The references to cases under Title in the Indices to the common law reports, contain decisions worth consulting on this head. No. 709, p. 616. An Act for the better securing the payment and the more easy recovery, &c. Attachment Act. See the Insolvent Debtors Act of 7 Ap. 1759, Sect. 16, &c.; Act of 12 March 1783, amendatory of the present Act; County Court Act of 22 March, 1785, Sect. 6 and 7; Attachment Act of 27 Feb. 1788; County Court Act of 29 Feb. 1788, Sect. 7; Supplementary Act to establish a system of Judicature, Sect. 7, 21 Dec. 1799; Pamphlet Acts of 1831, p. 32; Blakely v. Bradford, 1 Bay. 355; Kennedy v. Raguet, ib. 477; Callahan v. Hallowell, 2 Bay, 8; Fabre v. Bower, ib. 124; Sheffler v. Garriscan et al. ib. 224; Mathis v. Clark, Mills's Rep. 456; Crocker et al. v. Ratcliffe, Tread. Rep. 83; Creagh v. Delane, 1 Nott & M'Cord, 190; M'Kenzie v. Buchan, ib. 206; Leech v. Thomas, 2 Nott & M'Cord, 110; Boyd v. Boyd, ib. 125; Havis v. Trapp, ib. 130; Degnen v. Wheeler & Co. ib. 323; Durant v. Staggers, ib. 488; Richardson v. Loreck, 1 M'Cord, 185; Foster v. Jones, ib. 116; Forrester v. Creditors of Guerrineau, ib. 304; Shrewsbury v. Pearson, ib. 331, see note to p. 332; Richardson v. Whitfield, ib. 403; Gone and Dunnivant v. McDaniel, ib. 480; Roberts v. Brown, ib. 448; Haygood v. Hunter, ib. 511; Turner v. McDaniel, ib. 552; Tolman v. Thompson, 2 M'Cord, 43; Tavel v. Barre, ib. 201; Boyer v. Owens, ib. 208; Gracy & Co. v. Coates, ib. 224; Schutzill & Co. v. Bolton, ib. 478; Schutzill & Co. v. Bolton, 3 M'Cord, 33; Martin v. Thompson, ib. 167; Kincaid v. Neal, ib. 201; Ohors v. Hill, ib. 338; Cummerford v. Hall, ib. 345; Fife & Co. v. Clarke, ib. 347; Crocker & Hitchborn v. Ratcliffe, ib. 351; Robinson v. Crowder, Clough & Co. 4 M'Cord, 519; Robinson v. Crowder, Clough & Co. 1 Bail. 185; West v. Tupper & Kimball, ib. 193; Green v. McDonell, ib. 304,; Westmoreland v. Tippens, ib. 514; Kincaid v. Blake, ib. 20; McBride v. Floyd, 2 Bail. 209; Vann v. Frederick, ib 303; Gaffney v. Bradford, ib. 441; Callender & Co. v. Duncan, ib. 454; Green v. Mowry, ib. 163; Pringle v. Carter, 1 Hill's Law Rep. 53; Martin v. Parham, ib. 213; Chambers et al. v. M'Kee, ib. 229; Young v. Young, 2 Hill's Law, Rep. 425; Smith v. Posey, ib. 471; Blake v. Hawkes, ib. 631; 1 Harp. 125. No. 713, p. 630. An Act concerning Jurors and Juries, &c. See the preceding Acts in this volume, and the notes thereto, on Jurors and Juries. No. 717, p. 640. An Act for the relief of Insolvent Debtors, &c. For references to the head of Insolvent Debtors, see the Insolvent Debtors Act of 1759. No. 725, p. 647. Act to prevent the further spreading of infectious disorders among cattle, &c. This subject requires a permanent Act. No. 730, p. 656. An Act for enlarging the qualifications of Electers, Sr. See notes to No. 446, p. 135 of this volume; also Act No. 746. No. 734, p. 662. An additional and explanatory Act for the relief of Insolvent Debtors, &c. See notes to the Insolvent Debtors Act of 1759. No. 735, p. 666. An Act to direct executors and administrators, &c. No. 742, p. 681. An Act for the better establishing and regulating of Patrols, &c. See vol. 2 of this work, 254; see Act for the better governing of white servants, 29 May, 1744, Sect. 29, exempting them from patrol duty; see Act respecting slaves, 29 Dec. 1800; and Act of 17 Dec. 1803, on the same subject; Act of 1807, Pamphlet Laws, p. 17; Act of 1808, Pamphlet Laws, p. 53; Act of 1809, Pamphlet Laws, p. 37; Pamphlet Laws of Sep. Session, 1813, p. 9; Pamphlet Laws of 1819, p. 29 to 33; Pamphlet Laws of 1823, p. 52; Pamphlet Laws of 1835, p. 43. See CASES-Graham v. Bell, 1 Nott & M'C. 280; The State v. Cole, 2 M'C. 1, 117; Porteous v. Hazel and Jenkins, 1 Harp. 332; The State v. Martindale, 1 Bail. 163; The State v. Castles, 2 Hill's Law Cases, 617. The present Act, No. 742, was perpetuated by revival Act of 1783. No. 762, p. 706. See Acs No. 426 on the same subject; Acts 1837, p. 37. No. 763. An Act for empowering persons to appoint Guardians, &c. The second Section of the present Act, (No. 763) is copied from 12 Ch. 2, ch. 24; Grimke observes that the Act of Ch. 2, has the word tuition instead of direction, as inserted in this second clause of our Act. But the civil law meaning of tuition, includes direction. On the 3rd Section of this Act, see J. Brown and wife v. Hugh M’Mullin and others, 1 Nott & M'Cord, 252. See an Act to direct executors and administrators, &c. 25 May, 1745, Sect. 6 and 12, and in connection with it the Act of 17 Feb. 1789; Act for the more effectual discovery of the death of persons, &c. 6 Ann, c. 18, A. D. 1707; also the Judicature Act of 21 Dec. 1799, Sect. 37; also an Act to alter and amend an Act concerning negroes and persons of color, 18 Dec. 1802, Sect. last; Pamphlet Act of 1808, p. 48; Pamphlet Acts of 1822, p. 13; Pamphlet Acts of 1824, p. 21. See CASES-Kidd v. Mitchell, 1 Nott & M'Cord, 339; Darby v. Anderson, ib. 373; Barns v. Branch, 3 M'Cord, 19; Ordinary v. Maddox, ib. 237; Harrington v. Cole, ib. 209; James v. Wallace, 4 M'Cord, 121; Somerall v. Gibbes, 4 M'Cord, 547; Mitchell v. Conelly, 1 Bail. 203; Crymes v. Day, ib. 320; Tucker v. M'Kee, ib. 344; Roche v. Chaplin, ib. 419; Bomar v. Wilson, ib. 461; Tomkins v. Tomkins, ib. 92; Guardian ad litem, 2 Bail. 461, Edwards v. Ford; Edmonds v. Davis, 1 Hill's Law Cases, 279; Davis v. Rhame, 1 M'C's. Ch. Rep. 191; M'Dowell v. Caldwell, 2 M'Cord Ch. Rep. 68; Howard v. Faber, ib. 446; Ex parte, De Graffenreid, 2 Harper, 107; Ex parte, Heard, 2 Hill's Ch. Ca. 55; Ex parte, Martin, ib. 71; Adm'rs. of Johnson v. Ex'rs. of Johnson, ib. 285; Harley et ux. v. De Witt, ib. 370; Messervey et al. v. Barelli, ib. 567; Jordan v. Hunt, ib. 145; Smith v. Smith, ib. 112; Massey v. Massey et al. ib. 496; Ex parte, Smith, 1 Hill's Ch. Ca. 141; Capeheart et al. v. Adm'rs. of Huey, ib. 400. No. 771. An Act to prevent the spreading of infectious and contagious distempers in Charleston. I have inserted this among the general Acts, because the subject matter is not confined to Charleston. See Act No. 433, and the note thereto; also Act No. 651, as to the small pox; Act No. 803, p. 771, post; Act of 26 March, 1784, compared with Act of 19 March, 1785; Act of 19 Dec. 1796; Resolution of 19 Dec. 1793, to appoint port physicians. Pamphlet Laws of 1809, p. 47. No. 779, p. 724. See notes to the Insolvent Debtors Act of 1759. No. 784. An Act for the prevention and suppression of private Lotteries. See Act of 13 Sep. 1762; Act of 17 Dec. 1794, and Pamphlet Laws for 1809, p. 51, establishing certain lotteries, and Act of 12 Dec. 1795, for like purpose; Pamphlet Laws, 1809, p. 54, establishing a lottery for the benefit of the Presbyterian Church at Charleston. See also Pamphlet Laws, 1810, p. 58; Pamphlet Laws, 1812, p. 45; Pamphlet Laws, 1814, p. 65; Pamphlet Laws, 1815, p. 58. Pamphlet Laws, 1816, p. 31; Pamphlet Laws, 1818, p. 52; Pamphlet Laws, 1819, p. 54; Pamphlet Laws, 1820, p. 15; Pamphlet Laws, 1829, p. 5; Pamphlet laws, 1731, p. 52; Pamphlet Laws, 1836, p. 37. Quere-if any sufficient motive can be assigned to justify the legislative permission of public gambling? The general sentiment is at present hostile as much to Lotteries as to Faro Tables; and the day is not far distant when legislative protection will be afforded to the regular pursuits of honest industry alone. No. 779. Act relating to Insolvent Debtors. See Act of 1759 on this subject. No. 783. See the note on the Jury Acts, ante, p. 786. No. 803. To prevent the spreading of contagious disorders. See the notes to No. 651 and 771; see also p. 773 of this volume. No. 807. An Act for the better preventing excessive and deceitful Gaming. See v. 2 of this work, p. 5, 17, 565, 749; see Sect. 8 of the Insolvent Debtors Act of 1759; Act of 13 Sep. 1752, suppressing private Lotteries; Acts against gaming and swindling, 19 Feb. 1791, and 18 Dec. 1802; Pamphlet Laws, 1816, p. 7. END OF THE NOTES. Inder, TO THE SUBJECT MATTER OF THE ACTS OF ASSEMMBLY CONTAINED IN THIS VOLUME. REMARKS.-This volume contains 782 pages of text; commencing A. D. 1717, and ending at the year 1753, exclusive; the number of the last Act of 1752, being 809. Grimke's public Laws down to the commencement of 1753, ends at page 229 of his volume, and Act No. 830 of his numeration. His volume ends at an Ordinance of 20th January, 1790, No. 1508. The Index of the present volume, therefore, leaves many titles necessarily incomplete, which are comparatively full in Grimke. I have referred to the Acts not comprized in the present volume, to which Grimke's Index relates. Volume 4, will probably contain them. The great proportion of Acts in this volume, are temporary Acts; limited to various durations from one to seven years. A full Index for Acts of this limited description, would not lead, but mislead. The custom was, anterior to our revolution, to pass occasional Acts to repeal, revive, continue, or alter such Acts of Assembly as seemed to require this supervisory regulation. A table or catalogue will be given at the end of the 4th volume, of all the Acts of Assembly that have been thus expressly repealed, revived, or continued, from the year 1682, to the close of that volume; which I hope to finish in November next. After the enactment of the Constitution, the Acts of Assembly assumed a more permanent character, and a great proportion of those Acts remain in force to this day. But it is manifest, that no full and satisfactory Index can be drawn up for each volume, in the present state of this work. This most essential labor can only be completed when all the Acts comprized in the body of the work are fully printed. That Index will comprize the body of existing law, as enacted by the Legislature. In mean time, I have given a full Index to the contents of such Acts in the present volume, as appeared to me to require it, with references to the same subjects in the legislation of the succeeding volume, and as far as the year 1790, when Grimke's volume of public Laws ends. These references will be comprized in the succeeding volume, which will contain the Acts to which they relate; but the repetition can do no harm, and I have thought the trouble usefully applied to facilitate present consultation. The notes to this volume are too few to require a separate Index, and I have therefore referred to them at the end of each corresponding title in this general Index. See Act February 17, 1716-7. See also, County Court Act. March 27, 1785, of Ejectment. See note to No. 707. ADMINISTRATOR. Who the Ordinary may appoint... benefit and charge of one... .. . . against fraudulent administrators....... See vol. 2. Unexpired service of an apprentice, assets in the hands of administrator....544 See also, Act of March 13, 1789, concerning probates. Shall not take any part of the estate of the appraisement.. If principal creditor, he shall act as trustee for all the rest...... 666 .666 .667 ..667 ..668 See Act for reviving and amending several Acts, &c. March 28, 1778. Sec. APPRENTICE. Poor children may be bound. See vol. 2, p. 593. to serve if males, till 21; if females, till 18. Indentures, how to be executed.... may be transferred... their unexpired time is assets. may complain to two Justices.. 668 .....117 .544 .544 545 545 .545 their masters may appeal to the Judges.. ..545 ARRESTS. Vexatious, see Index of vol 2. See also, the 16th section of the Act for estab- ASSEMBLY. See Elections. ATTACHMENT. Personal property of an absent debtor, may be attached.... .617 person in possession, shall shew cause why it is not attachable as the absent ..617 duty of the sheriff, where no one is in possession..... .617 person in possession shall discover on oath, what money, &c. of the absent ....617 in case of refusal, execution to go against his own goods.. ..617 ...617 ...618 property discharged, if creditor assents: if not, the case shall go to a jury......618 If no wife or attorney, notice shall be advertized every three months.. if absentee returns and puts in bail within a year and a day, money may be .680 absentee may recover damages and costs.. ..620 property of a person giving a month's notice in the Gazette of his design to leave the State, not attachable... ..620 |