COURTS, (continued.)

45. An Act for regulating the Courts held by the Associate Judges at the conclu-
sion of their Circuits, and of the Courts of Appeals, held by the Judges of the
Courts of Equity, and for other purposes.

46. An Act to extend the provisions of "An Act to remedy the defects of the
Court of Ordinary, in the several Districts where there are no County Courts,
as to matters and cases in which the Ordinaries of those districts may be res-
pectively interested," passed 17th March, 1789, to all the Circuit Court Districts
throughout the State.....

47. An Act to amend "An Act for regulating the Courts held by the Associate
Judges, at the conclusion of their Circuits, and of the Courts of Appeal, held
by the Judges of the Courts of Equity," passed 21st December, 1811, by chang-
ing the day for holding the Courts; and for other purposes...
48. An Act for appointing an additional Commissioner or Master in Equity for
Charleston... .. .

645

.667

..694

696

697

49. An Act to alter the times of holding the Courts of Common Pleas and Ge-
neral Sessions in Horry District....

50. An Act to establish a Court of Equity for Edgefield District...

719

51. An Act to alter the Southern Circuit, so as to give to the District of Edgefieli
two weeks for the sitting of its Courts, and to alter the time of holding the elec-
tion for Sheriff of Beaufort District.

.722

COURT HOUSES AND GOALS,

1. Governor empowered to appoint Commissioners to repair or re-build the
Court Houses and Goals in the different Districts.....

.77

2. Commissioners appointed to build certain Court Houses..
3. Of certain County Courts, ordered te be sold.....

.236

.466, 467

4. The proceeds, how to be disposed of....

.467

5. Penalty for erecting any building, fence or wall of any kind, or for occupying
or using, &c., any such building, &c, on the Court House lot or square.......597
6. Six months allowed for removing any heretofore erected... .

....597

COUNTY COURT OFFICERS,

1. The Courts being abolished, the Comptroller to pay the officers what is due
them, from the sale of old County Court Houses and Goals..

...467

CRIPPS, JOHN S.

1. Foreign agent, ordered to draw for certain monies in England, and to deposit
the same in the Treasury...

...375

CUMMING, MARY,

1. Authorized to convey a tract of land and to make title....

DARLINGTON,

.99

1. Division line between it andChesterfield to be run out and marked...........480
DEBT, See Public Debt.

DEBT OF THE REVOLUTION,

1. The annual quota of South Carolina, in satisfaction of the debt of the Revo-
lution, to the United States......

DEBTOR AND CREDITOR, See Instalment Law

Executors and Administrators.

1. Where any person, (not a citizen of this State,) has died, or shall die, already
indebted to a citizen of this State, the assets and effects within the same, being
sufficient for the payment of all his debts, shall be liable to discharge the debts
due the citizens of this State, in the same manner as if the same had been li-
quidated by bond or other specialty....

1. Penalty for killing, while fire-hunting..

.12

.86

DEER,

124

2. Penalty for killing Does between 1st March and 1st September...
DE LA HOWE, DR. JOHN, See Agricultural Society of South Carolina.
DEVISE, See Wills and Testaments.

12

DIERSON, BARNEND,

1. Exempted from the operation of the escheat law, as to certain real property
purchased by him before he became a citizen..

DIRECT TAX, See United States Direct Tax.

439

1. Penalties for fighting a duel, or for giving, sending or accepting a challenge, or
being directly or indirectly concerned in a duel, &c. .

.671

2. This Act not to be construed to save the offenders, in case of death, from
the pains and penalties of the law, for the punishment of homicide..........671

DUTIES,

1. Rate of, on wines, liquors, goods, merchandise, negroes, &c.

2. No duties on goods of the growth, produce or manufacture of the United
States..

.........

8. Payment of the transient duty..

.8

.8

7. Goods seized, to be forfeited....

.8

9. Not demanded of the subject of any country in commercial alliance with the
United States.......

.8

12. Duty on goods sold at auction....

14. Days appointed for the sale of goods at vendue..

....

10. Oath to be taken by importers....

11. No entry to be made by Vendue Masters.

13. Duties under £10 to be paid before goods are landed.

15. Oath to be taken by Vendue Masters....

16. Commissioners of the Treasury to keep an account of duties imposed by this
Act.......

17. Clauses of former Acts repealed.....

18. French vessels exempted from infirmary duties..

.8

.10

..10

10

10

.10

11

11

.40

19.

An Act for the entry of vessels, passed 8th October, 1798, repealed..
20. Duties on lands and negroes sold at auction, repealed,..

45

.81, 82

David Campbell allowed to erect a dam across, on certain conditions..
3. Mode of proceeding, in case it is injurious to any one......

.354

.354

EJECTMENT, See Trespass to try Title.

EKELSALE, MARY,

1. Allowed to bring certain slaves into the State from the Bahamas....
ELECTIONS,

1. On an election by the Legislature for Attorney General, Solicitors, Tax-Col-
lectors, Ordinaries, Clerks of Courts, Registers, Master and Commissioners in
Equity, Commissioners of Location, and Register of Mesne Conveyances, a
majority of all the votes given on such joint ballot, shall be necessary to consti-
tute an election.....

2. For members of the Legislature. See Legislature.

3. For members from St. Johns, Colleton. See St. Johns, Colleton.

4. For members of Congress. See Congress, United States.

5. For electors of President and Vice President of United States. See Electors
ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF UNITED STATES,
1. How and when electors for President shall be appointed....
Oath....

2.

.507

..674

..86

86

ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF U. STATES, (continued.)
3. Electors for President and Vice President appointed by ballot on the Tuesday
preceding the first Wednesday in December, in every fourth year, at Colum-
bia, by the Legislature which shall be then existing, or by such as attend as
members that day..

4. Oath of electors...

ELLIS, WILLIAM WASHINGTON BRAY,

1. His name changed to that of William Washington Eltis......

202

..203

.....702

2. Rendered capable of taking by descent, &c., from his parents, as if born in
wedlock...
ENGLISH, JOHN,

.702

1. Invested with so much of his father's estate as remains undisposed of by the
Commissioners of confiscated estastes......

.367

ENORFE RIVER,

1. Obstructions to passage of fish to be removed as high as Reuben Guris's
mill.....

.509

2. Penalty for not removing obstructions..

.509

3. Commissioners to superintend slopes and sluices. Their Powers.

..509

EPISCOPAL CHURCH,

1. A tract of land vested in Episcopal Church of Edisto Island, saving the rights
of others....

.......573

2. The Episcopal Church of Georgetown, authorized to draw one or more lot-
teries for the benefit of the Church....

...601

ESCHEATS AND ESCHEATORS, See Marion Academy Society.

1. Escheators appointed for each District, who are to take oath and give bond...46
2. Duties of the Escheator

..47

3. Lands, name of the person last seized, and supposed time of his death, and
part of the world in which he was supposed to be born, to be advertised six
months, and no claimant appearing in one year, to be escheated...

8. Any one appearing in five years and proving good title, on issue tried, forth-
with to receive adequate compensation....

.47

......

9. Privileges of claimants.

.47

10. The State not precluded by possession, grant, conveyance, or any other cause
or title, from making inquest, &c., of lands heretofore escheated, by the death
of the person last seized.............

48

11. No lands claimed under grant, or under actual possession for five years before
4th July, 1776, effected by this Act.......

.48

12. Personal estate to which there is no heir, in the hands of an executor or ad-
ministrator, shall be advertised, and revert to the State...

.48

13. Three years allowed, after disability removed, to infants, feme-coverts, lunat-
ics, or persons beyond the limits of the United States........
14. Escheator allowed 2 per cent. and his costs and charges, where persons
shall appear and prove title after office found.....

.48

.48

15. Penalty on escheators for misconduct and fraudulent practices....
16. This Act to operate on all estates of a person dying without an heir, or for-
feited for treason, or otherwise become divested by operation of law, without
leaving any legal representative.....

17. Property of persons convicted of felony, shall not be forfeited, but shall de-
scend to their legal representatives......

18. Law not to operate where there are heirs of the half blood, or on lands of
the wife, who leaves no heirs; the half blood and the husband and his descen-
dants, or others claiming under him or them, entitled to the same.......
19. No lands to be sold previous to the 26th March, 1791, where the inheritance
shall appear, on inquisition, to belong to an alien...

.49

....49

......49

20. This Act not to contravene any treaty or agreement between the United
States and any foreign power, on the subject of descents and inheritances.....49

ESCHEATS AND ESCHEATORS, (continued.)

21. No member of the legislature to be an escheator....

.49

22. Escheators not allowed to purchase escheated estates, under penalty of five
thonsand pounds.....

.49

.....

23. Commissioners appointed for each District to report to the Legislature such
lands as have escheated......

.236

24. Escheated property in Clarendon, not exceeding $10,000, vested in "the
Trustees of Public School of the Clarendon Orphan Society.".

..337

25. Escheated property in Orangeburgh, not exceeding twenty thousand dollars,
vested in "the Trustees for establishing Public Schools in Orangeburgh.”...

..339

29. In the District of Williamsburgh, vested in the Trustees of the Williamsburgh
Academy.....

365

30. Their powers and duties.....

..365

31. In Colleton, vested in Trustees for a School..
32. Powers and duties of Trustees...

..365

.365

33. In St. Philips and St. Michael's, vested in the City Council of Charleston,
for the benefit of the Orphan House......
34. In York, Chester and Union, vested in the Trustees of Alexandria College....364
35. Their powers and duties.......

.364, 365

36. Where the State has ceded to any body politic escheated property, such
corporation shall nominate and appoint an escheator, who shall be commission-
ed by the Governor.....

.......507

37. Escheators so appointed, shall not execute the duties by deputy, but vested
with all powers....

38. Escheator of Colleton to give bond and surety for two thousand dollars. The
bond to be given as heretofore.....

5. Magistrate to issue his warrant to three disinterested residents, to ascertain the
value of the estray, &c., and to give certificate thereof.......
6. Certificate to be sent to the Clerk of the Court, who shall affix a copy on the
door of the Court House, at the next Court...

7. Proceedings, if no owner shall appear..

8. How to proceed if valuation exceed ten pounds.

9. No stone horse to run at large......

15. Bonds given for estrays recoverable without an imparlance..
16. Act of 27th March, 1787, "concerning Estrays," repealed..
17. Hogs, sheep, neat cattle or goats, shall be appraized at the place taken up.....465
18. Certificate of appraizement to contain an accurate description of the colour,
size, age, brands and marks of said estray..

19. Magistrate shall enter the certificate at large in his toll-book....
20. Duplicate of the certificate shall be sent to the Clerk of the Court of the Dis-
trict, except for Charleston and Beaufort, who shall enter it at large, in a book
kept for the purpose, subject to the examination of any person..

23. But in case of horses, asses and mules, besides the above notice, it shall be
advertized in the Gazette nearest the place where taken up..

.465

24. Fee to printer for same......

466

ESTRAYS, (continued.)

25. Compensation to Magistrates and Constables...

26. Estrays may be put to moderate labour, as a compensation for keeping the

same.......

27. Penalty for not pursuing the directions of this Act.
EVIDENCE,

1. Judges may empower Commissioners to examine witnesses without the lim-
its of the State, or persons who cannot attend Court by reason of such sick-
ness or infirmity as totally incapacitates such witness from travelling in order
to appear in Court....

2. Such sickness, &c., to be proved before the Judge, by a certificate of some
disinterested, reputable person..

3. Ten days notice to be given to the opposite party..

466

466

466

...45

4. No foreign testimonial, probate, certificate, or other instrument under the seal
of any foreign Court of law, notary, or other magistrate, or person qualified to
give the same, shall be received in evidence in the Courts of this State, unless
it shall appear that the Courts of such foreign State receive in evidence similar
certificates, &c., from this State....

5. Witness is obliged to attend and give evidence on Commission from other
States....

6. Judge shall order subpoena to be issued....

8. Allowed 4s. and 8d. for every day of necessary absence from home, and his
ferriages...

45

.45

......45

.248

.248

248

..249

.249

10. Commissioners not to give up Commission till it is paid..

248

11. Penalty for neglecting to obey subpœna, or refusing to answer,

249

12. Commissioners not to commit, but must be done by Superior Court, on appli-
cation to that effect.......

.249

9. To be paid by party obtaining Commission....

13. Where Commission is issued in this State to examine a witness here, the
Court issuing the Commission may also issue a subpoena, to be served in the
same way. The witness to have same pay and liable to the same penalties as
in case of a Commission from abroad.

.249

14. Where the witness is unable to leave home by reason of age, infirmity or sick-
ness, then he may be attended by the Commissioners....

16. Justices of the Peace, in cases before them, may summon witnesses.
17 Not compelled to go more than twenty miles from home....
18. Must be served 3 days... .. .. .

19. Witness refusing to attend or to give evidence, may be punished, on applica-
tion to the Circuit Court, as in cases of Commission, besides liable to damages
to the party.....

..250

20. The irregular proceedings of the late County Courts valid in law, and a tran-
script of their minutes may be given in evidence in Courts of Law or Equity.381
21. Such transcript to be certified under the hand and sworn to by the person hav-
ing them in charge since the abolition of the Courts..

.411

.38!
22. Copies of entries from the Treasury books, certified by the Comptroller, to
be as good evidence in the Courts as the original books....
23. The signature to a bond or note may be proved by others than the subscribing
witness, unless the defendant will swear that it is not his signature, or if he be
an Executor or Administrator, that it is not that of his testator or intestate......435
24. Office copies of grants of this State or North Carolina, may be given in evi-
dence, provided the person offering to produce the office copy, swear that the
original is lost, destroyed, or out of his power to produce, and that he has not
destroyed, mislaid, or in any way willingly, previous to that time, put it out
of his power to produce, with an intention to produce an office copy...........459
25. Prisoner may be brought into Court to give his evidence, by order of the
Court, without a habeas corpus, and after his evidence has been taken, shall be
remanded to the custody of the officer having him in keeping....

...571