20. WHEN A MAGISTRATE MAY ADMIT. 1st. In case of white persons. A magistrate has no power to pardon an offender, or to admit him as a witness at all events against others. But where the evidence appears insufficient to convict two or more without the testimony of one of them, the magistrate may encourage the hope that he who will fairly disclose the whole truth shall himself escape punishment; and the hope held out by the magistrate is always confirmed by the Court, unless there be some important reason to the contrary. 2d. In case of slaves. On the examination of two or more slaves for any offence, if the testimony be insufficient to warrant a conviction, a magistrate may admit any one who will make a full disclosure, to be a witness against the others, with promise of pardon to himself if he testifies fairly. The testimony of an accomplice should in all cases be received with Must be caution, but more particularly in cases of slaves, as they testify not with caution. under oath; and it is better not to convict on the testimony of an accomplice, unless under the following restrictions: 1st. The circumstances, or positive proof other than that of the accomplice, should point to at least two persons as concerned in the offence. Starkie 2, 14. 2d. He should be confirmed by the circumstances of the case.—Ib. 3d. His statement be consistent with itself, and with the statement made at the time of disclosure.-Ibid. 3d. After proceedings. If an accomplice confess and charge others, his statement should be carefully taken down in writing, and certified under the hand of the magistrate within two days; S. L., vol. 2, 483; 2 and 3 P. & M., c. 10. The confession should be taken down particularly and duly certified; because in case of the death of the accomplice, this confession may be evidence on trial of the others. He may be tried and convicted on this statement in case he fails to make a full and fair disclosure on trial of those concerned with him. the accomplice should be committed as for trial, or bailed, if the offence be bailable; and the recognizance should be conditioned for his appearance to stand his trial with the others. After confession received AFFIDAVIT. 1st. Definition. An affidavit is an oath in writing, sworn to before some person having authority to administer such oath. 2d. Form and Requisites. For the form and requisites of an affidavit for any particular case, refer to the case. It should be entitled of the district and State in which it is taken, and contain in full the names and residences of the party taking the oath, and others immediately concerned. It should be signed by the party taking the oath, and certified by the officer before whom it is taken, with the style of his office. If the party taking the oath know of the subject matter of his own knowledge, it should be stated positively; but if information be derived from others, the statement should be, "that he is informed and believes." But if the matter charged be only a conclusion from circumstances, the affidavit should be, "that he has just cause to believe, and doth believe." If the officer taking the affidavit be the person who is to act on it judicially, the circumstances inducing belief need not be set forth at length in the affidavit. But if it be intended for the judicial action of another, then the cir. cumstances should be particularly set forth. Any person who shall appear in any of the Courts of justice, or any judge or magistrate in this province, either as juror, witness, party or otherwise, in any cause, civil or criminal, and shall make a solemn and conscientious declaration and affirmation according to the form of his profession, in any matter, cause or thing wherein an oath is required by law, such solemn and conscientious declaration and affirmation shall be deemed, held, judged, and taken as valid and effectual to all intents, constructions, and purposes whatsoever, as if such person had taken an oath on the holy Evangelists of Almighty God, and that all and every such person and persons as shall be convicted of falsely and corruptly affirming and declaring any matter and thing, which, if the same had been an oath taken on the holy Evangelists, would by law amount to wilful and corrupt perjury, shall incur the same penalties, disabilities and forfeitures, as persons convicted of wilful perjury do incur by the laws of Great Britain. AFFRAY. An affray is the fighting of two place, to the terror of the people. or more persons in some public Bare words do not amount to an affray; nor an assault which Words not. happens in a private place, out of the hearing or seeing of any, the parties excepted; nor the assembling one's neighbors and friends in one's house, against those who threaten to do such person some violence therein, nor to any person arming himself to suppress dangerous rioters, rebels or enemies, and who endeavors to suppress or resist such disturbers of the peace and quiet of the State. 1 Haw. 134, 135, 136. If any one sees others fighting, he may lawfully part them, and stay private them till the heat be over, and then deliver them to a constable to be person may. carried before a justice, to find sureties for the peace; and if he receive any harm by the affrayers, he shall have his remedy by law against them; but if the affrayers receive hurt by his endeavors to part them, they have no remedy. 1 Haw. 136. 3 Inst. 158. Constable A constable is bound at his peril to use his best endeavors to part an affray which happens in his presence, and also to demand the bound assistance of others, which if they refuse to give him, they are pun. ishable with fine and imprisonment. 1 Haw. 137. May carry justices. If a constable see persons actually engaged in an affray, or upon the point of entering upon an affray, he may carry the offender before a justice, to find sureties for the peace; or he may imprison him of before his own authority, for a reasonable time, till the heat shall be over, and he may also detain him afterwards till he find such surety. 1 Haw. 137. his view. A constable has no right to lay his hands on those who barely con- Not unless in tend with hot words, without any threats of personal hurt but he may command them, under pain of imprisonment, to avoid fighting; neither hath a constable power to arrest a man for an affray done out of his own view, without a warrant from a justice, unless a felony were done, or likely to be done. 1 Haw. 137. If an assault be made upon a constable, he may not only defend himself, but imprison the offender, in the same manner as if he were not a party concerned. 1 Haw. 137. Justice may. If an affray be in a house, the constable may break open the doors to preserve the peace; and if affrayers fly to a house, he may follow, and break open the doors to take them. 1 Haw. 137. A justice of the peace may and must do all such things to the aforesaid purpose which a private man or constable are either enabled or required by the law to do: but he cannot, without a warrant, authorize the arrest of a person for an affray out of his own view, although he may issue his warrant to bring the offender before him, to compel him to give sureties for the peace. 1 Haw. 137. All affrays in general are punishable by fine and imprisonment. 1 Haw. 138. SOUTH-CAROLINA, Warrant to apprehend Affrayers. SS. By A. P., magistrate, appointed to keep the peace in and for the said District. of To A. R., one of the constables of the District aforesaid. Whereas A. I. hath this day made oath before me, that on the said District, in a tumultuous manner made an affray, wherein the person of the said A. I. was beaten and abused by them the said A. O. and B. O. without any lawful or sufficient provocation given to them, or to either of them, by him the said A. I.: these are therefore to command you, forthwith to apprehend the said A. O. and B. O. and bring them before me, or some other of the justices assigned to keep the peace within the said district, to answer the premises, and to find sureties for their personal appearance at the next general sessions of the peace, &c., to be held for the district aforesaid, then and there to answer to an indictment to be preferred against them by the said A. I. for the said offence; as also for their keeping the peace in the mean time, towards all the good people of this State, and especially towards him the said A. I. Hereof fail not, as you will answer the contrary at your peril. ALIENS. 1st. WHO IS AN ALIEN, AND OF THEIR PRIVILEGES AND DISA BILITIES. 2d. OF DENizens. 3d. OF NATURALIZATION AND OF THE RIGHTS AND DISABILITIES OF A NATURALIZED CITIZEN. 4th. PRECEDENTS. out of United be a citizen. protection. 1st. Who is an Alien, and of their Privileges and Disabilities. An Alien is any person born out of the jurisdiction of the United One born States, who was not an inhabitant thereof at the time of the Decla- States. ration of Independence, or has not been admitted as a citizen according to the Act of Congress. Yet this must be understood with some limitation, for though a person be born without the limits of the United States, yet if his father be a citizen thereof, and have resided within Not if father its limits, the right of citizenship will descend to such person. 2 S. U. S. L., 853. An Alien is entitled to the protection of the laws, Entitled to and owes obedience to them so long as he may remain under their jurisdiction. He may hold personal property, may loan money on May hold mortgage of personal or real estate, and maintain a suit for its fore- property. closure. 4 S. L., 642. He cannot take real estate by descent. Ennas vs. Franklin; 2 Bre. R., 398; but may take by purchase, and hold until divested by escheat; and if, before escheat, he be admitted to the privileges of a citizen, such admission will confirm the title in him. Laurens ads. Jenney and others; 1 Spear, 356. He is not subject to jury duty, but unless he be a bona fide French citizen, (in which case he is exempt by treaty from all personal service,) he is subject to militia and police duty. By the Act of 1828, a widow alien may take by descent or will the lands of a deceased husband. 6th S. L., 363. 2nd. Of Denizens. personal Alien may By the Act of 1799, an alien friend may become a denizen by be- How an coming a resident of the State, by taking and subscribing the oath or become. affirmation of allegiance before one of the judges of the Court of Cominon Pleas, who gives a certificate of the fact, which certificate must set forth the place of nativity and former residence of the party, and if given to a family, the name and age of each declared on the oath of the head thereof, shall be inserted, and such certificate should be recorded in the office of Secretary of State, either at Charleston or Columbia, within sixty days. A compliance with the requisites |