prisoner shall be brought, shall order an assignment of the prisoner's estate and effects, mentioned in the schedule, to be made to the plaintiff, subject nevertheless to all prior encumbrances; whereupon the creditor may take possession, and, if necessary, sue in his or her own name for the recovery thereof, and the prisoner shall be discharged from confinement; but if the plaintiff shall show cause for disbelieving the prisoner's oath or affirmation, or shall desire further time for information, the judge, justice or commissioner of special bail, as the case may be, shall have power to remand the prisoner, and appoint another day for his or her appearance; and if, on the second day, the plaintiff shall not appear, or shall be unable to prove that the prisoner's oath or affirmation ought to be disbelieved, the judge, justice or commissioner of special bail as aforesaid, after assignment made in manner above directed, shall discharge the prisoner. A. D. 1788. be visible. V. And be it further enacted by the authority aforesaid, That the property mentioned in said schedule must be visible property, if the prisoner is Property must possessed of any such, but if he or she is not, choses in action must be mentioned, with the names and places of abode of the witnesses thereto; and if the property mentioned in the schedule should prove deficient, any other property that the prisoner may have, or hereafter acquire, shall be liable for the demand for which he or she is confined, act. VI. And be it further enacted by the authority aforesaid, That if any person confined on mesne process in any civil action, or on execution, Persons deliv(provided the person on execution has not been in actual confinement ering up their estates, to have above forty days,) be determined to deliver up all his or her estate and the benefit of effects, and to take the benefit of the Act for the more effectual relief of the insolvent insolvent debtors, passed the seventh day of April, one thousand seven hundred and fifty-nine, he or she shall have the benefit of the said Act, although he or she may have given bail to the action, or not surrendered him or herself within ten days after the arrest, or not presented a petition within forty days after confinement, or not been actually confined three months, provided he or she comply with the other requisites of the said Act, and that the justices of the court from whence the process issued against such person shall be satisfied that he or she hath rendered a just and fair account of his or her estate; and in cases where such application shall be made by persons in confinement, on process issued from the court of common pleas to the sheriffs of the circuit court districts, such persons may make such surrender of his estate and effects to the three nearest justices of the peace, who shall receive and transmit such schedule to the clerk of the court of common pleas, without delay. VII. And be it further enacted by the authority aforesaid, That any prisoner committed on execution aforesaid who shall not give in such Prisoner not schedule, agreeable to the tenor of his or her bond, shall not be any dule to bond giving in schelonger entitled to the benefit of the prison rules, but his bond shall be for- not entitled to feited and assigned to the plaintiff; nor shall any prisoner be discharged bounds, &c. without fully satisfying the action or execution on which he or she is confined, if, since his or her confinement, and before he or she gave security as aforesaid, he or she has been seen without the prison walls, or if, since his or her giving security, he or she has been seen without the prison rules, without being legally authorised so to be, or shall have spent more than two shillings and six pence a day, or if he or she is confined on account of wilful maihem, or wilful and malicious trespass, or for voluntary or permissive waste or damage done to the freehold, or who shall have, within three months before his or her confinement, or at any time since, paid or assigned his estate, or any part thereof, to one creditor in preference to another, or fraudulently sold, conveyed or assigned his estate, to defraud A.D. 1788. his creditors; but wherever a prisoner shall be accused by the plaintiff or his agent of fraud, or his having given an undue preference to one creditor, to the prejudice of the plaintiff, or of having made a false return, or of having gone without the prison walls, or prison rules, as the case may be, it shall be lawful for the judge or justice before whom the prisoner is brought to direct a jury to be impannelled and sworn to determine the fact. Prisoners permitted to go out sheriff, deemed an escape. VIII. And be it further enacted by the authority aforesaid, That if any sheriff or his deputy shall permit any prisoner committed to his custody as of bounds by aforesaid, to go or be without the prison walls, if such prisoner has not given the security required by this Act—and if such security has been given, if any sheriff or his deputy shall suffer such prisoner to go or be at large out of the rules of the prison, (except by some writ of habeas corpus or rule of court, which rule shall not be granted but by motion in open court)-every such going and being out of the prison and rules, as the case may be, shall be adjudged and deemed, and is hereby declared to be, an to show prison escape. IX. And be it further enacted by the authority aforesaid, That if any Sheriff refusing sheriff or his deputy shall, after one day's notice in writing given for that er, adjudged an purpose, refuse to shew any prisoner committed to his charge to the plaintiff at whose suit such prisoner was committed, or to his attorney, such refusal shall be adjudged to be an escape. escape. Penalty for false schedules. Upon an escape plaintiff may proceed against defendant, &c. X. And be it further enacted by the authority aforesaid, That any person who shall deliver in a false schedule of his effects shall suffer the penalties of wilful perjury, shall be liable to be arrested again for the action or execution on which he was discharged, and shall forever be disabled to take any benefit from this Act, and from the Act for the more effectual relief of insolvent debtors, passed the seventh day of April, one thousand seven hundred and fifty-nine. XI. And be it further enacted by the authority aforesaid, That upon an escape the plaintiff may either proceed against the defendant to retake him, or against his security, or, in case the security should prove deficient, against the sheriff, who shall be ultimately answerable in damages for such escape; and the court of common pleas is hereby authorised and required to make all necessary rules and orders for the effectual carrying into execution this Act, according to the true intent and meaning of the same. XII. And be it further enacted by the authority aforesaid, That the said Act entitled "An Act for the more effectual relief of insolvent debtors," passed the seventh day of April, one thousand seven hundred and fiftynine, shall be deemed to be of full force in all matters wherein it is not repugnant to this Act; and that an Act entitled "An Act to alter and amend an Act for the more effectual relief of insolvent debtors," passed the eleventh day of March, one thousand seven hundred and eighty-six, be, and the same is hereby, repealed; In the Senate, Friday, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. A. D. 1788. AN ACT to establish a Company for opening the Navigation of Broad No. 1419. and Pacolet Rivers. (Passed February 29, 1788. See last volume.) AN ORDINANCE TO EMPOWER THE HEIRS OF ISAAC MAZYCK TO PAY TO No. 1420. AS SHALL BE AGREED ON BY THEM, IN LIEU OF A LEGACY BEQUEATHED WHEREAS, Isaac Mazyck did, by his last will and testament, bequeath to the French Protestant church of the city of Charleston the Preamble. interest annually arising out of one hundred pounds, to be paid by his heirs and assigns: and whereas, the collecting the said annual interest from the numerous heirs of the said Isaac Mazyck, is attended with considerable trouble and inconvenience; I. Be it therefore ordained, 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 heirs of the said Isaac Mazyck be, and Heirs of Isaac they are hereby, authorized and empowered to pay to the elders of Mazyck to pay a sum of money the said French church such sum of money as shall be agreed on by the to the French heirs of the said Isaac Mazyck and the said elders, in lieu of the annual Church. interest arising as aforesaid out of the said sum of one hundred pounds; such sum, when received, to be applied by the said elders to the improvement of the revenues of the said French church. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. AN ORDINANCE FOR REPEALING SO MUCH OF THE ORDINANCES PASSED No. 1421. Part of two I. Be it ordained, by the honorable the Senate and House of Representatives, now met in General Assembly, and by the authority of the same, former OrdinThat so much of the Ordinances passed on the sixteenth day of March, in ances repealed. the year of our Lord one thousand seven hundred and eighty-three, and the seventeenth day of March, one thousand seven hundred and eighty VOL. V.-11. A. D. 1788. five, as imposed duties on lands and negroes to be sold at public auction, be, and the same are hereby, repealed. II. And be it further ordained by the authority aforesaid, That the venVendue duty due duty on the sale of the glebe land late belonging to the Independent Church in Christ Church Parish, in February, one thousand seven hundred and eighty-seven, be, and the same is hereby, remitted. remitted. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1422. AN ORDINANCE TO ENTITLE THE ELECTORS AND MEMBERS OF THE STATE CONVENTION TO PRIVILEGE DURING THEIR ATTENDANCE. Privilege of electors and I. Be it ordained, 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 members of the Convention to assemble in May next in the city of Charleston, for the purpose of considering the Federal Constimembers of the tution, referred to them, and all persons entitled to vote for the said members, shall enjoy the same privileges as are enjoyed by the electors and members of the General Assembly; any law, usage or custom to the contrary notwithstanding. Convention. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1423. AN ORDINANCE TO REMOVE OBSTRUCTIONS TO THE PASSAGE OF FISH UP REEDY RIVER, AS FAR AS THE TUMBLING SHOALS. I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sttting in General Assembly, and by the authority of the same, That every person who hath or may have erected any mill dams or fish dams across Reedy river, between the mouth thereof and the Tumbling Shoals, shall, by the first day of April next after the passing this Ordinance, provide a good and sufficient slope, eight feet wide, for the passage of fish; and upon neglect thereof shall forfeit and pay to any person who shall inform and sue for the same the sum of twenty shillings, for every every week which such obstructions shall continue after the time afore- A. D. 1788. said. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. AN ORDINANCE for Ratifying and Confirming a Convention between No. 1424. the States of South Carolina and Georgia, concluded at Beaufort, in the State of South Carolina, on the twenty-eighth day of April, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of Ame rica. (Passed February 29, 1788. Published in vol. 1, p. 411.) AN ORDINANCE FOR HOLDING THE COURTS OF COMMON PLEAS, AND No. 1425. GENERAL SESSIONS, AND CHANCERY, FOR THE DISTRICT OF CHARLESTON, IN SOME CONVENIENT PLACE, UNTIL THE COURT-HOUSE FOR CHARLES TON DISTRICT BE FINISHED. held temporarily in the Ex I. Be it ordained by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of Courts to be the same, That until the court-house for the district of Charleston shall be made fit for holding the courts of common pleas, general sessions, and change. chancery, it shall be lawful to hold the said courts in the Exchange, or some other place within the city. And in case any court-house shall hereafter be destroyed, it shall be lawful to hold the court in some other convenient place in Charleston, or the vicinage thereof. In the Senate, Tuesday, the fourteenth day of October, in the year of our Lord one thousand seven hundred and eighty-eight, and in the thirteenth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. |