Acts relating to Courts.

or Commander-in-chief of this State for the time being; and also to attend the Legislature of this State, whenever they shall meet, and to draw out or draught and engross all such bills and Acts as the President of the Senate or the Speaker of the House of Representatives shall from time to time direct them to prepare or engross; which said circuit solicitors shall be liable to all the penalties, and shall enjoy all the privileges, emoluments and advantages, to which the attorney general of this State, in Charleston, is liable or entitled; and they shall each be entitled to receive a salary of one hundred pounds sterling for their services, to be paid in equal quarterly payments.

XI. And be it further enacted by the authority aforesaid, That the said attorney general in Charleston, shall have a right to call upon the said circuit solicitors, or any or either of them, for, and to require their assistance and support in behalf of, the State, in any case where he may think it necessary or proper, or whenever sickness may prevent him from doing his duty; Provided always, nevertheless, that nothing in this Act contained shall be construed in such a manner as to prevent any or either of the said solicitors from appearing in behalf of, or defending, any person brought to trial before any criminal court of this State, when their duty shall not require them to prosecute such person, or when his or their assistance or service shall not be required against such person by the Governor or attorney general, as aforesaid.

XII. And whereas, during the existence of the former constitution, certain powers were given by several Acts and Resolutions of the Legislature, to the Governor and council, which powers cannot be now exercised, by reason of the alteration in the executive authority of the State; for remedy whereof, Be it enacted by the authority aforesaid, That the judges of the court of common pleas, or any one of them, in their respective districts, are or is hereby vested with the exercise of the said powers, so far as the same shall extend to hearing and determining causes in the court of caveats, which caveats shall be entered as heretofore; and the commissioners for settling the public accounts shall be, and are hereby, vested with the exercise of the said powers, so for as the same extended to the giving up of such bonds as have been deposited in the treasury for the purchase of property sold as public property, but which had been thereafter discovered to be the property of individuals.

XIII. And be it further enacted by the authority aforesaid, That the judges of the county courts, in those districts where county courts are established, and the justices of the quorum in those districts where they are not established, and the clerks of the several district courts, in their respective districts, shall be, and they are hereby, authorized and required to give orders for reasonable bail, on proper affidavits made, in such actions as may be commenced in any of the superior courts of law of this State, where bail may be proper, but not grantable, of course; and such judges and justices shall and may also take recognizances of special bail, in legal form, in any causes in the said courts, and shall certify and transmit the same to the judges or clerks thereof.

A. D. 1791.

Their duties.

Bail.

XIV. And be it further enacted by the authority aforesaid, That the clerk and sheriff of the district of Camden shall be, and they are hereby, Clerk and she authorized and required to attend, by themselves or deputies, at the meet- riff of Camden ings and sitting of the court directed by the constitution to be held at Co. to attend aplumbia, after the termination of the circuits, and to perform the usual duties Columbia, of their respective offices; and the said clerk shall take particular minutes

peal court at

A. D. 1791.

when to be held.

Acts relating to Courts.

of the proceedings of the said court, and keep record thereof; and he shall, in full compensation for his services at the said court, be entitled to and receive out of the public treasury the sum of twenty pounds per annum; and the said sheriff shall be entitled to and receive out of the public treasury, in full compensation for his services, the sum of ten pounds per

annum.

XV. And be it further enacted by the authority aforesaid, That the Sheriff's sales, judges of the courts of common pleas shall be, and they are hereby, authorized from time to time to direct and alter the places where the sheriff's of the several districts 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.

Actions of

trespass to try titles.

Leave of ab

officers.

XVI. And be it further enacted by the authority aforesaid, That in actions of trespass brought to try the title to land, the plaintiff, or his attorney, shall always indorse on the original and copy 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 on the merits of the case, conformably to the principles of trials by ejectment, under the former law and practice of the courts. XVII. And be it further enacted by the authority aforesaid, That the sence to public 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 Governor of the State; and such officers shall be, and are hereby, authorized and permitted, at proper times, when the same can be done without prejudice to the interests of the State, to leave the State, without such permission first obtained, 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 so to do; and he is hereby 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 applicants.

Sales of property levied on for taxes, how to be made.

XVIII. 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 considerahle 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 growth of this evil practice; Be it further enacted by the authority aforesaid, That from and after the passing of this Act, the collectors of the taxes, public debts and duties, throughout this State, shall, whenever default be made by any person in the payment of any tax, debt or duty, now owing, or which hereafter may grow due and owing, to the State, county 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 advertisements put into one or more Gazettes, where they are established, and posted up in three of the most

Acts relating to Courts.

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 advertisements the sum due by such defaulter, and the property levied upon and intended to be sold; 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.

XIX. And be it further enacted by the authority aforesaid, That all sales by collectors shall be made at the court houses of their respective counties, and at the most public and notorious 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.

XX. And be it further enacted by the authority aforesaid, That whenever any collector shall levy on any property of any defaulter, for any taxes, debts or duties as aforesaid, he shall not put up for sale in any one lot, more than he believes will be sufficient to pay the sum due by such defaulter, together with the charges of legal process; 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.

XXI. And be it further enacted by the authority aforesaid, That whenever any collector shall make sale of any property of any such defaulter, he shall, after deducting so much from the amount sales as will fully satisfy the tax, debt 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.

XXII. And be it further enacted by the authority aforesaid, That all sales of property, real or personal, made for or by reason of, or under pretext of raising money to pay any taxes, debts or duties as aforesaid, contrary to this Act, shall be, and the same are hereby declared to be, null and void.

A. D. 1791.

XXIII. And be it further enacted by the authority aforesaid, That the judges of the county court of Kershaw shall be, and they are hereby, Kershaw. authorized to hold the court for the said county in the district court house, in the town of Camden, at such times as the same may not be required for the use of the superior courts: And the keeper of the goal of Camden district shall be, and he is hereby, authorized and required, to receive into his custody, and safely keep in the goal of the said district, such persons as may be committed to goal by any of the judges of the county court of Kershaw, or by order of the court thereof.

XXIV. And whereas, by the seventh section of an Act, passed on the nineteenth day of February, in the year 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, where 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 aforesaid, that all justices of the peace, where county courts

Jurisdiction of Magistrates.

A. D. 1791.

Recognizan

returned.

Acts relating to Courts.

are not established, shall have the same jurisdiction that justices of the peace have where such county courts are established.

XXV. And whereas, the neglect of justices of the peace in returning recognizances to the several courts of general sessions of the peace, oyer ces, how to be and terminer, assize and general gaol delivery, in due time, hath been productive of much delay and inconvenience in the business of the said court; Be it enacted by the authority aforesaid, That from and after the passing of this Act, all justices of the peace, before whom recognizances of witnesses, defendants or prosecutors, for their respective appearances at any of the said courts, shall be taken, or before whom any information or other paper, returnable to the same, shall be made, shall lodge the said recognizances, informations or papers in the respective clerks's offices of the courts to which they are returnable, on or before the first day appointed for the meeting of the said courts respectively, under pain of forfeiting ten pounds sterling, for every neglect, to be recovered by bill, plaint or information, in the said courts, at the suit of the State and for its use, unless the person so neglecting shall give in to the court, on oath, a good and sufficient excuse for his said neglect.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-one, and in the fifteenth year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

No. 1527. AN ADDITIONAL ACT TO THE ACT ENTITLED "AN ACT TO ESTABLISH A COURT OF EQUITY WITHIN THIS STATE," PASSED THE NINETEENTH DAY OF FEBRUARY, SEVENTEEN HUNDRED AND NINETY ONE.

I. 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 court of Equity shall, in future, be held at Charleston, on the second Monday in each September, instead of the third Monday in that month, as it is now fixed by law; and at Cambridge, for the district of Ninety-Six, Washington and Pinckney, excepting that part of Pinckney district which comprehends York and Chester county, on the twenty-eighth day of April and the twenty-fourth day of November, in each year, instead of the fifth day of May and December, in each year; and shall continue to sit, from day to day, (Sundays excepted,) at Cambridge, for the space. of six days, if the business shall require so long time; and at Columbia, for the district of Camden, as it is now delineated, inclusive of that part of Pinckney district which is comprehended in York and Chester county, Cheraws and Orangeburg, on the sixth day of May and December, in each year, instead of the fifteenth day of May and December, as now established by law; and shall continue to sit, from day to day, until the business ready for hearing be dispatched.

II. And whereas, the inhabitants residing in the remote districts of this State, may be often deprived of the benefit of injunctions issuing out of the court of Equity, to stay proceedings at law, by reason that levies may

Acts relating to Courts.

be made under executions before they can make regular application to the court for such injunction, on account of their distance; for remedy whereof, Be it enacted, That whenever any person shall be dissatisfied with a judgment at law, and shall think himself relievable in Equity, he may, at any time within forty days after the adjournment of the court at which such judgment was obtained, give notice, by himself or his attorney, in writing, to the sheriff of the district with whom execution may be lodged, that he means to file his bill in the court of Equity, praying for a writ of injunction, and shall annex thereto an affidavit of such intent; and such sheriff, on being served with such notice and affidavit, within the said time, whereof he shall make true entry in his books, shall be bound, on receiving security, as hereinafter prescribed, to stay further proceedings on such execution; provided, the said notice and affidavit be served on him before actual sale of the property; and in cases where levies shall have been made on any moveable property, the complainant, on giving bond to the sheriff, with two good surities, to be approved by him, subject to the future approbation of the court, in a sum equal to double the real value of the property so levied on, and conditioned to return in good order to such sheriff the whole of the said property, if the complainant does not procure from the court of Equity, and cause to be served on him, a writ of injunction, within thirty days from the date of such bond, shall be entitled to receive back and retain all such moveable property; and the said complainant shall be bound to proceed and file his bill, and apply for an injunction, according to the rules and practice of the court of Equity, within twenty days after giv. ing such bond to said sheriff: and if no writ of injunction isssuing out of the court of Equity, be served on said sheriff within thirty days after his taking said bond, commanding him to stay proceeding in said suit at law, he shall then proceed to seize, and again take into his possession, said property, and sell the same under the said execution, after giving the legal notice and if the said complainant shall not forthwith surrender and deliver up such property, the said sheriff shall assign the said bond to the plaintiff in the suit, who may commence suit thereon, and proceed to recover from the said defendant at law, and his surities, the amount of the penalty of the said bond, with costs of suit; in which suits no imparlance shall be allowed.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-one, and in the sixteenth year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

A. D. 1791.

AN ACT TO ALTER AND AMEND THE SEVERAL ACTS FOR ESTABLISHING No. 1543. AND REGULATING THE CIRCUIT COURTS THROUGH THIS STATE.

I. 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 to prevent false or erroneous entries in the journals of the courts of common pleas in the said districts, it shall be the duty of the