TIT. 27. A. A. 1813. Ratification thereof. Proviso. tember, in the year of our Lord one thousand eight hundred and thirteen, and of the independence of the United States of America the thirty eighth, (Signed) Joseph Blyth, L. S. Montfort Stokes, L. s. Signed sealed and interchangeably delivered by the commissioners of the two states, in the hereunto subscribed as witnesses. (Signed) presence of us, who have George Blackburn, 14. Be it therefore enacted, by the honourable the senate and house of representatives, now met and sitting in general assembly, and by the authority of the same, That the said provisional article of agreement and every part thereof, is hereby fully and absolutely ratified and confirmed, and the same is likewise hereby substituted for and in the room and stead of the said third article of the conventional agreement on boundary, signed in Columbia, in the state of South-Carolina, on the 11th day of July, one thousand eight hundred and eight. 15. Provided however, That if the state of North-Carolina, should contest or refuse to ratify, or call in question the agreement so entered into by the said commissioners, under any pretext whatever, all the rights, claims and pretensions of the state of South-Carolina, in relation thereto, shall revive and exist in the same force and effect, as before the passing of this act. Certain por16. Be it enacted, That all those parts or portions of territotions of terri- ry, which have been heretofore under the jurisdiction, and suptory added to posed to belong to the state of North-Carolina, but are found, Lancaster in extending and running out the line between the two states District, in conformity to the treaty on boundary, of the year one thouwhich were supposed to sand eight hundred and eight, to be included within the limits be in the state of the state of South-Carolina, shall be taken, and regarded of N. Carolina to all intents and purposes, as forming a part of the said district of Lancaster, and the line of final demarcation and boundary, run out and marked by the commissioners of the respective states, during the present year, an authenticated plat of which has been deposited in the office of the secretary of state at Columbia, shall, from hence forward form one boundary of the district of Lancaster. Residents within such portions of territory, to have all the rights of citizens, &c. 17. And be it further enacted, That each and all of the citizens heretofore residing and continuing to have his or their permanent residence in the territory aforesaid, at the time of the passing of this act, shall be entitled to and possess all the rights, immunities and advantages which the citizens of the present district of Lancaster now do, or hereafter have, shall enjoy, and be in like manner subjected to the payment of taxes, and liable to all militia and all other duties to which the citizens of the said district of Lancaster now are, or may hereafter be subjected by, or made liable under the laws of this state. TIT. 27. tend over said territory, &c. 18. And be it further enacted, That there shall be a revision Militia comof, and new demarcation of the lines forming the two beat panies conticompanies commanded by captains Massey and Moore, and guous, to exthat such parts or portion of the said territory as may lie most contiguous, and shall be found most convenient to them, shall be attached to, and form a part of one or other of the said company beats, and the inhabitants thereof be liable to all the militia, patrol and other duties to which the inhabitants of the beats they may be respectively attached to, now are, or hereafter may be subjected by the laws of this state. lines, &c. 19. And be it further enacted, That Henry Massey, Jere- Commission, miah Cureton, William Vaughan, James Miller and Churchill ers to revise Anderson, be, and they are hereby appointed commissioners to revise the lines of, and establish the respective beats of the the two companies aforesaid, and they, or a majority of them, are hereby required and directed forthwith to revise the lines of, and establish the respective company beats aforesaid: 20. Provided always, that nothing herein contained shall be Proviso. so construed as to withdraw the company beats now directed to be established, from under the operation of the provisions of the militia laws now in force, or hereafter to be enacted. TITLE 28. Buggery. TIT. 28. P. L. 49. ‹ FORASMUCH as there is not yet sufficient and condign punishment appointed and limited by the due course of the laws of this realm, for the detestable and abominable vice A. D. 1533. of buggery, committed with mankind or beast: It may there- St. 25 H. 8. c. fore be enacted, That the same offence be from henceforth ad- 6. judged felony, and such order and form of process therein to be used against the offenders as in cases of felony at the common law; and that the offenders being hereof convict by verdict, confession, or outlawry, shall suffer such pains of death, and losses and penalties of their goods, chattels, debts, lands, tenements and hereditaments, as felons be accustomed to do, according to the order of the common laws of this realm; and that no person offending in any such offence, shall be admitted to his clergy; and that justices of peace shall have power and authority, within the limits of their commissions and jurisdiction, to hear and determine the said offence, as they do use to do in case of other felonies.* This crime against nature, was in ancient times punished capitally, by burying the offender alive, or burning him to death; but in the TIT. 29. A. A. 1769. TITLE 29. Burglary. 1. WHEREAS the crimes of burglary, and breaking open houses in a felonious manner, are of late years become more frequent than formerly, to the great disquiet, terror, and impoverishing of his majesty's subjects within this province; which crimes might be in great measure prevented, if due encouragement be given to such as shall vigorously endeavour the discovery and apprehending of such malefactors, and some severe punishment inflicted on such as shall receive or buy stolen goods, and harbour and protect the said offenders: For remedy whereof, Reward for 2. Be it enacted, That from and after the expiration of prosecuting one month after the passing of this act, all and every perto conviction. son and persons, who shall apprehend and take away any white person or persons, guilty of burglary, or the felonious breaking and entering of any house, in the day time, and prosecute him, her, or them, so apprehended and taken, until he, she, or they, be convicted of such burglary or felony, shall have and receive the sum of ten pounds proclamation money, within one month after such conviction, to be paid by the public treasurer of this province, out of any monies lying in the treasury, to the person or persons so taking, apprehending and prosecuting the said offenders; he and they rendering a certificate to the said treasurer, under the hand or hands of the judges or justices, before whom such felon shall be convicted, for such burglary or felony, certifying the conviction of such felon for the said offence or offences, and also that such felon or felons was, or were taken by the person or persons claiming the said reward, Provision 3. And in case any dispute shall happen to arise, between the persons so apprehending any the said felons, touching their right and title to the said reward, that then the said judge or justices, so respectively certifying as aforesaid, shall, in and by their said certificate, direct and appoint the said reward to be paid to and amongst the parties claiming the same, in such share and proportions, as to the said judges or justices shall seem just and reasonable. 4. And in case any constable, watch-man, or any other made for per- person or persons, having a wife or children living, shall happen to be killed, maimed, or disabled from labour, by any such burglar or house-breaker, in endeavouring to apprehend, or in sons disabled from labour Monkish times which succeeded, it came to be considered as a mere spiritual offence, and was subject only to ecclesiastical censures. By this statute, which was revived and confirmed by 5 Eliz. c. 17. (P. L. 65.) it is made felony without benefit of clergy. 4 Bl. Com. 215. Bugeria, (according to Coke) is an Italian word, and means more than Sodomy or Pederasty. Both the agent and consentient are felons: See 3 Inst. 58. TIT. 29. making pursuit after him or them, that then such person, in case he shall be maimed or disabled, shall be entitled to the same rewards, as are allowed, by the militia act, to poor free- in apprehendmen and white servants maimed or disabled in the public ser- ing burglars; vice. poor killed. 5. And in case such persons shall happen to be killed, then And for their the wives and children of such persons so killed, shall be en- families, if titled to the same rewards, as the wives and children of freemen and white servants, killed in the public service, are entitled unto, by virtue of the said act, upon a certificate, under the hands and seals of two of the next justices of the peace, of such person or persons being so killed, maimed, or disabled from labour; which certificate the said justices, upon sufficient proof before them made, are immediately required to give, without fee or reward. [See Title 21, Benefit of Clergy.] TITLE 30. Buping Titles.* TIT. 30. not to be 1. AND be it further enacted, That no person nor persons, of what estate, degree or condition soever he or they be, shall from henceforth bargain, buy, or sell, or by any ways or means A. D. 1540. obtain, get or have any pretensed rights or titles, or take pro- St. 32 H. 8. c. mise, grant or covenant to have any right or title of any per- 9. son or persons, in or to any manors, lands, tenements or P. L. 53. hereditaments (except such person or persons, which shall so Pretensed title to lands, bargain, sell, give, grant, covenant or promise the same, their ancestors, or they by whom he or they claim the same, have sold or acbeen in possession of the same, or of the reversion or remain- quired. der thereof, or taken the rents or profits thereof, by the space of one whole year next before the said bargain, covenant, grant or promise made) upon pain that he that shall make any such bargain, sale, promise, covenant or grant, to forfeit the whole value of the lands, tenements or hereditaments, so bargained, sold, promised, covenanted or granted, contrary to the form of this act; and the buyer and taker thereof, knowing the same, to forfeit also the value of the said lands, tenements or hereditaments so by him bought or taken as is abovesaid; the one half of the said forfeitures to be to the king our sovereign lord, and the other half to the party that will sue for the same in any of the king's courts of record, by action of debt, bill, plaint or information; in which action, bill, plaint *This is a species of Champerty: It is the same thing as purchasing a suit, or right of suing. See 4 Bl. Com. 135. "Pretensed right"-Jus pretensium-is a right claimed by one who is not in possession. Jac. Dict. Lord Coke calls this "a notable statute"-The St. 1 R. 2. had enacted, that feoffments made for maintenance, should be void. Vid. Plow. 80. Co. Litt. 369. TIT. 30. P. L. 54. or information, no essoin, protection, wager of law, nor injunction shall be allowed. 2. Provided alway, That it shall be lawful to any person or persons being in lawful possession by taking of the yearly farm, rents or profits, of or for any manors, lands, tenements or hereditaments, to buy, obtain, get or have, by any reasonable ways or means, the pretensed right or title of any other person or persons, hereafter to be made to, of, or in such manors, lands, tenements or hereditaments, whereof he or they shall so be in lawful possession; any thing in this act contained to the contrary notwithstanding. TIT. 31. A. A. 1694. No canes or stakes that may hurt horses or cattle to be in TITLE 31. Cattle. 1. NO planter or other person shall have in any of his enclosures any canes or stakes, or any other thing that dammay nify or mischief any horse, neat beast or cattle, under the forfeiture, for every such fault, of the sum of forty shillings, to be levied as is appointed by the act of small and mean causes, and paid to the commissioners or trustees for the poor's use. 2. If any horse, neat beast or cattle shall be found breaking any inclosure. into, or found in any man's plantation that hath sufficient If cattle break fences, according to this act, the owner or owners of such in where the plantation, shall by warrant from any justice of the peace, difence is suf- rected to the next constable where the said injury is commitficient, how ted, summons three neighbouring freeholders, which freeholdthe person damnified érs or any two of them, are hereby empowered and appointed to make a true and just appraisement of any such damage or injury, which said appraisement the appraisers shall give under their hands and on their oaths, and on which appraisement any justice of the peace is hereby impowered and required to give execution, if demanded, for the first damages on the owner or owners of such horses, neat beast or cattle, as much as the said damage shall be praised to, according to this act. shall have satisfaction for the first damage. For the se 3. And for the second fault of the same horses or neat catcond damage. tle in the same plantation, the said justice is required to give execution double what the damages shall be appraised as aforesaid, in the same way and manner as in the act entituled An act for small and mean causes, is directed for small debts in the like case: But what shall amount to more than forty shilforty shillings lings to be recovered by a due course of law, as any other action of trespass according to the proportion aforesaid.* If the damages exceed how recover ed. A. A. 1789. No stone horse above twenty 4. If any person shall wilfully suffer any stone horse above the age of twenty months, to run at large in the woods, it shall * See Justices of Peace, and A. A. Feb. 1791. This act forbids justices of peace to try causes which sound in damages, or any action arising merely from tort, and not from contract. |