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The succeeding part of the work will be appropriated to acts of a public character, passed by our Provincial and State Assemblies, and will be strictly LEGISLATIVE, comprising (for reasons above given) the acts repealed and not repealed ; the acts presumed, but not expressly declared by the Legislature to be obsolete ; and those that are undoubtedly in force. These will be accompanied with notes and references to acts of Assembly, and to reported cases decided in the Courts of our own State. The Index will be made up during the printing of the sheets, as is usual, because the paging cannot be inserted before.
When this edition of the Statutes at large of our own State, on the plan now proposed, shall be completed with a separate Index to each volume, the Editor contemplates making up a full general Index of all the Laws of a public nature that have been enacted; arranged under appropriate heads, and comprising a digested summary or code of the Statute Law of the State as it stands; and this will complete the work so far as the views of the Legislature appear to extend. · Indeed, the main object in view with many persons at the present time, is a full and accurate digested INDEX of all our statutory enactments— an Index that may serve as a Code and Manual of our Statute Law, for popular use. It is certainly desirable that such a work should be undertaken and acccomplished; and I propose this as part of the duty I have myself undertaken. But such has been our irregular and miscellaneous Legislation, and so many are the acts and parts of acts that have relation to one and the same subject, intermingled with other matter in clauses and places so unlooked for and unexpected to the generality of persons who consult our acts of Assembly (as will be apparent from the notes and references even now presented) that I assert without fear of contradiction, such a digested Index or Code cannot be prudently attempted, until the present edition of the Statutes at large, with the notes and references accompanying it, shall have been completed. This edition such as I propose to make it, will be of absolute necessity as a foundation whereon to build the more brief and popular compilation desired. With all the aids that can be furnished, a very difficult and laborious work it will prove to be; and it should not be commenced, till all those aids are actually afforded, so that the compiler may have the whole ground before him.
This Prospectus is respectfully submitted to his Excellency the Governor, with a request that if he should approve the suggestion, it may undergo the examination of the Committee of the Legislature, to report how much of this plan shall be adopted or rejected, and how, and in what size the work shall be printed, and by whom.
The Editor submits whether the numerous Laws referable to the following heads, would not be more conveniently collected to form a volume by themselves at the close of the work, viz:
The series of Laws concerning Supplies and Appropriations. These should not be left out, because it is satisfactory to know the manner in which supplies have been raised from time to time, the objects upon which the public money has been expended, and how much each has cost. These items will undoubtedly come in aid of future legislation, and form a necessary part of our legislative history.
The laws concerning Roads, Rivers, Bridges, Ferries, Canals, and Rail Roads.
The Series of laws respecting Incorporated Societies.
The series of laws relating to the arrangement of Circuits, Circuit Courts, Courts of Common Pleas and Quarter Session, Courts of Equity, Constitutional Courts, and Courts of Appeal.
Each of the preceding classes comprises so many laws, that if they be dispersed through the volumes chronologically, a reference to them, even with the aid of an index, will be extremely troublesome, and laborious. If they be collected together, and each class arranged according to the order of date when each law was passed, the convenience of consultation and desirable accuracy, will be greatly facilitated.
All which is respectfully submitted, by
THOMAS COOPER, M.D. L.L.D.
December 9th, 1835.
; THE COMMITTEE ON THE JUDICIARY, to whom was referred that part of the Governor's Message, which respected his proceedings under the Resolution adopted at the last session of the Legislature, authorizing a Digest of the Statutes to be prepared, beg leave to
ᎡEᏢ0ᎡᎢ , That they have examined, with all the care which their time permitted, the materials prepared by Dr. Cooper for the work in which he is engaged, and the plan which he purposes to adopt in its prosecution ; they are not only satisfied with the laborious research and sound judgment which are exhibited, but they cannot doubt if he is enabled to fill up the outlines which have been presented, the work will be of inestimable utility to the public, and form a lasting monument to the learning and ability of this distinguished jurist.
The Committee recommend that the Digest be completed on the plan submitted by Dr. Cooper, in his preface, commencing with the legislative records in 1682, and that the work be published by him with the aid and counsel of two gentlemen to be appointed by the Legislature.
As the Committee regard it as of the last importance to secure the entire intellectual powers of Dr. Cooper, and as the proposed work requires much and severe manual labour, they recommend that he be permitted to employ a clerk, to whom the salary of five hundred dollars shall be allowed for his services.
They also recommend that the suggestion of the Governor be adopted as to the salary to be paid to Dr. Cooper while engaged in the prosecution of the work. Respectfully submitted,
B. F. DUNKIN, Chairman.
The above Report was unanimously adopted by both Houses of the Legislature.
INTRODUCTION TO THE PROVINCE LAWS
His late Majesty King Charles the Second, by his royal Charter, bearing. Trott's date at Westminster, the twentieth day of March, in the fifteenth year of IntroDUCTION his reign, Anno Domini 1662-3,* did give and grant unto Edward, Earl of Clarendon, George, Duke of Albermarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Knt. and Bart. Sir William Berkley, Knight, and Sir John Colleton, Knight and Baronet, a large territory or tract of ground in America, bounded within 36 and 31 degrees of Northern Latitude, and West in a direct line as far as the South Seas, as in the said Charter (a) is more particularly set forth: Which said territory or tract of ground, was by his said Majesty in the said Charter (b) erected into a Province, by the name of the Province of Carolina, and they, the said Edward, Earl of Clarendon, George, Duke of Albemarle, William Lord Craven, John Lord Berkeley, Antony Lord Ashley, Sir George Carterett, Sir William Berkeley, and Sir John Colleton, were made and constituted (c) the true and absolute Lords and Proprietors of the said Province ; saving the faith, allegiance, and sovereign Dominion, due to the King, his heirs and successors. And accordingly by the said Charter, the said Lords Proprietors are invested with all the Royalties, Jurisdictions, Privileges, Powers and Authorities necessary for the Government of the said Province. And his said Majesty King Charles the Second, by a second Charter bearing date at Westminster, June thirtieth, in the seventeenth year of his reign, Anno Domini 1665, did confirm unto the said Lords Proprietors, the above-mentioned grant of the Province of Carolina, and did enlarge the Bounds thereof, as the same is particularly set forth in the said Charter, and did unite the Lands so added unto the said Province of Carolina, and did confirm and renew unto the said Lords Proprietors, as in the first Charter, all the Royalties, Jurisdictions, Privileges, Powers and Authorities necessary for the government of the said Province, with all and singular the like, and as ample rights, . Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities, and Franchises of what kind soever, within the territory or limits aforesaid of the said Province of Carolina; To HAVE, HOLD, use, exercise and enjoy the same, as amply, fully, and in as ample a manner, as any Bishop of Durhamf in the Kingdom of England, ever heretofore had, held, used or enjoyed, or of right ought or could have, use or enjoy.
* 1662-3, March 20th.-- It may be useful to explain this mode of Chronological notation. The historical year commences January 1st. The civil year of England commences March 25th. Hence, all the days between January 1st and March 25th, are liable to be designated either as belonging to the historical year or to the civil year. March the 20th, above mentioned, will fall n the historical year 1663, and in the civil year 1662.--EDITOR.
† The Bishoprick of Durham is a Palatinate