SOUTH CAROLINA. Constitution adopted, 1790.-Square Miles, 25,200.-Population in 1850, 668,457. Exemptions. THERE is in this state exempted from levy and sale on execution the following articles, namely: to each family two beds and necessary bedding; two bedsteads; one spinning-wheel, and two pairs of cards; one loom, and one cow and calf; if a farmer, the necessary farming utensils; if a mechanic, the tools of his trade; the ordinary cooking-utensils, and ten dol lars' worth of provisions. Mechanics' Lien. EVERY master-mechanic, handicraftsman, and artificer, who shall erect, improve, or repair any building, shall have a lien thereon for the amount justly due him therefor. A memorandum, in nature of a contract, must be signed in presence of one or more witnesses, by the parties to such contract and the proprietor of the premises or his lawful agent, containing a particular account of the work to be done, the materials to be furnished, and a general description of the premises, and recorded in the office of the register of mesne conveyances for the district in which such buildings are. The lien shall be in no case for a greater sum than the just value which such building or improvement shall give to the land. The lien to commence from the recording of the contract, and to continue only for three years. This not to impair any prior lien. Chattel Mortgages. No mortgage of personal property shall be valid so as to affect the rights of subsequent creditors or purchasers, for a valuable consideration, without notice, unless the same shall be recorded in the office of the register of mesne conveyances for the district where the mortgager resides. If he reside without the state, then where the property mortgaged is located at the time the mortgage is executed, within sixty days; and if the property consists of one or more slaves, then also in the office of the secretary of state, within sixty days. In the districts of Charleston and Richland, they shall be recorded in the office of the secretary of state only. Law regulating Contracts. PROMISES by executors or administrators to bind their own estate; by any one to pay the debt of another, or in consideration of marriage, or for any interest in lands, except leases not exceeding three years, or that are not to be performed within one year from the making thereof, are void, unless the agreement or some memorandum thereof be put in writing, and signed by the party to be charged or some one lawfully authorized. Limitation of Actions. ALL titles to lands or possessions for seven years shall be good against all claims whatsoever. Persons beyond seas allowed three years. Any person may prosecute his right to land within ten years; persons beyond seas, married women, and persons imprisoned, have seven years; minors have five years after their majority. In actions to try titles to land, if the plaintiff or claimant discontinue, or suffer a nonsuit verdict or judgment against him, or in any other way let the first action fall, he may bring a second action within two years; otherwise he is barred. The second action is final. Actions of trespass quare clausum fregit, trespass, detinue, trover, replevin, debt, covenant, and case, must be brought within four years. Actions of trespass of assault and battery, and imprisonment, must be brought within one year. Actions of slander must be brought within six months. Collection of Debts. ATTACHMENT.-Attachment may issue against the property, real and personal, of a non-resident debtor, or a debtor who absconds, or who is removing out of the district, or who conceals himself so that process can not be served upon him. ARREST. A debtor, about to abscond before the maturity of the debt, may be held to bail. A debtor may be held to bail in any case where the debt exceeds thirty dollars and sixty-two cts., upon affidavit of the fact being annexed to the writ or process. Deeds. ACKNOWLEDGMENTS of deeds by the grantor on proof of their execution by one of the subscribing witnesses may be made before any magistrate. Conveyances should be immediately recorded in the office of the register of mesne conveyances of the district where the land lies. In Charleston district there is a special register; in all the other districts the clerk of the court acts as register. They may be acknowledged, out of the state, before commissioners appointed by the governor for that purpose. A scrawl of the pen may be used for a seal. The conveyance must be attested by two witnesses. The wife may release her dower, if she be of lawful age, in the premises conveyed by her husband, by going before any judge of the court of common pleas or magistrate for the district in which she may reside or the land may be and acknowledge before him, upon a private and separate examination, that she did freely and voluntarily, without any compulsion, dread, or fear, of any person whomsoever, renounce and release her dower to the grantor, his heirs and assigns, in the premises mentioned in such deed. A certificate, under the hand of the woman and the hand and seal of the magis trate, shall be endorsed upon such release, and recorded in the office of mesne conveyances, or office of the clerk of the county court in the district or county where the land lies. Form of Acknowledgment by a single man. The State of South Carolina, Charleston District. I, JOHN JONES, one of the judges of the court of common pleas, do hereby certify that JOHN DOE did this day appear before me and acknowledged that he did sign, seal, and deliver, the within conveyance unto the within-named JAMES SMITH, as his free act and deed. ‣ Given under my hand and seal, this thirtieth day of April, Anno Domini one thouBand eight hundred and fifty-one. JOHN JONES (Seal.) Form by Statute for Release of Dower. The State of South Carolina, I, JOHN JONES, one of the judges of the court of common pleas, do hereby certify unto all whom it may concern, that SUSAN DOE, the wife of the within-named JOHN DOE, did this day appear before me, and upon being privately and separately examined by me, did declare that she does freely, voluntarily, and without any compulsion, dread, or fear, of any person or persons whomsoever, renounce, release, and for ever relinquish unto the within-named DUNN BROWN, 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 thirtieth day of April, Anno Domini one thousand eight hundred and fifty-one. SUSAN DOE. (Seal.) JOHN JONES, Judge. Form for Renunciation of Inheritance. The State of South Carolina, Charleston District. I, JOHN JONES, one of the judges of the court of common pleas, do hereby certify unto all whom it may concern, that SUSAN DOE, the wife of the within named JOHN DOE, did this day appear before me, and upon being privately and separately examined by me, did declare that she did actually join her said husband in executing the within release, and that the same was positively and bonafide executed, at least seven days before this her examination, and that she did then, and still does at this time, freely, voluntarily, and without any manner of compulsion, dread, or fear, of any person or persons whoinsoever, renounce, release, and for ever relinquish, unto the within-named JAMES SMITH, his heirs and assigns, all her estate, interest, and inheritance, in all and singular the premises within mentioned and released. Given under my hand and seal, this thirtieth day of April, Anno Domini one thousand eight hundred and fifty-one. SUSAN DOE. (Seal.) JOHN JONES, Judge. Rights of Married Women. THE common law in regard to the rights of married women prevails in this state, except that marriage-settlement deeds must be recorded in the office of the secretary of state, and register of mesne conveyance within three months after their execution. Rate of Interest. THE legal rate is seven per cent. The party reserving more, forfeits the entire interest, and must pay the costs. Wills. WILLS must be in writing, signed by the testator, or some person in his presence and by his express direction, and attested and subscribed in the presence of the testator by three or more competent witnesses. For form of attestation, see page 163. GEORGIA. onstitution adopted 1798.-Square Miles 61,500.-Population in 1850, 877,897. Exemptions. THERE are exempt from attachment and sale on execution, two beds and bedding, common bedsteads, a spinning-wheel, and two pairs of cards; a loom, common tools of the debtor's trade, and ordinary cooking-utensils; thirty dollars' worth of provisions, and the family Bible; a cow and calf; one horse or mule, the value of which shall not exceed fifty dollars; also ten head of hogs: and the same privileges are extended to all widows and their families, during their widow hood. Homestead-Exemption Law. EVERY white citizen of this state, male or female, being the head of a family may own, free from levy and sale by virtue of any judgment, order, or decree, of any court of law or equity in this state, founded on any contracts made after the first day of May, one thousand eight hundred and forty-two, or any process ema nating upon the same, twenty acres of land, and the additional sum of five acres for each of his or her children under the age of fifteen: Provided, that the same, or any part thereof, be not the site of any city, town, or village, or of any cotton or wool factory, saw or grist mill, or of any other machinery propelled by water or steam. The twenty acres thus exempted shall include the dwelling-house and improvements of the original tract, provided the value of such dwelling-house and improvements shall not exceed $200-extended to cities, towns, and villages. From and after the passage of this act (December 22, 1843), the amount of fifty acres of land to the head of each family is exempt from levy and sale by virtue of any judgment, order, or decree, of any court of law or equity in this state, founded on any contracts made after the first day of January, one thousand eight hundred and forty-four, except the same shall be for the purchase-money of said land, for the payment of which said land shall be bound. The same property is likewise exempt from attachment. Mechanics' Lien. EVERY mason or carpenter, building or repairing any house, shall have a lien on the same, if he, within three months from the time the same is completed, cause to be recorded in the clerk's office of the county where such building may be, his claim thereon. Within twelve months from the time his debt is due, he must institute a suit to enforce his lien. All persons, employed in any capacity whatever, on all steamboats and other water-craft engaged in the navigation of the Chattahooche, Altamaha, Ocmulgee, Savannah, and Flint rivers, also those who furnish wood and provisions to said steamboats and water-craft, shall have an exclusive lien on the same for their debt, if they prosecute the collection within twelve months after it is due. |