DIGEST OF THE Statute Law OF SOUTH CAROLINA. TITLE 108. Lands. TT. 108. No claim or 1. AND be it enacted, That from and after the said first day of Trinity term, no claim or entry to be made of or upon any lands, tenements, or hereditaments, shall be of any force A. D. 1705. or effect to avoid any FINE* levied or to be levied with proclama- St. 4 An. c. 16. tions, according to the form of the statute in that case made P. L. 96. and provided in the queen's court of common pleas at Westminster, of any lands tenements or hereditaments, or shall be force to avoid a sufficient entry or claim within the statute made in the twen- fine levied ty-first year of king James the first, entitled, An act for limi- with procla tation of actions, and for avoiding of suits in law, unless upon mations, &c. such entry or claim, an action shall be commenced within one tion be com year next after the making of such entry or claim, and pro- menced in one secuted with effect. unless an ac. c. 7. year after 2. And from and after the said twenty-ninth day of Sep- such entry tember, 1732, the houses, lands, negroes and other heredita- made. ments and real estates, situate or being within any of the said A. A. 1759. plantations belonging to any person indebted, shall be liable St. 5 Geo. 2. to and chargeable with all just debts, duties and demands of P.L. 250. what nature or kind soever, owing by any such person to his Made liable to najesty or any of his subjects, and shall and may be assets satisfy debts, for the satisfaction thereof, in like manner as real estates are by the law of England liable to the satisfaction of debts due al estate. Fine-finis. A final agreement, or conveyance of record, of lands, &c. Anciently it was a determination of a real suit; afterwards it became a feigned action upon a writ of covenant, in order to assure the title of lands, and cut off entails. Fines are levied or acknowledged in a court of record, according to the stat. de finibus 18 Ed. 1. which is not of force here. There is a great deal of learning in the books on this subject, which is altogether useless to us in this country. VOL. II. &c. as person TIT. 108. A. A. 1784. P. L. 334. What public lands shall be granted; and in what mode and upon by bond or other specialty, and shall be subject to the like remedies, proceedings and process in any court of law or equity, in any of the said plantations respectively, for seizing, extending, selling, or disposing of any such houses, lands, negroes, and other hereditaments and real estates, towards the satisfaction of such debts, duties and demands, &c. in like manner as personal estates in any of the said plantations respectively are seized, extended, sold or disposed of, for the satisfaction of debts.* 3. Whereas the granting of the vacant lands of this state will be greatly conducive to its strength and prosperity, by increasing the agriculture and population thereof: Be it enacted, That all the lands lying and being to the north-west of the ancient boundary line heretofore established between the Cherokee nation of Indians and this state, running from Savannah what conside- river north fifty degrees east to Reedy river, and then due north until it intersects the North-Carolina boundary; shall be granted and sold for the sum of ten pounds sterling for every one hundred acres, in the manner and form, and under the several regulations and restrictions herein after mentioned. [Altered by A. A. Feb. 1791. See within.] rations. 4. Any person or persons who have located lands within the ancient limits of this state, on or before the first day of January, 1775, on warrants of survey legally obtained, and were prevented from procuring grants of the same, by the abolition of the British government, or other good and sufficient causes, which shall appear upon oath, to be made before the commissioner of locations of the district where such lands were located, within six months after the passing of this act, shall, and they are hereby entitled to grants for the said lands: And that any persons who have settled vacant lands within the ancient limits of this state, and have been prevented by the aforesaid reasons from surveying and obtaining grants for the same, shall be, and they are hereby entitled, for the term of six months, to the preference of the said settled lands; and that all lands coming within the above description, and also all other va * In the case of D'Urphey v. Neilson, determined in the constitutional court of appeals, at Columbia, Nov. 1803-the construction given to this statute was, First: That lands of the debtor are made liable for all his debts, and are made assets for satisfying the same, in like manner as real estates are liable in England by specialty: i. e. 1. The lands are liable from the time of the judgment rendered against the debtor himself, if judgment be recovered in his life time. 2. They are made liable in the lands of the heir though he is not named in the contract; and though the contract be simple and not in writing. 3. They are liable, or rather the heir is answerable for their value if aliened by him before suit brought. Secondly: The lands of the debtor are made subject to like remedies for seizing and disposing thereof for his debts, in like manner as personal estates in the plantations are seized and disposed of for satisfaction of debts; that is to say, they may be taken by writ of fieri facias and sold, &c. cant lands within the limits of this state, shall be granted and sold for the sum of ten dollars per one hundred acres. [Altered -see within.] TIT. 108. A. A. 1784. ers of loca 5. A commissioner of locations shall be appointed in each P L. 334. circuit court district, who shall take and receive the original Commissionentry of all vacant lands, lying and being within the ancient tions to be apboundaries of such district (except for the district of Ninety-pointed. six, where two commissioners shall be appointed, one to re- Their duty, side on the north side of Saluda river, and the other to reside &c. on the south side of the same river, and which said river shall be the division line between the said two commissioners) for which a warrant of survey shall be demanded, and shall thereupon issue such warrant of survey, directed to some deputysurveyor, authorizing and requiring him, within two calendar months from the date of such warrant, to lay off and locate the lands directed to be surveyed; which said warrant, when executed, together with a true and correct plat of the survey, shall be received by the said commissioner, who shall make a fair record of the same, and within three months after such return, shall transmit the original plat to the office of the surveyor-general of the state for the time being, where the same shall be delivered. 6. Each and every of the said commissioners of locations P. L. 335. shall be appointed in the same manner as the surveyor-gene- Commissionral is by law to be appointed, and shall enter into bond for ers shall be the faithful discharge of his duty, together with two good and appointed as the surveyor sufficient securities, in the full and just sum of ten thousand general, and pounds sterling, payable to the treasurers of this state for the shall enter intime being, in trust, and to and for the use of this state; and to bond, &c. shall also at the same time before some magistrate take and subscribe the following oath of office : I, A. B. do solemnly swear, (or affirm) that I will well and Form of their faithfully execute the office of commissioner of locations for oath. the district of without giving a preference to any through favour, fear, or reward, according to the best of my skill and ability. So help me God. ed, &c. 7. The surveyor-general of this state, on the return of the Surveyor-geentry and plat of survey to his office from the office of com- neral to make missioner of locations, shall make out a plat of the lands sur- a plat of the lands surveyveyed as aforesaid, and record and transmit the same certified to the office of the secretary of the state, who shall cause And cause a a grant to be prepared for the same, and the great seal affixed record of thereto; and shall within three months thereafter cause a fair grants to be record of all such grants to be made and kept in his said office kept in his with alphabetical indexes; and on every third Friday in the office. months of January, April, July, and October, the said secretary of the state, on the said days respectively, shall lay before his excellency the governor for the time being, all such grants by him prepared as aforesaid, who is hereby empowered and directed to sign the same, and thereupon deliver them to the secretary of the state, to be delivered to the respective grantees, or to their order: Grants to be signed by the governor. 8. Provided, That in all cases previous to the signing of Proviso. the said grants, where there shall appear to be any fraud or A. A. 1784. TIT. 108. collusion in the progress of the said entry, warrant and survey, the governor and commander in chief for the time being, [and any five members of the privy council,] shall have full. power and authority to cause all parties to appear before them, and without delay, in a summary manner, decide in such, as to justice and equity shall appertain. [Altered-see within.] Deputy-sur an oath. 9. The said deputy-surveyors of the respective districts veyors to take shall take the same oath, or affirmation of office on their appointment, and in the same manner as is herein before prescribed to be taken by the commissioners of locations, before they shall be qualified to locate any warrant of survey, under the penalty of being for ever disabled to act in the said office; Their duty. and shall also, within three calendar months from the date and delivery of all warrants of survey to them directed, well and faithfully locate and survey the same, and return a fair and correct plat thereof to the office of commissioners of locations from whence the same had issued: and the said deputy-surveyors are hereby required, authorized, and empowered to administer the following oath to the chain-carriers, to wit:- I, A. B. do solemnly swear, (or affirm) that I will well and truly execute the employment of chain-carrier, with out favour or affection. Oath to be taken by chain carriers. Vacant lands lying on creeks or rivers shall be laid off four chains back from said creek, &c. P. L. 336. Fees to be ta ken by com. missioners of locations and deputy-surveyors. 10. On all creeks or rivers, navigable for shipping or boats, whereon any vacant lands shall lie, the deputy-surveyors shall, and they are hereby directed, to lay off the same bymeasuring four chains back from such river or creek, for every one fronting on and bounded by the same; and all surveys not made and regulated by this rule, and any grants which may be obtained thereupon, are hereby declared to be null and void to all intents and purposes. 11. The following fees, and no other, shall be demanded or taken by the commissioners of locations and deputy-surveyors who shall make out a table of the same and keep pasted up in some conspicuous part of their offices; and each and every of the said respective officers who shall demand or receive any greater or other fees than are allowed by this act, each and every such person shall be liable to an indictment for extortion, and on conviction thereof, shall pay a fine of one hundred pounds sterling, one half to be paid to the prosecutor, and the other to the treasurers for the time being, for the use of this state. Commissioners of Locations. 12. For receiving applications, making entries, and granting warrants of survey, under hand and l. s. d. seal of office, For receiving returns of, and recording plats Deputy-Surveyors. 13. For surveying every acre, a half penny sterling. For running of old lines for any person, or be 048 0 7 0 0 11 8 |