. 2 vol. 349 

Oath to be tendered to voters. 2 vol. 
249 

Penalty on sheriff making false return. 

2 vol. 249 

Sheriffs to attend the Assembly. 2 vol. 
249 

Penalty for undue declaration. 2 vol. 

250 

Voters in the next county. 2 vol. 250 
Sheriff to publish his precept. 2 vol. 

250 

Elections to be in a public place. 2 vol. 

250 

To continue two days. 2 vol. 250 
Votes, how to be taken. 2 vol. 250 

No Proprietor to vote. 2 vol. 251 

Former Act repealed. 2 vol. 251 

Continues itself for two years longer. 
2 vol. 266 

Present Assembly to convene for two 
years after the ratification of this Act, 
unless prorogued. 2 vol. 266 

To continue on the death of the Gover- 
nor. 2 vol. 267 

And for 18 months after the change of 
government. 2 vol. 267 

The Governor and Council may con- 
vene the Assembly. .2 vol. 267 

Power of the Governor not impaired. 2 
vol. 267. (Expired.)' 

Members to meet at a day appointed 
by Governor and Council. 2 vol. 687 

Members dying or removing, new writs 
to issue. 2 vol. 688 

Members chosen under this Act, to 
have like power with former ones. 2 vol. 
688 



Qualification of members. 2 vol. 688 

Managers of elections to attend the 

Commons House for two days. 2 vol, 

689 

Penalty for neglect. 2 vol. 689 

Penalty on those who violate the free- 
dom of election. 2 vol. 689 

Fine to go to the use of the poor. 2 vol. 
689 

Member, in such case, to be rendered 
incapable of sitting as a member. 2 vol. 
690 

Voters for members to be free from 
writs against them, 2 vol. 690 

Sixteen members to make a house. 'Z 
vol. 690 

If no more than seven members appear, 
Governor may adjourn the house. 2 vol. 
690 

Members to qualify as usual. 2 voL 

691 

None to be dissolved but by the same 
power that called them. 2 vol. 605 

On first meeting of the Assembly, if 
there be not a sutficient number to choose 
a Speaker, then seven may adjourn from 
day to day. 2 vol. 605 

"^ix members, with the Speaker, may 



adjourn the Assembly. 2 vol. 605 

Session of the House of Commons con- 
tinued for three months after the time ex- 
pired for which it was elected. 2 vol. 
626 

Qualification of a representative. 3 
vol. 3 

Not to extend to the inhabitants of 
deserted parishes. 3 vol. 3 

Proviso as to qualifications of a repre- 
sentative. 3 vol. 3 

Said qualifications to be read over when 
the Assembly meets, and an oath to be 
taken. 3 vol. 4 

No salaried person qualified to sit as a 
member. 3 vol. 4 

Repealed. 3 vol. 55 

Continued one month longer. 3 vol. 
69. 

General Assembly of Dec. 1719, declar- 
ed legal, (though no writ of summons is- 
sued,) as if it had been summoned accord- 
ing to usual form. 3 vol. 97 

Ordinance to adjourn. 3 vol. 97 

Can only be adjourned by ordinance of 
General Assembly, of Governor, Council, 
and House of Representatives. 3 vol. 98 



GENERAL ASSEMBLY. 



269 



Members of, to be chosen after the 
manner and at the places appointed by 
this Act. 3 vol. 135 

Writs for electing members of Assem- 
bly, when to be issued, to whom directed, 
and how executed. 3 vol. 135 

Number of Representatives to be cho- 
sen. 3 vol. 137 

Qualifications of the elected, and quali- 
fication oath. 3 vol 137 

In case of death or refusal, new writ to 
be issued. 3 vol. 137 

Power and privilege of such member. 3 
vol. 138 

Managers of elections to attend the 
Commons House, the two first days of 
their sitting. 3 vol. 138 

No less than 19 members shall make a 
House to transact business, nor less than 
seven to adjourn. 3 vol. 139 

In case none, or a less number than 
seven, should appear, then the Governor 
and Council may name another day for 
the meeting. 3 vol. 139 

A newly elected member first to take the 
usual oaths, and sign the declaration. 3 
vol. 140 

Every General Assembly to be dissolv- 
ed every 3 years, and not discontinued 
or intermitted above six months. 3 vol. 
140 

The present Assembly shall be held a 
lawful x^ssembly, and all the Acts passed 
therein deemed laws of the Province. 3 
vol. 140 

All former Acts concerning the elec- 
ting of members of Assembly, repealed. 3 
vol. 140 

This Act repeals No. 227, 365, 373, 
394. 

See Note. 3 vol. 785 

No member of House of Commons to 
be Treasurer, Comptroller, or powder Re- 
ceiver. 3 vol. 148 

Two members to be chosen for Win- 
yaw. 3 vol. 172 

Dispute whether Governor or Assembly 
should choose a clerk. 3 vol. 273 

How many members of Assembly shall 
be chosen by the parishes of St. Paul's, 
St. John's Colleton, Prince George Win- 
yaw and Prince Frederick. 3 vol. 375 

Qualification of electors, and of persons 
elected. 3 vol. 657. 

Oath of members elected. 3 vol. 657 

No officer of the public holding a place 



of profit shall sit as member of Assembly. 
3 vol. 657 

Sessions of the Legislature to be yearly. 
3 vol. 657 

Repeal of certain clauses of the Act of 
Sept. 21, 1721. 3 vol. 658 

Number of represen.atives allowed for 
Prince Williams. 3 vol. 659 

St. Peter''s to send one member. 3 vol. 
609 

Section 5, of Act of May 25, 1745, 
repealed after one year. 3 vol. 692 

General Assembly to continue but 2 
years after the date of the writs. 3 vol. 692 

Persons scrupulous of taking oath, may 
be elected and sit, on making affirmation. 
3 vol. 692 

Terms and mode of qualification. 3 vol. 
693 

Penalty of perjury on false affirmation. 
3 vol. 692 

Parish of St. James to send two mem- 
bers of Assembly, and parish of St. Ste- 
phen, one. 4 vol. 9 

St. Mark''s and Prince Frederick, each 
to send 2 members to the Assembly- 4 
vol. 37 

Qualifications of a representative. 4 
vol. 99 

His oath. 4 vol. 100 

Oath may be administered by Justices 
of the peace. 4 vol. 100 

Shall not be dissolved by death of the 
King, but to continue 6 months after no- 
tice thereof. 4 vol. 149 

Governor may dissolve, or prorogue. 4 
vol. 149 

In case of death of the king, and no 
writs issued, the last preceding Assembly 
to convene. 4 vol. 150 

Members to be elected from St. 3Ia- 
thew's. 4 vol. 231 

St. Lukes and All Saints parish, each 
to send two members. 4 vol. 267 

Number of Representatives to be chosen 
for the parishes of St. James and St. 
Matthew. 4 vol. 299 

Number of Representatives for parishes 
of St. Mark and St. David. 4 vol. 301 

Part of former election Act repealed. 4 
vol. 356 

Qualifications of members of Assembly, 
1776. 4 vol. 356 

Their oath. 4 vol. 356 

To-take the oath of fidelity, 1776. 4 
vol. 357 



k 



270 



GEORGETOWN. 



Representatives for parishes of Prince 
George, and All Saints. 4 vol. 407 

Number of members of Assembly from 
St. Matthew's and Orange parishes. 4 
vol. 409 

Oath to be taken by members of the 
Senate and House of Representatives, 
1773. 4 vol. 458 

Pardoned persons eligible to vote, or 
be elected to General Assembly, 1782. 4 
vol. 511 

Persons entitled to vote and hold office, 
on certain conditions. 4 vol. 511 

Pardoned persons entitled to vote, on 
complying with the conditions of the pro- 
clamation. 4 vol. 511 

Such persons to produce a certificate 
before voting. 4 vol. 511 

Oath of member. 4 vol. 511 



GENERAL ISSUE. 
See Debt on Bond. 



GEORGE. 
A slave, bought and emancipated by the 
State, and a pension allowed him. 6 vol. 
195 

GEORGE I. 
His Majesty King George, acknowledg- 
ed and declared. 3 vol. 125 



GEORGIA. 

See Boundary. Convention. 

Report and Resolutions of Georgia on 
the powers of the General Government as 
to the TaritTand other matters. 1 vol. 274 

Memorial on the Tariff. 1 vol. 277 

Remonstrance to the Taritf States. 1 
vol. 286 

8,000 pounds currency appropriated to 
the inhabitants of Georgia. 3 vol. 3G3 

To be raised by a tax of 3d per gallon 
on imported rum. 3 vol. 363 

To be levied and paid to the Treasurer. 
3 vol. 363 

To be collected as heretofore and paid 
to J. Oglethorpe or order. 3 vol. 363 

Bills of credit issued to assist Georgia. 
3 vol. 595 

GEORGETOWN. 

See Jury and Jurors. 

Commissioners nominated to lay bouys 
and erect beacons or land-marks. ^ vol. 
407 



Assessment to be levied to pay expen- 
ses. 3 vol. 407 

Pilots to be appointed. 3 vol. 407 

Penalty for removing bouys. 3 vol. 
408 

Vessels from Charleston to pay but 
half fees. 3 vol. 408 

Act limited to three years. 3 vol. 40S 

Receivers, Comptrollers and Waiters 
of the country duties appointed. 3 vol. 
598 

Bouys and beacons to be erected, and 
pilot boats provided. 3 vol. 678 

Commissioners nominated to lay bouys, 
&.C. and build or purchase pilot boat or 
boats. 3 vol. 760 

Assessment of 1000 pounds per annum 
for three years — one third on stock in 
trade, and two thirds on land and slaves. 
3 vol. 760 

Commissioners to make out an annual 
assessment. 3 vol. 761 

Enquirers and collectors may enforce 
the same. 3 vol. 761 

Inhabitants that are exempted from 
this assessment. 3 vol. 761 

Surplus of a former appropriation, now 
appropriated to the purposes of this Act. 

3 vol. 761 

Commissioners may appoint pilots. 3 
vol. 761 

Fees of pilotage. 3 vol. 762 

Penalty for removing bouys. 3 vol. 
762 

Commissioners dying, removing, or 
refusing to act. 3 vol. 762 

Governor may disapprove an appoint- 
ment. 3 vol. 7(i2 

General issue may be pleaded and this 
Act given in evidence. 3 vol. 762 

Powder duty to be paid. 3 vol. 762 

Limitation, 8 years. 3 vol. 763 

Country waiter appointed for. 3 vol. 
776 

Comptroller of country duties appoint- 
ed. 4 vol. 44 

An Act laying bouys and erecting bea- 
cons in Georgetown harbour, and regu- 
lating pilotage, continued for 5 years. 4 
vol. 151 

Commissioners to employ pilots and 
build pilot boats for Georgetown. 4 vol. 
597 

Salary of pilots and rates of pilotage. 

4 vol. 598 



GEORGETOWN. 



271 



Additional tonnage laid on vessels. 4 
vol. 598 

Names of commissioners, &c. 4 vol. 
598 

Divided into four counties, viz. Win- 
yaw, Wiiliamsburgh, Kingston, Liberty, 
4 vol. 662 

Not lawful to raise hogs in George- 
town. 4 vol. 673 

Lawful to kill hogs running at large. 
4 vol. 673 

Persons to be fined for allowing hogs 
to run at large. 4 vol. 673 

Commissioners of the streets to be 
elected by the inhabitants. 4 vol. 673 

A new market place assigned. 5 vol. 
22 

No butcher to expose to sale any meat 
in any other place of said town, or with- 
in a mile. 5 vol. 22 

Under forfeiture of the meat and five 
pounds, to be collected before the com- 
missioners. 5 vol. 22 

One half of the forfeiture to the poor, 
and the other to the informer. 5 vol. 22 

Unwholesome meat to be destroyed. 5 
vol. 22 

Negroes not allowed to sell (without a 
ticket enumerating each article,) any 
rice, corn, poultry, or other provision, 
(fresh fish excepted.) 5 vol. 22 

Commissioners to contract for building 
a market, &c. 5 vol. 22 

Weights and measures to be of the 
standards fixed in Charleston. 5 vol. 22 

Forfeiture, if not of that standard. 5 
vol. 22 

Commissioners to contract for cleaning 
streets. 5 vol. 22 

Penalty on persons allowing obstruc- 
tions to remain in the streets. 5 vol. 23 

The powers of trustees vested in the 
commissioners. 5 vol. 23 

How commissioners and clerk to be 
chosen. 5 vol. 23 

Penalty for opposing, obstructing or 
insulting the commissioners in the per- 
formance of their duties. 5 vol. 23 

Commissioners may plead the general 
issue. 5 vol. 23 

Authorized to sell the old market site, 
to re-build the new market. 5 vol. 24 

Have the power to fix the rates of 
wharfage and storage in town. 5 vol. 24 

Market place altered. 5 vol. 62 



Commissioners of streets appointed. 5 
vol. 186 

Their powers and duties. 5 vol. 186, 
187 

This a public Act. 5 vol. 187 

The first deed, mortgage, &c. of per. 
sonal property, recorded in Georgetown 
in the Register's office, shall have priori- 
ty. 5 vol. 187 

Additional commissioners appointed for 
erecting a Magazine and Labaratory in 
or near Georgetown. 5 vol. 319 

Town Council of Georgetown may 
summon witnesses to give evidence be- 
fore them. .5 vol. 523 

Constables to execute such summons. 
5 vol. 524 

Persons disobeying summons to be 
proceeded against, by process from Coun- 
cil, in the same manner as a witness in 
the district court. 5 vol. 524 

Part of the street to be conveyed for 
use of the gaol. 5 vol. 524 

Commissioners appointed to run the 
line between it and Horry. 5 vol. 545 

Rates of storing and weighing produce 
in Georgetown regulated. 5 vol. 623 

Inspection of produce, naval stores, 
lumber, or any other article (tobacco ex- 
cepted) brought to market from the inte- 
rior, without the consent of the owner, 
abolished. 5 vol. 623 

The Bank of the State authorized to 
establish a branch at Georgetown, with the 
same powers of that at Columbia. 6 vol. 

The charter amended, and power given 
to the Town Council to tax lots occupied 
exclusively by slaves or free persons of 
color ; provided it does not exceed 8100 
for each lot. 6 vol. 221 

Town Council to lay a tax on all free 
persons of color who keep any store or 
shop, not to exceed $100. 6 vol. 221 

To compel all persons, not residents of 
the town, and coming there for the pur- 
pose of trading, to take out a license ; 
but to refund the license if the person 
continues to reside there nine months. 6 
vol. 221 

Penalty and price of license. 6 vol. 
222 

Town Council may sell any portion of 
the commons in the vicinity of the town, 
for the use of the said town. 6 vol. 222 



272 



GLEBES. 



The prison bounds extended to the 
limits of the town. 6 vol. 438 

The powers given to the Governor or 
City Council of Charleston, as to the 
quarantine laws, given to the Town 
Council of Georgetown, as to vessels ar- 
riving in the harbour of said town, or 
arriving, or wrecked, or stranded, on the 
sea coast or islands within 20 miles of 
said town. .6 vol. 474 

The amount of the bond to be given by 
the Commissioner in Equity for George- 
town district. 6 vol. 506 

incorporated ; divided into wards ; 
elections, how to be held ; oath of office ; 
vacancies, how filled ; penalty for refus- 
ing to serve and for malpractice ; powers 
of the Council. 8 vol. 227, 229 

Town ofhcers to be appointed ; in case 
not ; Council to be Commissioners of 
streets ; powers of quarantine ; inspec- 
tors and pacivers of produce to be appoint- 
ed. 8 vol. 230, 231 

To regulate inspection of tobacco, 
timber, flour and bread ; commissioners 
to deliver records to the Council ; wards ; 
8 vol.232, 233 



GEORGETOWN, (BANK OF.) 
See Banks. 

Corporate powers and privileges, 
vol. 91 



GERVAIS, JOHN LEWIS, AND 

OTHERS. 
Relief afforded to, in the purchase of 
certain public property. 5 vol. 180 



GIBBES, JOHN. 
His administrators relieved from a 
double tax. 6 vol. 53 



GIBBES, W. H. 
Master in Equity, allowed to leave the 
State for a limited time. 6 vol. 100 



GILESBOROUGH. 

Commissioners of streets, and powers. 
9 vol. 464 



GILLET, AARON. 
A tract of land vested in him. 
688 



4 vol. 



GILLET, ELIJAH. 
A sum of money restored to him on 
account of his father's estate. 5 vol. 
716 



GILLET'S LANDING. 
See Public Landms;. 9 vol. 435 



GINS. 



See Saw Gins. 

GIST, STATES. 
Certain lands to be conveyed to States 
Gist. 6 vol. 85 



GLEBES. 

See St. James Santee. 

Allotted for the rector of each parish. 
2 vol. 237, 284 

Commissioners empowered to take a 
grant of 50 acres of land on Port Royal 
Island, for a glebe, for the use of Rector 
of St. Helena. 3 vol. 13 

To get a more suitable glebe for the 
rector of St. George Dorchester. 3 vol. 
237 

Church. wardens of St. George's parish 
to have power to sell the glebe to the 
best bidder, and purchase another tract 
for glebe. 3 vol. 237 

Glebe at Chehaw, St. Bartholomew's, 
may be sold, and slaves bought for the 
recter of that parish. 4 vol. 152 

An Act for laying out part of the glebe 
of the parish of St. Philip, Charleston, 
in lots, repealed. 8 vol. 131 

Vestry and wardens of Claremont 
church authorized to sell a tract of land 
conveyed by Richard Richardson to the 
vestry and church-wardens of St. Mark's 
for a glebe. 5 vol. 98 



GOATS. 
Penalty for marking, branding or dis- 

figuring. 4 vol. G22 

Penalty for stealing. 4 vol. 622 
Penalty for stealing goats. 5 vol. 140 
Penalty for marking, branding or dis. 

figuring the goat of another. 5 vol. 140 
Slave not to mark or brand any, but 

in presence of some white person. 5 vol. 

140 



GOATS AND SWINE. 
Not to go loose in Charleston, on for- 
feiture of the goat, and penalty of 5s. 



GOVERNOR. 



273 



current money, to them that shall kill or 
take up the same. 7 vol. 9, 18 

To be killed and carried away, and 
proclaimed within 2 hours. 7 vol. 9 

May ^e redeemed, and how. 7 vol. 
9, 19 

Not to go at large in Charleston, or 
forfeited to the use of the poor. 7 vol. 
76 



GOOCH, JOHN. 
The right of the State, by escheat, in 
the real estate of James Gooch, vested 
in John Gooch and his heirs. 6 vol. 96 



GOODS AND CHATTELS. 
Slaves liable in the same manner for 
debts as goods and chattels, and when 
other goods are not sufficient to satisfy 
the debt, then so many slaves only as 
are necessary, as well proportionably out 
of the slaves assigned for dower as those 
that belong to the heirs and executors, 
shall be sold for payment of debt ; and 
all negroes and slaves shall be accounted 
as freehold, in all other cases, and des- 
cend accordingly. 7 vol. 343 



GOOSE CREEK. 
Navigation to be improved, and drains 
made in its vicinity. 7 vol. 543, 544 



GORDON, ROGER. 
His estate allowed further time to pay 
taxes. 5 vol. 347 



GORDON, WILLIAM. 
Authorized to practice law. 5 vol. 605 

GOUGH, THOMAS. 

The Secretary of State to give up to 
him a bond for building and keeping in 
order a bridge over Pon Pon river, at 
Jacksonborough. 5 vol. 460 

Ferry at Jacksonborough vested in 
him. 5 vol. 460 

GOURDIN, T. 
Comptroller General to make him titles 
to a tract of land, sold under the confis- 
cation Act. 6 vol. 138 

Comptroller to proceed against all per- 
sons in possession of such lands. 6 vol. 
138 

VOL. X— 35. 



GOVERNMENT. 

See Governor and Council. 

That of the Lords Proprietors being 
abolished, that of Gov. Moore and the 
Assembly established. 1 vol. 58, 59 

The Proprietors of South Carolina sur- 
render theirs to George the 2d. 1729. 1 
vol. 60 

Of South Carolina, prior to 1739. Le- 
gislative authority vested in 3 branches ; 
Governor, Council and Assembly. 1 vol. 
4.30 

GOVERNOR. 

See OJicAal Bonds. 

Governors of South Carolina at differ- 
ent periods. 1 vol. 19 

His fees. 2 vol. 3, 19, 40 

Authorized to appoint public receiver. 
2 vol. 112 

The Governor is not to be considered 
out of his government by going to St. 
Augustine. 2 vol. 195 

The major part of the Council may act 
in his place. 2 vol. 195 

Council may aajourn the general quar- 
ter sessions. 2 vol. 196 

Empowered to enlist soldiers. 2 vol. 
320 

Ammunition enumerated to be sent by 
Governor to Indians. 2 vol. 321 

Empowered to raise £3,000 in twenty 
shilling bills. 2 vol. 322 

Draughts on Receiver by Governor, to 
be paid. 2 vol. 323 

Repealed by Act of April 24th, 1708, 
which is also repealed by Act of March 
20th, 1718-9. 2 vol. 323. (Note.) 

Authorized to impress necessaries for 
garrisons at Savanno town. 2 vol. 696 

Authorized to carry an expedition 
against Indian enemies. 3 vol. 2 

Authorized to impress horses for car- 
r5ang expresses. 4 vol. 176 

Mode regulated, and compensation. 4 
vol. 176 

Powers vested in him during recess of 
the Legislature, to defend the State, 
(1779.) 4 vol. 470 

Authorized to dispose of the militia. 4 
vol. 470 

To provide for families of draughted 
persons. 4 vol. 470 

To restrain all vendues and commercial 
transactions and proceedings of court of 
common pleas. 4 vol. 470 



2T4 



GOVERNOR. 



To repair and garrison forts. 4 vol. 470 

Embodying seamen and laying up pro- 
visions. 4 vol. 471 

Warrant for taking goods for public 
service. 4 vol. 471 

Expenses paid by the State. 4 vol. 471 

Power of the Governor. 4 vol. 471 

Protection of the ordinance to persons. 
4 vol. 471 

Limitation of ordinance until ten days 
after meeting of the Legislature. 4 vol. 
471. (Expired.) 

Power to arrest and confine dangerous 
persons, (1779.) 4 vol. 481 

No bail to be granted. 4 vol. 482 

Proviso. 4 vol. 482 

Limitation to one year. 4 vol. 482 

To appoint agents in behalf of this 
State to a Federal Court. 4 vol. 753 

The 2d section of the Act of 1769, as 
authorizes the Governor to appoint and 
commission persons in certain cases, to 
hold the Courts of Sessions and Common 
Pleas, repealed. 6 vol. 94 

To appoint receiver of the monies aris- 
ing from sales of the Cherokee lands. 6 
vol. 96 

Deprived of the power of filling vacan- 
cies in the sheriff's office. 6 vol. 185 

In case of vacancies, to order new 
elections. 6 vol. 185 

The Act authorizing the Governor to 
issue writs of election in case of certain 
vacancies in the office of sheriff, repealed. 
6 vol. .339 

To appoint, annually, a physician to 
attend the prisoners of Charleston gaol, 
who shall receive a salary of $500, and 
no other person shall be paid for services 
rendered them. 6 vol. 143 

His power to fill vacancies in the office 
of Ordinary, taken awdy. 6 vol. 292 

When vacancies occur, to issue a writ 
of election, ordering a new election. 6 
vol. 292 

His authority to enforce the quaran- 
tine laws. 6 vol. 472 

To appoint a commissioner for each 
State, to take the acknowledgement of 
deeds. 6 vol. 504 

The Governor for the time being shall 
appoint two persons, one from the upper 
anJ the other from the lowf^r division of 
this State, to remain in office until the 
expiration of his term of office, who, 
together with himself, shall constitute a 



board of commissioners, to be called the 
commissioners of the deaf and dumb, of 
which board he shall be President. 6 
vol. 513 

To fill vacancies in the office of Tax 
Collector, where it shall be deemed ne- 
cessary to fill the same before the regular 
time for holding the regular election, 
and until such time, to enter upon the 
duties of his office when he shall have 
given bond and sureties, and to continue 
in office until a successor shall be duly 
elected and commissioned. 6 vol. 559 

And majority of the King's Council, 
actually resident in the Province at the 
time, may hold court of chancery. 7 
vol. 192 

Allowed to grant leave of absence to 
certain public officers for a reasonable 
time, on account of sickness or other 
proper cause. 7 vol. 276 

May, in the absence, sickness or ina- 
bility of the judge to hold the circuit 
court of law, commission some proper 
person to hold it in his place. 7 vol. 299 

May proclaim martial law in time of 
invasion. 7 vol. 351 

May order out militia, in case of inva- 
sion, or apprehension thereof, and under 
what circumstances and restrictions. S 
vol. 488, 493, 495 

When he may appoint commissioners 
of roads, &c. or fill vacancies. 9 vol. 8, 
289, 292 



GOVERNOR AND PRIVY COUNCIL. 

Certain powers vested in them, (1779.) 
4 vol. 505 

May stop vendues and proceedings of 
the court of common pleas. 4 vol. 505 

Governor may erect forts, provide mili. 
tary stores, &;c. 4 vol. 505 

May cause search to bo made for pro- 
visions concealed. 4 vol. 505 

And draw on the treasury for any sums 
necessary. 4 vol. 505 

A quorum of the Council not attend- 
ing, the members present may transact 
business. 4 vol. 506 

General issue may be pleaded. 4 vol. 
506 

The battalion of artillery to be under 
the command of the Governor. 4 vol. 
506 

Limitation to one year. 4 vol. 506 

Certain powers vested in the Governor 



GRANTS. 



275 



and Privy Councilj for defence of the 
State, (1783.) 4 vol. 567 

Powers of the Governor to do all mat- 
ters expedient and necessary, &c. 4 vol. 
567 

Goods, dtc. may be seized for the pub- 
lic service. 4 vol, 568 

A quorum of the Council not meeting, 
those present may transact business. 4 
vol. 568 

General issue may be pleaded. 4 vol. 
668 

Limitation of this Ordinance. 4 vol. 568 

GOVERNOR'S HOUSE. 

Commissioners appointed to purchase 
land and build a house for the Governor. 
2 vol. 380 

Land to be within six miles of Charles- 
ton. 2 vol. 380 

To be for the use of the Governor and 
his successors forever. 2 vol. 380 

A brick dwelling house to be built on 
said land. 2 vol. 380 

Receiver to pay for house and land, not 
over £1000. 2 vol. 380 

Out of what monies to be paid. 2 vol. 
380 

Ordered to be built in Columbia, 1786. 
4 vol. 751 



GRACIA, FRANCIS. 

Exclusive privilge granted him for 
making a machine for pounding Rice. 6 
vol. 621 

Price for license to erect one. 6 vol. 
621 

Pattern to be kept. 6 vol. 622 



GRAIN. 
City council of Charleston authorized 
to regulate the sale of, by weight or mea- 
sure. 7 vol. 143 



GRAND JURORS. 
See Jury and Jurors. 
Allowed $1 per day, as in case of Petit 
Jurors. 6 vol. 238 



GRAND JURY. 
No indictor shall be put upon the 
Inquest of the party indicted. 2 vol. 439. 



GRANTS. 
See Evidence — Lands. Surveys. Lord's 
Proprietors. Quit Rents. 



Of forfeitures before conviction, void. 
1 vol. 126 

Proprietory grants, how made ; form 
and condition thereof. 2 vol. 97, 100 

Rents reserved on them. 2 vol. 97, 101 

All grants and conveyances, &c. to be 
good without attornment of tenants. 2 
vol. 434. 

Proviso. 2 vol. 434 

All grants under the public seal of this 
Province, signed by the Governor, deputy, 
or any one commissioned for the purpose, 
to be held good. 3 vol. 48 

Excess of land beyond the quantity in 
the grant, good, if not exceeding one fourth,- 
For what exceeds that, a new grant to be 
taken. 3 vol. 48 

Disputes to be decided by the known 
lines of the original survey, and not by 
quantity. 3 vol. 49 

Repealed by Lords Proprietors. 3 vol. 
68 

Doubts concerning titles to lands by 
reason of defective grants, as to the joint 
tenants of Proprietors, removed by an Act 
of Assembly, ratified 16th March, 1695 
(2 vol. 96.) 3 vol. 297 

Recital of the Act. 3 vol. 297 

Further removal of such doubts, and 
former grants made valid* 3 vol. 298 

All persons claiming under the same 
may hold against his majesty &c. notvvith- 
standing any misnomer, &c. or defects in 
describing the lands. 3 vol. 298 

Notwithstanding any want of livery 
and seizin, &;c. and notwithstaning any 
defect in form or substance. Saving to 
all persons, &;c other than to his majesty, 
&c. 3 vol. 299 

Provided, this Act not to abridge the 
right of Lord Carteret. &c. 3 vol. 300 

A person who has formerly paid his 
purchase money, and meeted out lands, 
may have grants at the old quit-rent. 3 
vol. 300 

Provided, such person take oath that 
the land was surveyed for him or his an- 
cestor, and has paid tax for the same. 3 
vol. 300 

Who deemed lawful surveyors. 3 vol. 
300 

Penalty on officers taking unlawful 
fees. 3 vol. 301 

Act to ascertain prices of land, iScc. re- 
pealed. (2 vol. 96.) 3 vol. 301 

Records and certified copies of grants' 



276 



GRANTS. 



in the Register's office, proved and re- 
corded, as good evidence as the original. 

3 vol. 303 

See Note to Peay vs. Picket, 3 Mc- 
Cord's Law Rep. 323 

Where the survey takes more or less 
than the grant calls for. 3 vol. 304 

Lands to be granted, 4 vol. 590 

Privileges granted to persons having 
located and settled lands before 1775. 4 
vol. 590 

Commissioners of locations to be ap- 
pointed in each circuit court district. 4 
vol. 590 

Surveyor general to make plats of land 
surveyed, and a record of plats and grants 
to be kept. 4 vol. 591 

Grants to be signed by the Governor. 

4 vol. 591 
Proviso. 4 vol. 591 

Warrants not paid for within 3 months 
to be null and void, and the lands granted 
to others. 4 vol. 592 

Proviso. 4 vol. 592 

No warrant to be had for more than 
640 acres. 4 vol. 592 

Repealed. 4 vol. 709 

Persons applying for a warrant to take 
an oath. 4 vol. 592 

Repealed. 4 vol. 709 

Laying off vacant lands on navigable 
streams. 4 vol. 592 

Surveys made beyond the Indian boun- 
dary declared null. 4 vol. 593 

Names of persons entitled to grants of 
land. 4 vol. 645 

Warrants of survey, &:c. to be issued 
gratis to the officers and men of the South 
Carolina Continental Line and Navy. 4 
vol. 647 

How lands between Toogaloo and Keo- 
wee may hereafter be granted. 4 vol. 
647 

Land to be granted for ten dollars per 
100 acres, 4 vol. 706 

Warrants to be returned to the Surveyor 
General. 4 vol. 707 

Grants to be signed by the Governor. 
4 vol. 707 

Purchase money to be paid, or secured 
to be paid, before the grants are signed. 
4 vol. 707 

Repealed. 4 vol. 709 

Proviso. 4 vol. 707 

Office and fees of Surveyor General. 
4 vol. 707 



Fees of officers. 4 vol. 708 

Caveats determinable, and proceedings 
thereon. 4 vol. 708 

Oath of Commissioners. 4 vol. 708 

A court of Caveats to be held monthly. 
4 vol. 708 

Repeal of three clauses of the Act of 
1784. (4 vol. 592.) 4 vol. 709 

Clause of the Act of 1785. (4 vol. 707.) 
Repealed. 4 vol. 709 

Time allowed for payment on lands 
gi anted. 4 vol. 709 

A grant of surveyed land, to be obtain- 
ed in six months. 4 vol. 709 

If not taken out in that time, maybe 
granted to another. 4 vol. 710 

Further time allowed to pay for lands 
granted. 4 vol. 747 

Persons neglecting to pay fees for sur- 
veys in 6 months, commissioners of loca- 
tions may certify them for any one pay- 
ing the same. 4 vol. 748 

GRANVILLE COUNTY. 
Created in 1785. 4 vol. 663 



515 



GREENE (MAJOR GENERAL.) 
Appointment of commissioners to pur- 
chase an estate for him, 1782. 4 vol 
State responsible. 4 vol. 515 

GREEN'S CREEK. 
What, head of. 9 vol. 88 



GREENVILLE DISTRICT. 

The new ceded lands made into a 
county, and county courts established. 7 
vol. 244 

Line between it and Laurens. 5 vol. 
220 

Court House of, to be erected in cen- 
tral situation. 5 vol. 230, 247 

Court to be held near it until finished. 
5 vol. 230 

Records to be removed as soon as con- 
venient. 5 vol. 230 

Commissioners appointed. 5 vol. 231 



GREENVILLE. 

Village incorporated and limits fixed. 6 
vol. 434 

To be governed by Intendant and four 
Wardens, freeholders. 6 vol. 435 

Election when, and who to vote. 6 vol. 
435 



GREENVILLE. 



277 



Oath of Intendant and Wardens. 6 vol. 
435 

Powers and duties of Town Council, 6 
vol. 435 

May affix fines not exceeding $50. 6 
vol. 435 

Nuisances to be abated and patrol duty 
performed. 6 vol. 436 

Vested with powers of Commissioners 
of Roads. 6 vol. 43G 

May compound with persons liable to 
work on the streets, roads, &c. 6 vol. 
436 

This a public Act, to continue of force 
four years, 6 vol. 436 

Its charter renewed, and monies here- 
after for licenses within the village, to 
be paid to the commissioners of roads for 
Greenville district. 6 vol. 535 

Commissioners of. 8 vol. 338, 339 

Town council to receive monies for 
licenses. 8 vol. 449 



203 



GREENVILLE ACADEMY. 
Escheated property vested in. 6 vol. 



GREENVILLE, [PEEDEE.] 

Streets, dec, vested in the public. 4 
vol. 650 

Markets to be held twice a week. 4 
vol. 650 

Two fairs to be kept annually in the 
said town. 4 vol. 650 

Director or rulers of said fairs, to be 
appointed. 4 vol. 650 

Who are to hold a court of piepoudre. 
Proviso. 4 vol. 650 

Directors to appoint a place where the 
fairs shall be kept. 4 vol. 651 

Toll gatherer to be appointed. 4 vol, 
651 

An account of sales to be made to the 
directors. 4 vol. 651 

No person to be arrested at said fairs, 
except for capital offences. 4 vol. 651 

Fines, &c., how to be recovered. 4 
vol. 651 



GREENWOOD ASSOCIATION. 
Incorporated. 6 vol. 536 



GREENWOOD, WILLIAM. 
Relieved from the Act of Confiscation 
and Banishment. 5 vol. 185 



GREGORY, PATSEY. 
The property of Hiram Co'eman, late 
of Union, liable to escheat, vested in Pat- 
sey Coleman. 6 vol. 263 



GRIMKE, JUDGE. 
His Public Laws. 1 vol. III. 

GROCERS. 
See Retailers. 



GUARD. 
See Charleston. Watch. 



GUARD HOUSE. 

In Charleston, appropriation to extend 
it. 7 vol. 152 

City council authorized to improve it, 
on certain conditions. 7 vol. 152 

Whole expenditure to be borne by the 
parishes of St. Philip and St. Michael. 7 
vol. 153 



GUARDIANS. 

See Trustee. Master and Commis- 
sioner. 

Guardians and Trustees to infants's 
estates, to render an account on oath, &c, 
(altered.) 3 vol. 667 

Persons may appoint guardians to their 
children, by deed, in their lifetime, or 
will at their decease. 3 vol. 707 

Guardians may take charge of all pro- 
perty belonging to children committed to 
their charge. 3 vol. 708 

The judges of the courts of common 
pleas, vested with the power to appoint 
guardians to minors in all cases where 
their rights may be concerned, in cases of 
partition of estates real or personal, in that 
court. 5 vol. 571 

Of negroes, may be appointed by the 
clerks of court, on petition. 7 vol. 299 

No master or commissioner to receive 
more than ten dollars for all duties con- 
nected with the appointment of a guardi- 
an. 7 vol. 324 

How appointed for a slave claiming his 
freedom. 7 vol. 398 

To free negroes, their duty. 7 vol. 
462 



GUARDIANS AD LITEM. 
May be appointed in chancery cases by 
master or commissioner. 6 vol. 412 



27S 



GUAGING. 



GUAGING. 

See Barrels. Beef. Pork. Rice. To- 
bacco. 

Barrels to contain twenty-eight gallons. 
2 vol. 55 

To be made of seasoned wood, and 
marked. 2 vol. 56 
Penalty. 2 vol. 5Q 

Penalty for illegal meat, or barrels, or 
package. 2 vol. 56 

Packer''s duty. 2 vol. 56 
Penalty for putting on board any un- 
marked barrels, &c. 2 vol. 57 

Counterfeiting the mark. 2 vol. 57 
No packer to mark any cask not search- 
ed. 2 vol. 57 

Packer's fees. 2 vol. 57 
Penalties, how to be recovered. 2 
vol. 57 

Act limited to twenty-one months. 2 
vol. 57 

Contents of barrels. 2 vol. 157 
To have mark of the maker. 2 vol. 
157 

Beef and pork, not to be exported un- 
less in barrels. 2 vol. 158 

Size of the pieces. 2 vol. 158 
Forfeiture. 2 vol. 158 
Searchers and guagers appointed. 2 
vol. 158 

Power of the searchers. 2 vol. 158 
In case of packer's neglect. 2 vol. 
158 

Brands to be procured. 2 vol. 159 
Penalty for delays. 2 vol. 159 
No beef, &;c., to be transported, unless 
under the packer's mark. 2 vol. 159 
Penalty on counterfeiting. 2 vol. 159 
The cooper's mark made necessary. 2 
vol. 159 

Penalty. 2 vol. 159 
Packer's fee. 2 vol. 159 
Forfeitures, how recovered. 2 vol. 
160 

Vacancies, how supplied. 2 vol. 160 
Act to continue for three years. 2 vol. 
160 

Guager appointed. 2 vol. 178 
Act to continue two years, 2 vol. 
179 

Beef, &c., already surveyed by the 
packer, may be exported. 2 vol. 264 

Beef imported for exportation, to be 
marked with the letter N. 2 vol. 265 
Packer appointed. 2 vol. 265 
May appoint deputies. 2 vol. 265 



Pieces not to be less than foUr pounds^ 
vol. 265 
2 Fees. 2 vol. 265 

Who may be appointed packers. 2 vol. 
298 

To give bond. 2 vol. 298 

Public guager and measurer appointed. 
2 vol. 347 

Public, to be appointed. 3 vol. 165 



GUERARD, PETER JACOB. 
Exclusive privilege given to him for the 
use of a certain engine for husking rice. 
2 vol. 63 



GUEST, WILLIAM. 
His land and personal property vested 
in Sarah Guest, on certain conditions. 4 
vol. 667 



GUNS. 
Penalty for firing, unnecessarily, at 
night times. 7 vol. 412 



GUN BOATS. 
Three to be fitted out. 5 vol. 347 



HABEAS CORPUS. 

Writs of habeas corpus, within three 
days after service, to be returned, and the 
body brought, if within twenty miles, 1 
vol. 117 

Time allowed for greater distances, 1 
vol. 118 

How, and before whom, to be brought. 
1 vol. 117 

By whom. 1 vol. 117 

Writs, how to be marked. 1 vol. 118 

Proceedings thereon in vacation time. 
1 vol. 118 

Persons neglecting for two terms to pray 
a habeas corfus, shall have none in vaca- 
tion. 1 vol. 119 

Officers, how to be proceeded against, 
for not obeying such writs. 1 vol. 119 

Persons set at large, not to be re-com- 
mitted, but by order of the court, 1 vol, 
119 

Persons committed for treason or felo- 
ny, shall be indicted the next term, or let 
to bail. 1 vol. 119 

To be tried the term after, or be dis- 
charged. 1 vol. 120 

May be still kept in custody for civil 
suit. 1 vol. 120 



HABEAS CORPUS. 



279 



Persons not to be removed from one 
prison to another, without cause. 1 vol. 
120 

Penalty for denying a habeas corpus. 1 
vol. 120 

Habeas corpus shall run into counties 
palatinate and privileged places. 1 vol. 
121 

No citizen or inhabitant shall be sent to 
prison beyond seas. 1 vol. 121 

Penalty for such imprisonment. 1 vol. 
121 

Persons contracting, and receiving ear- 
nest, to be transported, excepted. 1 vol. 
121 

Persons convicted of felony and pray- 
ing transportation, excepted. 1 vol. 122 

Imprisonments before the first June, 
1679, excepted. 1 vol. 122 

Offenders may be sent to be tried where 
their offences were committed, within the 
islands, plantations, dsc. of the King. 1 
vol. 122 

Prosecution for offences, within what 
time to be made. 1 vol. 122 

After the assizes proclaimed, no prison- 
er to be removed but bv a judge of assize. 

1 vol. 122 

Prosecutions for offences against this 
Act, to be brought within 2 years. 1 vol. 
122 

After assizes they may have habeas 
corpus. 1 vol. 122 

In suits for offences against this law, 
the defendants may plead the general 
issue, &;c. 1 vol. 122 

Persons committed as accessaries before 
the fact in petty treason or felony, shall 
not be removed or bailed otherwise than 
as before this Act made. 1 vol. 122 

First put in force in this State in 1692. 

2 vol. 74 

An Act to secure the liberty of the ci- 
tizen. 2 vol. 399 

Who empowered to put in execution 
this Act. 2 vol. 400 

Any two justices of peace, one of the 
quorum, may do so. 2 vol. 400 

Provost marshall or gaoler to give due 
obedience in the execution of a writ of 
habeas corjms. 2 vol, 400 

Penalty on officers neglecting their du- 
ty. 2 vol. 400 

All persons in the Province entitled to 
the benefit of this Act. 2 vol. 400 

Former Act for putting Habeas Cor- 



pus Act in force, repealed. 2 vol. 401 
See note by Editor. 2 vol. 714 
No writ to be granted to remove any 
prisoner out of gaol, except it be signed 
by the chief jnstice, or in his absence, by 
one of the justices of the court out of 
which it issues, under penalty. 2 vol. 483 
No public offic