issue, will make the estate a conditional fee; and his alteration of it afterwards, during the life of such 1. issue, will constitute a fee-simple in the purchaser, so as to bar the remainder-man, FEME COVERT. 397 FORGERY. Forging an order for delivery of goods is a felony within the meaning of the statute. There are no precise words or forms necessary to make such order the subject of forgery. It is sufficient if calculated to deceive and defraud, 262 2. But if an indictment states the offence to be against a British statute, made of force in this state, (when in fact there is no such statute made of force,) instead of stating the offence to be against an act of the legislature of the state, it is bad, and will be a good ground to arrest the judg ment, See Indictment. FRAUD. 266 The value of a horse lent to stake at a gaming house, may be recovered by the lender from the gambler, if actually delivered over, though all contracts for money lost at play are absolutely void, 560 GEORGETOWN STREETS. See Highway. GIFT. Where a father makes a parol gift of a negro girl to his daughter on mar riage, and says he would give her another, and afterwards actually sends that other; this is a good gift in law, so as to vest the property in 528 the husband, 2. But if after all this, the father takes back one of those negro girls, and gives her by deed of gift to a son, 4. who keeps possession of her for 10 years, this will bar the husband's right by the statute of limitations, ib. See Limitation Act. GOVERNOR. A pardon from the executive will not discharge the moiety of a fine, which goes to the informer or prosecutor in a criminal prosecution, nor exonerate the sheriff on a rule to bring the 565 money into court, See Pardon. GRANT. 1. Where there are two grants for the lowed 5 years after he comes of age See Limitation Act. The loss of a grant, in order to the admission of a copy in evidence under the act of 1803, must be made by the plaintiff himself, and not by 525 a third person, 5. By the land act six months are allowed to every grantée to take out or perfect his grant, after a return of the plat and survey into the surveyor-general's office; and any other grant taken out for the same land within that time, or any part thereof, is 558 ipso facto void, H HABEAS CORPUS. A man admitted to bail on suspicion of forgery, is not entitled to his discharge, under the habeas corpus act, from the prosecution, at the second court, if the witnesses for the state do not attend; though if he had been confined in gaol, and no bill of indictment had been found against him, he would then of right be en563 titled to bail, See Bail. HEIR AT LAW. An heir at law shall not be deprived of his right of inheritance by the confiscation act, where his ancestor died between the supposed commission of the offence, and the passing of the 536 act, HIGHWAY. has been lost by time or accident; 1. A highway or street may be laid off by especially where the grantee is dead, 487 A person under 21 years of age claiming under such grant, shall be alVOL. II 4 D 2. To constitute a public street or highway, it is necessary it should not only be laid off, but used as such by 2. the public, 282 But nonuser for a great number of years, will forfeit a right to a highway or street, See Georgetown. 286 tent, legal subtleties and niceties are 451 to be disregarded, In ali prosecutions, on the part of the state, where a defendant or prisoner calls no witnesses, his counsel shall have the privilege of concluding to the jury, notwithstanding the former practice to the contrary, ib. 3. If an indictment states an offence to be against a British act of parliament, made of force in this state, (when in fact there is no such act made of force,) it is bad, and will be a good 262 ground in arrest of judgment, 2. An imparlance is not allowed on a sum 2. 3. See Forgery. INDORSOR AND INDORSEE. 23 The indorsee of a note originally usu 31 The indorsee of a note is bound to use all due diligence to get payment from the maker, and if he fails, he is bound to give due notice to the indorsor, before he can maintain his suit, 217 But a constructive or presumptive notice, arising from the insolvency of the maker of the note, is not suffi cient. Actual notice must be given by protest, or otherwise, ib. Indorsement of a note in part, and afterwards an indorsement of the resi due, is bad, and will not charge the indorsor, nor can the holder of it recover against the maker, 324 mary process, unless on good cause 4. It is not necessary that an indorsor of shown, INDEMNITY. 1 327 a note, or an inland bill of exchange, should, in all cases, have notice by protest, of non-payment by the maker or drawer; any other good and reasonable notice is sufficient, 374 INFORMATION. Public prosecutions by informations have been abolished by the constitution of South Carolina, as inconsistent with the true spirit of liberty; and all prosecutions for crimes and offences, are to be carried on by indictments through the medium of the grand juries of the country, 1. A judgment is not to be set aside after several years standing for any error or omission, which might have been taken advantage of in pleading, while the cause was in transitu, or by motion in arrest of judgment, or for new trial, before final judgment, 333 2. A judgment loses its lien on land after five years' actual possession by a third person, who is an actual occupant subsequent to the judgment, although as between plaintiff and defendant it binds without limitation of time, 338 See Lien; also, Possession. 94 If an alien be drawn as a juror in a case of murder, it is a good cause of challenge before trial; but if the prisoner allow him to be sworn, it is too late after conviction to make it a 153 ground for new trial, See tit. Alien. Where a juror who sits and finds a bill as a grand juror at a former term, is drawn to serve as a petit juror at the next succeeding term, and is permitted to be sworn; it is too late after conviction to make it a ground for a new trial, or in arrest of judgment, 153 4. The integrity or good conduct of a juror, shall never be called in question in any cause, unless it be upon affidavit made of such misconduct on his part, a copy of which must be duly served on him, before the rising of the court, in order that he may have an opportunity of exculpating himself on oath, if the charge is 267 unfounded, See also same point determined, p. 315. JUS POSTLIMINIUM. and his warrant of commitment under his hand and seal, is the highest evidence of such contempt, 11. 6 He is not liable in a special action for damages, for what he does in his judicial capacity, 2. A justice of the peace is not punishable by indictment for any act done by him in his judicial capacity, unless he acts oppressively in his office, See Magistrate. L LEGACY AND LEGATEE. 385 LIMITATION. Where a writ is taken out against one executor or administrator, where several are qualified, it will not prevent the act of limitations from running against a debt or demand, because such suit is quasi no suit, and a second writ against all the execu tors or administrators, will not cure the defect, where the statute has run out before it was sued out, 194 2. A release, a receipt, or acquittance of any kind, is not within the meaning or intent of the statute of limitations, for they go to extinguish a debt or demand pro tanto, which probably might be barred by the statute, 481 3. Persons under 21 years of age have, five years after attaining that age, the right of prosecuting their claim for lands, The act of limitations will bar the right of a husband from recovering a negro, given his wife on marriage, where the father takes her back and gives her to a son, unless he brings his action to recover her within four years after she is taken away, 528 A limitation of negroes in a marriage settlement to a daughter, and after her death to the heirs of her body, is too remote; it vests in the first taker, and will be liable to the busband's debts, 4. Where lands are specifically devised by a 487 471 See Mortgage. LEX LOCI. The law of the country where a contract is made, is to govern the contract where it is to be performed in such country; but if made with a view of its being performed in another country, then the law of the place where it is to be MAGISTRATE. magistrate is not liable to be punished MAIDENS. 1 performed, is the governing rule, The seducing and deflowering a maid, 377 under 16 years of age, without the |