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AN ACT

To carry into effect in part, an Ordinance to Nullify certain Acts of the Congress of the United States, purporting to be laws laying duties on the importation of foreign commodities, passed in Convention of this State, at Columbia, on the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty-two.

WHEREAS, by the said Ordinance, it is declared and ordained, "That Preamble. the several Acts, and parts of Acts, of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially an Act entitled an Act in alteration of the several acts imposing duties on imports, approved on the nineteenth day of May, one thousand eight hundred and twentyeight, and also an Act entitled an Act to alter and amend the several Acts imposing duties on imports, approved on the fourteenth day of July, one tousand eight hundred and thirty-two, are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null, void, and no law, nor binding upon this State, its officers or citizens." And whereas, also, by the said Ordinance, it is ordained that it shall be the duty of the Legislature to adopt such measures, and pass such Acts, as may be necessary to give full effect to that Ordinance, and to prevent the enforcement, and arrest the operation of the said Acts and parts of Acts of the Congress of the United States, within the limits of this State, from and after the first day of February next; now, therefore, to carry into effect in part, the said Ordinance:

Goods seized

SEC. 1. Be it enacted by the Senate and House of Representatives, now How to recover met and sitting in General Assembly, and by the authority of the same, under the Acts That from and after the first day of February next, if any goods, wares of Congress. or merchandize, shall be seized or detained, under pretence of securing the duties imposed by any of the said several Acts or parts of Acts, of the Congress of the United States, so annulled by the Ordinance as aforesaid, or for the non payment of any such duties, or under any process, order or decree, mesne or final, or other pretext, contrary to the true intent and meaning of the said Ordinance, the person or persons to whom the said goods, wares or merchandize are consigned, or who may be lawfully entitled to the possession of the same, may, upon making affidavit of such seizure or detention, proceed to recover possession thereof, and damages, by an action of replevin; and the proceedings therein shall be as in other cases of replevin, according to the law and usages of this State, except as modified or altered by this Act; or such person or persons may proceed in any other manner, authorized by law, in cases of unlawful seizure or detention of personal property.

ACT TO CARRY
ORDINANCE
INTO EFFECT.

1832.

SEC. 2. Be it further enacted, That before the Sheriff shall deliver the said goods to the plaintiff, in replevin, it shall be his duty to take from the said plaintiff a bond, with good and sufficient security, in the penal sum of the full value of the said goods, with the condition that he will prosecute the said suit with effect, and well and truly abide and fulfil the security in full final judgement and determination of the Court therein.

Plaintiff to give bond and

value of said SEC. 3. Be it further enacted, That in case of refusal to deliver the Goods. said goods, or of removal of the same in any way, so that the writ of Authorizing replevin cannot be executed, on the return of the Sheriff to that effect, sheriff to and an affidavit made before any justice of the quorum that the said distrain on personal goods had been seized and detained, and of the refusal to deliver the property when same, or that the same had been removed as aforesaid, and of the value a writ of replevin cannot thereof, the plaintiff in replevin may sue out a writ in the nature of a be executed. capias in withernam, authorizing and requiring the Sheriff of any of the districts of this State, to distrain the personal estate of the person or persons so refusing to deliver the said goods or removing the same so that the said process cannot be executed. And the Sheriff shall thereupon seize and take into his possession any personal estate of the defendant or defendants, to the amount of double the value so sworn as aforesaid, and hold the same at the proper expense of the owner or owners thereof, until the said goods are produced and delivered to the, said Sheriff. Provided, that nothing in this clause contained shall be in any manner construed to deprive the Sheriff of any right and power which he now has by law in the execution of the writ of replevin.

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property levied on or sold.

SEC. 4. Be it further enacted, That if after the delivery of the said goods by the Sheriff to the Plaintiff, in replevin, any attempt should be made to recapture, or to seize the same, or the same should be actually recaptured or seized, under pretence of securing the duties imposed by any of the several acts of Congress aforesaid, or for the non-payment of any such duties, or under any process, order, or decree, or other pretext, contrary to the true intent and meaning of the Ordinance aforesaid, it shall be the duty of the Sheriff, on affidavit made to that effect, to prevent such re-capture or seizure, or to re-deliver the goods to the Plaintiff, in replevin, as the case may be, and the Sheriff shall have the same power and authority for that purpose as he had in the original execution of the writ of replevin.

SEC. 5. Be it further enacted by the authority aforesaid, That if any person shall pay any of the duties imposed by either of the acts of Congress aforesaid, the person so paying may recover back the same, together with the interest thereon, in an action for money had and received, in any Court of competent jurisdiction. Provided, that such action be brought within one year from the time of said payment.

SEC. 6. Be it further enacted by the authority aforesaid, That if any person shall be arrested or imprisoned, by virtue of any order or execution for the enforcement or satisfaction of any judgment or decree obtained in any Federal Court for duties claimed under the acts of Congress, so annulled as aforesaid, or upon any other proceedings contrary to the true intent and meaning of the said Ordinance, he shall be entitled to all the benefits and privileges secured to the citizen in case of unlawful arrest or imprisonment, by the statute made of force in this State, commonly called the Habeas Corpus Act; and he may also maintain an action of trespass for such unlawful arrest or imprisonment.

SEC. 7. Be it further enacted by the authority aforesaid, That if any real or personal estate of any person shall be seized, or levied on, or sold by virtue of any Fieri Facias, or other process for the enforcement or

ORDINANCE

satisfaction of any judgement or decree, obtained in any Federal Court, ACT TO CARRY for duties claimed under the acts of Congress, so annulled as aforesaid, INTO EFFECT. such seizure, levy, or sale, shall be held and regarded, in the Courts of 1832. this State, as illegal, and such sale shall in no wise divest, or in any manner impair the title of the defendant, in such suit or action, to the property thus sold.

SEC. 8. Be it further enacted, That if any Clerk, Commissioner, Mas- Penalty for furnishing a ter or Register, shall furnish a record, or a copy of a record in his office, record. of any case in Law or Equity, wherein is drawn in question the authority of the said Ordinance, or the validity of the Acts of the Legislature, passed to give effect thereto, or the validity of the said Acts of Congress, or permit or allow any such record, or a copy of such record, to be taken for any purpose, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, be punished by fine, not exceeding one thousand, nor less than one hundred dollars, and by imprisonment, not exceeding one year nor less than one month.

process under

SEC. 9. Be it further enacted, That if any person shall disobey, ob- Penalty for struct or resist any process granted or allowed by this Act, or shall eloign, resisting secrete or wilfully remove any goods, wares or merchandize, or do any this Act. other act, so as to prevent the same from being replevied, according to the provisions of the first section of this Act, such person, his aiders and abettors, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine, not exceeding five thousand dollars, nor less than one thousand dollars, and be imprisoned for a term not exceeding two years, nor less than six months; besides being liable to indictment, or other proceeding allowed by law, for any other offence involved in the commission of said misdemeanor.

by sheriff.

SEC. 10. Be it further enacted, That should any person, after the de- Penalty for livery of any goods by the Sheriff to the Plaintiff, in replevin, as herein seizing goods provided, re-capture or seize, or attempt to re-capture or seize the same, after delivery under pretence of securing the duties imposed by any of the several acts of Congress aforesaid, or for the non-payment of any such duties, or under any process, order or decree, or other pretext, contrary to the true intent and meaning of the Ordinance aforesaid, such person, his aiders or abettors, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine, not exceeding ten thousand, nor less than three thousand dollars, and imprisonment, for a term not exceeding two years, nor less than one year, besides being liable to indictment, or other proceeding allowed by law, for any other offence involved in the commission of said misdemeanor.

Penalty for a

one for disobey

SEC. 11. Be it further enacted, That if any of the keepers of the public gaols in this State, shall receive and detain any person arrested or gaoler's committed by virtue of any order, process or other judicial proceedings detaining any made, had or issued to enforce the payment or collection of any of the ing an annulled duties imposed by, or claimed under, the said acts of Congress, annulled law. by the Ordinance aforesaid, or on any other proceedings contrary to the true intent and meaning of the said Ordinance, such keeper shall be guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned for a term not exceeding one year, nor less than one month, and fined in a sum not exceeding one thousand dollars, nor less than one hundred dollars, and shall also be liable to the person aggrieved, in an action of trespass.

SEC. 12. Be it further enacted, That if any person or persons shall Penalty for knowingly let or hire, or use, or permit to be used, any place, house or hiring or using building, to serve as a gaol for the detention or confinement of any per- as a prison, &c.

INTO EFFECT.

1832.

ACT TO CARRY SON arrested or committed by virtue of any order, process or other judiORDINANCE cial proceedings made, had or issued to enforce the payment or collection of any duties imposed by the said acts of Congress annulled by the Ordinance aforesaid, or upon any other proceedings contrary to the true intent and meaning of the said Ordinance, he or they shall be guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned for a term not exceeding one year, nor less than one month, and fined in a sum not exceeding one thousand dollars, nor less than one hundred dollars.

Traverse not allowed.

Fines paid to
Treasury.

Ordinance or
Act given in
evidence.

This Act, when to take effect.

SEC. 13. Be it further enacted, That no Indictment under this Act shall be subject to Traverse.

SEC. 14. Be it further enacted, That the fines collected under this Act shall be paid into the public Treasury.

SEC. 15. Be it further enacted, That on the trial of any suit or action, in which shall be brought in question the Ordinance aforesaid, or this Act the same may be given in evidence without being specially pleaded.

SEC. 16. Be it further enacted, That this Act shall commence and be of force from and after the first day of February next.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-two, and in the fifty-seventh year of the Independence of the United States of America.

H. DEAS, President of the Senate.

H. L. PINCKNEY, Speaker of the House of Representatives.

AN ACT

Concerning the Oath required by the Ordinance passed in Convention at Columbia, the twenty-fourth day of November, one thousand eight hundred and thirty-two.

SEC. 1. WHEREAS, by the Ordinance passed in Convention of this Preamble. State, at Columbia, on the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty-two, it is ordained, that all persons now holding any office of honor, profit, or trust, civil or military, under this State, Members of the Legislature excepted, shall, within such time, and in such manner, as the Legislature shall prescribe, take an oath, well and truly to obey, execute, and enforce the said Ordinance, and such Act or Acts of the Legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same, and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forthwith vacated, and shall be filled up, as if such person or persons were dead or had resigned; and no person hereafter elected to any office of honor, profit or trust, civil or military, Members of the legislature excepted, shall, until the Legislature shall otherwise provide and direct, enter on the execution of his office, or be in any respect competent to discharge the duties thereof, until he shall, in like manner, have taken a similar oath :

Be it therefore enacted, by the Senate and House of Representatives, Form of Oath and by the authority of the same, That the form of said oath shall be as follows: "I do solemnly swear (or affirm) that I will well and truly obey, execute, and enforce the Ordinance to nullify certain acts of the Congress of the United States, purporting to be laws laying duties and imposts upon the importation of foreign commodites, passed in Convention of this State, at Columbia, on the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty-two, and all such Act or Acts of the Legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same: so help me God."

administered.

SEC. 2. And be it further enacted, That the said Oath may be ad- How and by ministered by any person authorized by law to administer an oath, and whom Oath likewise by all military officers, to those under their command; and the administration thereof shall be authenticated by the signatures of the person administering, and the person taking the same. In cases of military officers, a certificate of the oath, so authenticated, shall be endorsed on their commission; and in cases of civil officers, the persons administering said oath, shall make a certificate, shewing the name, residence, and office of the officer taking said oath, with the date when administered; in the case of a civil officer, whose duties are confined to a single District, the certificate shall be lodged in the office of the Clerk of the

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