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spective 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 aforesaid, That it shall liken ise be the duty of the other shesheriff of Charleston district, and the sheriffs of rats to do

the same. 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-ninc, 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 aforesaid, That upon receipt of all or any of said books Upon reor papers, the same shall forthwith be lodged in ceiving the offices of the several sheriffs respectively, to how to dis. whose offices the same may have reference. And pose of

them. in such cases where the aforementioned sheriffs 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 hereis books and mentioned, on or before the first day of July next, papers. the several books and papers, as before mentioned, he and they shall forfeit and pay the sum of two

hundred dollars; one fourth part thereof to the benefit of such person or persons as shall sue for and recover the same, and the rest to the state.

And be it further enacted by the authority afore

said, That in such cases where the aforementioncase books ed books and papers, from accidents by fire, or have been other sufficient cause, cannot now be found, to be destroyed 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 aforeExpenses said, That the expenses which may attend the reto be paid by the 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-
dependence of the United States of America.

DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the

House of Representatives.

state.

An ACT to amend an act, entitled, An act for

the abolition of the Rights of Primogeniture; for the giving an equituble distribution of the estate of intestates, and for other purposes therein mentioned,passed the nineteenth day of Fe. bruary, in the year of our Lord one thousand seven hundred and ninety-one ; also for regulating sheriffs sales.

HEREAS it hath been adjudged by the

courts, upon the construction of the aforesaid act, that in cases in which persons die intestate, leaving no wife or children, or lineal descendant, but leaving father or mother, although such intestate also leave brothers and sisters, or brother and sister, or brothers or sisters, one or more,

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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, of any 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 aforesaid, 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 wecks 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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Samic to sale; and such advertisements shall be in one or more of the gazettes, in cases where the lands, or other property which shall be for sale, should the same be in the districts where gazettes are printed; and where there are no gazettes printed, the notice or notices shall be put up at the court-house door, and two other public places in the district, one of which shall be in the neighbourhood of the said property so to be sold; any law or laws, usage or customs, to the contrary hereof in any wise notwithstanding. In the Senate House, the sixteenth Day of December, in

the Year of cur Lord one thousand seven hundred and
ninety-seven, and in the twenty-second Year of the In-
dependence of the United States of America.

DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the

House of Representatives.

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An ACT to abolish the right of trial by Special Jury, except by the consent of both parties.

HEREAS the regulations for the trial of

civil causes by special juries have been abused to the purposes of delay and chicanery, and the administration of justice hath been impeded by these delays, to the great discouragement of credit: For remedy thereof,

Be it 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 right of trial by special jury be, and the same is hereby abolished, (except in the case hereinafter mentioned,) and all clauses of acts respecting the same, be, and they are hereby repealed : Provided nevertheless, That where both parties are desirous of having their cause tried by a special jury, it shall and may be lawful for the judges of the court of common pleas, after the common docket shall have been disposed of, to try, by a special ju- ry or juries, any cause or causes, which the said parties are desirous of having so tried; and that

the mode of drawing such special juries, and try. ing the said causes, shall be the same as is prescrib. ed by an act, entitled, “ An act to alter and amend the law respecting juries, and to make some addi, tional regulations to the acts for establishing and regulating the circuit courts,” passed the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-one. 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 twentij-second Year of the In-
dependence of the United States of America.

DAVID RAMSAY, Prevident of the Senate.
ROBERT BARNWELL, Speaker of the

House of Ripresentatives.

An ACT to authorize the tax-collectors through

out the state to collect assessments for the poor. D E it enacted by the honorable the Senate and

D House of Representatives, now met and sitting in general assembly, and by the authority of the same, That the tax-collectors in all counties where county courts are established, shall be, and they are hereby authorized and required to collect from the inhabitants of their respective counties, all such rates and assessments as have been or may be hereafter laid, rated or assessed for the use of the poor; and they shall be entitled to receive, as a compensation for their services, the same percentage as they are allowed for collecting the public taxes; and shall have the same powers and authority to enforce the payment thereof, and have a right for that purpose to use the same compulsory means and process as are authorized by law for collecting the public taxes; and they shall collect and pay such poor tax to the proper officers who are to receive the same, at or before the time now appointed or hereafter to be appointed by law for paying the general tax into the public treasury; and in case of any default, shall be liable to the same pains and penalties as are provided by law for any

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