the treasury of this state, unless the same be done by an act to be passed for that purpose; and that no person who now is, or hereafter may be indebted to the state, in any manner whatever, shall be exempted or relieved, in part or in the whole, from the payment thereof; nor shall the state be divested of any right or interest whatever, for the purpose of vesting the same in an individual, by any other means than under and by virtue of an act to be passed for that purpose. In the Senate House, the nineteenth Day of December, in DAVID RAMSAY, President of the Senate, An ACT to prevent Debtors from purchasing, repeatedly, their own property at sheriff's sales, to the delay of their Creditors, and for the better regulation of sheriff's and other sales at public auction. B ten per E 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 at all sheriff's sales made in any Purchas county or district of this state, after the first day ers to pay of April next, every purchaser shall, if the plain- cent. on tiff desires and directs the same, immediately after their pur any article of property shall be knocked off to him, chases. pay into the hands of the sheriff making the sale, a sum which shall at least be equal to ten per cent. upon the amount of his purchase, towards the payment thereof; and if he should fail or neglect to make such payment, the sheriff shall immediately set up the same property for public sale, upon the spot; and shall not, upon such resale, or any other sale of the same property, under the same execution, or upon the same account afterwards to be made, receive the bid of the first purchaser or his sit to be and the first pur chaser's bid refus. ed at a re agent: Provided, That such plaintiff give notice, in writing, to the sheriff, of his requiring the same, in time to enable him to insert such his intention in one at least of his public notices of such sale. And be it further enacted by the authority aforeThe depo- said, That if any purchaser, after paying the perforfeited, centage aforesaid, shall fail or neglect to comply with the terms of the sale, all the money so paid shall be forfeited to the plaintiff in the execution under which such sale was made; and shall, if the sale by any sheriff or constable, be applied first to pay the costs and charges accrued, or due upon the suit and sale; and the surplus, if any, shall be applied towards paying the debt. And the sheriff or constable making the sale, shall not, at any resale of the same property, under the same execution, or upon the same account, receive or take notice of any bid made by the first or any other former purchaser. sale. on resales ed as a gents. And be it further enacted by the authority aforeBidders said, That if any person shall, at any resale made not to be by any sheriff or constable, on account of the first consider or any former purchaser having failed or neglected to pay the percentage aforesaid, or to comply with the terms and conditions of the sale, whether the same was made for cash or credit, such person shall himself be bound by his purchase, and shall comply with this act, and the terms and conditions of such resale, and shall not be allowed to say, set up or pretend that he bought the same as agent for the first or any former purchaser: Provided always, That it shall be publicly proclaimed by the crier at such sale, that the same was to be made on account of the first or some former purchaser, and that the conditions and terms of the sale shall, in like manner, be proclaimed by him immediately before the property is set up. Deposit to be return ed, if titles are not made. And be it further enacted by the authority aforesaid, That if after the percentage aforesaid shall have been paid, any thing on the part of the seller or his agent, should prevent proper titles from be ing made for the property sold, within a reasona ble time, or otherwise obstruct the completion of the sale, the said percentage shall be returned and restored to the purchaser, and by him may be recovered by action on the case, together with interest thereon, if such return or restoration should be neglected or refused to be made, after being demanded; and the sheriff and his securities shall be liable for such percentage, and the interest thereon. Whereas, serious mischiefs have arisen from the mode practised by sheriffs in omitting to insert in their advertisements of property, the name or names of the several person or persons to whom the same belongs, and also the name or names of the persons at whose suit the same is sold: For remedy whereof, advertize. Be it enacted by the authority aforesaid, That from and after the passing of this act, the several Sheriffs to sheriffs of this state shall be obliged, and are hereby required, in all future advertisements of property to be sold by them at sheriff's sales, to insert in their advertisements thereof, for the general information of the public, as well the name or names of the debtors or persons to whom the same belongs, as also the name or names of the persons or creditors, at whose instance or suit the same is intended to be sold; and that any sheriff neglecting so to do, shall be, and is hereby declared to be subject to a penalty of fifty pounds sterling, and all damages, to be recovered by any person or persons who may be injured by such omission, by action in any court of law in this state. the credit And be it enacted by the authority aforesaid, That the sheriff's be, and they are hereby required to pay Sheriff to over to the plaintiff or his attorney, all and every pay overto sum or sums of money which they may respect- or, all moively receive on account of such plaintiff, within nies reten days after he shall receive the same, any law, ten days. usage or custom to the contrary thereof in any wise, notwithstanding. And if any sheriff shall ceived, in Sheriff of George town to in the refuse to pay over the same within ten days after he shall receive the same, if demanded, then, and in such case, he shall be liable to forfeit and pay to the said plaintiff, the sum of fifty per cent. on the sum so received, to be recovered by action of debt; and the respective courts, out of which the executions may issue, shall be, and they are hereby authorized and required to make all such rules and orders as they may judge necessary, to carry this act fully into effect. And be it also enacted by the authority aforesaid, That the sheriff of Georgetown district be compeladvertise led, in future, to advertise in the newspaper, such property as is offered for sale by him as sheriff. In the Senate House, the nineteenth Day of December, in the Year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first Year of the Independence of the United States of America. newspaper. DAVID RAMSAY, President of the Senate. An ACT for regulating the admission of Attornies and Solicitors, to practice in the Courts in this State. WH HEREAS it is necessary that the mode of admitting attornies, counsellors and solicitors in the courts of law and equity in this state, should be further regulated by law: Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority Conditions of the same, That in future every person who is a of admissi- citizen of this state, or of the United States, and nies, citi- who shall have graduated in any regular college or on of attor zens of this state. university of this state or of the United States, or in any foreign university, who shall have served a regular clerkship, and have read law in the office of any practising attorney of this state, for and during the term of three years, subsequent to such his graduation, and shall have attained his full age of twenty-one years: And also every person, citizen as aforesaid, who shall not have graduated as aforesaid, but shall have served a regular clerkship, and have read law in the office of any regular practising attorney of this state, for and during the term of four years, and have attained his age of twentyone years, (the said persons respectively undergoing an examination, to the satisfaction of the judges of the respective courts, in the manner hereinafter provided,) shall be, and they are hereby declared fit and competent to be admitted to the bar of this state; and shall, upon application, be admitted and enrolled in the usual form. on for ad ner of exa And be it further enacted by the authority aforesaid, That whensoever any candidate shall be de- Time and sirous of offering himself for admission, he shall mode of apapplicatiply by petition, to the court of common pleas, for an admission into that court; and to the court of mission, equity, for an admission into that court, at Colum- and manbia or at Charleston, at any time during the sitting mination. of the court to which he shall apply; and the judges being satisfied by such proof as they shall think proper to prescribe, to the candidate being qualified and having performed the requisites aforesaid, shall and may make, and cause to be entered, a rule for the examination of such candidate, prescribing the time and place, nominating a competent number of the bar to attend and conduct such examination, under the superintendance and direction of any two or more of the judges of the said court, at which time and place the said examination shall be had, which shall continue until the presiding judges shall see fit to terminate the same; and if the said judges shall be satisfied of the skill, learning, character and fitness of the said candidate, for an admission into the said court, they shall cause the clerk to enter an order for such purpose, to make out the commission under the seal of the court, which shall be signed by one or more of the said judges, and given to the candidate, whose name shall |