AN ACT TO REMOVE MAGISTRATES FROM THEIR OFFICE FOR MAL PRACTICE THEREIN. WHEREAS, the only mode provided by the Constitution of this State for removing civil officers from their office is by impeachment before the Senate, according to the first, second and third sections of the fifth article of the constitution, and it is expedient to establish some easy, and at the same time just, mode of removing magistrates from their office for malpractice therein : A. D. 1796. No. 1649. Preamble. mal-practice, I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Governor emauthority of the same, That if any magistrate hereafter, upon prosecution powered to commenced against him in the court of sessions, shall be convicted of mal- remove magispractice in office, in addition to such other punishments as may be author-trates, guilty of ized by law, upon such conviction, the judge or judges before whom the from office. cause is tried shall immediately certify the same to the Governor and Commander-in-chief for the time being, and the Governor and Commanderin-chief for the time being is hereby authorized and required, immediately on receipt of such certificate, to remove such magistrate from his office by striking his name from the list of magistrates, and to give information of his being so struck off, by proclamation. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. ROBERT BARNWELL, Speaker of the House of Representatives. AN ACT TO AUTHORIZE THE COMMISSIONERS OF THE POOR TO ASSESS No. 1650. AND COLLECT TAXES TO DISCHARGE DEMANDS DUE FOR THE SUPPORT OF THE POOR PRIOR TO THEIR BEING APPOINTED; AND TO AUTHORIZE AN WHEREAS, doubts have arisen whether the commissioners of the poor have power to assess and collect taxes to discharge demands due for Preamble. the support of the poor previously to their being appointed : I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the commissioners of the poor, appointed or to Commissioners be appointed, shall be, and they are hereby, authorized and empowered to of the poor to assess and collect taxes for the purpose of discharging all debts and de-assess and colmands incurred or due for the support of the poor of their respective parishes or counties, previously to their appointment, in the same manner as they are to assess and collect taxes for the payment of the like debts and demands incurred and due after their appointment. lect taxes. A. D. 1796. II. Whereas, the managers of the election for members of the Legislature for the election district of Edgefield have omitted to hold an election for commissioners of the poor, as by law directed; Be it therefore Commissioners enacted, That the said managers be empowered and required to hold an to be chosen for election for five commissioners of the poor for Edgefield county, on the Edgefield. first Monday in February next. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. ROBERT BARNWELL, Speaker of the House of Representatives. No. 1651. AN ACT to re-establish a Ferry on Great Pedee River, near the town of Chatham, in Chesterfield County, and to vest the same in Elizabeth Bishop, her heirs and assigns, for the time therein mentioned. (Passed December 19, 1796. See last volume.) No. 1652. AN ACT TO PREVENT APPROPRIATIONS OF MONEY OTHERWISE THAN BY AN ACT OF THE LEGISLature. Preamble: WHEREAS, daily experience evinces the impropriety of the Legislature's granting money for any purpose in any other mode than by virtue of an Act of the Legislature: I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That after the passing of this Act no sum of money shall be directed to be paid away out of the treasury of this State, unless the same be done by an Act to be passed for that purpose; and that no person who now is, or hereafter may be, indebted to the State in any manner whatever, shall be exempted or relieved in part or in the whole from the payment thereof, nor shall the State be divested of any right or interest whatever for the purpose of vesting the same in an individual, by any other means than under and by virtue of an Act to be passed for that purpose. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. ROBERT BARNWELL, Speaker of the House of Representatives. A. D. 1796. AN ACT TO EMPOWER THE PROPRIETORS OF THE LANDS ON FOUR WHEREAS, sundry proprietors of the lands situate on the Four Holes Swamp, and other proprietors of lands in the vicinity of the same, have petitioned for an Act to be passed to authorize them to clear out, make navigable and to keep open the Four Holes Creek : No. 1653. Preamble. Creek to be I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the proprietors of the lands situated on the Four Holes Four Holes Swamp, from Edisto River to the Four Holes Bridge, or any made naviga or either of them, at his, her or their proper labour or expense, shall have ble. full power and authority to clear out, make navigable and keep open the creek called Four Holes or Steed's Creek, from its confluence with Edisto River up to the Four Holes Bridge. II. And be it further enacted by the authority aforesaid, That if any person or persons shall stop up or in any manner obstruct the passage of Penalty on obthe said creek, after the same shall be made navigable as aforesaid, he, navigation. structing the she or they so offending, on conviction thereof, shall forfeit and pay a sum not exceeding twelve dollars, to be sued for and recovered before any justice of the peace, for each and every such offence, the one half to be paid to such person or persons as may inform, the other half to be paid to the proprietors of the lands aforesaid, to be applied to the purpose of keeping the said creek open; which said proprietors, under the names of the commissioners whom they may appoint to superintend the navigation of the said creek, are hereby authorized to sue for and recover. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. ROBERT BARNWELL, Speaker of the House of Representatives. AN ACT FOR REGULATING THE ADMISSION OF ATTORNIES AND SOLICI- No. 1654. TORS, TO PRACTICE IN THE COURTS IN THIS STATE. WHEREAS, it is necessary that the mode of admitting attornies, counsellors and solicitors in the courts of law and equity in this State, should be further regulated by law : Preamble. admission of at 1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That in future every person who is a citizen of this Conditions of State, or of the United States, and who shall have graduated in any regu- tornies, citizens lar college or university of this State, or of the United States, or in any of this State. foreign university, who shall have served a regular clerkship, and have read law in the office of any practising attorney of this State, for and during the term of three years, subsequently to such his graduation, and shall have attained his full age of twenty-one years; and also every person VOL. V.-37. A. D. 1796. citizen as aforesaid, who shall not have graduated as aforesaid, but shall have served a regular clerkship, and have read law in the office of any regular practising attorney of this State, for and during the term of four years, and have attained his age of twenty-one years, (the said persons respectively undergoing an examination, to the satisfaction of the judges of the respective courts, in the manner hereinafter provided,) shall be, and they are hereby declared fit and competent to be, admitted to the bar of this State; and shall, upon application, be admitted and enrolled in the usual form. examination. II. And be it further enacted by the authority aforesaid, That whensoever any candidate shall be desirous of offering himself for admission, he shall apply by petition to the court of common pleas, for an admission into Time and mode of application that court, and to the court of equity, for an admission into that court, at for admission, Columbia or at Charleston, at any time during the sitting of the court to and manner of which he shall apply; and the judges being satisfied, by such proof as they shall think proper to prescribe, to the candidate being qualified and having performed the requisites aforesaid, shall and may make, and cause to be entered, a rule for the examination of such candidate, prescribing the time and place, nominating a competent number of the bar to attend and conduct such examination, under the superintendance and direction of any two or more of the judges of the said court, at which time and place the said examination shall be had, which shall continue until the presiding judges shall see fit to terminate the same; and if the said judges shall be satisfied of the skill, learning, character and fitness of the said candidate, for an admission into the said court, they shall cause the clerk to enter an order for such purpose, to make out the commission under the seal of the court, which shall be signed by one or more of the said judges, and given to the candidate, whose name shall be enrolled amongst the attornies, counsellors or solicitors of the said court, as the case may be, and shall be qualified in the usual form of qualifying officers in this State. Mode of ad zens of other states. III. And be it further enacted by the authority aforesaid, That any citi zen of the United States, coming to settle and reside in this State, who mission of citi- shall produce to the judges of the courts of law and equity of this State, in term time, satisfactory testimonials of his having been admitted and having practised for three years in the supreme court of law, or the court of equity, of any other State, upon taking the usual oaths shall be commissioned in like manner as other candidates. In the Senate, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. ROBERT BARNWELL, Speaker of the House of Representatives. No. 1655. AN ACT TO PREVENT THE EXPORTATION OF BREAD AND FLOUR, NOT MERCHANTABLE; AND FOR OTHER PURPOSES THEREIN MENTIONED. Preamble. WHEREAS, it is necessary for the advancement of commerce, that regulations should be established for the inspection of flour and bread, intended for exportation : Mode of ap pointing in 1. Be it therefore enacted, by the honorable the Senate and House of A.D. 1796. Representatives, now met and sitting in General Assembly, and by the authority of the same, That the persons hereinafter to be appointed to carry into effect this Act, or a majority of them, shall meet in the city-hall in the city of Charleston, on the second Monday of January next, and on the se- spector. cond Monday in January in every year thereafter, during the continuance of this Act, and then and there nominate and appoint a person of good repute, and skilful in the goodness and quality of flour and bread, to be inspector of flour and bread within the said city, for the year ensuing. Oath to be ta II. And be it further enacted by the authority aforesaid, That every commissioner who shall vote for the said officer shall take the following oath before he shall proceed to the nomination and appointment of the offi- ken by commiscer aforementioned: "I, A. B. do swear that I will faithfully, honestly and sioners. impartially nominate and appoint such person to be inspector of flour and bread within the said city of Charleston, as I think, in my judgment and conscience, is fit and capable of executing the said office." III. And be it further enacted by the authority aforesaid, That in case of the death of such officer so appointed, or his refusal or neglect to act, Mode of filling the said commissioners, or the major part of them, shall, as soon as conveni- up vacancies. ently may be thereafter, meet together and appoint one other such person as aforesaid, in the stead of the person so dead or refusing or neglecting to act, for the residue of the year; and if the said commissioners shall neglect and omit to nominate and appoint the said officer, then the Governor may appoint such officer, who shall be qualified agreeably to the directions. of this Act, and have the like power and authority as if he had been by the said commissioners nominated and appointed. IV. And be it further enacted by the authority aforesaid, That all bolted wheat flour, and every cask thereof, brought to the said city for exporta- Flour to be tion, from and after the first day of August next, shall, by the bolters made thereof be made merchantable and of due fineness, without any mixture chantable. of coarser or other flour. mer Construction of Casks to be V. And be it further enacted by the authority aforesaid, That from and after the first day of August next, all flour casks brought to Charleston for exportation, shall be made of good seasoned materials, well made, and the flour casks. tightened with ten hoops, sufficiently nailed with four nails in each chine hoop, and three nails in each upper bilge hoop, and of the following dimensions, viz: The staves to be of the length of twenty-seven inches, and the casks to be of the diameter of eighteen inches at the head. That every miller and bolter of flour, and baker of bread, for transportation out of the State, shall provide and have a distinguishable brand mark, with which he shall brand each and every cask of flour or bread, before the same shall be removed from the place where the same was bolted or baked. And every miller or bolter shall also brand every cask of flour according to the quali-branded. ty thereof, with the numbers one, two or three, and with the weight respectively, under the penalty of one dollar for every barrel of flour not hooped and nailed as aforesaid, and for every cask of flour or bread so removed and not branded as aforesaid, to be recovered from such miller or bolter who shall neglect to comply with the directions of this Act, or from the person who brings such flour or bread to Charleston aforesaid for sale. And in case a recovery shall be had against such person bringing the said bread or flour for sale as aforesaid, for the said penalty, such person shall and may have a recovery of the same, with costs, against the miller or bolter from whom such bread or flour was purchased or received, upon making it appear that he gave notice to such miller or bolter that he intended to carry the same to the city aforesaid, for sale for exportation, and |