Carpenter v. Coleman

Decided July 1, 1802

Court of Appeals of South Carolina · decided 1802-07-01

UPON a motion made to reverse a decision made m ... _ . „ . , the circuit court at Camden, m a case m nature ot ravishment of ward, in order to try the right of certain negroes to their freedom, &c. Some time after the commencement of this action, while the proceedings were progressing towards a termination, Mr. Mathews, the attorney of the plaintiff, made application to Judge Bay, at chambers in Charleston, for an order to the sheriff of Camden district, to oblige the defendant to enter into a recognisance in the sum of 2001. sterling, with good security, to produce the negroes at the trial, and in the mean time, to prevent them from being ill treated or abused, or carried out of the state till the right to their freedom could be determined, agreeably to the directions of the act of the legislature, in such case provided. At the next meeting of the circuit court at Camden,, after the above order was given, a motion was made for an order of court to rescind the said order made at chambers, on the ground, that the order should have been applied for and made before the suit was commenced, and not afterwards ; in the same manner, that an order for bail is always made in a case of debt before the writ is served by the sheriff, and not afterwards.

Decided 1802-07-01

The presiding Judge (Ramsay)

¶1accordingly directed the order to be made, reversing the order at chambers.

¶2This was therefore an appeal from the decision made by the circuit court at Camden, on the ground that the first order at chambers was correct, and in just conformity to the directions of the act.

¶3The Judges after due consideration, were all of opinion^ that the order made at chambers was properly made under the directions of the act, and that such order may be made *437at the commencement of that suit, or at any time during the pendency thereof, if the guardian of the negroes claiming their freedom, should suspect that the defendant will either remove them out of the jurisdiction of the court, or use them ill; but if he is under no such apprehension, he may omit it entirely if he pleases.

¶4Rule for reversing the order of the circuit court at Can-den, and confirming the order at chambers, made absolute.

All the Judges present.