ERRATA TO VOL. III. The reader will note the mistakes, and make the corrections following, viz: The side note to section 2 of Title 5, to be expunged. Page 61, line 7 from the bottom, for "mortgage," read "mortgagee." 146, line 3, for "ninety-eight," read "seventy-eight." 437, in side note to section 590, for "Saluda," read" Broad." 475, in side note to section 781, for "ferry," read "bridge." DIGEST OF THE Statute Law OF SOUTH CAROLINA. TITLE 1. Academies and Schools. TIT. 1. 1. WHEREAS the reverend James Malcomson, Theodore Gourdin, Robert Witherspoon, James Davis, John Nesmith and John Frierson, have, by their petition, prayed to be in- A. A. 1795, corporated as trustees for the establishment of an academy, 2 Faust 63: to be called "The Williamsburg Academy;" and also that they may be authorized to raise, by lotteries, a sum not exceeding five thousand dollars, to enable them to defray the expense of necessary buildings for the same: 2. Be it therefore enacted, That the said petitioners and The Wiltheir successors, appointed or elected, or to be appointed or liamsburgh elected, according to the form and in the manner prescribed or Academy in to be prescribed by the rules and regulations of the said acade- corporated. my, shall be, and they are hereby incorporated as a body politic and corporate, in deed and in law, by the name of "The Williamsburgh Academy." Corporate powers and 3. And be it enacted, That the said corporation, by their name aforesaid, shall have perpetual succession of officers and members to be appointed or elected in such manner and capacities. according to such form as may be prescribed by the rules and regulations now existing or hereafter to be made for the government of the said corporation, and that they may have a common seal, with power to change, alter and make new the said rules and regulations, and common seal, as often as they shall judge expedient. 4. And be it further enacted, That the said corporation shall be able and capable in law, to purchase, have, hold, take, receive, possess, retain and enjoy to itself, in perpetuity or for any term of years, any estate, real or personal, of what kind or nature soever, and to sell, alien and dispose of the same, as they may think proper; and by its name above mentioned, to sue and be sued, implead and be impleaded, answer VOL. III. Ꭺ H TIT. 1. A. A. 1795. 2 Faust 63. The trustees empowered to draw a lot tery. This act a public act. 2 Faust 77. The trustees and be answered unto, any court of law or equity in this state; and to make such rules and by-laws, not repugnant or contrary to the laws of the land, as for the good order and proper government of the said corporation, may by them be thought necessary or expedient: Provided nevertheless, That the said real or personal estate shall not produce an income exceeding four thousand dollars per annum. 5. And be it also enacted, That the said trustees, and their successors, shall have full power and authority, and they are fully authorized and empowered, by virtue of this law, to erect and proceed to the drawing, and finally to conclude, one or more lotteries: Provided they do not, by the said lotteries, raise a sum exceeding five thousand dollars. 6. And be it further enacted, That this act shall be deemed and taken to be a public act, and all courts in this state shall take notice thereof as such, and the same may be given in evidence without special pleading. 7. Whereas Thomas Taylor, James Taylor, William Montgomery, George Wade and Benjamin Waring, trustees of the Academy of Columbia, have presented their petition to the legislature, praying that they, as trustees for the said academy, may be incorporated, and by law made a body politic, for the purpose of encouraging and promoting the education of youths, and praying for adequate funds to be granted them for the above laudable purpose: 8. Be it therefore enacted, That the said Thomas Taylor, of the Acade- James Taylor, George Wade, William Montgomery and Benmy of Colum- jamin Waring, shall be, and they are hereby appointed trusbia incorpo- tees for the purpose herein mentioned, and that the said trus ted. Corporate powers and capacities. tees, and their successors, shall for ever hereafter be one body politic and corporate, in deed and in name, by the style of "The Trustees of the Academy of Columbia," and by the said name, shall have perpetual succession of officers and members, and a common seal, with power to change, alter and make new the same, as often as the said corporation shall judge expedient; and by its said name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state. 9. And be it enacted, That the said corporation shall be capable in law, to purchase, have, hold, receive, enjoy, possess and retain to itself, in perpetuity or for any term of years, any lands, tenements or hereditaments, or other property of what kind or nature soever, and to sell, alien or lease the same, as they shall think proper; and also it shall and may be lawful for the said corporation to take, accept and hold for ever, any charitable donations, devises or bequests of lands or personal property, and to appropriate the same to the purposes of the said corporation; and also that it shall and may be lawful for the said corporation to raise, by one or more lotteries, the sum of nine thousand dollars, to be appropriated by the said corporation, to the use of said corporation: Provided nevertheless, That all such purchases, donations, devises and bequests of land or personal property, or monies raised by lottery or lotteries, shall be exclusively ap propriated for the purposes of erecting and endowing an aca- TIT. 1. demy in the said town of Columbia. 10. And be it further enacted, That the said academy at A. A. 1795. Columbia, shall be under the management and direction of 2 Faust 77. five trustees, or a quorum or board thereof, to be chosen, appointed and perpetuated in manner following: The said trustees, and their successors, shall meet on the third Monday of November in every year, in the said academy, or at such other time and place in the town of Columbia as may be thought convenient, between the hours of nine in the forenoon, and five in the afternoon, due and public notice thereof being given by the secretary, at least ten days before such meeting, in writing; and the major part of those so met, shall elect by ballot, a president and such other officers as they shall think necessary, for the year ensuing; the said president and officers so chosen, shall take the following oath or affirmation, before any magistrate or justice of this state, viz. I, A. B. do solemnly swear, (or affirm, as the case may be) that I will duly and faithfully execute and perform the office to which I am appointed, to the best of my knowledge and ability; so help me God. And on the death, resignation, or removal out of the state of any trustee, the said trustees, at their next meeting, shall choose by ballot, another trustee in the room of the one so dying, resigning or removing: Provided nevertheless, That no person shall be considered duly and legally elected, unless there be a majority of the votes of the trustees then present, in his favour. 3 11. And be it further enacted, That the said trustees of the said Academy of Columbia, or a majority of them, shall have full power and authority, from time to time, to make, constitute and establish such and so many by-laws, rules and orders as to them shall seem meet, necessary and convenient, for the better regulating, governing, well ordering and directing of themselves, as trustees aforesaid, as well as of the said Academy of Columbia, and all officers, professors, or other persons by them employed or to be employed in and about the same; and to make, alter, change and make new, from time to time, any or all their said by-laws, rules and regulations, for the better regulating and governing themselves, as well as the institution under their charge and direction, and the officers, tutors and scholars of the said academy; which said by-laws, rules and regulations shall be binding on each and every of the said trustees, and each and every of the officers, tutors and scholars of the said academy, according to the tenor and effect thereof, under the several pains, penalties and disabilities therein expressed and declared: Provided, the same be not repugnant to the laws of the land. 12. And be it further enacted, That the commissioners of Three squares the town of Columbia shall forthwith make and execute legal in Columbia and proper titles, and they are hereby commanded and di- given to the rected, to make and execute legal and proper titles to the academy, and said trustees of the said academy, of a certain square of land sioners of the in the said town of Columbia, where the said trustees have town of Coerected a building for the use of the said academy, which said lumbia auth the commis TIT. 1. A. A. 1795. 2 Faust 77. rized to convey the same. This act a public act. A. A. 1798. square contains four acres ; and also that the said commissioners convey to the said trustees, two other squares of land in the said town, each containing four acres, to be chosen and pointed out to the said commissioners by the said trustees; which said squares of land shall be, and they are hereby vested in the said trustees, for the use of the said academy: Provided, the said squares of land shall be taken and received in lieu and instead of a public square granted them for the use of the said institution, in the year seventeen hundred and ninety-two. 13. And be it further enacted, That this act shall be deemed and held a public act, and judicially taken notice of as such, without special pleading; that the same shall be liberally construed for fully carrying into effect the purposes herein and hereby intended. 14. Whereas the inhabitants of the county of Clarendon,* by 2 Faust 232. their petition, setting forth, that the establishment of a public school in the said county would be productive of general utility, and tend to the happiness of society, good order and government: 15. Be it therefore enacted, That all the property which hath heretofore, or may hereafter escheat to this state, within the limits of Clarendon county, (provided the same do not exceed ten thousand dollars,) shall be, and the same is hereby vested in the trustees hereafter appointed, and for the purposes herein after mentioned; and the said trustees, for the receiving and disposal of the same, are hereby vested with all the powers heretofore vested in the person or persons appointed escheators in the several districts throughout this state, so far as the same concerns that part of the state which is included in the present limits of Clarendon county. 16. Be it enacted, That Richard Richardson, senior, James Davis, Thomas Nightingale Johnson, John Peter Richardson, Samuel Montgomery, senior, Mathew James, and James Burchill Richardson, shall be, and they are hereby appointed trustees for the purpose of establishing and conducting a public school in Clarendon county, with full power and authority, from time to time, to make, constitute and establish such bylaws, rules and orders, as to them shall seem necessary and convenient, for the better regulation, government, well-ordering and directing of themselves, as trustees aforesaid, as well as of the said public school so to be established. And the said trustees, and their successors, shall for ever hereafter be a body politic and corporate, in deed and in name, and by the style of "The Trustees of the Public School of the Clarendon Orphan Society;" and by the said name shall have perpetual succession of officers and members, and a common seal, with power to change, alter and make new the same, as often as the said corporation shall judge expedient. 17. And be it further enacted, That it shall and may be lawful for the said corporation to take, retain, and hold for * Part of Sumter District, |