h November, 1832.
This act provides that any goods seized or detained under pretense of
securing the duties, or for the nonpayment of duties, or under any
process, order, or decree, or other pretext contrary to the intent and
meaning of the ordinance may be recovered by the owner or consignee by
"an act of replevin;" that in case of refusing to deliver them, or
removing them so that the replevin can not be executed, the sheriff may
seize the personal estate of the offender to double the amount of the
goods, and if any attempt shall be made to retake or seize them it is
the duty of the sheriff to recapture them; and that any person who shall
disobey the process or remove the goods, or anyone who shall attempt to
retake or seize the goods under pretense of securing the duties, or for
nonpayment of duties, or under any process or decree contrary to the
intent of the ordinance, shall be fined and imprisoned, besides being
liable for any other offense involved in the act.
It also provides that any person arrested or imprisoned on any judgment
or decree obtained in any Federal court for duties shall be entitled to
the benefit secured by the habeas corpus act of the State in cases of
unlawful arrest, and may maintain an action for damages, and that if any
estate shall be sold under such judgment or decree the sale shall be
held illegal. It also provides that any jailer who receives a person
committed on any process or other judicial proceedings to enforce the
payment of duties, and anyone who hires his house as a jail to receive
such persons, shall be fined and imprisoned. And, finally, it provides
that persons paying duties may recover them back with interest.
The next is called "An act to provide for the security and protection of
the people of the State of South Carolina."
This act provides that if the Government of the United States or any
officer thereof shall, by the employment of naval or military force,
attempt to coerce the State of South Carolina into submission to the
acts of Congress declared by the ordinance null and void, or to resist
the enforcement of the ordinance or of the laws passed in pursuance
thereof, or in case of any armed or forcible resistance thereto, the
governor is authorized to resist the same and to order into service the
whole or so much of the military force of the State as he may deem
necessary; and that in case of any overt act of coercion or intention to
commit the same, manifested b
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