« PreviousContinue »
THE STATE OF SOUTH-CAROLINA.
Know all men by these presents, that I, A. B. Form of of - in the state aforesaid, in considerati convey. on of — to me paid by C. D. of - in the state aforesaid, have grented, bargained, sold and released, and by these presents do grant, bargain, sell and relcase unto the said C. D. all that (here describe the premises,) together with all and singular the rights, members, hereditaments and appurtenances, to the said premises belorging or in any wise incident or appertaining; to have and to hold, all and singular the premises before mentioned, unto the said C. D. his heirs and assigns for ever. And I do hereby bind myself, my heirs, executors and administrators, to warrant and for ever defend all and singular the said premises unto the said C. D. his heirs and assigns, against myself and my heirs, and against every person whomsoever, lawfully claiming or to claim the same, or any part thereof. Witness my hand and seal, this--day of
in the year of our Lord — and in the -
And be it further enacted by the authority aforesaid, That the wife of any grantor, conveying real Wife may estate in the manner above prescribed, may, if she bendence
her dower. be of lawful age, release, renounce, and bar herself of her dower, in all the premises so conveyed, by going before any judge of the court of common pleas, or justice of the quorum, or any judge of the court of the county wherein she may reside, or the land may be, and acknowledge before him, upon
a private and separate examination, that she did
fy unto all whom it may concern, that E. B. the Form of certificate wife of the within named A. B. did, this day, apfor renun- pear before me, and upon being privately and seciation of dower.
parately examined by me, did declare, that she
E. B. (1 s) F. G. judge of
And be it further enacted by the authority aforeWife may said, That every married woman, of the age of release her twenty-one years, who may be intitled to any real inherit
estate, as her inheritance, and may be desirous of joining her husband in conveying away the fee simple of the same to any other person, may bar
herself of her inheritance in such real estate, by joining with her husband in a release to the
purport of the one herein before prescribed: Provided she will go before some one of the judges or justices, in the second clause of this act mentioned, at any time after the expiration of seven days after such release has been duly executed as aforesaid; and will then, upon a private and separate examination by him, declare to him, that she did, at least seven days before such examination, actually join her husband in executing such release, and did then, and at the time of her examination still does, freely, voluntarily, and without any manner of compulsion, dread or fear, of any person or persons whomsoever, renounce, release, and for ever relinquish all her estate, interest and inheritance in the premises mentioned in the release, unto the grantee, and his heirs and assigns: And also provided, That a certificate, signed by the woman, and under the band and seal of the judge or justice, as aforesaid, shall then be immediately indorsed upon the said release, or a separate instrument of writing to the same effect, in the form or to the purport of the certificate prescribed in the second clause of this act; to which certificate, an addition to the following effect shall invariably be made, to wit: that the woman did declare, that the release was positively and bona fide executed at least seven days before such her examination; and such renunciation shall not be considered as being complete or legal, until the same shall be recorded in the office of mesne conveyances, or office of the clerk of the county courts, in the districts or county where the land lies. In the Senate House, the twelfth Day of December, in the
Year of our Lord one thousand seven hundred and
DAVID RAMSAY, President of the Senate.
House of Representatives.
An ACT concerning the office of Sheriff
E it enacted by the honorable the Senate and
House of Representatives, now inet and sitting in general assembly, and by the authority of
the same, That the persons who shall hereafter be Sheriffs to elected to the office of sheriff of a district, or to give secu- be appointed thereto by the governor during the rity.
recess of the legislature, shall, within three weeks immediately succeeding such election or appointment, enter into a bond, drawn payable to the trcasurers of the state for the time being, and their successors, in the sums herein after mentioned, conditioned for the due and faithful discharge of the duties of the said office, as required or to be required by law; which bonds shall be executed by the said sheriffs respectively, and any number of securities, not exceeding twenty, nor less than five; which securities, before they are accepted or received by the treasurers, shall be approved of in writing by the commissioners, in manner herein after directed, who are hereby severally authorized and required to consider and determine in their several districts respecting the competency of the several persons to be offered by the sheriffs for the purposes aforesaid. And no person to be elected or appointed to the office of sheriff, shall be permitted by the judges to enter upon the execution of his office, until he hath recorded in the office of the clerk of the court of the district for which he is or may be elected or appointed, a certificate from the commissioners appointed by virtue of this act, (which certificates they are hereby required to give,) that such sheriff hath duly executed, and lodged in the treasury, such bond, with such security as is required by this act: and if any person, so to be elected or appointed as aforesaid, to the said office, shail fail to provide and perfect the security within the time required by this act, the office of such sheriff shall be, and the same is hereby declared to be vacated.
And be it further enacted by the authority aforesaid, That the bonds of the sheriffs of the several Amount of districts shall be given in the sums following, that the curiis to say: the bonds to be given by the sheriff of given in Ninety-six, the sheriff of Pinckney and the sheriff the differof Washington, the sheriff of Orangeburgh and init disthe sheriff of Cheraw districts, shall be severally in the sum of fifteen hundred pounds sterling money; the bonds to be given by the sheriff of Camden, the sheriff of Bcaufort district, and the sheriff of Georgetown district, shall be severally in the sum of five thousand pounds sterling money; and the bond to be given by the sheriff of Charleston district, shall be in the sum of ten thousand pounds sterling money. And the persons who shall be
approved of and join as securities in the bonds prescribed by this act, shall severally be held and deemed liable, each one for his equal part of the whole sum in which the bond is given, (the said sum to be divided into as many equal parts as there shall be securities in the bond,) and no more than such equal part shall be in any court recoverable of or from any one of the said securities, his heirs, executors or administrators; but nothing in this act contained shall operate to prevent the securities from having and cbtaining amongst one another, just and equitable aid and contribution, as in other cases of securityship, where there are several securities.
And be it further enacted by the authority aforesaid, That the bonds to be given by the sheriffs, according to this act, and to be deposited in the treasury, may at all times be sued for by the public or any private person who shall or may think themselves aggrieved by any misconduct of any sheriff'; for which purpose the treasurers for the time being, and each of them, upci application at the treasury office, shall deliver to any person applying therefor, and paying the fecs for doing the same, an exact and certified copy of any shcriff's