20. The governor shall from time to time give to the general assembly information of the condition of the state, and recommend to their consideration such measures as he shall judge necessary or expedient. gen 21. He may on extraordinary occasions, convene the eral assembly, and in case of disagreement between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the month of November then ensuing. 22. The judicial power shall be vested in such superior and inferior courts of law and equity as the legislature shall from time to time direct and establish. [See Title 105, Judges.] 23. All persons who shall be chosen or appointed to any office of profit or trust, before entering on the execution thereof, shall take the following oath. [See Title 122, Oaths-Affirmations. TIT. 139. $ 12. Governor shall give in-. formation to assembly. $13. May convene gen.assem. 09 extra occa sions, and adjourn legislature, &c. Art. 3. § 1. Art. 4. Punishment 24. The governor, lieutenant-governor, and all the civil offi- Art. 5. § 3. cers shall be liable to impeachment for any misdemeanor in Liable to office; but judgment in such cases shall not extend further impeachment. than to the removal from office, and disqualification to hold any in case of conThe party viction. office of honour, trust, or profit, under this state. convicted shall nevertheless be liable to indictment, trial, judgment, and punishment according to law. 25. The judges of the superior courts, commissioners of the Art. 6. $1. treasury, secretary of the state, and surveyor-general, shall Officers how be elected by the joint ballot of both houses, in the house, of to be elected. representatives. The commissioners of the treasury, secre- Limitation of tary of this state, and surveyor-general, shall hold their offices some commisfor four years; but shall not be eligible again for four years after the expiration of the time for which they shall have been elected. sions. 26. All other officers shall be appointed as they hitherto Other officers have been, until otherwise directed by law; but sheriffs shall how appointhold their offices for four years, and not be again eligible for ed. four years after the term for which they shall have been elected. A. A. 1791. 27. All commissions shall be in the name, and by the au- Style of comthority of the state of South-Carolina, and be sealed with the missions. seal of the state, and signed by the governor. [See Title 158, State Legislature.-Title 156, Sheriff; & within, A. A. 1812.] 28. And be it further enacted, That the following officers, to wit, the secretary of state, register and commissioners in equi- Feb. Sess. ty, register of mesne conveyances, ordinaries and surveyor- Sec. of state, general, shall, and they are hereby directed to keep their sev- com. & regis, eral offices open from nine o'clock in the morning until three ter in equity, o'clock in the afternoon, each and every day throughout the register of year, (Sundays, Christmas day, and the anniversary of the independence of America excepted;) and the sheriffs, and dinaries, and the clerks of all courts, are hereby obliged to give constant survey-gen. attendance at their offices, either by themselves or deputies, to keep their in their several and respective offices; which said offices offices open, shall be kept in the city, town or village, where the respective Sheriffs and court-houses are established. mesne conveyances, or &c. clerks to at tend constantly at their offices. Where they shall keep their offices. TIT. 139. A. A. 1791. 29. And be it further enacted, That the act entitled, "An act to prevent persons holding certain offices of emolument from leaving the state," be and the same is hereby repealed, as far as it totally prohibits the persons therein mentioned 1 Faust 168. from leaving the state without permission first obtained from the governor of the state; and such officers shall be, and are hereby authorized and permitted, at proper times, when the same can be done without prejudice to the interests of the state, to leave the state without such permission first obtained, for any space of time not exceeding thirty days; and when the said officers shall be desirous of leaving the state for longer time, they shall apply to his excellency the gov ernor for permission to do so; and he is hereby empowered to grant permission for such reasonable absence as may be consistent with the public interest, on account of sickness or any other proper cause suggested by the applicants. Under what restrictions they may leave the state. A. A. 1799. 2 Faust 322. Before whom certain of them may qualify. A. A. 1806. 2 Faust 470. Certain public officers to de posit in the State Bank the monies which they may receive. Said officers to deposit in said State Bank the mo nies which they have received. 30. And be it enacted, That any sheriff, or clerk of any court, or judge of the court of ordinary, or coroner of any district in the state, shall and may qualify and take the oaths by law prescribed to be taken by such sheriff, clerk and judge respectively, before any two justices of the quorum for the district for which such sheriff, clerk and judge as aforesaid shall have been appointed; and such justices of the quorum are hereby authorized and required to administer such oath. 31. Be it enacted, That the sheriff of Charleston district, the prothonotary of the court of common pleas and general sessions, and the master in equity, shall, weekly or monthly, deposit for safe-keeping, the monies which they may receive in their respective official characters, whether the same shall belong to the public, or to an individual or individuals, in the State Bank only; 32. And it shall be, and is hereby declared to be the duty of the officer depositing monies as aforesaid, to express to the proper officer of the bank, for whom, and on whose account the said monies are deposited; SS. And after depositing such monies in the said bank, it shall not be lawful for the said officers, or either of them, to draw the same, or any part thereof, out of the said bank, except by order of court, or by checks expressing in favour of whom, for whom, and on what account the said monies are drawn ; 34. Nor shall it be lawful for the said officers, or either of them, to draw out of the said bank, the monies deposited as aforesaid, or any part thereof, except for the purpose of immediately applying the same to the payment of him, her or them, who may be entitled to receive the same. 55. Be it enacted, That the officers aforesaid, and each and every of them, shall deposit in the State Bank, within one month after the passing this act, the monies which they have received in their said respective official characters, and which have not been paid by them to the persons entitled to receive the same; and the deposits of monies received by the said officers, shall be made in like manner as deposits are required to be made in the preceding clause; and the said monies receiv ed and required to be deposited, shall not be drawn out of the TIT.139. said bank, except in the manner and for the purpose declared in the said preceding clause. A. A. 1806. not complying with this act. 36. Be it enacted, That on failure of complying with each 2 Faust 470. and every of the provisions of this act, each and every public Penalty for officer so failing to comply therewith, on conviction thereof in any court of competent jurisdiction, for each and every offence committed as aforesaid, shall forfeit and pay the sum of one thousand dollars, one half of which shall go to the informer, and the other half to be paid into the public treasury of the state, in aid of the revenue thereof. fice in certain cases limited 57. Be it enacted, That the following officers be hereafter A. A. 1812. elected by joint ballot of both branches of the legislature, for Tenure of of the terms of time herein after mentioned, viz: Attorney-general for four years; solicitors for four years; tax-collectors for to four years. four years; ordinaries for four years; clerks of the courts of sessions and common pleas for four years; registers, master and commissioners of the court of equity for four years; commissioners of locations and register of mesne conveyances for four years each; and the aforesaid officers to hold their offices for their respective terms aforesaid, and until another be elected. 38. Be it further enacted, That in all joint ballots for the officers above mentioned, a majority of all the votes given on such joint ballot, shall be necessary to constitute an election. 39. Be it further enacted, That the attorney-general, before the entering upon the duties of his office, shall execute a neral to give Attorney ge bond, with two good securities, in the penal sum of ten thou- security. sand dollars, to the state of South-Carolina, for the faithful discharge of the duties of his office; Also, sq 40. That the solicitors, before the entering upon the duties of their offices, shall respectively give bond, with two good se- tors; curities, to the state of South-Carolina, in the penal sum of five thousand dollars, for the faithful discharge of the duties of their respective offices; tors; 41. That each tax-collector, before the entering upon the Tax-collec duties of his office, shall execute a bond to the state of SouthCarolina, with two or more good securities as heretofore, for the sums already established by law, for the faithful discharge of the duties of his office; 42. That each ordinary, before the entering upon the duties Ordinaries; of his office, shall execute a bond, with two or more good securities, to the state of South-Carolina, for the faithful discharge of the duties of their office-the ordinary of Charleston district, in the penal sum of ten thousand dollars; the ordinary of Georgetown district, in the penal sum of seven thousand dollars; the ordinary of Beaufort district, in the sum of five thousand dollars; the ordinary of Colleton district, in the sum of five thousand dollars; and all other ordinaries, each in the sum of three thousand dollars; 43. That each clerk of the courts of sessions and common Clerks of the pleas, before the entering upon the duties of his office, shall courts; and give the same security and in the same manner as already es VOL. II, Z TIT. 139. A. A. 1812. tablished by law, for the faithful performance of the duties of his office; 44. That each register and commissioner in equity, shall Registers and respectively, before the entering upon the duties of their of commission- fice, execute a bond to the state of South-Carolina, in the peers in equity. nal sum of twenty thousand dollars each, for the faithful per formance of the duties of their respective offices. Such bonds by whom to be taken, &c. 45. And that such bonds be taken in the several districts throughout this state respectively, by the commissioners appointed to take bonds and securities from the sheriffs of the several districts of said state, and be transmitted by the com missioners aforesaid to the comptroller-general, to be by him deposited in the treasurer's office of the upper division, when they relate to the upper division; and when relating to the lower division, to be deposited in the treasurer's office in Charleston. Comptroller 46. Be it further enacted, That the comptroller-general not to be re- shall be elected as heretofore for two years, but after having eligible till af served four years in succession, shall not be re-eligible to ter the expira- that office till after the expiration of two years. tion of two years. When the present incumbents office. 47. And be it further enacted, That all officers heretofore mentioned by this act, now in office, except the comptroller. general, shall go out of office on the first day of December, in the year of our Lord one thousand eight hundred and six teen. [See Title 158, State Legislature.-Title 156, Sheriff. Title 165, Treasurers.-Title 119, Militia.-Title 14, Attorney General.-Incorporated Societies, Sd Vol.-Title 122, Oaths.-Title 107, Justices of Peace.-Title 36, Circuit So licitors.Title 105, Judges, &c. &c.] TIT. 140. observance of TITLE 140. Quarantine. BE it enacted, That upon all occasions when the governor A. A. 1797. or commander in chief of this state may deem it necessary, he The governor shall have a right, and he is hereby required, at the expense of authorized to the state, to hire and employ boats and small craft, and a sufenforce the ficient number of able men, well armed, to be stationed where laws relating ver he may think fit, and to act under his directions, in order to enforce obedience to the laws of this state, requiring the performance of quarantine; and also to arm such men, if requisite, with any fire arms belonging to this state. [See Title 50, Contagious Distempers.] to, &c. TITLE 141. Hape.* TIT. 141. P. L. 30. IT is provided, That if a man from henceforth do ravish a woman married, maid, or other, where she did not consent, neither before nor after, he shall have judgment of life and of A. D. 1285. member. And likewise, where a man ravisheth a woman mar- St. 13 Ed. 1.c. ried, lady, damosel or other, with force, although she consent 4 Westm. 2. after, he shall have such judgment as before is said, if he be at- Made felony. tainted at the king's suit, and there the king shall have the suit. 2 Inst. 433. And of women carried away with the goods of their husbands, the king shall have the suit for the goods so taken away.' [See Title 179, Women.-Title 21, Benefit of Clergy.] TITLE 142. Acceiving Stelen Goods. TIT. 142, n P. L. 86. 1. AND forasmuch as thieves and robbers are much encouraged to commit such offences,t because a great number of persons make it their trade and business to deal in the buying A. A. 1692. of stolen goods; Be it therefore enacted, That if any person St. 3 & 4 W. or persons shall buy or receive any goods or chattel that shall & M. c. 9. be feloniously taken or stolen from any other person, knowing Buyers of stothe same to be stolen, he or they shall be taken and deemed len goods acan accessary or accessaries to such felony after the fact, and cessaries after shall incur the same punishment, as an accessary or accessa- the fact. ries to the felony after the felony committed. P. L. 92. 2. And forasmuch as buyers and receivers of stolen goods A. D. 1701. do oftentimes convey away and conceal the principal felons, St. 1 An. St. 2 so that they cannot be convicted of such principal felony, and c. 9. thereby such buyers and receivers have escaped all manner of May be punpunishment, which hath greatly encouraged the buying and re- ished as a mis ceiving of such stolen goods; For remedy whereof, Be it en- demeanor beacted, That from and after the said twelfth day of February fore the con1702, it shall and may be lawful to prosecute and punish every such person and persons buying or receiving any stolen principal. goods, knowing the same to be stolen, as for a misdemeanor, to be punished by fine and imprisonment, although the principal Rape-raptus mulierum-is the carnal knowledge of a woman by force and against her will. It was not punished with death before this sta tute. 3 Inst. 180. Namely, "robberies upon men's persons and houses, or aid or abet such as commit robbery, &c." See the context, and A. A. 1769, [P. L. 86] within. viction of the |