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sheriffs, jailers, and coroners, within the several counties in this State, from the insolvency of prisoners, or for the maintenance of criminals, or in the case of coroners, for the payment of all fees which have or may become due such coroners for holding inquests on the bodies of persons found dead, and whose estate shall prove insufficient to discharge the legal fees: Provided, That all fees for holding inquests on The owners the body of slaves, shall be paid by the owner of such slave or slaves; ner's fees on and it shall be the duty of the collector of the general tax, to collect negroes. and pay into the hands of the clerk of such courts, the amount of taxes lected and so assessed and collected, by order of the justices aforesaid; which said applied. amount shall be applied to the payment of such fees as may or have become due to such sheriffs, jailers, and coroners, as aforesaid; and the collector shall be allowed the same commissions and fees for such collection as is allowed by law for the collection of the general tax, and shall be liable to the same fines and forfeitures for any default, neglect, or improper conduct, which said fines and forfeitures may be imposed by the justices of the inferior courts at their discretion.

Sec. II. [Repeals the act of 1796, (Vol. I. 234.) and all other repugnant acts.]

An Act to regulate the fees of clerks of the courts of ordinary, in certain cases.-Approved Dec. 20, 1824. Vol. IV. 113.

36. From and after the passing of this act, the clerks of the courts Fees of the of ordinary in this State shall be, and they are hereby entitled to demand and receive the fees hereinafter stated;

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Clerk in certain cases prescribed.

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37. Sec. II. In all other cases, where services are required to be In certain performed by the several clerks of the court of ordinary in this State, ceive samne and no fees are given by law, the said clerks shall be entitled to and fees as Clerks of Superior receive the same fees as clerks of the superior and inferior courts are Cour allowed for similar services; any law to the contrary notwithstanding.

An Act to alter the jury's and attorney's fees in this State.-Approved

Dec. 21, 1830. Pam. 123.

38. In each civil case, tried in the several courts of record of this Jury fee $3. State, the jury fee shall be three dollars, and the attorney's fee shall be Atto's, $2. two dollars.

An Act to be entitled an act, the more effectually to compensate jurors

and to explain an act assented to, the 21st day of Dec. 1830, entitled

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an act to alter the jury's and attorney's fees in this State."-Approved Dec. 24, 1832. Pam. 114.

39. On all actions hereafter to be commenced in the superior or

Jury $1 on confession.

Atto's fee

never more

than $2.

May issue

execution for his fees.

aminations.

Trial of slaves.

Forcible entry and detainer.

inferior courts of this State, the fee of the jury shall be three dollars on all verdicts which may be signed, and that on all judgments which may be confessed in said courts, the jury fee shall be one dollar, to be paid by the party taking such verdict or judgment, to be taxed in the bill of costs.

40. Sec. II. No part of the above recited act, or any existing law in relation to attorney's tax fees, shall be so construed as to entitle any attorney to a greater tax fee than two dollars in any one case.

Sec. III.

by repealed.

All laws and parts of laws repugnant to this act are here

An Act to prescribe and point out the mode of collecting coroners' fees in the several counties of this State. - Approved Dec. 22d, 1835. Pam. 90.

Whereas, the laws of this State defining the duties of coroners in taking inquests on the body of a dead person, and also defining their fees, have not pointed out any mode for the collection of those fees; for remedy whereof—

41. Sec. 1. Be it enacted, &c. That from and after the passage of this act, it shall and may be lawful for the coroners in this State to issue executions against the property of the person or estate, who by the existing laws are liable, in case of inquisition, for the amount of his fees in said case; which shall be directed to, and levied by a constable of the county, under the same rules and regulations as prevail in justices' courts in this State.

Sec. II. The coroner shall be entitled to thirty-one and a fourth cents for issuing said execution.

Sec. III. [Repeals all repugnant acts.]

An Act to compensate magistrates and constables for services required of them, which are unprovided for by law, and have no property to seize upon for the payment of costs.-Approved Dec. 26, 1835.

Pam. 143.

42. Sec. I. From and after the passage of this act, magistrates and constables, for the county or State, shall, in addition to the fees already allowed, receive the following fees for services hereinafter mentioned, Criminal ex- that is to say: justices of the peace taking examinations of persons charged with criminal offences and witnesses, twenty-five cents each; issuing summons to magistrates to attend on the trial of slaves or free persons of color, twenty-five cents each; magistrates for attending said trial, provided the court consist of not more than three, to be charged seventy-five cents each; presiding with a jury to the offence of forcible entry and detainer under the fifteenth section of the ninth division of the penal code, seventy-five cents; for issuing summons to the party defendant, twenty-five cents; drawing jury and making out venire, Rent cases. fifty cents; for issuing process under the act to amend the rent laws of this State, passed December, 1827, one dollar; constables attending at a magistrate's office during the examination of a person charged with a criminal offence, seventy-five cents; serving summons on magistrates to attend trials of slaves or free persons of color, twenty-five cents each; bringing up prisoner from jail for trial or examination, fifty cents; attending on the superior or inferior court while in session, for each day's attendance, not exceeding four constables on one day, one dollar each; summoning jury under the fifteenth section of the ninth division of the penal code, one dollar.

Constable's

ees..

Sec. II. [Repeals all conflicting acts.]

FOREIGNERS.

An Act for ascertaining the rights of Aliens, and pointing out a mode for the admission of Citizens.-Approved Feb. 7, 1785. Vol. I. 38.

Whereas the many advantages and peculiar blessings which this State enjoys may induce foreigners to apply for a participation thereof; And whereas, it is the intention of the legislature to confer those benefits on all such as may apply and do merit the same :

secured.

1. Sec. I. Be it enacted, &c. That all free white persons, being Rights of aliens, or subjects of any foreign state or kingdom at peace with the aliens, how United States of America, who shall register or enrol their names in the office of the clerk of the superior court of the county where such aliens purpose to reside, may be, and they are hereby vested with the May acquire and enjoy rights and privileges of acquiring, possessing, or holding, and selling, personal prodevising, or otherwise disposing of all kinds of personal property, and perty, renting houses or lands from year to year, and shall have the right of and may sue suing for all such debts, demands, or damages, other than for real for debts that estate,* as may arise or have arisen since the 12th day of July, 1782, since 12th Jueither personally, or by attorney, or otherwise, and in case of death, ly, 1782. by his, her, or their executors or administrators.

Sec. II. [Prescribes the mode of naturalization-superseded by the constitution of the United States, Art. I. Sec. 8.]

have arisen

ties of such

2. Sec. III. Provided always, and be it enacted, That no such Privileges person shall be a member of the general assembly, or of the executive and disabili council, or hold any office of trust or profit, or vote for members of the persons. general assembly for the term of seven years, and until the legislature shall, by a special act for that purpose, enable such person so to do: And provided also, that all such aliens or persons aforesaid, shall be subject and liable to pay such alien duties, as have been heretofore or may hereafter be imposed by the legislature.

the bill of confiscation

and banish

ment not to

rights grant

3. Sec. IV. No persons on any act of confiscation and banishment Persons on in this or either of the States, nor any persons who have borne arms against this or the United States, that were citizens of this or either of the said States, during the war, shall avail him or themselves of any of avail themthe rights, privileges, or immunities intended to be given or conferred selves of the by this act, except such persons as may have availed themselves of ed to aliens. coming in during the late war, under certain proclamations issued, and that may have been adopted and sanctioned by the legislature : Provided likewise, that this act shall in nowise extend, or be construed to extend to oblige such persons who may have applied to become citizens of this State, to undergo the probation herein set down or contained.

of persons

4. Sec. V. If any person or persons under the age of sixteen years, Disabilities shall, after the passing of this act, be sent abroad without the limits of educated in the United States, and reside there three years, for the purpose of foreign coun, receiving an education under a foreign power, such person or persons, after their return to this State, shall for three years be considered and

* But as to British subjects, see the 9th article of the treaty of amity, commerce, and navigation, with that power, dated 19th November, 1794. And as to Spanish subjects, see the 11th article of the treaty of 20th October, 1795, 1 Gray. App. 25, 53. And see further as to aliens, Tucker's Blackstone, Vol. I. Part 2d, Note L.

+ Such persons are also excluded with others from the naturalization act of congress (sec. 4,) of April 14, 1802. See 1 Grayd. 311.

tries.

Foreigners

authorized to

the same.

treated as aliens, in so far as not to be eligible to a seat in the legislature or executive authority, or to hold any office, civil or military, in the State for that term, and so in proportion for any greater number of years as he or they shall be absent as aforesaid, but shall not be injured or disqualified in any other respect.

An Art for the security of Foreigners, who may lend money at interest, on real estates.-Approved Feb. 21, 1785. Vol. I. 243.

Whereas the borrowing of money on interest from foreigners may benefit this State, and it is but reasonable, that any foreigner lending money should be secured on real estates by way of mortgage, and at liberty to institute suits for the recovery of all sums, as well principal as interest, so loaned :

5. Sec. I. Be it enacted, &c. That it shall and may be lawful for take mort- every and all persons, being aliens, to lend money at an annual interest gages of land of seven per centum on freehold or leasehold security, by way of mortfor security of money gage, on any estate within this State, and such money, whether the loaned, and kingdom or state of which such money-lender is a subject or alien, to foreclose shall be at peace or in war with the United States, to recover, sue for, by attorneys, or otherwise in the courts of this State, and where judgment is obtained, execution shall be awarded for the sale of such mortgaged premises, for payment of the debt and interest due thereon, with costs of suit, as is common with the citizens of this State, (except such foreigner be entitled to the right of entry or actual possession of any such mortgaged premises by purchase, or by any process for foreclosing any equity of redemption, by order of any court whatever,) any law or custom to the contrary notwithstanding.

French subjects enabled

which are

scendable

Sec. II. [Declaring this a public act-see Evidence 20, making all acts public if published by authority.]

An Act to enable the subjects of his Most Christian Majesty, to transfer and settle such of their Estates and Property as is or shall happen to fall within this State; and also to perfect the Grant of 20,000 acres of land in this State, to the Vice-Admiral the Count D'Estaing, and to encourage the settlement thereof.-Approved Feb. 22, 1785. Vol. I. 243.

Whereas the congress of the United States of America on the 14th day of January, 1780, did resolve, That it be recommended to the legislatures of the aforesaid United States, to make provision, where not already made, for conferring on the aforesaid subjects of his most christian majesty, the privilege of disposing and settling their estates agreeably to the form and spirit of the 13th article of the treaty of amity and commerce between his most christian majesty and the United States of America.

6. Sec. I. Be it enacted, &c. That the subjects of his most christo dispose of tian majesty shall be, and they are hereby empowered to transfer and their estates, dispose of such of their estates and property as shall happen to be made de- within the limits of this State, and that the estates and property of such of said subjects as are or may be deceased, and who were not citizens according to the laws of of this State, being within the State, shall descend to, and become the such subjects estate of the heirs and legal representatives of such deceased person, entitled to all according to the laws, usage and custom of the kingdom of France specified in relative thereto, and such estate so descending shall and may be settled agreeably to the laws that are or shall be made relative thereto, without being obliged to obtain letters of naturalization; and that the aforesaid

France. And

the rights

the treaty.

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subjects of his most christian majesty shall have, hold, and enjoy, on their part, within this State, the privileges and immunities mentioned in said articles of treaty, according to the form and spirit thereof.

And whereas the general assembly of this State resolved, that grants of 20,000 acres of land should issue to the vice-admiral, the count D'Estaing, in testimony of their respect for his meritorious services,

20,000 acres

D'Estaing,

7. Sec. II. Be it enacted, &c. That the vice-admiral the count of land grantD'Estaing be, and he is hereby empowered and qualified to receive and ed to count hold the grants of land aforesaid, and he is hereby admitted to all the and he admitprivileges, liberties, and immunities of a free citizen of this State, rights of a agreeably to the constitution.

And, (to encourage and promote the settlement of the said land,)

ted to the

citizen.

State.

8. Sec. III. Be it enacted, &c. That any person or persons, being How French subjects may a subject of his most christian majesty, who is properly introduced become citi with a design to become an inhabitant of this State, such person or zens of this persons shall, after three years' residence, or in case of intermarriage with a citizen of this State, or either of the United States, after one year's residence and taking the oath of allegiance and fidelity, be admitted to all the liberties, privileges, and immunities of natural born citizens of this State, any law, usage, or custom to the contrary notwithstanding.

An Act to prevent Felons, transports from other States, coming into or residing in this.-Approved Feb. 10, 1787. Vol. I. 234.

trans

9. In order to prevent the dangerous evils arising from the com- Felons transported from munication with felons, transported from other states or nations, other governwhereby the morals of many, who would otherwise be good citizens, mente ineligible to any may be corrupted, That from and immediately after the passing of this office, or priact, no person or persons, felons from other countries or states, vilege of a freeman of ported or banished from the same for any crime or charge whatever, this State. shall be eligible to any post or office of trust or profit, or be otherwise entitled to any of the privileges, immunities, or liberties of a freeman or freemen of this State; and on proof of the same by one legal evidence, or by the authentic certificate, under seal of any state, nation, corporation, or court, from whence he, she, or they may be banished or transported, such felon or felons shall be, by warrant and mittimus, under the hand of the chief justice of the State, or one of the justices of the court where such proof shall be established, committed to the common jail of the county, without bail or mainprize, there to remain To be committed to jail, until a convenient opportunity may be procured by the honorable the and shipped executive, to ship or otherwise send off such felon or felons, from and or sent off. without the limits of this State, never thereafter to return. And in case such felon or felons should, after such shipping or sending off, To suffer return within the limits of the same, he, she, or they shall, on convic- death on retion, suffer death without benefit of clergy: Provided nevertheless, on But have in such first proof of transportation, such offender or offenders charged as stance the felons as aforesaid, shall not be debarred the right of trial by jury, and right of jury shall be allowed every right of evidence to counteract such proof.

An Act to exempt from Military Duty, certain individuals not Citizens of the United States.-Approved Dec. 19, 1818. Vol. III. 43. Whereas it is deemed grievous and oppressive, that individuals, not

*The power of legislating on this subject is now vested in congress, by the constitution of U. S. See Appendix, sec. 29.

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