A.D. 1787. shall then summon the nearest justice of peace (or of the county court, as the case may be) to join and assist him in inquiring into the truth of the information. And to prevent any injustice or oppression, no determination shall be good and legal unless there shall be also summoned three disinterested freeholders, who shall join the two magistrates in the inquiry, and then the opinion of any three out of the five, shall be binding and conclusive, and not otherwise provided, that if no magistrate shall reside within a convenient distance of the magistrate before whom the offender is carried, then in such case he shall summon five disinterested freeholders, and the opinion and determination of any three of them, joined to that of the magistrate, shall be binding and conclusive.

be tried.

III. And the better to guard and secure the liberty of the citizens, and Person accus- to exclude all partiality on the part of the magistrate; Be it further enacted ed to draw five by the authority aforesaid, That whenever any such information as aforefreeholders, by whom he shall said shall be made, the magistrate shall make out a list of twelve freeholders of the neighborhood, and shall put them in a box or hat, out of which the person accused shall be allowed to draw three or five names, (as the case may be,) and thereupon the magistrate shall immediately summon the said three or five freeholders whose names have been drawn as aforesaid, who shall be liable to a fine of ten shillings for their nonattendance, unless prevented by sickness; the said fine to be recovered by any magistrate by warrant of distress; but if any of the said three or five freeholders shall fail to attend, then the magistrate shall direct the person accused to draw out as many other names as shall make up the deficiency, so that the attendance of three or five freeholders, as the case may require, may be procured: provided always, that if the person accused shall refuse to draw out the names as aforesaid, then the magistrate before whom he or she is summoned, shall forthwith proceed to draw out three or five names in the manner above prescribed.

Proviso,

IV. And be it further enacted by the authority aforesaid, That as soon Persons accus- as the two magistrates and three freeholders, or the one magistrate and ed to give secu- five freeholders, (as the case may require,) shall be convened together, rity for good behaviour, if they shall proceed to examine into the truth of the charge, and to inquire found guilty, in what manner, and by what means, the person accused gains his or her or go to jail. livelihood, and maintains his or her family, (if he or she has any,) and if the quorum of them (as above described) shall adjudge such person liable to the penalties of this Act, then on such person's payment of the accustomed fees, and giving good security for his or her good behaviour for the space of twelve months ensuing, such person shall be immediately discharged; but on his or her inability or refusal to give such security, it shall be lawful for the magistrate before whom the complaint was made, to commit him or her to gaol until the next meeting of the county or circuit courts, or the court of general sessions in Charleston; to the clerk of which courts respectively such magistrate is hereby directed to transmit a fair copy of his proceedings, containing the names of the magistrates and freeholders before whom such person was tried, with the names of the informer, and witnesses, and the evidence they gave; which copy of his proceedings shall be filed and preserved as a record of the court.

sold at auction.

V. And be it further enacted by the authority aforesaid, That if the court Services of the shall not think fit to discharge the offender, then the clerk of the court offender to be shall, before the last day of court, make known to the inhabitants by an advertisement stuck up at the door of the court-house or gaol of the district or county where he or she was apprehended, that the services of the offender will be sold at public sale on the last day of the court, for a space of time not exceeding one year; and the person so purchasing the services

"

of the said offender, shall receive from the clerk of the court a certificate A.D.1787. of such purchase, and thereupon the offender shall, during the term aforesaid, be subject to the penalties set forth and contained in the Act of Assembly entitled "An Act concerning servants, and masters, and apprentices;" and the person who purchased his or her services, shall be entitled to all the benefits accruing to masters by the aforesaid Act.

leave the dis

VI. And be it further enacted by the authority aforesaid, That in case no person shall purchase the services of the said offender, then the said of Offender to be fender is hereby declared liable to receive not more than thirty-nine, nor whipped and to less than ten lashes, on the bare back, at the discretion of the judges of the trict, if his sercounty or circuit court, or court of sessions in Charleston, as the case may vices be not be, and adjudged to quit the county within twenty-four hours, or the dis- purchased. trict within three days. And if the said offender shall, after the time above prescribed, be found within the county or district from which he has been banished, and shall not be provided with a certificate of his good behaviour from some one of the county courts, or a judge of the court of sessions, or cannot procure good security for his future good behaviour, then he is hereby declared liable to the same penalties and punishments as above set forth: provided, that in all cases where it shall be deemed practicable and expedient by the county court, or judge of the court of sessions, or circuit court, to condemn the offender to hard labor, then such offender shall be sentenced to hard labor for a term not exceeding one year, and shall not receive the punishment by whipping, as aforesaid.

ter deemed vagrants, unless

VII. And be it further enacted by the authority aforesaid, That every person of suspicious character coming to settle in any county or parish Persons of suswithin this State, shall be deemed a vagrant, unless he produce a certificate picious characfrom the justices of the county court of the county, or three justices of the peace of the parish, in which he last resided, setting forth that he is a per- proving to the son of a fair character, and not an idle or disorderly person; or unless he contrary. obtain within the space of five days sufficient security for his good behaviour for twelve months ensuing.

VIII. And be it further enacted by the authority aforesaid, That if any magistrate shall fail or neglect to execute any of the duties, herein set Penalty on maforth and prescribed, he shall be liable to pay a penalty of ten pounds; gistrates failing to do their duty and any constable neglecting or failing in his duty aforesaid, shall be liable to pay five pounds; to be recovered by information before the justices of the county or circuit court, or court of sessions, as the case may require; one moiety to go to the informer, and the other to the use of the county, if recovered in a county court, and to the use of the State if recovered in any other court, and to the use of city if recovered in the court of wardens.

IX. And the more effectually to prevent all malevolent prosecutions, either against persons falsely supposed to be vagrants, or against magis- Penalty on trates or constables accused of having neglected their duty as aforesaid, ring charges persons prefer. Be it further enacted by the authority aforesaid, That if any informer shall without good be convicted before the judges of the county or circuit court, or court of reason. sessions, of having preferred his complaint through malevolence or spite, without any just grounds of accusation, he shall be adjudged to pay a fine of five pounds to the party injured, besides being liable to an action for damages. And if any person shall wantonly prosecute any magistrate or constable for a neglect of duty, and shall fail in his proof of such neglect, he shall pay a fine of five pounds, to be recovered as aforesaid.

X. And be it further enacted by the authority aforesaid, That the magistrate or magistrates before whom any offender against this Act shall be tried and condemned, shall not be liable to any penalty if he or they shall

A.D. 1787. make it appear that the judgment was given in the manner and with the restrictions set forth in the second clause of this Act.

In the Senate House, the twenty-eighth day of March, in the year of our Lord one thou. sand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN J. PRINGLE, Speaker of the House of Representatives.

No. 1377. AN ACT to alter and amend an Act entitled "An Act for establishing county courts, and regulating the proceedings therein," passed the 17th day of March, 1785; and for other purposes therein mentioned.

(Passed March 28, 1787. See last volume.)

No. 1378. AN ACT TO EXEMPT WILLIAM BULL FROM THE PAINS AND PENALTIES TO WHICH HE IS LIABLE BY SEVERAL ACTS OF THE GENERAL ASSEMBLY.

Preamble.

William Bull

to be exonera

ted from certain pains and penalties.

WHEREAS, William Bull, formerly Lieutenant Governor of this State when a British province, hath petitioned the Legislature to be exempted from the pains and penalties to which he is liable by several Acts of the General Assembly;"

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 said William Bull, on his arrival in this State, and on taking the oaths of allegiance and fidelity thereto, before one of the judges of the court of common pleas, shall be, and he is hereby, exonerated and discharged from all the pains and penalties to which he was liable under the several Acts passed by the Legislature of this State, and more particularly an Act entitled "An Act for disposing of certain estates, and banishing certain persons therein mentioned," passed the twenty-sixth day of February, one thousand seven hundred and eighty

two.

In the Senate House, the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN J. PRINGLE, Speaker of the House of Representatives.

No. 1379. AN ORDINANCE for opening the Navigation of Lynch's and Clark's Creeks, as also Black Creek, and appointing commissioners for superintending the same.

(Passed March 28, 1787. See last volume.)

A.D. 1787.

AN ACT TO REVISE, AMEND, AND REPEAL THE SEVERAL ACTS OR No. 1380. CLAUSES OF ACTS OF THE GENERAL ASSEMBLY HER IN MENTIONED.

I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority Former act reof the same, That an Act entitled "An Act for the entry of vessels," pealed. passed the eighth day of October, one thousand six hundred and ninetyeight, be, and the same is hereby, repealed.

missioners to

11. And be it further enacted by the authority aforesaid, That from and immediately after the passing of this Act, any one of the judges of the Judges may court of common pleas, or a majority of the county court justices, shall, empower comand may, and they are hereby authorized and empowered, upon the appli- examine witcation of any person or persons whatsoever interested in any suit depend-nesses. ing in the court of common pleas or county courts, to grant a commission under his or their hand and the seal of the court, directed to three commissioners, or any two of them, authorizing and empowering the said commissioners to examine and cross examine the witnesses therein mentioned, and who are without the limits of this State, on oath, touching such matters or things as they may have in charge by the aforesaid commission; and also in like manner all such witnesses whose attendance to give their testimony in court cannot be procured either by reason of such sickness or infirmity as totally incapacitates such witnesses from travelling, in order to appear and give evidence in court when requisite; and that such sickness or infirmity shall be proved before one of the judges of the court of common pleas, or a majority of the county court justices, by a certificate on oath of some disinterested person of reputable character: provided, nevertheless, that the person or persons making such application, shall give to the plaintiff or defendant, as the case may be, ten days notice of such application.

received in evi

III. And be it further enacted by the authority aforesaid, That no testimonial, probate, certificate, or other instrument under the seal of any Foreign certififoreign court of law, notary public, or other magistrate or person qualified cates not to be and empowered to give the same, shall in future be received in the courts dence. of this State as evidence of any debt due, or demand owing by any person or persons resident within the limits of this State; any law, usage, or custom to the contrary notwithstanding: provided, nevertheless, that if it Proviso. shall appear to the court that the testimonials, probates, certificates, or other instrument of writing for the purposes aforesaid, which have been or shall be hereafter issued from any of the courts of this State, or by any of the officers thereof authorized and empowered to give the same, are received and allowed as evidence in the courts of such foreign country, then, and in such case, the courts of this State shall receive and allow the testimonials, probates, certificates, or other instruments of such foreign country alone, as good and sufficient evidence of any debt due, or demand which may be owing by any person or persons residing within the limits of this State.

former acts re

IV. And be it further enacted by the authority aforesaid, That the thirtysixth clause of an Act entitled "An Act confirming and establishing the Clauses of ancient and approved method of drawing juries by ballot in this province, pealed. and for the better administration of justice in criminal causes, and for appointing of special courts for the trial of causes of transient persons, declaring the power of the provost marshal, for allowing the proof of deeds

A.D. 1787. beyond the seas as evidence, and for repealing the several Acts of the General Assembly therein mentioned," passed the twentieth day of August, one thousand seven hundred and thirty-one. Also, the first clause of an Act entitled "An Act for regulating trials in courts of justice in this State between the subjects of foreign nations in alliance or neutrality with the United States and the citizens thereof, and for other purposes therein mentioned," passed the sixteenth March, one thousand seven hundred and eighty-three. Also, the first and second clauses of an Act entitled “An Act to alter and amend the thirty-sixth clause of an Act of this State, commonly called the jury law, and for altering the time of holding the courts of sessions and common pleas," passed the twenty-sixth March, one thousand seven hundred and eighty-four. Also, "An Act for repealing the thirty-sixth clause of the jury law, and for other purposes therein mentioned," passed the twenty-second March, one thousand seven hundred and eighty-six-be, and the same are hereby, repealed.

In the Senate House, the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN J. PRINGLE, Speaker of the House of Representatives.

No. 1381.

Preamble.

Escheators to

be appointed.

Oath.

AN ACT TO APPOINT ESCHEATORS, AND TO REGULATE ESCHEATS. WHEREAS, sundry estates, real and personal, have heretofore been acquired, held and possessed in this State, by persons who are now dead, and no legal representatives have appeared to make title and claim, either by descent or purchase, to such estates; and sundry other escheats have fallen or may hereafter fall to this State, in the like manner; and also in cases of forfeiture for treason or felony; and it being necessary to appropriate such estates, real and personal, to public uses;

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 an escheator shall be appointed by the joint ballot of the Senate and House of Representatives, and commissioned by the Governor or Commander-in-chief for the time being, for the district of Charleston, and for each of the circuit court districts, who shall execute his office in proper person, and not by deputy, and give bond, with three good and sufficient sureties, payable to and taken by the Governor for the time being, for the use of the State, which shall be duly recorded in the Secretary's office of this State, in the penal sum of five thousand pounds sterling money, for himself and sureties, jointly and severally, and con ditioned for the well and faithful discharge of the said office, and shall moreover take the following oath, to be administered by the said Governor, or any one of the justices of the court of common pleas, at the time of taking the said bond, to wit: "I, A B, do solemnly swear that I will well and faithfully execute the office of escheator for the district of, and diligent inquest make for all property which hath escheated or shall escheat to the State, within my jurisdiction, according to the true intent and meaning of the Act in that case made and provided: So help me God."