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spective commissions, although not resident in the beats aforesaid: Provided, That the said residence be in his battalion. ...And whereas it has been inconvenient, and sometimes oppressive, to issue warrants, in the first instance, againat the body of defaulters, and other rsons, subjected to the fines by the militia law: for remedy whereof, Be it enacted by the authority aforesaid; That the officer to whom the power is given of issuing warrant, warrants against the body of defiulters, and other. ..., persons liable to fines, shall, in the first instance, ...” issue his warrant against the goods and chattels of and exesuch person; and the sergeant or other person to “ whom such warrant shall be directed, is hereby authorized and required to seize the property of the person against whom the warrant shall be issued, and sell the same, after having advertised it in some public place in the regimental or company district to which the said person may belong, at least five days previous to the sale; and if the person to whom the said warrant shall be directed, shall make a return that he cannot find any goods and chattels to be levicd on, then the officer who issued the first warrant, is hereby authorized and required to issue a warrant against the body of the person, in lieu of that which was issued against his goods and chattels. ...And be it further enacted by the authority aftresaid, That the governor and commander in chief Governor for the time being, be, and he is hereby authoriz. to - - - - ank.comed to issue blank commissions to the lieutenant-jon. colonels of the respective regiments; and the lieutenant colonels of the respective regiments shall, from time to time, as vacancies may occur in their said regiments, fill up and issue commissions, and moke return thereof to the brigadier. And he it further enacted by the authority qfore- Turning said, That the militia of Charleston and George- ...” town shall be, and they are hereby exempted from "

turning out on company parade, oftener than once
in every two months; and the commanding officer
in each regiment throughout the state, shall be au-
thorized, if he see fit, to exempt his men from turn-
ing out on parade in the months of July, August
and September: Provided they turn out not less
than six times in the year. - -
In the Senate House, the sixteenth Day of December, in
the Year of our Lord one thousand seven hundred and
ninet: -sev, n, and in the to onty-second Year of the In-
defend ore of he snited States of America.
B.A.V HD RAMSAY, President of the Senate.
RUBERT BARN WELL, Sheaker of the

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An ACT to compel all district Sheriffs or Provost Marshals, heretofore appointed in this State, or their representatives, to lodge in the offices therein mentioned, the Books of their reshective offices. Hi.R.E.AS great inconvenience has arisen, and many persons materially injured, by reason that the books kept in the offices of the several sheriffs and provost marshals, heretofore appointed in this state, for the purpose of registering the transactions of said offices, are not accessible to the parties interested in those transactions: And whereas it is highly expedient that some measure should be adopted, in order to render the said books accessible to the parties interested: Be it therefore enacted by the honorable the Semate and House of Representatives, now met and sitting in general assembly, and by the authority sheriff of of the same, That it shall be the duty of the sheriff ...a of Charleston district to apply to the persons who on district - to apply to have heretofore exercised the office of provost mar*"... shal, previously to the twenty-ninth day of July, sheriffs . , for in the year of our lord one thousand seven hunbooks, &c. dred and sixty-nine, or to their representatives, for all the books that have been kept in their respective offices, for the registering or entering the transactions of said offices, to wit: the writ book, execution book, sale books, receipt books, or any other books or papers by whatever name the same may be called, that contain a register or entry of their transactions as provost marshal. ...And be it further enacted by the authority asbresaid, That it shall likewise be the duty of the other shesheriff of Charleston district, and the sheriffs of Hot the several districts throughout the state, in like manner, to apply to the persons who have exercised the office of sheriff in their respective districts, since the said twenty-ninth day of July, in the year of our lord one thousand seven hundred and sixty-nine, or their representatives, for all the books that have been kept in their respective offices, as above particularly enumerated. ...And be it further enacted by the authority asbresaid, That upon receipt of all or any of said books Upon re. or papers, the same shall forthwith be lodged in . the offices of the several sheriffs respectively, to i.i. whose offices the same may have reference. And Rose of in such cases where the aforementioned sheriff, or " provost marshal, or their representatives, shall conceive or deem it necessarry to retain in their own hands the books or papers above mentioned, as evidence of their transactions, or for any other cause, the sheriffs aforesaid shall, and they are hereby required in all such cases, to make out, and record in their offices respectively, fair and full copies of all such books and papers appertaining to the same, returning the originals to the parties requiring the same. ...And be it further enacted by the authority aforesaid, That if any sheriff or provost marshal as a penalty for foresaid, or their representatives, shall refuse or refusing to neglect to deliver up to the several sheriffs herei ...; mentioned, on or before the first day of July next, papers. the several books and papers, as beforementioned, be and they shall forfeit and pay the sum of two

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case books

hundred dollars; one fourth part thereof to the be-,
nefit of such person or persons as shall sue for and
recover the same, and the rest to the state.
And he it firther enacted by the authority asbre-
said, That in such cases where the aforemention-
ed books and papers, from accidents by fire, or

have been other sufficient cause, cannot how be found, to be

destroyed,

Expenses to be paid by the state.

delivered up as herein directed, the particular cir-
cumstances occasioning such inability, shall be
fully stated by affidavits of the several persons who
have heretofore exercised the offices of the provost
marshal and sheriffs or their representatives, in all
which cases the penalties hereby inflicted shall not
attach.
And be it further enacted by the authority afore-
said, That the expenses which may attend the re-
cording of the books and papers herein mentioned,
be paid from the public treasury.
In the Senate House, the sixteenth Day of December, in
the Year of our Lord one thousand seven hundred and
ninety-seven, and in the twenty-second Year of the In-
defendence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Sheaker of the
House of Reforesentatives.

...An ACT to amend an act, entitled, “..An act for
the abolition of the Rights of Primogeniture;
jor the giving an equitable distribution of the
estate of intestates, and for other purposes there-
in mentioned,” passed the nineteenth day of Fe-
bruary, in the year of our Lord one thousand
seven hundred and ninety-one; also for regulat-
ing sheriffs sales.
HEREAS it hath been adjudged by the
courts, upon the construction of the afore-
said act, that in cases in which persons die intes-
tate, leaving no wife or children, or lineal descend-
ant, but leaving father or mother, although such
intestate also leave brothers and sisters, or brother
and sister, or brothers or sisters, one or more,

*

that the father or mother is entitled to receive the whole estate, to the exclusion of such other of his or her kindred aforesaid:

Be it therefore enacted by the honorable the Senate and House of Representatives of the state of South-Carolina, now met and sitting in general assembly, and by the authority of the same, That from and after the passing of this act, in all cases in which any person shall die intestate, leaving neither wife, child or children, or lineal descendant; but leaving a father or mother, and brothers and sisters, or brother and sister, or brothers or sisters, one or more, that the estate, real and personal, of such intestate, shall be equally divided amongst the father, or, if he be dead, the mother, and such brothers and sisters as may be living at the time of the death of such intestate, so that such father or mother, as the case may be, and each brother and sister so left living by the intestate, shall each take an cqual share of his estate, real and personal: Provided always, That the issue, if any, oftny deceased brother or sister, if more than one, shall take amongst themselves, the same share which their father or mother, if living, would have taken; and if but one such issue, then he or she shall take the share which his or her father or mother would have taken if living.

..And be it further enacted by the authority afbresaid, That the sheriff of every district in this state, shall, before he exposes any lands or tenements which he may be directed to sell by virtue of any execution or mortgage, publicly advertise the same three weeks immediately previous to the sale day or days, on which he means to expose the same for sale; and the sheriff of every district in the said state, shall, before he exposes such personal property, goods or chattels, as he may be directed to sell, publicly advertise the same fifteen days immediately previous to the sale day or sale days, on which he means or is directed to expose the

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