every district court shall draw the aforesaid order on the treasurer as aforesaid, and have the said acts in his possession for distribution, on or before the tenth of March in each and every year. The act of Dec. 1813, contains the same provisions as above.] TIT. 4. TITLE 5. Adjutant General. TIT. 5. 1. BE it enacted, That the legislature, on the first organi- A. A. 1794. zation of the militia of this state, shall choose, by ballot, an adjutant general, who shall be of the rank of heutenant colo nel. 2. And whereas it has been represented to the legislature, that the duty of adjutant general is very laborious, and attended with considerable expense: 1 Faust How and by whom chosen. Be it therefore enacted, That the salary of the said officer shall A. A. 1795. be, in future, one thousand dollars per annum: Provided he 2 Faust 36. shall attend the different regimental reviews throughout the His salary. state once in every year. years. 3. And be it further enacted, That so much of this act as re- To be contilates to the office, salary and duties of the adjutant general, nued for three shall continue in force for and during the term of three and from thence to the end of the next session of the legislature thereafter, and no longer. years, For the salary of the adjutant general, two thousand dol- A. A. 1813. lars. [See Title 77, Fees and Salaries. Title 119, Militia. Dec. Sess. Title 139, Public Officers.] Administration. [See Title 76, Executors and Administrators.] TITLE 6. Wiens.* 1. "BECAUSE that some people be in doubt if the children born in the parts beyond the sea, out of the ligeance of Eng TIT. 6. land, should be able to demand any inheritance within the A. D. 1352. Alien, says Coke, "cometh of the verb alienare, &c." See Co. Litt. 118. "Alienus, one born in a strange country, under the obedience of a strange prince or country." Ib. 128, 129.-Out of the li geance of the king. 7 Co. 16.-Though the place of his birth afterwards comes within his ligeance, as the antenati in Scotland. 7 Co. 18. b. Calvin's case. So if his parents are not in actual obedience to the king, &c. Ib. So if an alien has issue by an English woman. But children of ambassadors, &c. born abroad are not aliens. By this St. 25 Ed. 3. denomina TIT. 6. St. 25 Ed. 3. St. 2. P. L. Appen. same ligeance or not, whereof a petition was put in the par liament late holden at Westminster, the seventeenth year of the reign of our lord the king that now is, and was not at the same time wholly assented; our lord the king, willing that all doubts and ambiguities should be put away, and the law in this case declared and put in a certainty, hath charged the said prelates, earls, barons, and other wise men of his council, assembled in this parliament, to deliberate upon this Children born, point; all which of one assent have said, that all children inheritors, which from henceforth shall be born without the ligeance of the king, whose fathers and mothers at the time of their birth be and shall be at the faith and ligeance of the king of England, shall have and enjoy the same benefits and advantages, to have and bear the inheritance within the same ligeance as the other inheritors aforesaid in time to come; so always, that the mothers of such children do pass the sea by the licence and wills of their husbands.” when they shall inherit. A. D. 1377. pen. No. 1. 2. Aussint sur la petition mis en parlement par la commuSt. 42 Ed. 3. c. nalte suppliant qe les enfantz neez pardela dienz les seig 10. P. L. Ap- nuries de Caleys, Guynes & Gascoigne, & aillours dienz les Children born terres & seignores qe appartiegnent a nostre Seignur le Roi within the pardela soient si avant ables & inheritables de leur heritages king's foreign en Engleterre come autres enfantz neez dienz le roialme dominions not dEngleterre est accorde & assentu qe la commune leye & lestatut sur ce point autrefoiz faitz soient tenuz & gardez.* aliens. A. D. 1700. St. 11 & 12 W. 3. c. 6. P. L. Appen. parents be born out of 3. "Whereas divers persons, born within the king's dominions, are disabled to inherit and make their titles by descent from their ancestors, by reason that their fathers or mothers, or some other ancestor (by whom they are to derive their descent) was an alien, and not born within the king's domiThe king's nions:" For remedy whereof, Be it enacted, That all and every natural born person or persons, being the king's natural born subject or subjects shall subjects within any of the king's realms or dominions, shall inherit, &c. and may hereafter lawfully inherit and be inheritable as heir though their or heirs to any honours, manors, lands, tenements or hereditaments, and make their pedigrees and titles by descent from his dominions, any of their ancestors lineal or collateral, although the father and mother, or fathers or mothers, or other ancestors of such person or persons, by, from, through, or under whom, he, she, or they shall or may make or derive their title or pedigree, were or was, or is or are, or shall be born out of the king's allegiance, and out of his majesty's realms and dominions, as freely, fully and effectually, to all intents and purposes, as if such father or mother, or fathers or mothers, or other ancestor or ancestors, by, from, through, or under whom, he, she, or they shall or may make or derive their title or pedigree, had been naturalized, or natural-born subject or &c. ted the stat. de natis ultra mare, the children born out of the ligeance of the king, under the circumstances therein mentioned, shall not be ali See 1 Com. Dig. 421. See 2 Bl. Com. 249. ens. Calais, Guienne and Gascony, at this time belonged to the crown of England. subjects within the king's dominions; any law or custom to the contrary notwithstanding. TIT. 6. 4. Whereas it would tend greatly to the improvement of A. A. 1784. estates in this country, and to the public benefit, if money P. L. 353. could be borrowed at a reasonable rate of interest from the subjects of foreign states; but doubts may arise, whether, as the law now stands, any security in the nature of a mortgage granted to an alien, or to any person in trust for him, can be made effectual against such estates, for recovering the money lent thereon: And whereas no alien, as the law now stands, can bring or prosecute any suit for the recovery of money in any court of law or equity, at a time when the state of which such alien is a subject is at war with the United States; to prevent which doubts, and to encourage aliens to lend mo ney upon the security of such estates: cent. on free Be it ordained, That it shall and may be lawful to and for May lend maevery person, and all persons, being aliens, to lend money at ney at 7 per a rate of interest not exceeding seven pounds per centum per hold or leaseannum, upon the security of any freehold or leasehold estate hold security, in this state; and to hold the same as an effectual security and prosecute for the money lent, and to prosecute any suit or suits for the suits, &c. recovery of the same, whether the foreign state of which such alien is a subject be at war with the United States or not. 5. And in case of non-payment of the money lent upon any P. L. 354. such security, with the interest due thereon, at the time therein stipulated and agreed upon, it shall and may be lawful to and for all and every such aliens, to bring and prosecute by themselves, or their lawful attornies respectively, any suit or suits at common law, for the recovery of their demand on any bond or other collateral security given or entered into, or on any covenant on the part of the borrower, contained in any such mortgage deed or deeds; and also his, her, or their bill or bills in the court of chancery, praying a decree of sale of such mortgaged premises, for payment of the debt due thereon; in which said suit or suits, the plaintiff or plaintiffs shall be entitled to like remedy and remedies for recovery of his debt and costs due, as any citizen of this state How may or can have, except the being entitled to have or obtain directly or indirectly the actual possession of any such mortgaged premises, by any process of execution whatever at the common law, or to foreclose the equity of redemption of such mortgaged premises by any decree or order of the court of equity. the sale of 6. The court of chancery may and shall direct and order Court of chana sale of such mortgaged premises, in the manner as in cases cery to direct where the mortgager hath consented to a sale of the same; such mortgaany law, usage, or practice, to the contrary thereof, in any ged premises. wise notwithstanding. 7. This ordinance shall be deemed, adjudged, and taken to be a public ordinance; and shall be judicially taken notice of as such, by all judges, justices, and other persons whomsoever, without being specially pleaded. 8. Whereas it is expedient to admit aliens to some of the A. A. 1786. rights and privileges of citizens, and to exclude them from P. L. 412. TIT. 6. others, to which they become entitled by a temporary residence in the state, and taking the oath or affirmation of allegiance: How they may Be it therefore enacted, That all free white persons, (alien become citi- enemies, fugitives from justice, and persons banished from eizens of this ther of the United States, excepted) who shall reside in this state. A. A. 1788. Feb. Sess. state. . state for one year, take and subscribe the oath or affirmation of allegiance, before one of the judges of the Common Pleas, (who shall give to such person a certificate of his having taken the said oath or affirmation) shall be deemed citizens, and entitled to all the rights, privileges and immunities, to that character belonging. Provided always, that no such person shall be entitled to vote at the election of members of the legislature, or of the City Council, nor qualified to serve on juries, (except on coroner's inquests, juries de meditate linguæ, or special juries in the court of Common Pleas) nor be eligible to the office of governor, lieutenant-governor, privy counsellor, delegates to Congress, intendant of the city, or a member of the City Council, nor to a seat in the legislature, until he shall have been naturalized, by a special act of the General Assembly.* 9. Whereas it is necessary and proper that a record should be kept of the names of all such person and persons who have applied for and have been admitted to the rights and privileges of citizenship of this state, by virtue of the act, entitled A record to "An act to confer the rights of citizenship on aliens," passed be kept of the the 26th day of March, 1784; and also an act, entitled "An names of per- act to confer the rights and privileges on aliens, and for resons admitted citizens of this pealing the acts therein mentioned," passed the 22d day of March, 1786, that the descendants of such persons as have become citizens may hereafter, if need require, have an opportunity of obtaining an authenticated certificate thereof, and also that the public at large may know who have become citizens of this state, by virtue of the above recited acts; Be it Duty of the therefore enacted, That the secretary of the state for the time secretary of being shall, and he is hereby directed and required to keep a book in his office, for the purpose of recording all certificates which shall be produced to him, by any person or persons who have obtained the same from either of the judges of the court of common pleas, agreeable to the direction of the said recited acts, of their having taken the oaths and become citizens of this state; and after entering the same in the said book of record, the secretary shall return to all such person and persons a certificate thereof, that he or they may produce the said certificate when so required; and for recording the same, and giving a certificate thereof as aforesaid, the secretary shall be state. * By the constitution of the United States, which was agreed upon in the year 1787, and was ratified by a convention of the delegates of the people of the state of South Carolina in May, 1788, Article 1. sec. 8. Congress shall have power "to establish an uniform rule of naturalization, throughout the United States." Congress did pass laws on that subject in 1795, and 1798, which were afterwards repealed. See within Laws of the United States-1802. entitled to take and receive a fee of 5s. current money of this state and no more; and in case any person or persons who have been admitted to the rights and privileges of a citizen, and taken the oath mentioned in the said acts, shall refuse or neglect to carry the certificate of his being so admitted a citizen to the secretary's office as aforesaid, and obtain a certificate from the secretary as by this act is directed, (if he or they are residing within the limits of the city of Charleston) within the space of three months, and (if residing in any part of the country) within six months from the passing of this act, all such person or persons so neglecting to record the certificate in the secretary's office, the person or persons who intend to avail himself or themselves of any of the rights granted in the said recited acts, shall be obliged, when required, to produce a record of his or their certificate from the secretary's office, and in default thereof, the privilege demanded shall not be admitted. TIT. 6. Novem. Sess. 10. Whereas the honourable the Congress of the United A. A. 1788. States, by their resolve of the 16th September last, did recom mend to the several states, to pass proper laws for preventing the transportation of convicted malefactors from foreign coun- Convicted tries into the United States, and the legislature of this state malefactors have judged it expedient to comply therewith, to prevent a from foreign transported practice so injurious and affrontive to the American nation; countries. Be it therefore enacted, That every master or person having charge of any ship or other vessel, who shall hereafter bring into this state any convicted malefactor or person ordered for transportation for any crime or offence whatever from any foreign country, state or dominion, the ship or vessel bringing such persons shall be obliged to leave the port in which she shall arrive within ten days after her arrival, and shall not be permitted to take or receive on board any lading whatsoever, on pain of forfeiture of such ship or vessel; and if any master shall land, or suffer to be landed, or dispose of the time or service of such person, for the payment of his passage, or any other claim or demand, such master of vessel or other person having the charge thereof, shall forfeit and pay for Penalty to every convicted malefactor or person ordered for transporta- bring such intion, which such master shall bring into this state and offer to to the state. dispose of on indenture, or other contract for service, the sum of 500l. sterling. passengers to 11. And every master of any vessel, or person having Masters of charge thereof, who shall bring into this state any passenger vessels to deor passengers, with intent to dispose of the time of service of liver a list of such passenger or passengers, for payment of his or their pas- Collector, on sage money, or any other claim, such master of vessel shall, oath. and he is hereby obliged to deliver, at the time of entering P. L. 465. his vessel, to the collector of the port where he shall enter, a list of all such persons whom he intends to dispose of for service, and a particular description of each, and the collector shall administer the following oath or affirmation, viz.—“ Į A. B. do swear (or affirm) in the presence of Almighty God, that the passenger or passengers whom I have brought in my ship or vessel to be disposed of on service for his, her, or their VOL. I. B |