Sidebilder
PDF
ePub

of

THE STATE OF SOUTH-CAROLINA.

on of

Know all men by these presents, that I, A. B. Form of in the state aforesaid,

in considerati- conveyin the state

to me paid by C. D. ofaforesaid, have granted, bargained, sold and released, and by these presents do grant, bargain, sell and relcase unto the said C. D. all that (here describe the premises,) together with all and singular the rights, members, hereditaments and appurtenances, to the said premises belonging or in any wise incident or appertaining; to have and to hold, all and singular the premises before mentioned, unto the said C. D. his heirs and assigns for ever. And I do hereby bind myself, my heirs, executors and administrators, to warrant and for ever defend all and singular the said premises unto the said C. D. his heirs and assigns, against myself and my heirs, and against every person whomsoever, lawfully claiming or to claim the same, or any part thereof.

Witness my hand and sea!, this in the year of our Lord

day of and in the

year of the independence of the United States
of America.

Provided, That this act shall be so construed as not to oblige any person to insert the clause of warranty, or to restrain him from inserting any other clause or clauses, in conveyances hereafter to Be made, as may be deemed proper and adviscable by the purchaser and seller, or to invalidate the forms heretofore in use within this state.

ance.

renounce

And be it further enacted by the authority aforesaid, That the wife of any grantor, conveying real Wife may estate in the manner above prescribed, may, if she her dower. be of lawful age, release, renounce, and bar herself of her dower, in all the premises so conveyed, by going before any judge of the court of common pleas, or justice of the quorum, or any judge of the court of the county wherein she may reside, or the land may be, and acknowledge before him, upon

Form of

(6)

a private and separate examination, that she did
freely and voluntarily, without any compulsion,
dread or fear, of any person whatsoever, renounce
and release her dower to the grantce, and his heirs
and assigns, in the premises mentioned in such
deed. Provided, That a certificate, under the
hand of the woman, and the hand and seal of the
judge or justice, as aforesaid, shall be endorsed
upon such release, or a separate instrument of wri-
ting to the same effect, in the form or to the pur-
port hereafter following; and be recorded in the
office of mesne conveyances, or office of the clerk
of the county courts, in the districts or county,
where the land lics.

THE STATE OF SOUTH-CAROLINA,
DISTRICT.

I, F. G. one of the judges of

(or justice of the quorum, as the case may be,) do hereby certify unto all whom it may concern, that E. B. the certificate Wife of the within named A. B. did, this day, apfor renun- pear before me, and upon being privately and scciation of parately examined by me, did declare, that she

dower.

does freely, voluntarily, and without any compulsi-
on, dread or fear, of any person or persons whom-
soever, renounce, release, and for ever relinquish
unto the within named C. D. his heirs and assigns,
all her interest and estate, and also all her right
and claim of dower, of, in or to all and singular the
premises within mentioned and released.

Given under my hand and seal, this
anno domini

[blocks in formation]

day of

E. B.

And be it further enacted by the authority afore Wife may said, That every married woman, of the age of release her twenty-one years, who may be intitled to any real

herit

..ce.

estate, as her inheritance, and may be desirous of joining her husband in conveying away the fce simple of the same to any other person, may bar

herself of her inheritance in such real estate, by joining with her husband in a release to the purport of the one herein before prescribed: Provided she will go before some one of the judges or justices, in the second clause of this act mentioned, at any time after the expiration of seven days after such release has been duly executed as aforesaid; and will then, upon a private and separate examination by him, declare to him, that she did, at least seven days before such examination, actually join her husband in executing such release, and did then, and at the time of her examination still does, freely, voluntarily, and without any manner of compulsion, dread or fear, of any person or persons whomsoever, renounce, release, and for ever relinquish all her estate, interest and inheritance in the premises mentioned in the release, unto the grantee, and his heirs and assigns: And also provided, That a certificate, signed by the woman, and under the hand and seal of the judge or justice, as aforesaid, shall then be immediately indorsed upon the said release, or a separate instrument of writing to the same effect, in the form or to the purport of the certificate prescribed in the second clause of this act; to which certificate, an addition to the following effect shall invariably be made, to wit: that the woman did declare, that the release was positively and bona fide executed at least seven days before such her examination; and such renunciation shall not be considered as being complete or legal, until the same shall be recorded in the office of mesne conveyances, or office of the clerk of the county courts, in the districts or county where the land lies.

In the Senate House, the twelfth Day of December, in the Year of our Lord one thousand seven hundred and ninety-five, and in the twentieth Year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the
House of Representatives.

B

An ACT concerning the office of Sheriff.

E it enacted 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 persons who shall hereafter be Sheriffs to elected to the office of sheriff of a district, or to give secu- be appointed thereto by the governor during the

rity.

recess of the legislature, shall, within three weeks
immediately succeeding such election or appoint-
ment, enter into a bond, drawn payable to the trea-
surers of the state for the time being, and their suc-
cessors, in the sums herein after mentioned, condi-
tioned for the due and faithful discharge of the du-
ties of the said office, as required or to be requir
ed by law; which bonds shall be executed by
the said sheriff's respectively, and any number of
securities, not exceeding twenty, nor less than five;
which securities, before they are accepted or re-
ceived by the treasurers, shall be approved of in
writing by the commissioners, in manner hercin
after directed, who are hereby severally authoriz-
ed and required to consider and determine in
their several districts respecting the competency
of the several persons to be offered by the sheriffs
for the purposes aforesaid.
aforesaid. And no person to be
elected or appointed to the office of sheriff, shall
be permitted by the judges to enter upon the ex-
ecution of his office, until he hath recorded in the
office of the clerk of the court of the district for
which he is or may be ciected or appointed, a cer-
tificate from the commissioners appointed by vir-
tue of this act, (which certificates they are hereby
required to give,) that such sheriff hath duly exe-
cuted, and lodged in the treasury, such bond, with
such security as is required by this act: and if any
person, so to be elected or appointed as aforesaid,
to the said office, shail fail to provide and perfect
the security within the time required by this act,
the office of such sheriff shall be, and the same is
hereby declared to be vacated.

ty to be

ent dis

tricts.

And be it further enacted by the authority aforesaid, That the bonds of the sheriffs of the several Amount of districts shall be given in the sums following, that the curi is to say the bonds to be given by the sheriff of given in Ninety-six, the sheriff of Pinckney and the sheriff the differof Washington, the sheriff of Orangeburgh and the sheriff of Cheraw districts, shall be severally in the sum of fifteen hundred pounds sterling money; the bends to be given by the sheriff of Camden, the sheriff of Beaufort district, and the sheriff of Georgetown district, shall be severally in the sum of five thousand pounds sterling money; and the bond to be given by the sheriff of Charleston district, shall be in the sum of ten thousand pounds sterling money. And the persons who shall be approved of and join as securities in the bonds prescribed by this act, shall severally be held and deemed liable, each one for his cqual part of the whole sum in which the bond is given, (the said sum to be divided into as many equal parts as there shall be securities in the bond,) and no more than such equal part shall be in any court recoverable of or from any one of the said securities, his heirs, executors or administrators; but nothing in this act contained shall operate to prevent the securities from having and obtaining amongst one another, just and equitable aid and contribution, as in other cases of security ship, where there are several

securities.

And be it further enacted by the authority aforesaid, That the bonds to be given by the sheriffs, according to this act, and to be deposited in the treasury, may at all times be sued for by the public or any private person who shall or may think themselves aggrieved by any misconduct of any sheriff; for which purpose the tre surers for the time being, and cach of them, upca application at the treasury office, shall deliver to any person applying therefor, and paying the fecs for doing the same, an exact and certified copy of any sheriff's

« ForrigeFortsett »