TIT.119. son, and draw his warrant under his hand and seal, directed to any sheriff of any district, as the case may be, thereby commanding such sheriff to levy such fine or fines, together with A. A. 1813. his costs, of the lands, tenements, goods and chattels of such Sept. Sess. delinquent, and every such sheriff to whom such list and warrant aforesaid shall be directed and delivered, shall execute the same by levying and collecting the said fines as aforesaid, and shall make return thereof within forty days from the receipt of such warrant, to the president who issued the same; and should the sheriff be able to find no lands, tenements, goods or chattels of which to levy the said fine or fines, then he shall take the body of the said delinquent, and commit it to gaol, and there keep it until the said fine or fines shall be paid, or until double the time shall have elapsed for which the delinquent would have served, had he joined the militia so ordered out, and the said sheriff shall be entitled to the same fees for collecting the aforesaid fines, and subject to the same penalties for neglect, as are allowed and provided in similar cases. 168. And be it further enacted, That all fines collected as To be paid inabove, shall be paid into the hands of the paymaster of the to the hands of regiment to which the delinquents shall respectively belong. 169. And be it further enacted, That all fines and penalties, (except such as are otherwise provided for by this act) now incurred, or which may hereafter be incurred, or imposed for neglect or default of patrol or militia duty, (except in the parishes of St. Philip and St. Michael) may be collected in the following manner, to wit: by warrant under the hand and seal of the captain, or other commanding officer of the company, or by the presiding officer of the court martial by which the fine is imposed, which said warrant may be directed to any sergeant of the company to which the delinquent belongs, commanding him to levy and collect the said fine or fines, and the said sergeant is hereby authorized and required, under the penalty of twenty dollars, to call on every delinquent, who shall be named in such warrant, or in a schedule or list to the warrant annexed, and to demand payment of the said fine or fines; and on neglect or refusal to make such payment after the demand thereof, so as aforesaid made, then the said sergeant having the aforesaid warrant, is hereby required forthwith to proceed to collect the said fine or fines, together with such costs as are received by constables in small and mean causes. 170. And be it further enacted, That the form of the warrant to be issued by the captain or commanding officer of the company, or the presiding officer of the court martial for the collection of the fines aforesaid, shall be as follows: "The State of South-Carolina: the paymas. ter, &c. "Whereas the persons named in the schedule or list here- Form of awar unto annexed, have been duly sentenced by a court martial to rant. pay the sum to their names affixed; this warrant therefore authorizes and requires you to levy and sell of the goods and chattels, sufficient to pay the fine and costs, which have been TIT. 119. A. A. 1813. A warrant to adjudged against him; and pay over the fines aforesaid to the proper officer. "Given under my hand and seal, the one thousand eight hundred and day of "A. B. Captain. L.S." 171. And be it further enacted, That if the said person to take the body whom the said warrant shall be directed, shall make return, may issue up- that he cannot find any goods and chattels to be levied on, on the return then the officer who issued the warrant, is hereby authorized of no goods. and required to issue a warrant against the body of the delinquent, and take him to the common gaol, there to remain for such time as is already provided for by law, unless the fine and cost may be sooner paid. Pay of pioneers, &c. The commander in chief author ized to re move to some place of safe ty such arms, &c, as have been deposi ted in the public arsenals. His duty respecting arsenals and their keepers. He may assist any citizens in erecting tem porary works of defence. 172. And be it further enacted, That all free persons of colour, pioneers, fatigue-men, musicians, trumpeters, buglers, drummers and fifers, attached to or liable to do duty, in any company, troop or corps, shall be entitled to the same pay, and be liable to the same fines and penalties, and subject to the same rules and regulations as the militia of this state are liable to. 173. And be it further enacted, That the commander in chief for the time being, shall have authority to remove to some temporary place of safety and deposit, such portion of the arms, ammunition and military stores, at any time deposited in the public arsenals of the state, as circumstances may appear to require, and when necessary in his opinion, to provide and furnish suffi cient guards to protect the public arsenals until it be found expedient to call out into the public service detachments of the militia, on whom this duty may in part devolve. 174. And be it further enacted, That it shall be the duty of the governor and commander in chief for the time being, from time to time, to examine or cause to be examined by such proper officer, the situation of the respective arsenals throughout the state, to require security from the arsenal-keepers, and to remove them for negligence or other improper conduct, or incapability of performing the duties devolving on them as such; and to appoint in cases of removal other persons to supply the vacancies thereby created. 175. And be it further enacted, That the commander in chief for the time being, may at his discretion, aid and assist the citizens of any portion of this state, in erecting temporary works, and means of protection, and build such redoubts and establish such military posts, as he shall deem necessary, and best calculated to promote the common defence. May increase 176. And be it further enacted, That the governor shall be, the pay of the and he is hereby authorized to make to the adjutant-general adjutant-gen- from the contingent fund, such additional compensation as the additional duties imposed on that officer may in his judgment render proper and reasonable: Provided, the same do not exceed five hundred dollars per annum. eral. Repealing clause. 177. And be it further enacted, That all acts, and parts of acts repugnant to this act, be and the same are hereby repealed. [See Title 128, Patrols.-Title 107, Justices of Peace. Vol. 3d, Roads, Bridges, and Ferries.-Title 138, Process.] Mortgage. [See Conveyances, &c.] Murder. [See Homicide.] TITLE 120. Notaries Public. TIT. 120. BE it enacted, That the notaries public in their several A. A. 1810. districts of this state shall be justices of the quorum, in all Declared juscases except for the trial of small and mean causes.* [See tices of the Title 139, Public Officers.-Title 77, Fees and Salaries.Title quorum. 128, Patrols, § 27.1 TITLE 121. Notice. TIT. 121. 1. BE it enacted, That from and immediately after the pas- A. A. 1787. sing of this act, all notices whatever which shall be published P. L. 414. Notices pubin the State Gazette shall be deemed, held and received as lished in the legal notice for the district of Charleston, in the courts held StateGazette, for the said district: Provided, the same be published three deemed legal, times, once in every week successively, in the said paper. for the dis 2. Be it further enacted, That where rules or process to revive proceedings at law cannot be served upon persons, cause of their absence from and without the limits of this state, 1 Faust 213. it shall be sufficient to post such rules or process upon the To revive court house door of the district in which such absent person proceedings had their last residence. be trict of Charleston. on, &c. Notaries public had already been declared justices of quorum ex 'officio, by A. A. 1804. 2 Faust 550. TIT. 122. A. A. 1731. A solemn and affirmation according to TITLE 122. Oaths-Affirmations. 1. AND whereas his late majesty king Charles the second, by his royal charter granted to the late lords proprietors of this province, did give full power and authority to the said late lords proprietors to grant liberty of conscience and indulgence to the inhabitants of this province: And whereas the general assembly of this province, by several acts have enacted, that all his majesty's protestant subjects should enjoy the full and free liberty of their consciences, and have indulged such of the inhabitants as scrupled to take an oath, by their laying their hand on the Holy Evangelists, to make a solemn declaration according to the form of their profession, the last of which said acts has been confirmed by the late lords proprietors, pursuant to the powers and authorities given and granted to them by the royal charter, under which encouragement many of his majesty's good and faithful protestant subjects, of scrupulous consciences, have come and settled in this province and have for many years past freely and quietly enjoyed the said toleration and indulgence of declaring the truth according to the form of their profession granted and confirmed unto them as aforesaid: 2. Be it further enacted, That any person who shall appear conscientious in any of the courts of justice, or before any judge or magisdeclaration & trate in this province, either as juror, witness, party or other-wise, in any cause civil or criminal, and shall make a solemn and conscientious declaration and affirmation, according to the form of the form of his profession, in any matter, cause or thing the profession of a juror, wit- wherein an oath is required by law, such solemn and consciness, &c. shall entious declaration and affirmation shall be deemed, held be valid and and judged, and taken as valid and effectual, to all intents, effectual, constructions and purposes whatsoever, as if such person had and shall sub- taken an oath on the Holy Evangilists of Almighty God, and ject the party to the penal- that all and every such person and persons as shall be conties of perjury victed of falsely and corruptly affirming and declaring any if he affirm falsely. matter and thing, which if the same had been an oath taken on the Holy Evangelists, would by law amount to wilful and corrupt perjury, shall incur the same penalties, disabilities and forfeitures as persons convicted of wilful perjury do incur by the laws of Great Britain. 3. Every future governor and commander in chief shall, before entering upon the execution of his office, take the following oath : I, A. B. do solemnly promise and swear to preside over the people of this state according to the constitution or form of government established therein, and the laws thereof: That I will cause law and justice, in mercy, to be executed, and to the utmost of my power, maintain and defend the laws of God,* the protestant religion, and the liberties of America. So help me God. [See Title 168, United States.] TIT. 122. Laws of Uni vol. 1. p. 25. Oath to sup 4. Be it enacted by the senate and representatives of the ted States, United States of America, in Congress assembled, That the 1789. c. 1.1. oath or affirmation required by the sixth article of the constitution of the United States, shall be administered in the form port the confollowing, to wit: "I, A. B. do solemnly swear (or affirm, as the stitution, the case may be) that I will support the constitution of the Uni- form of. ted States." $3. And be it further enacted, That the members of the seve ral state legislatures, at the next sessions of the said legislatures, respectively, and all executive and judicial officers of the several states, who have been heretofore chosen or appointed, or who shall be chosen or appointed before the first day of August next, and who shall then be in office, shall within one month thereafter, take the same oath or affirmation, except where they shall have taken it before; which may be administered by any person authorized by the law of the state, in which such office shall be holden, to administer oaths. be taken, &c. By whom to And the members of the several state legislatures, and all executive and judicial officers of the several states, who shall be chosen or appointed after the said first day of August, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or persons, who by the law of the state shall be authorized to administer the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner, as by the law of the state, he' or they, shall be directed to record or certify the oath of office. A. A. 1797. 5. Whereas the present mode of administering oaths to the jury on every separate trial, is highly unnecessary, and not 2 Faust 152. becoming that solemnity with which all oaths ought to be administered: Be it therefore enacted, That from and after the passing of How to be adthis act, it shall be lawful for the several clerks of the dis- ministered trict courts, (and of the county courts,) throughout this state, to, or made and they are hereby required, to administer but one oath to by com. pleas jurors. each juryman in the court of common pleas, to try all causes which shall come before him for trial during the sitting of the court. A. A. 1800. 2 Faust 360. 6. And be it further enacted, That it shall and may be lawful to and for any two justices, whereof one shall be of the quo- Any two justi rum, to administer to any person the oath or oaths of office, ces of peace, which is, are, or may be required by law to be taken by such one whereof person; any law, usage or custom to the contrary thereof in to be of the any wise notwithstanding. [See Title 107, Justices of Peace, be competent quorum, shall • See State Constitution, Art. 4. Constitution of the United States, Art. 6. Amendment thereto, Art. 3. |