TIT. 12. A. A. 1770. Gunpowder to be stored therein. A. A. 1795. 2 Faust 80. Commissioners named, zine and labo ratory in or near George town. by the said commissioners, and the third by the two persons chosen as aforesaid: and the said land shall thereupon be vested in the public forever. 2. And be it further enacted, That as soon as the said magazine at Habcaw and Charleston neck are finished, the powder receiver shall cause the powder in the magazine at Charleston to be removed thither, and kept there, and that from thenceforth the said magazine at Charleston shall no longer be occupied as such. 3. And be it further enacted, That persons living in Charleston, shall store their gunpowder, (except the quantity which by law they are allowed to keep in the houses) in one or other of the said magazines hereby directed to be built. 4. Whereas it is necessary for the defence of Georgetown and Beaufort, that a magazine and laboratory should be erected within the same respectively: 5. Be it therefore enacted, That general Horry, Charles Brown and David Pryor, be, and they are hereby appointed with power to commissioners, and are fully authorized and empowered, by erect a maga- virtue of this act, to purchase a lot or piece of land, to erect and build thereon, in the town of Georgetown or its vicinity, a magazine capable of containing a hundred thousand weight* of gunpowder, and a thousand stand of arms, and to enclose the same with a substantial brick wall. And that the said commissioners shall, as soon as may be after the passing of the said act, contract and agree with some proper person or persons, for erecting and building the said magazine, and for annexing thereto a small laboratory, and shed sufficient to shelter two field pieces and several pieces of cannon; and also that as soon as the same shall be completed, the said magazine, laboratory and shed, together with the lot or piece of land, on which the same shall be erected, shall be vested in this state for ever.† Commissioners named, with power to erect a maga zine and laboratory in Beaufort. 6. And be it further enacted, That general Barnwell, Thomas Grayson and Ralph Elliott, be, and they are hereby appointed commissioners, and by virtue of this act, are fully authorized and empowered to purchase a lot or piece of land, and to erect and build thereon, at the old court-house in the town of Beaufort, a magazine capable of containing a hundred thousand weight of gunpowder and a thousand stand of arms, to enclose the same with a substantial brick wall; and that the said commissioners shall, as soon as may be after the passing of this act, contract and agree with some proper person or persons for erecting and building the said magazine, and for annexing thereto a small laboratory, and a shed capable to shelter two field pieces and several pieces of cannon; and that as soon as the same shall be completed, the said magazine, laboratory and shed, together with the said lot of land, shall be vested in this state forever, as aforesaid. *Pounds must be understood. † Additional commissioners appointed by A. A. 1797. TIT. 12. vers to be e 7. And be it further enacted, That powder receivers for the said magazines at Georgetown and Beaufort, shall be elected by the legislature of this state; whose duty it shall be, as A. A. 1795. soon as the said magazines are erected, to cause the powder 2 Faust 80. in the different houses and stores in the towns of Georgetown Powder receiand Beaufort, where the same in quantity shall exceed fifty- lected by the six weight, to be removed to the said magazines, there to be legislature; deposited; and that no person or persons shall, under the their duties. penalty of fifty dollars, keep or retain, in his house or store, any quantity of powder exceeding that abovementioned; which said penalty shall be recovered by action at law, before any court of record in this state; and shall be applied towards keeping the said magazines in repair; and all suits commenced for the same shall be in the name of the powder receiver for the time being. 8. Be it further enacted, That the said powder receivers Fees of pow shall receive thirty-five cents per hundred weight, on each der receivers. hundred weight of powder received, and the same on each hundred weight of powder delivered out of the said magazines, and the same in proportion on each quantity of powder received or delivered, that may be either more or less than a hundred weight; and also twenty-five cents per hundred weight, on each hundred weight which shall be continued in the same for any time longer than one month; and that the said powder receivers shall also, in consideration of the said services, be exempt from all militia duty. 9. Whereas it is expedient to appoint two commissioners, A. A. 1797. in addition to those appointed by an act of the legislature pass- 2 Faust 184. ed the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-five, for the purpose of erecting a magazine and laboratory at Georgetown: ers for erect 10. Be it therefore enacted, That major Samuel Wragg, and Additional captain Benjamin Trapier, be, and are hereby appointed com- commission. missioners, in addition to the commissioners appointed by the said act of the nineteenth day of December, in the year of Our Lord one thousand seven hundred and ninety-five,* and vested with all the powers given to the commissioners appointed by the said act. ing a maga zine, &c. at Georgetown. Faust's col 11. Be it enacted, That the sums to be raised and collected A. A. 1798. under and by virtue of this act, shall be and are hereby appro- Omitted in priated to the following purposes, viz: A sum not exceeding lection of the 65,500 dollars to the payment of the civil list, as estimated in Acts of Asthe statement No. 1. hereunto annexed; a sum not exceeding sembly. 32,500 dollars to the payment of the contingent accounts and extraordinaries, as estimated in the statement No. 2. &c. [In the statement No. 1. above referred to, the following particulars (amongst others) are mentioned:] Salaries settled by Law. 86 Arsenal keeper and powder receiver in Charleston, 8216 Do. do. at Abbeville court-house, [In the statement No. 2. above referred to, are contained (amongst others) the following particulars :] * See A. A. 1795, ante. TIT. 12., A. A. 1799. Omitted in Faust's collection. f A. D. 1812. A. A. 1813. TIT. 13. For building a laboratory and magazine in Beaufort, $2,500 a sum not exceeding an 8,000 Do. $130 216 50 12. For the pay of the magazine guard, to consist of an officer, sergeant and six men, to be paid by and under the direction of the comptroller general, $2,000 [See Title 124, Ordinance Keeper and Powder Receiver.Title 119, Militia, § 173, 174, &c.] 13. As a compensation for the arsenal keeper and powder receiver in Charleston, $500 14. As a compensation to the arsenal keepers and powder receivers at Camden and Abbeville, fifty dollars each, in the whole one hundred dollars; and for the arsenal keepers and powder receivers for Georgetown and Beaufort, one hundred and fifty dollars each, in the whole three hundred dollars. Arson. [See Title 116, Malicious Mischief.] TITLE 13. Attachment. 1. WHEREAS many inconveniences and injuries have frequently happpened in defect of the recovery of debts where the debtor is absent, or willingly absconds or withdraws him * These buildings in Camden have been erected in pursuance of the authority of, and the appropriations made by this act. This remedy by attachment, by seizing or taking into custody the property of, or claiming the monies due to an absent debtor, or wrong doer, seems to have been derived from a procedure peculiar to the city of London, denominated Foreign Attachment, whereby debts due to an absent and foreign debtor, may be attached in the hands of the Garnishee, or person indebted to such foreign debtor, to answer the claim of the creditor of such absentee. Our attachment Law is more extensive, affording a remedy against every description of debtors who cannot be arrested or served with the common process of law, either because they are absent beyond the limits of the state, or abscond or conceal them ́selves; or are fleeing away to avoid the process of law, or even are suspected to be about to flee with their property, to defeat the just claim of any creditor. The remedy extends to every description of property, as well as to monies due to the absent or absconding debtor. It lies against a wrongdoer, as well as against a debtor. and may be founded on tort as well as on contract. But this last observation applies $ 1. self out the limits and jurisdiction of this province; such TIT. 13. debtor often at the same time carrying on trade and commerce, or other business in this province, by factors, agents or A. A. 1744. attornies, and having considerable monies, goods, chattels and P. L. 187. debts belonging and due, and owing to him; but for want of [Foreign.] proper means to subject such stock in trade, monies, goods, chattels and debts, to the payment of the just and true debts The mischief of such absent debtor, many persons have and daily are de- to be provided frauded and deprived of their just dues and demands. For against. remedy and prevention of which inconveniences and injuries of attachment, absentee, &c. for the future, Be it enacted, That from and immediately af- Any one to ter the passing of this act, any person whatsoever, whether an whom an abinhabitant of this province or elsewhere, having occasion to sent person is commence any suit or action in the court of common pleas in indebted may this province, against any person or persons whatsoever resi- sue out a writ ding or being without the limits of this province, upon any and attach the judgment, bond, bill, note of hand, book debt, covenant, con- monies, chattract or assumpsit whatsoever, or wheresoever made or entered tels, debts & into, shall and may by him, her, or themselves, or his, her, or books of actheir attorney, petition the chief justice of this province, or in count of the case of his sickness or absence, any one of the justices of the court of common pleas aforesaid, setting forth the state and nature of his, her or their demand, and that the debtor is absent from, and out of the limits of this province, which being done, it shall and may be lawful for the chief justice aforesaid, or (in case of his sickness or absence from Charleston any) one of the justices aforesaid, to grant and issue a writ or writs of attachment, directed to the provost-marshal of the province aforesaid, requiring and commanding him immediately to attach the monies, goods, chattels, debts, and books of accompt belonging to the absent debtor, in the hands of any person or persons whatsoever;* and the attaching of any part thereof, in the name of the whole that is in such person's hands, power, or possession, shall secure and make the whole liable in law to answer any judgment that shall hereafter be recovered and awarded upon that process. And the provost-marshal, at such time as he shall execute such writ of attachment, shall sum- P. L. 188. mon the person in whose hands the said monies, goods, chat- Mode of protels, debts or books of accompt shall be, by serving him, her, ceeding. only to attachments against persons who are resident beyond the limits of the state, or such as are known to be absent from the state, or who have no known place of residence therein. The attachment in such case may aptly enough be denominated "foreign," to distinguish it from the process of attachment for contempt, and contradistinguish it from a similar process, where the defendant is a transient fugitive, or absconds or conceals himself within the state, or is about to escape with his property, to avoid the ordinary process of law. The attachment in such cases may be distinguished by the word "domestic,” in conformity with the custom of some other of the United States. *See courts of general sessions and common pleas, and Acts of 1789 and 1791. Also A. A. 1799.-See Title, 39 Clerks of the Courts. Also A. A. 1783. P. L. 115. subjecting real eatates to attachment, and as well for injuries done as for breach of contract.-Vide infra. TIT. 13. Duty of the person sum moned as gar nishee. or them, with a true copy of the said writ, with a notice thereon indorsed, requiring him, her, or them to appear before the justices of the said court of common pleas at Charleston at the return thereof, to shew cause why the said monies, goods chattels, debts or books of accompt should not be adjudged to Duty of the belong to such absent debtor: But if no person is present at the sheriff. the time of attaching any the things aforesaid, then and in such case the provost-marshal shall fix up at the prison door, a copy of the said writ, with an account of the things attached, and give notice thereof in the gazette, and in case there shall be no gazette, shall publish the same at the door of the house where the courts of judicature are or shall be usually held, for any person or persons claiming the same to appear as aforesaid, and shew cause as aforesaid; and the person or persons so summoned as aforesaid, shall be obliged to appear at the return of the said writ, and to discover, upon oath, what sum or sums of money, debts, goods, chattels, and books of accompt he, she, or they have in his, her, or their hands, possession or power, to which the said absent debtor hath any right, claim, or property whatsoever. And if such person or persons, after being duly summoned as aforesaid and proof thereof made to the court, shall neglect or refuse to appear at the return of the said writ, or at furthest during the sitting of the court of common pleas next after the return of the said writ, or if, on appearing, shall refuse to discover, upon oath what monies, goods, chattels, debts, or books of accompt he, she, or they have in his, her, or their possession or power, belonging to such absent debtor, that then and in such case, the person or His liability persons so summoned, shall be condemned for default of appearing or discovering upon oath, as the case shall happen, and judgment shall be given against him, her, or them, and execution awarded against his, her, or their proper goods, for payment and satisfaction of the debt attached for, the same Where goods being legally proved to the court. And if any goods or chatare seized in tels shall be actually seized and taken into the custody of the provost-marshal by virtue of such writ of attachment, and the debtor makes person so summoned shall not appear at the return of the said writ, then upon his, her, or their default, and no person then appearing and laying claim to the said goods and chattels so attached, the same shall be adjudged and taken to be the property of the absent debtor. But if the person or persons se summoned shall appear at the return of the said writ, and lay claim to the said monies, goods, chattels, or other things, and, upon oath, deny the same to belong to the absent debtor, or that he hath any monies, goods, chattels, debts, or books of accompt belonging to the absent debtor, if the plaintiff shalt rest satisfied therewith, then the said attachment shall be discharged, but if not, then the claimant or claimants, or person or persons so summoned as aforesaid shall be put to plead the same, and the matter shall be tried by a jury forthwith, or at such other court and time as shall be appointed by the said justices, and the party that shall be cast in the same, shall pay to the prevailing party such reasonable costs and charges as shall be allowed and taxed by the chief justice aforesaid. for default. attachment and the absent default. Where the garnishee claims. |