TIT. 142. A. A. 1769. To receive or buy stolen goods, or receive or con ceal any bur. glar or thief, subjects the offender to punishment as an accessa ry. felon be not before convicted of the said felony, which shall exempt the offender from being punished as accessary, if the principal shall be afterwards convicted. 3. And forasmuch, as the said felons are much encouraged to commit such burglaries and felonies, because a great number of persons make it a trade, to receive and buy of the said felons, the goods so by them feloniously taken; and also, to make it their business to harbour and conceal the said offenders, after the said facts, knowing the said felonies and burglaries to have been by them committed: Be it therefore enacted, That if any person or persons shall receive or buy any goods or chattels, that shall be feloniously taken or stolen from any other person, knowing the same to be stolen, or shall receive, harbour or conceal any burglars, felons or thieves, knowing them to be so, shall be taken and received as accessary or accessaries to the said felony or felonies; and being of either of the said offences legally convicted, by the testimony of one or more credible witnesses, shall suffer and incur the pains of death as a felon convict. If the princi4. Provided always, That if any such principal felon, whe pal cannot be shall commit such burglary or felony aforesaid, cannot be tak made amesna- en, so as to be prosecuted and convicted for such offence, any ble, the recei- yet nevertheless, it shall and may be lawful to prosecute and ver may be punish, every such person and persons, buying or receiving any prosecuted and convicted goods stolen by any such principal felon, knowing the same as for a mis- to be stolen, as for a misdemeanor, to be punished by fine, public whipping, and standing in the pillory, although the principal felon be not before convicted of the said felony. which shall exempt the offender from being punished as accessary, if such principal felon shall be afterwards taken and convicted; any law, usage or custom to the contrary notwithstanding. demeanor. Disputes concerning the distribution be determin ed by the judges. 5. The judge or justices (before whom such felons and house-breakers, and receivers of stolen goods, knowing them to be such, shall be convicted as aforesaid) shall determine of rewards, to and settle the right, rights and shares of such respective per sons, who, by virtue of this act, shall be entitled to the certi ficate and reward herein directed to be given; and shall also, (being thereunto required) make out and deliver, or cause to be made out and delivered, the said certificate, without fee or reward, to such person or persons entitled thereunto, before the end of such assizes or sessions, wherein such conviction as aforesaid shall be had.* * This A. A. is nearly copied from the Stat. 5 An. c. 31. which is not made of force here. Receiving stolen goods was only a misdemeanor at common law. Hal. P. C. 619. By the Stat. 3 & 4 W. & M. c. 9. $4. [P. L. 86] the offender is subjected to punishment as accessary after the fact to the theft and felony consequently the misdemeanor was merged in the felony, and a prosecution for the former was consi dered illegal. Fost. C. L. 373. But because the accessary cannot, in general, be tried unless with the principal, or after the principal is convicted, the receivers by that means frequently eluded justice. 4 Bl. Com. 132. This was remedied by the Stat. 1 An. St. 2. c. 9. §2 [P.L. 92] which enacts, that such receivers may be prosecuted as for a mi! TITLE 143. Recognizances.* 1. BE it enacted, That in all recognizances acknowledged since the 26th day of March, 1784, or which shall hereafter be acknowledged by any person, for keeping the peace, or good A. behaviour, or for appearing as a party, surety or witness at any court of criminal jurisdiction within this state, the sum or sums demeanor, and punished, though the principal felon be not before taken so as to be prosecuted and convicted. But if the principal can be come at, so as to give an opportunity of convicting the receiver as accessary, he must be proceeded against for felony, and not for the misdemeanor. Fost. C. L. 374. By these statutes the felony must be such as admits of accessaries. None can be accessary to a petit-larceny. 1 Hal. P. C. 616. Therefore they were held not to extend to petit-larceny. 2 East's C. L. 737. 778. The Stat. 22 Geo. 3. c. 58. [14 vol. Ruff'head's edition of the Statutes at large, p. 224] makes every person buying or receiving stolen goods guilty of a misdemeanor, whether the stealing the same shall amount to grand larceny or some greater offence, or to petit-larceny only, and though the principal felon be not before convicted of the said felony, and whether he be amesnable to justice or not. There is no similar provision in our law. The Stat. 5 An. c. 31. and this A. A. follows the statutes 3 & 4 W. & M. and 1 An. above mentioned, and prescribe the punishment to be inflicted. By the Stat. 5 An. the punishment is imprisonment, or at the discretion of the judge, as in cases of misdemeanor. 2 East's C. L, 745. The words are, "to be punished by fine and imprisonment, or other such corporal punishment as the court shall think fit to inflict." Our A. A. says, "to be punished by fine, public whipping, and standing in the pillory." It may perhaps be questioned whether the legislature did not intend to use the disjunctive or instead of the copulative and, as in the Stat. 5 An. and Stat. 22 Geo. 2. c. 58. In the last mentioned statute the punishment is "fine, imprisonment, or whipping, as the court shall think fit." As the preamble, and first enacting clause of the A. A. relate only to the crimes of burglary and house-breaking; and the third section which concerns receivers of stolen goods, speaks of "the said felons being encouraged to commit such burglaries and felonies," (as the mischief to be provided against) it may be inferred that such receivers only were in contemplation, who received from such persons as were guilty of burglary or house-breaking in obtaining the goods, and not other felons. This construction is supported by the severity of the punishment prescribed, which seems to admit of no mitigation. It may be observed, however, that the Stat. 5 An. c. 31. is in substance the same as our A. A. except as to the punishment being in a great measure discretionary; yet that statute seems to have been taken generally, the enacting clause as to receivers not being confined to burglars and house-breakers, but extending to "all persons who shall receive or buy any goods or chattels that shall be feloniously taken or stolen." 2 East's C. L. 744. A recognizance is an obligation of record, which a man enters into before some court of record, or magistrate duly authorized, with condition to do some particular act; as to appear at a court of justice-to keep the peace to pay a debt, or the like. It is in most respects liké TIT. 143. A. 1787. be made P. L. 420. payable to the A. A. 1787. TIT. 143. of money in which any such person shall be bound, shall be made, and payable to the state, in aid of the revenue thereof, and every such recognizance shall be good and effectual in law, provided it be signed by every party thereto, and also acknowledged in the presence of a judge or justice of the peace, who shall certify such acknowledgment; otherwise such recognizance shall be void. state, and to be signed, &c. Where for &c. 2. And whenever any such recognizance shall become forfeited, a scire feited by non-compliance with the condition thereof, the atfacias to issue, torney-general or other person acting for him, shall without delay, issue a scire facias to summon every party bound in such forfeited recognizance, to be and appear at the next ensuing court of sessions, to shew cause, if any he hath, why judgment should not be confirmed against him and if any person so bound fail to appear, or appearing, shall not give such reason for not performing the condition of such recognizance, as the court shall deem sufficient. Recognizances forfeited through igno rance may be limited. 3. Provided also, That if any person shall forfeit a recog nizance from ignorance, or unavoidable impediment, and not from wilful default, the court of sessions may, on affidavit, stating the excuse or cause thereof, limit 'the whole or any part of the forfeiture as may be deemed reasonable. [Where such recognizance shall be adjudged forfeited, what proceedings shall be had thereupon-see Title 79, Fines and Forfeitures, § 10.]-[See Title 17, Bail.-Title 107, Justices of Peace, &c.] TIT. 144. A. D. 1429. 12. P. L. 38. TITLE 144. Hecords. 1. ITEM, our lord the king hath ordained and established, by the authority of this present parliament, That for error as signed, or to be assigned, in any record, process, or warrant St. 8 H. 6. c. of attorney, original writ or judicial, panel or return, in any places of the same rased or interlined, or in any addition, subtraction, or diminution of words, letters, titles, or parcel of letters, found in any such record, process, warrant of attor avoided for ney, writ, panel or return, which rasings, interlinings, addiany writ, re- tion, subtraction or diminution, at the discretion of the king's turn, &c. ra- judges of the courts and places, in which the said records or process by writ of error, or otherwise, be certified, do appear suspected, no judgment nor record shall be reversed nor an'nulled.' Not to be reversed or sed or interŢined. a bond, with condition to be void on performance of the thing stipula ted. He who enters into it is called the cognizor. It is a record, and need not be sealed by the party. 2 Bl. Com. 341. P. L. 39. 2. And moreover it is ordained, That if any record, or par- TIT. 144. eel of the same writ, return, panel, process, or warrant of attorney in the king's courts of chancery, exchequer, the one A. D. 1429. bench or the other, or in his treasury, be willingly stolen, tak- St. 8 H. 6. c. en away, withdrawn, or avoided by any clerk, or by other 12. person, because whereof any judgment shall be reversed; that $ 3. such stealer, taker away, withdrawer, or avoider, their pro- Felony to em. curators, counsellors and abettors, thereof indicted, and by bezzle a reprocess thereupon made thereof duly convict by their own cord. confession, or by inquest to be taken of lawful men, whereof the one half shall be of the men of any court of the same courts, and the other half of other, shall be judged for felons, and shall incur the pain of felony. And that the judges of the said courts of the one bench or of the other, have power to hear and determine such defaults before them, and thereof to make due punishment as afore is said.' courts trans 3. And be it enacted, That all and singular the records of A. A. 1799. the several and respective county courts in this state, shall, Records of from and after the first day of January next, be transferred the county into the district court in which such county shall be included, ferred into there to be kept and continued of record. [See Title 82, For- the district gery--Counterfeiting.-Title 88, Grants of Land.-Title 74, courts, &c. Evidence.-Title 145, Register of Mesne Conveyances.-Columbia, Vol. 3.-Title 104, Judgments.] TITLE 145. Register of Mesne Convepances. TIT. 140 1. AND whereas for the preventing frauds in conveyances, double mortgages and other collusions, in making over and conveying lands and other estates, an officer is by a law of A. A. 1731. this province appointed for recording deeds, conveyances and P. L. 131-2, mortgages, in like manner as is appointed by certain acts of parliament in Great Britain, for the appointing registers in the county of Middlesex, and other parts of that kingdom; and it having been found by experience that the said office has had the good effects expected by the same, and has been of great use and service to this province, as it has been distinct and separate from any other office: 2. Be it therefore enacted, That the recorder or register of deeds or conveyances of land and mortgages, shall be and continue separated and distinct from any other office or officer whatsoever, for registering of deeds, and the said register of this province, and the register of this province for the time being, who whilst register of this province, or deputy-register, shall take upon him to execute the office of secretary or depaty-secretary, or of his majesty's auditor-general, or his de.. Office of to be kept separate from every other office, TIT. 145. puty, or his majesty's register, or his deputy, or of receivergeneral, or his deputy, or as any other officer whatsoever, established or to be established, for registering, enrolling or recording of grants or deeds, shall forfeit the sum of five hundred pounds proclamation money, to him or them that will inform and sue for the same, by action of debt, bill, plaint or information, in any court of record in this province, together with the loss of his office of register of this province, and wherein no essoin, protection, injunction or wager of law shall be allowed or admitted of. A. A. 1786. To be appointed for Beaufort and Georgetown districts. A. A. 1799. Clerks of the courts to be S. Whereas the constitution of this state directs,* that registers of mesne conveyances shall be appointed for the different districts thereof, Be it therefore enacted, That from and immediately after the passing of this act, registers of mesne conveyances shall be appointed, agreeable to the constitution, for the districts of Beaufort and Georgetown aforesaid; and they are hereby respectively vested with the like powers and authorities as are exercised by the register of mesne conveyances in Charles ton. 4. And be it further enacted, That the clerk of the court of 2 Faust 318. each district, shall be, and is hereby constituted register of mesne conveyance for the same, in those districts wherein county courts have heretofore been established, and in the following other districts, that is to say: Marion district, Colleton district, and Beaufort district. registers, &c. A. A. 1802. 2 Faust 473. Clerk of the court for Hor ry made register, &c. A. A. 1804. 2 Faust 546. Clerk of the courts for Orangeburgh & his successors shall be register, &c. A. A. 1805. Clerk of Williamsburgh vested with the office of register, &c. Clerk of Lex. ington dis trict courts to be, &c. 5. And be it further enacted, That the office of register of mesne conveyances shall be vested in the clerk of the district court [of Horry] for the time being. 6. Be it enacted, That the present clerk of Orangeburgh district, and his successors in that office, shall be, and hereby is constituted register of mesne conveyances for the said district, and shall do and perform all the duties, be liable to the same pains and penalties, and be entitled to the same fees and perquisites now enjoined, inflicted and allowed the registers of in the other districts, by virtue of any law mesne conveyances now of force in this state. 7. And be it enacted, That the office of register of mesne conveyances shall be and is hereby vested in the clerk of the said courts of common pleas and general sessions of the said district of Williamsburgh. 8. And be it further enacted, That the office of register of mesne conveyances shall be and is hereby vested in the clerk of the courts of general sessions and common pleas of Lexington district. * The Constitution of the year 1778. See Title 139, Public Offcera, $ 1. |