May hold real estate. Residence of of this act entitles the party to purchase and hold real estate, but not to vote at elections, or to hold any office of profit or trust in the State. 3d. Of Naturalization, and the rights thereby conferred. Any free white alien friend may become entitled to most of the rights of a native born citizen, by complying with the various requisites of the Acts of Congress, in reference to naturalization. The requisites of the said Acts are as follows: 1st. That he shall, at the time of application, have resided within five years. the United States for at least five years, and one year within the State or territory where he applies; 2 S. U. S. L., 851; and it must have been a continuous term of five years immediately preceding his application, without his having been, at any time during said term, out of the territory of the United States, of which the Court must be satisfied by testimony other than that of the applicants, and that during that time he has behaved as a man of good moral character, attached to the principles and constitution of the United States, and well disposed to the good order and happiness of the same.-Ib. 1304, sec. 12. Two years notice. In case of Residence before 1812. 2ndly. That he shall, two years before his application, have declared on oath or affirmation, before some Court of record of one of the States, or of the territorial districts of the United States, or a Circuit or District Court of the United States, that it was bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, State or sovereignty, of which he may at the time be a subject.—Ibid, 851, sect. 1st and 3d; 3 S. U. S. L., 1974. But if such applicant shall have resided within the United States for three years before arriving at the age of twenty-one years, he may after having resided in the United States for five years in all, and after he is of age, be admitted a citizen without such declaration of intention. Provided, that at the time of his application he shall declare on oath and prove to the satisfaction of the Court that it was bona fide his intention for three years previous to become a citizen of the United States.-Ibid, 1974, sec. 1st. Or, if an applicant can prove to the satisfaction of the Court that he was resident in the United States before the 18th day of June, 1812, and by the oath or affirmation of witnesses, citizens of the United States, who shall be named in the record as witnesses, that he resided there for at least five years immediately preceding his application, such person may be admitted without proof of declaration of intention. The place of residence and the names of the witnesses must in such case be set forth in the records of the Court. Oath. 3dly. He shall, at the time of his application to be admitted, declare Take the on oath or affirmation, before one of the Courts aforesaid, that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce all allegiance to every foreign prince, potentate, State or Sovereignty whatever, and particularly by name, the prince, potentate, State or Sovereignty whereof he was before a subject, which proceeding shall be recorded by the Clerk of the Court. Titles. Certificate. 4thly. If the applicant has borne any hereditary title, or has been Renounce of any of the orders of nobility in the Kingdom or State from which he came, he shall make an express renunciation of his title or order of nobility in the Court to which his application shall be made.-2d S. U. S. L., 851. On complying with these requisites, the applicant will receive from the Clerk of the Court, under the seal thereof, a certificate of his naturalization, which naturalization entitles not only the applicant but his children, who shall be under the age of twentyone years, and dwelling in the United States at that time, to all the rights and privileges of native born citizens, except that he must have Rights and been a citizen for three years before he can be a member of the House of Representatives, and five years before he can be a member of the Senate of this State; and to enable him to hold the office of Governor, he must have been ten years a citizen. In some of the States, he can never hold the office of Governor. He must have been seven years a citizen to entitle him to a seat in the House of Representatives, and nine years to one in the Senate of the United States, and can never be President of the United States. disabilities. That your Petitioner was born in in the United States, to-wit, Esq., Clerk of said Court. aged years, following : Respectfully sheweth, intention of your Petitioner to become a citizen of the United States of America, being sincerely attached to the Constitution of the said States, and is willing to renounce all allegiance and fidelity to every foreign prince, potentate, State or Sovereignty, whatever, particularly That he has never borne any hereditary title, or been of any order of nobility whatever. He therefore prays your Honor to order that declaration of his intention to be registered, and the usual oath be administered to him. BE IT SO. THE UNITED STATES OF AMERICA, State of South-Carolina. Personally appeared who being duly sworn, deposes that the contents of his petition are just and true, and that it is bona fide his intention to become a citizen of the United States of America, being sincerely attached to the Constitution of the said States, and to renounce forever all allegiance and fidelity to every foreign prince, potentate, State or Sovereignty, whatever, particularly to petitioner was born in A. B. We, the subscribers, citizens of the United States of America, do hereby certify, that we have known the petitioner for years last past, during which time he has resided within the United States, to wit, and within this State upwards of one year. That he has behaved during that time, as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. Sworn to before me this APPEAL. An appeal is the application to a higher Court to reverse the deci sion of a lower, upon certain grounds set forth in the notice of such application, and made to appear by report of the cause by the presiding officer of the Court below. 1st. IN WHAT CIVIL CASES APPEAL LIES. 2d. NOTICE, BOND, REPORT, &c. 3d. CRIMINAL CASES. 1st. In what Civil Cases appeal lies. Definition. over $2. In all cases tried before a magistrate, where the demand sued for All cases exceeds the sum of two dollars, either party dissatisfied, may have an appeal to the Common Pleas. Act 1839, p. 18, sec. 16 Master and By sec. 25, p. 22 of the same Act, the right of appeal in cases In cases of between master and apprentice, is preserved. In cases between Apprentice. landlord and tenant, for holding over, and in forcible entry and detainer, None in there is no appeal. Act 1812, 5 S. L., 677. 2d. Notice, Bond, Report, and so forth. The notice of appeal from the decision of a magistrate, should be within two days after the decision. Act 1839, p. 18. After notice, the Landlord and Tenant. I (or we) hereby agree to stand security for the appellant in this Magistrate. [L. S.] [L. S.] If the appellant fail in his appeal, he and his surety become liable to immediate execution from the Court of Common Pleas for the costs, None except in capital case. or the debt, interest, and costs as the case may be. After notice and taking bond, the magistrate should make a report of the case, carefully stating all the material testimony, with the reasons of his decision, which report, with the bond, should be lodged by him in the office of the Clerk of Common Pleas, before the term of the Court next ensuing. 3d. In Criminal Cases. No appeal is allowed in any criminal case, before a magistrate, except it be on conviction for a capital offence. By the Act of 1833, when any slave or free person of color shall be convicted of a capital offence, and sentenced to suffer death, application in his behalf may be made to any one of the circuit judges or judges of the Court of Appeals, either in open court or at Chambers, for a new trial. And a full report of the case shall be made and attested by the justices who preside at the trial, upon application therefor, and the execution of the sentence shall be suspended; and if from the said report, or from that, in connection with satisfactory affidavits of matters not therein stated (which affidavits shall be shewn to the justices before they are presented to the judge,) it shall appear to the judge that the conviction has been erroneous, the prosecution shall be as in case of a new complaint, provided that no one of the justices or freeholders, who served on the first shall serve on the subsequent trial. Father, must APPRENTICE. 1st. Who may Any person of any lawful employment, calling, art, mystery, or trade, may take an apprentice; 3 S. L., 544. 2d. Deed and Requisites. Any infant may be bound an apprentice by deed of indenture certified under the hand and seal of a magistrate. The deed should set forth the presence and approbation of the father, mother, or guardian of such infant; and if the infant have neither father, mother, or guardian, then the presence and approbation of the grandfather, grandmother, brother, sister, uncle or aunt, of mature age, or the approval of the magistrate before whom it is executed, each in the order above enumerated. The other matters chiefly to be contained in the deed of indenture, are the full names of the parties, the trade to be taught, the term of service, and the provision for the apprentice. |