CHAPTER XII.

An Act for Qualification of Public Officers.

I. Whereas many Inconveniences may arise for want of Security being given by persons holding Offices in this Government for the faithful discharge of their Offices:

II. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of Carolina by & with the advice & consent of this present General Assembly now met at Little River for the No. East part of said province & the authority of the same.

III. It is Hereby Enacted that no person or persons other than such as are Commissionated by the True & Absolute Lords Proprietors of Carolina shall execute all or any the Offices of Profit or Trust within this Government till he has given Bond with sufficient Security within this Government for the faithful discharge of his Office which shall be taken payable to the Lords Props. their Heirs, Successors or Assigns & shall be entered upon record in the Council Book & the Original lodged in the Secretary's Office for the time being.

IV. And Be It Further Enacted by the Authority afores'd that whosoever shall after the Ratification of this Act execute any Office or place of Proffit or Trust within this Government contrary to the true Intent & meaning of this Act or without having first taken & subscribed the several Oaths which by the Laws & Statutes of the Kingdom of Great Brittain are & ought to be taken by all persons qualifying themselves for Post of Proffit & Trust within the said Kingdom shall forfeit & Pay Twenty pounds current money of this Province for each Month he shall so execute the same, to be recovered by Bill, Plaint, or Information, in any Court of Record within this Government one half to the Informer & the other half to the Vestry for the use of the Precinct or Parish where such default shall happen to be wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted of.

V. Provided allways that this Act shall not be construed, adjudged & taken to debar & hinder any Officer or Officers lawfully possessed of his Office & otherwise qualified so to do from constituting one or more Deputies as the nature of the Office may require; Anything herein before to the contrary Notwithstanding.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. WRIGHT.

CHAPTER XIII.

(Repealed by Act 4 April, 1741.)

An Act to Appoint Constables.

I. Whereas the regular appointing of Constables within the province is a matter of considerable consequence not only for the speedy & due performance of the several trusts reposed in them by the Acts of the General Assembly of this province but also for the more effectually preserving the King's peace & the better executing of all laws & Statutes made in order thereto. II. Be It Enacted by His Excellency the Pallatine & the Rest of the

True & Absolute Lords Propriets. of Carolina by & with the advice & consent of this present General Assembly now met at Little River for the No. East part of the said Province & the Authority of the same.

III. And It Is Hereby Enacted that the Justices of the Several Precinct Courts which now are or hereafter shall be Commissionated & Appointed within this Province shall yearly, & every year, at the next Court following after the first day of January make choice of so many discreet men of the same precinct to be Constables for the year Ensuing as they shall think necessary according to the bigness of the precinct: to which said constables so nominat ed & Appointed shall be administered all the necessary Oaths for the Qualification of Publick Offices together with the Oath next following, viz. You shall swear that you will keep the Peace of our Sovereign Lord the King well & loyally to your power, & that you will arrest all those that make Contest, Riott, Strife or Affray in breaking of the said peace; that you will faithfully & without delay Do & Execute all lawful Precepts to you directed, & to the best of your Knowledge demean yourself as by the Laws & Statutes of the Kingdom of Great Britain & the Acts of Assembly of this Province you shall be required.

IV. And Be It Further Enacted by the Authority Aforesaid that each & every Constable so nominated, elected & sworn, shall be & he is Hereby invested with all such Power, authority & immunities as to the same officer within the Kingdom of Great Britain does of right belong or appertain.

V. And Be It Further Enacted that upon the Death or Removal of any Constable out of the precinct where he was so nominated & appointed the said Justices or any two of them may elect & swear another new one to continue till the next Court after such death or removal, at which Court the said Justices are hereby required & directed to make choice of another or continue him that was so before appointed.

EDW'D MOSELEY

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. WRIGHT.

CHAPTER XIV.

(Repealed by Act 5 Dec., 1746.)

An Act relating to the Justices Court of Pleas, & to prevent the Commissioners & other Inferior Officers of the said Courts pleading as Attorneys.

I. It Enacted by His Excellency the Pallatine & Lords Proprietors of Carolina by & with the advice & consent of this present General Assembly now met at Little River for the No. part of the said province.

II. And It is Hereby Enacted that from henceforward there shall not be at one time more than one of the Lords Proprietors Deputies Commissionated to sitt as Judge or Justice in the General Court nor more than one of the said Deputies or Justices of the General Court commissionated to sitt or Act in any of the Precinct courts of this Government.

III. And Be It Further Enacted by the Authority aforesaid that no Commisrs, Sheriffs, Under-Sheriffs or Clerks of any Court within this Colony shall be permitted to plead as an Attorney in the Court where he officiates under pain of being fined the sum of Ten pounds-one half to the informer

& the other half to the use of the Publick (except it be in his or their own Cause or as Genl. Attorney, for persons out of the Government.

III. And Provided Also that this Act nor any thing therein contained shall not be construed or Adjudged to prevent or hinder any one of the Commrs. of any Court being assigned by the Court to plead the cause of any person hereafter to be admitted to sue in forma pauperis-such Commr, or Comrs. not giving judgment in the said cause, any thing herein before contained to the Contrary Notwithstanding.

An Act Ascertaining the Time & Method for the Executing & Return of Original Writts & For the Better Regulating divers proceedings in the Court of Pleas.

I. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Proprietors of Carolina by & with the advice & consent of the Genl. Assembly now met at Little River for the No. East part of the s'd prov.

II. And It Is Hereby Enacted that the Provost Marshall or His Deputy of any County or precinct within this Governt. shall on receipt of any Original Writt or Other Legal Process to him directed, make immediate service & Execution thereof upon the body of the Defendt, wherever to be found within his Liberty & at the time of Executing such Writt or Process shall take Bond with two good & sufficient securities for double the value for which the party shall be held in arrest: And that the Defendt. shall make his appearance at the next Court ensuing the Executing of such Process, & shall then & there make answer to the Pltfs Declaration & abide by the judgment of the Court thereon & not depart the Court without License.

III. And Be It Further Enacted that if the Defendt. make Default in not appearing according to the purport of the said Writ or Process; Judgment shall then pass against the Securitys for the Thing in Suit with Stay of Exe. cution till the next Court: And in case the said Marshall shall neglect taking such security, or shall not return the Bond so taken, or shall take Insolvent Securitys, then & in such case the Pltf. shall be at his choice either to have an Order against the Marshall with Stay also of Execution till next Court or an Attachment against the Defdts. estate as before is granted against the Securitys (if taken) & in default of Appearance the next Court the first Judgment or Order shall be affirmed.

IV. And Be it Further Enacted that in all such cases as the Pltf. shall make choice of an Order against the Marshall the said Marshall shall upon Motion have an Attachment against the Estate of the Party Not Appearing & Judgment thereupon for all Damages & Cost which shall any wayes Accrue to him by Virtue of the said Orders being Confirmed against him & also the sum of Four Shillings and Two Pence as a Fee for the said Order

being granted against him which said fee shall be hereby charged to the Defdt. & not the Pltf as formerly.

V. Provided always & it is the true Intent & Meaning of this Act that no Judgment shall be affirmed either against the Securities taken or against the Marshall or Against the Defdt. upon Non Appearance after Attachmt. returned until the party Pltf. (if in Action by Bill, Bond conditioned for payment of Money or Book-debts or such like wherein no imparlance at any time hereafter shall be granted without special reasons to be admitted of by the Court) shall by his own Oath or the Oaths of other Evidences make sufficient proofs of the said debt, & if in any other action than a Writt of Inquiry shall be awarded returnable to the first day of the next Court which Writt so returned shall be executed in open Court & Judgment thereupon given for what shall thereby be found in Damages & for Cost to be then taxed by the Court.

VI. And Be It Further Enacted that if the Marshall or Deputy shall negiect of executing of any Writt or Writts Issuing out of the General Court which shall be delivered to him Twenty days before the Court's sitting & likewise all & every Writt & Writts issuing out of the Precinct Court which shall be delivered Ten dayes before the said Court's sitting that then the said Marshall or his Deputy to whom the same shall be delivered shall for every such Neglect at the Motion of the Pltf. proving such delivery be Amerced to pay to the party grieved all such Cost as have Accrued to Him by the taking out of such Writt or Process unless the said Marshall or Deputy shall give such sufficient reasons to the Court for such his neglect as thereby the said Court shall approve such Amerciament to be unreasonable.

VII. And Be It Further Enacted by the Authority afors'd that if any per. son shall abscond or withdraw himself to prevent the executing of any Writt or Process upon his Body in manner as it is before directed by this Act that then it shall & may be lawful & the said Provost Marshall or his Deputy is & are hereby required & directed to repaire to the House or place of the Deputy's abode & there to leave a true copy of the Writt & Declaration attested by himself with any person of the same family which Writt so served & returned shall be adjudged & taken to be a Lawfull arrest & in case the party so arrested shall not appear & Answer at the next Court Attachment shall be awarded against his Estate & in default of appearance at the second to Replevin the Attachment then such proceeding may be had thereon as are before in this Act described.

VIII. And Be It Further Enacted by the Authority aforsd. that upon suspicion of any person's Intention to remove out of the Country where he dwells in order to conceal or withdraw himself out of the Country any Justice of Peace may at the prayer of any party Pltf. Issue out an Attachment against so much of the Defts. Estate as by the claim made shall appear to be due to any Creditor repleviable upon security given; which Attachment when executed shall be returned by the Officer executing the same to the Court whereof the said Justice is a Member which Return shall be the leading process of that Action. Provided always that the said Provost Marshall, nor his Deputy, nor any person or persons whatsoever shall serve or execute. or cause to be executed or served, any Writt, Process, Warrant, Order, Execution or Decree, (except in cases of Treason, Felony,, or Breach of the Peace) upon the Sabbath Day, the 30th of January & the 22nd day of September nor at the dayes of Genl. Muster or Election of Burgesses nor at any Court within this Government, during the sitting of the Court, nor the day the next preceding the Opening of the Court, or the day following its

conclusion unless it be on the Bodys of such persons as have no business at all which may require their attendance at that Court and the person or persons so serving or Executing the same shall be Liable to the Suit of the Party Grieved & to Answer Damages to him for so doing as if he had done the same without any Writt, Warrt., Order Execution or Decree at all.

IX. And Provided Also that all Writts & Process issuing out of the Genl. Courts shall be Executed within Ten Days before the sitting of the court to which such Writts are Returnable and all Writts Issuing out of the Precinct Courts be Executed at least Five dayes before the Courts Sitting & Declarations delivered thereupon, otherwise such Process & service to be Void & the Action or Actions to be Dismissed with Costs.

X. And Be It Further Enacted by the Authority aforesd. that in all cases where the Pltf. shall be Non-Suite or where a Verdict shall pass for the Debt, the Pltf, except he sue as Executor or Adminr. shall pay to the Defdt. if the suit was in the Genl. Court Eight Shillings & Four Pence & if in the Precinct court Four shillings & Two pence besides all other Cost & shall be Barred all other Action or proceeding in that Case untill the same be paid.

CHAPTER XVI.

An Act to Direct the Method to be observed in the Examination & Committment of Criminals.

I. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props, of Carolina-by & with the advice & consent of this present Genl. Assembly now met at Little River for the No. east part of the said province.

II. And Be It Hereby Enacted that from henceforward no person within this province shall be committed to prison for any Criminal Matter until Examination thereof be first had before some Magistrate, which Magistrate before he shall sign a Mittimus or shall admit the party to. Baile (if Bailable) shall record the Examination of the Party & also the full matter given in evidence both against and for him with all concurring circumstances & shall take recognizance with good Sufficient Security to our Sovereign Lord the King for the Informer to appear & prosecute as the Laws of the Kingdom of Gt. Britain do direct & Likewise for all evidences for the King to appear & give evidence against the Criminal at the next General Court ensuing such Committment, which Examination & Recognizances so taken shall be returned to the Office of the Court wherein the Matter is Issuable under the Penalty of Five Pounds for every Neglect; one half to the Lords Props. & the other half to him or them that shall sue for the same to be recovered in any Court within this Government by action of Debt, Bill or Information wherein no essoign protection, Injunction or Wager of Law shall be allowed or admitted of.

EDW'D MOSELEY,
Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT,