1 TIT. 144. P. L. 39. 2. And moreover it is ordained, That if any record, or parcel of the same writ, return, panel, process, or warrant of attorney in the king's courts of chancery, exchequer, the one A. D. 1429. bench or the other, or in his treasury, be willingly stolen, tak- St. 8 H. 6. c. en away, withdrawn, or avoided by any clerk, or by other 12. person, because whereof any judgment shall be reversed; that $3. such stealer, taker away, withdrawer, or avoider, their pro- Felony to em. curators, counsellors and abettors, thereof indicted, and by bezzle a reprocess thereupon made thereof duly convict by their own cord. confession, or by inquest to be taken of lawful men, whereof the one half shall be of the men of any court of the same courts, and the other half of other, shall be judged for felons, and shall incur the pain of felony. And that the judges of the said courts of the one bench or of the other, have power to hear and determine such defaults before them, and thereof to make due punishment as afore is said.' the county 3. And be it enacted, That all and singular the records of A. A. 1799. the several and respective county courts in this state, shall, Records of from and after the first day of January next, be transferred courts transinto the district court in which such county shall be included, ferred into there to be kept and continued of record. [See Title 82, For- the district gery--Counterfeiting.--Title 88, Grants of Land.-Title 74, courts, &c. Evidence. Title 145, Register of Mesne Conveyances.-Columbia, Vol. 3.-Title 104, Judgments.] TITLE 145. Register of Mesne Convep- TIT. 145. 1. AND whereas for the preventing frauds in conveyances, double mortgages and other collusions, in making over and conveying lands and other estates, an officer is by a law of A. A. 1731. this province appointed for recording deeds, conveyances and P. L. 131-2, mortgages, in like manner as is appointed by certain acts of parliament in Great Britain, for the appointing registers in the county of Middlesex, and other parts of that kingdom; and it having been found by experience that the said office has had the good effects expected by the same, and has been of great use and service to this province, as it has been distinct and separate from any other office: from other office. 2. Be it therefore enacted, That the recorder or register of Office of to be deeds or conveyances of land and mortgages, shall be and con- kept separate tinue separated and distinct from any other office or officer every whatsoever, for registering of deeds, and the said register of this province, and the register of this province for the time being, who whilst register of this province, or deputy-register, shall take upon him to execute the office of secretary or deputy-secretary, or of his majesty's auditor-general, or his de TIT. 145. A. A. 1786. To be appointed for Beaufort and Georgetown districts. A. A. 1799. Clerks of the courts to be puty, or his majesty's register, or his deputy, or of receivergeneral, or his deputy, or as any other officer whatsoever, established or to be established, for registering, enrolling or recording of grants or deeds, shall forfeit the sum of five hundred pounds proclamation money, to him or them that will inform and sue for the same, by action of debt, bill, plaint or information, in any court of record in this province, together with the loss of his office of register of this province, and wherein no essoin, protection, injunction or wager of law shall be allowed or admitted of. 3. Whereas the constitution of this state directs,* that registers of mesne conveyances shall be appointed for the different districts thereof, Be it therefore enacted, That from and immediately after the passing of this act, registers of mesne conveyances shall be appointed, agreeable to the constitution, for the districts of Beaufort and Georgetown aforesaid; and they are hereby respectively vested with the like powers and authorities as are exercised by the register of mesne conveyances in Charles ton. 4. And be it further enacted, That the clerk of the court of 2 Faust 318. each district, shall be, and is hereby constituted register of mesne conveyance for the same, in those districts wherein registers, &c. county courts have heretofore been established, and in the following other districts, that is to say: Marion district, Colleton district, and Beaufort district. A. A. 1802. 2 Faust 473. Clerk of the court for Hor- 2 Faust 546. courts for Orangeburgh & his succes sors shall be register, &c. A. A. 1805. Clerk of Williamsburgh vested with the office of register, &c. Clerk of Lexington dis trict courts to be, &c. 5. And be it further enacted, That the office of register of mesne conveyances shall be vested in the clerk of the district court [of Horry] for the time being. 6. Be it enacted, That the present clerk of Orangeburgh district, and his successors in that office, shall be, and hereby is constituted register of mesne conveyances for the said district, and shall do and perform all the duties, be liable to the same pains and penalties, and be entitled to the same fees and perquisites now enjoined, inflicted and allowed the registers of mesne conveyances in the other districts, by virtue of any law now of force in this state. 7. And be it enacted, That the office of register of mesne conveyances shall be and is hereby vested in the clerk of the said courts of common pleas and general sessions of the said district of Williamsburgh. 8. And be it further enacted, That the office of register of mesne conveyances shall be and is hereby vested in the clerk of the courts of general sessions and common pleas of Lexington district. *The Constitution of the year 1778. See Title 139, Public Offi fers, $ 1. TITLE 146. Gent.* P. L. 97. 1. FOR the more easy and effectual recovery of rents reTIT. 146 served on leases for life or lives, term of years, at will or otherwise; Be it enacted, That from and after the first day of A. D. 1709. May, which shall be in the year of our Lord, 1710, no goods St. 8 An. c. 14. or chattels whatsoever, lying or being in or upon any mes- Goods shall suage, lands or tenements, which are or shall be leased for life not be taken or lives, term of years, at will or otherwise, shall be liable to in execution, be taken by virtue of any execution on any pretence whatso- &c. unless the ever, unless the party at whose suit the said execution is sued party before out, shall, before the removal of such goods from off the said removal of the goods, &c. pay premises, by virtue of such execution or extent, pay to the the landlord landlord of the said premises or his bailiff, all such sum or the rent due. sums of money as are or shall be due for rent for the said premises at the time of the taking such goods or chattels by virtue of such execution: Provided, the said arrears of rent de not amount to more than one year's rent; and in case the said arrears shall exceed one year's rent, then the said party at whose suit such execution is sued out, paying the said landlord or his bailiff, one year's rent, may proceed to execute his judgment, as he might have done before the making of this act; and the sheriff or other officer is hereby empowered and required to levy and pay to the plaintiff as well the money so paid for rent as the execution money. [See Title 65, Distress.] 2.And whereas no action of debt lies against a tenant for Remedy life or lives, for any arrears of rent, during the continuance of against tenant such estate for life or lives,' Be it enacted, That it shall and for life. may be lawful for any person or persons, having any rent in arrear or due upon any lease or demise for life or lives, to bring an action or actions of debt for such arrears of rent, in the same manner as they might have done, in case such rent were due and reserved upon a lease for years. [See Title 109, Landlord and Tenant.-Title 65, Distress.] Rent-reditus-money, or other consideration, issuing yearly out of lands or tenements. Co. Litt. 141. It is considered as the price paid for the use of land. Smith's Wealth of Nations, vol. 1. p. 147. It must be certain, or reducible to certainty. See Co. Litt. 47. 2 BI. Com. 143. 5 TIT. 147. TITLE 147. Restitution. BE it enacted, That if any felon or felons hereafter do rob or take away any money, goods or chattels, from any of the king's subjects, from their person or otherwise, within this St. 21 H. 8. c. realm, and thereof the said felon or felons be indicted, and af A. D. 1529. 11. P. L. 46. Of stolen goods. ter arraigned of the same felony, and found guilty thereof, or otherwise attainted by reason of evidence given by the party so robbed, or owner of the said money, goods or chattels, or by any other by their procurement, that then the party so robbed, or owner, shall be restored to his said money, goods and chattels; and that as well the justices of gaol-delivery, as other justices, afore whom any such felon or felons shall be found guilty, or otherwise attainted, by reason of evidence given by the party so robbed, or owner, or by any other by their procurement, have power, by this present act, to award, from time to time, writs of restitution for the said money, goods and chattels, in like manner as though any such felon or felons were attainted at the suit of the party in appeal.* [See Title 81, Forcible Entry and Detainer.] TIT. 148. A. D. 1225. TITLE 148. Rights of the People. 1. NO freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outSt. 9 H. 3. c. lawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land. We will sell to no man, 4Bl.Com. 423. we will not deny or defer to any man either justice or right.'t 29. P. L. 26. 2 Inst. 45. * By the common law, a party could not be restored to his goods on an indictment at the suit of the king, to whom they were forfeited. This act amends the law in that respect; and being a beneficial law, executors and administrators are within its purview. 3 Inst. †This is part of the great charter of English liberty, first extorted from king John, at Runnymede, and afterwards confirmed by his son Henry third. The substance of it has been engrafted upon all the American Constitutions. "Or by the law of the land." Nisi per legem terræ-i. e. without due process of law; by indictment, presentment, &c. according to the course of the common law. This statute is, in this particular, declaratory of the common law. See 2 Inst. 53. 54. A writ of ne exeas regnum, pro bono publico, is agreeable to lex terræ: so arresting one without warrant, who by the common voice is deemed guilty. Ib. 2. And that no city, borough nor town, nor any man be TIT:148. amerced, without reasonable cause, and according to the quantity of his trespass; that is to say, every freeman, saving his A. D. 1275. freehold, a merchant saving his merchandize, a villain saving St.3 Ed. 1. c. §: his waynage, and that by his or their peers.' ** [2 Inst. 169. P. L. 28. Amercements to be reasona 3. Item. It is enacted, That no man from henceforth shall be attached by any accusation, nor forejudged of life or limb, ble. nor his lands, tenements, goods nor chattels seised into the A. D. 1331. king's hands, against the form of the great charter, and the St.5 Ed.3.c.9. law of the land.' P. L. 32. St. 28 Ed.3.c3 4. Item. That no man of what estate or condition, that he A. D. 1354. be, shall be put out of land or tenement, nor taken nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law.'† 5. Provided also, That this act or any enumerated statute A. A. 1712. or clause of any statute in the same contained, shall be con- P. L. 100. strued or extended to take away or abridge the liberty of con- Title 70, Li science, or any other liberty in matters ecclesiastical, from berty of Con any of the inhabitants of this province, but that the same may and shall be enjoyed according to the powers and privileges granted to the true and absolute lords and proprietors of this province, by their charter from the crown, and the several acts science. "Disseised of his freehold, or liberties”—that is, dispossessed of his lands or tenements, (liberum tenementum) which he holds in fee simple, or for life: (see Co. Litt. 6.) or deprived of his franchises and privile ges, or benefit of the laws. See 2 Inst. 47. "By lawful judgment of his peers"-that is, by a fair trial by a jury of his equals (pares), freemen, of equal condition, &c. 2 Inst. 28. And this jury ought to be of the vicinage, (visne, vicinetum), from the neighbourhood of the place where the freehold, &c lies. Anciently from the next vill or hamlet. See Bl. Com. &c. Or, according to our law, from the same district. * Before magna charta, private persons as well as cities and corporate bodies were amerced without cause; and though some have thought that the great charter extended to the mischief remedied by this statute, yet the practical exposition of it was otherwise, and even extended to the grievous oppression of individuals who did not come within the precise definition of liber homo. See 2 Inst. 169. "A villain saving his waynage." Villiens were a species of white slaves or bondmen, who were bound to perform menial and other ser vile offices. "Waynage, wainagium, (says Coke) cometh of the Saxon word wayna, a wain, or cart, wherewith the villien carried dung to cast upon his lord's manor lands." 2 Inst. 28. But all this concerns us little, who have a written constitution, which better provides for the preservation of our rights than this antiquated English statute. This statute is in confirmation of magna charta. "By due process of law," explains what is meant by "lex terra," in the great charter. It is remarkable that this great charter, the palladium of English liberty, which was with difficulty obtained from John, and his son Henry III. two of the meanest of the English kings, and which was afterwards repeatedly violated, was several times reluctantly confirmed (and those confirmations in a manner extorted, after many dishonourable evasions) by both Edward I. and Edward III. two monarchs of the greatest vigour and abilities, and the most warlike and ambitious that ever reigned in England. |