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And be it further enacted by the authority Judges aforesaid, That the judges of the court of com, may direct mon pleas, shall be, and they are hereby authoand alter places rized, from time to time, to direct and alter the where places where the sheriffs of the several districts
to shall make sales of the property ordered to be
sold by any process of law or order of court, as they, in their judgment, shall deem necessary and convenient, for the purpose of effecting the intention of the legislature with respect to public sales; and all sales of mortgaged property shall be made in the several districts, at the places fixed by the judges, and at the times fixed by law for the sale of property under execution,
And be it further enacted by the authority Writs to aforesaid, That in actions of trespass brought to
rathes to try the title to land, the plaintiff or his attorney to be in shall always indorse, on the original and copy dorsed. writ, that the action is brought to try the title as
well as for damages; and the judges of the court of common pleas shall and may form such reasonable and equitable rules, and lay the parties in such actions under such just and reasonable terms as will bring them to trial upon the merits of the case, conformably to the principles of trials by ejectment, under the former law and practice of the courts.
And be it further enacted by the authority Repealing aforesaid, 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prevent persons holding certain offices of emolument from leaving the state," be and the same is hereby repealed, as far as it totally prohibits the persons therein mentioned from leaving the
state without permission first obtained from the Officers governor of the state; and such officers shall be, may leave and are hereby authorized and permitted, at prothe state.
per times, when the same can be done without prejudice to the interests of the state, to leave
the state without such permission first obtaired; 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 governor for permission to do so; and he is lereby 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 aj plicants.
And whereas, great inconveniences have arisen, and many attempts have been made to deprive creditors of their just debts, by secret and collusive sales of considerable property, made far below its real value, under pretence of raising money to pay taxes and other debts and duties to the public, and it is just that some remedy be provided against the gronth of this evil practice,
Be it further enacted by the authority aforesaid, That from and after the passing of this act, Restrictithe collectors of the taxes, public debts and du- ons on col.
lectors selties throughout this state, shall, whenever de- ling prifault be made by any person in the payment of vate pro
..perty for any tax, debt or duty now owing, or which may hereafter grow due and owing, to the state, coun- dues. ty or parish, (the whole sum so due as aforesaid, not being less than five shillings,) proceed to levy on the property of such defaulter in their respective counties or parishes, in the manner prescribed by law, and shall proceed to give three weeks notice, by advertisement, put into one or more gazettes where they are established, and posted up in three of the most notorious and public places of the counties and parishes where gazettes are not established, of the time and place where sale is intended to be made of the property of such defaulter; and the collectors
aforesaid shall express in their advertiseinents the sum due by such defaulter, and the property levied upon and intended to be soid; and where the sum due by the defaulter aforesaid is less than five shillings, the collectors aforesaid shall and may proceed summarily by distress and sale, for which they shall not be entitled to demand or receive any fee, reward or compensation.
And be it further enacted by the authority Where aforesaid, That all sales by collectors shall be
I made at the court-houses in their respective by collect counties, and at the most public and notorious ors. place in the parish or collection district, where
county courts are not established, nearest the place of residence of such defaulter, or where the property may be found, on Monday and Tuesday in each week.
And be it further enacted by the authority How such aforesaid, That whenever any collector shall lesales are vy on any property of any defaulter, for any to be conducted.
taxes, debts or duties as aforesaid, he shall not put up for sale, in one lot, more than he believes will be sufficient to pay the sum due by such defaulter, together with the charges of legal pro. cess; and if the sale be made of negro slaves, he shall not sell them for any longer term than one year, and if the sale be made of land, he shall not sell the same for any longer term than seven years.
And be it further enacted by the authority Balance to aforesaid, That whenever any collector shail be paid to Sheriff to make sale of any property of any such defaulter, satisfy he shall, after deducting so much from the a.
de mount of sales as will fully satisfy the tax, debt mands.
or duty by him due, and the legal charges on the process of law, pay over whatever balance may remain in his hands, to the sheriff of the
county or circuit court in which the said property is sold, according to the legal priority of the demands in their hands, to be by them applied to the payment of such demands, if any they have, according to law:
And be it further enacted by the authority aforesaid, That all sales of property, real or personal, made for or by reason of, cr under pre-trary to text of raising money to pay any taxes, debts or th
null and duties as aforesaid, contrary to this act, shall be, void." and the same are hereby declared to be null and void.
And be it further enacted by the authority aforesaid, That the judges of the county court County of Kershaw shall be, and they are hereby authoi
Keishaw ized to hold the court of the said county in the may be district court-house in the town of Camden, at held in the
** district such times as the same may not be required for court the use of the superior courts; and the keeper house, and of the gaol of Camden district shall be, and he is po
u 19 committed hereby authorized and required to receive into thereby, his custody, and safely keep in the gaol of the may be
confined said district, such persons as may be committed in the disto gaol by any of the judges of the county court trict gaol. of Kershaw, or by order of the court thereof. .
And whereas, by the seventh section of an act, passed on the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety-one, entitled, “ an act to amend the several acts for establishing county courts, and for regulating and amending the proceedings therein,” the justices of the peace v here county courts are established, had, in certain cases, jurisdiction to the amount of five pounds, and in other cases to the amount of three pounds sterling:
Be it therefore enacted by the authority afore- Jurisdicti. said, That all justices of the peace where county on of justi.
ées of the courts are not established shall have the same peace in jurisdiction that justices of the peace have where certain
such county courts are established.
And whereas, the neglect of justices of the peace, in returning recognizances to the several courts of general sessions of the peace, oyer and terminer, assize and general gaol delivery, in due time, hath been productive of much delay and inconvenience in the business of the said courts:
Be it enacted by the authority aforesaid, That justices of from and after the passing of this act, all justices peace shall of the peace, before whom recognizantes of witlodge re. cognizan. nesses, defendants or prosecutors, for their reces, &c. in speciive appearances at any of the said courts, the clerk's offices.
shall be taken, or before whom any information
December, in the year of our Lord one thou-
President of the Senate.