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University of South Carolina
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JUN 2 I 2000
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THE
STATUTES AT LARGE
/"^^ie^
SOUTH CAROt.IIVA:
EDITED, UNDER AUTHORITY OF THE LEGISLATURE,
THOMAS COOPER, M. D— L. L
•>»e^»M«.
VOLUME FOURTH,
CONTAINING THE ACTS FROM 1752, EXCLUSIVE,
ARRANGED CHRONOLOGICALLY.
.».9@e»
COLUMBIA, S. C.
PRINTED BY A. S. JOHNSTON,
1838.
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COLE^ifAN KARrSH UA^ rtBR?^
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^MMe &t ^mwi^niB'
N. B. — The Arts which are referred to the last vohime are ir.arked thus *; those of
which the titles alone are now to he found, are let't unpaged.
A. T) 1753. No. 810. An Ordinance for enabling and iinpowering the persons therein named, to
import into this Province, from the Northern or other Colonies, a qnan-
lity of Indian Corn, not exceeding fifty thousand bushels, for the use
and consumniioriof the inhabitants, by borrowing ihesumof two thou-
sand five hundred and thirteen pounds and I'ourteen shillings, now lying
in the hands of ihe Powder lieceivor, and the monies in the Public
Treasury appropriated to the use of the fortifications, and for replacing
the same in the manner therein appointed 1
811. An Act to impower the t'ommissioners who were appointed for building a
Church in the Parish of Prince William, in Granville County, and the
Commissioners who were appointed for building a Church ni George-
town, and the Commissioners who were appointed for building a Chapel
oi' Ease in the parish of St. James Santee, in Craven County, to erect
and set up S'ews in the same, and to dispose of the said pews, to enable
them to raise money for the finishing of the said Churches and Chapel
respectively 3
*812 An .\ct for making Black river navigable, from the Western boundary of the
Township of Williamburgli, down to the tide way. as far as the place
commonly called the .Narrows 4
*813 An Act for appointing and impowcring Commissioners to make the Wateree
river navigable, and for laying out and making a road from the upper
Settlements near the Catawba nation, on the north east siilc of the said
VVateree river, to the place on Santee river commonly called Beard's
Ferry, and from thence^ to the road leading from the Congree's to
Charlcstown 4
*814. An Act to exempt the inhabitants of the lower district of the Parish of St.
James Santee, in Craven County, from working on or contributing to-
wards any repairs to be made to the road or causey leading over Lynch's
Island 5
*815 An Act lor appointing Commissioners to build a Bridge over the pond in the
Four Holes Swamp, commonly called Gibbes's Pond, and to lay out,
make and keep in repair, a road to and from the said bridge, as conveni-
ent as may be, into the Orangcburgh old road, from the head of the
path leading from Dorchester to Izard's Cow-pen .' . . ..5
*816. An Aot, to conthme an Act entitled " An Act for the belter regulating the Mi-
litia of this Province, and for repealing the former Acts for regulating
the Militia, and for repealing an Act for the further security and better
defence of this Province" 5
817. An Act for securing the paymentof thesum of two thousand and five hundred
pounds to the Honorable Hector Beringer De Beaufain, Esq , and the
sum of three thousand and five hundred pounds to Gabriel 3Ianigault,
Esq., their respective executors, administrators or assigns, with interest
V TABLE OF CONTENTS.
A. D. 1753. No. at the rate of six per centum per annum, out of the fund appropriated to
the use of poor Protestants coming from Europe to settle in this Pro-
vince, the said sums having been lent by them to supply the deficiency
in the said fund ^
818. An Act for raising and granting to his Majesty the sum of forty-three thousand
one hundred and two pounds two shillings and six pence three far-
things, for defraying the chargesof this Government for one year, com-
mencing the twenty-fifth day of 3Iurch, in the year of our Lord one
thousand seven hundred and fifty-two. Old Style, inclusive, and ending
the twenty-fifth day of March, one thousand seven hundred and fifty-
three, New Style, exclusive.
A. D. 1754. *819. An Act for incorporating the Charlestovvn Library Society 6
*820. An Act for repeaUng such parts of an Act entitled "An Aet to cut and sink
. drains and passages into the north and west branches of Stono river,"
as relate to the west branch of Stono river, and to impower the com-
missioners therein named to cat and sink drains and water passages into
the said west branch of Stono river, and to cut or sink a drain or water
passage in the swamp called Basford's swamp, in the parish of St. Bar-
tholomew. .. . 7
*821. An Act for building a draw bridge across Ashley river, in the Parish of St. An-
drew, from some place at or near Stoney Point, on the cast side of the
marsh opposite to the said Point on the w-est side of the said river, and
for making a causey upon the said marsh, leading to the said bridge, and
(or making a road to the said bridge and causey, and for vesting the
said bridge, w hen built, in such person and persons, his and their heirs
and assigns, forever, as shall be at the expenre of building the said
bridge and making the said causey, and keeping the same at all times
hereafter in repair 7
*822. An Act to prevent the inveigling, stealing, and carrying away Negroes and oth-
er Slaves in this Province, and to prevent the carrying away of Schoon-
ers and Pettiaugers, and also for repeahng so much of an Act entitled
" An Act for the better ordering and governing Negroes and other
Slaves in this Province," as relates to the time within which offenders
that are apprehended shall be tried, and giving the Justices and Free-
holders a power to postpone the trial of such offenders 7
*823. An Act for ascertaining the district for cutting, cleansing and keeping in repair
the Creek or Cut commonly called the Hawl-over 7
824. An Act to divide the Parish of St James Santee, in Craven County, and for
, establishing another Parish in the said County, by the name of the Pa-
rish of St. Stephen, and appointing the Chapel of Ease in the said Pa-
rish of St. Stephen to be the Parish Church, and declaring the Chapel
of Ease at Echaw, in the Parish of St. James Santee, to be the Parish
Church, and for appointing Commissioners to erect a Chapel of Ease
near Wambaw Bridge, in the said parish of St. James Santee, and for
ascertaining the number of members to represent the inhabitants of the
said parishes respectively in the General Assembly of this Province,
and for appointing Commissioners for the High Roads in the said Pa-
rishes respectively 8
*825. An Actappointing Commissioners for repairing and keeping in repair the bridge
overCombee river, from the causey to the town of Radnor, and Com-
mi-ssioners for rebuilding and keeping in repair the bridge over Wappoo
Creek in the Parish of St. Andrew, and declaring the said bridge and
Hooper's bridge, in the said Parish of St. Andrew, to be Parish bridges,
and for appointing Commissioners for the said bridge 10
826. An Act for applying that fifth part of the tax imposed by the general duty law
on the first purchasers of Negroes and other slaves imported, which was
applied as a bounty to be given for the building of ships, and as an en-
couragement to Ship-wrights and Chaulkers to become settlers in this
Province, to the uses therein mentioned ; and for building a Pest House
and erecting a Beacon ; and for appointing and impowering Commis-
TABLE OF CONTENTS. v
A. D. 1754. No. sioners to execute the same ; and to purchase a piece of Land con-
venient for these purposes ; and for purchasing a piece of Land in
Charlestown, and for building anotlier Powder Magazine thereon 10
*827. An Act for vesting the Ferry over Savanna river, at the Garrison of Fort
IMoore, in New Windsor, in John Stewart of New Windsor, his execu-
tors, sdministrators and assigns, for the term therein mentioned ; and
for estahhshing a Ferry over Santee river, in the township of Saxe-
Gotha, from the land of Martin Fridig, on the South side, to the oppo-
site landing on tlie North side of the said river, and for vesting the same
in the said 3Iartin Fridig, his executors, adu[iinistrators and assigns, for
the term therein mentioned 13
828. An Act to revive and continue the several Acts of the General Assembly of
this Province therein mentioned 13
829. An Act for raising and granting to his Majesty the sum of thirty-seven thousand
eight hundred and ninety-eight pounds one shilling and six pence three
farthings, and for applying the sum ot four thousand two hundred and
fifty-six pounds and eleven shillings, being ihebalancesof several funds
in the public treasury of this Province, making together forty-two
thousand one hundred and fifty-four pounds twelve shillings and six
pence three farthings, for defraying the charges of this Government for
one year, commencing tlie twenty-firth day of March, in the year of
our Lord one thousand seven hundred and fifty-three, inclusive, and
ending the twenty-fifth day of March, one thousand seven hundred
and fifty-four, exclusive.
A. D. 175.5. 830. An Ordinance appointing a Comptroller of the Country Dutj's and a Country
Waiter of the Fori of Charlestown, and a Comptroller and Receiver of
the Country Dutys for the Port of Beaufort, Port Royal 14
831. An Act for impowering the Church Wardens and Vestry of the Parish of St.
Bartholomew to dispose of the Pews in the Chapel lately erected in the
said Parish 15
*832. An Act for laying out, making and keeping in repair a road from Purrysburgh
to Bee's Creek, in Granville County, and for discontinuing such part of
the present high road as leads from Day's Creek to Purrysburgh 16
833. An Act for reviving and continuing seyeral Acts of the General Assembly of
this Province therein mentioned ; and for amending one of the said Acts
entitled " An Act for the better regulating of the militia of this Pro-
vince, and for repealing the former Acts for regulating the militia, and
for repealing an Act entitled an Act for the further security and better
defence of this Province" 16
834. An Act to restrain the exportation of Provisions and Warlike Stores from this
Province, for the time therein mentioned 17
835. An Act for raising and granting to his JMajcsty the sum of sixty-two thousand
one hundred t.nd thirty-four pounds sixteen shillings and ten pence half
penny, and for applying the sum of three thousand and twenty-one
pounds three shillings and eight pence, (being the balance in the gene-
ral duty fund) making together the sum of sixty-five thousand one hun-
dred and fifty-six pounds and six pence half penny, for defraying the
charges of this Government for one year, ending the twenty-fourth day
of March last, and toward repairing the old and building new fortifica-
tions in this Province, and for other services mentioned in the schedule
to this .\ct annexed ; and also to enable the Public Treasurer for the
time being to issue certificates, payable out of the Fortification Fund,
for the more immediate repairing and building the said fortifications :
And also for raising and granting to his Majesty the further sum of
thirty three thousand and six hundred pounds current money, (which
with the sum of eight thousand and four hundred pounds, provided for
this service in the schedule aforesaid, is equal to six thousand pounds
sterling,) as the contribution of this Province to a common fund to be
employed provisionally for the general service in defending his Majes-
ty's just rights and dominions in North America ; and appointing com-
t TABLE OF CONTENTS.
A. D. 1753. No missioners for stamping and signing Piihlio Orders for the more immedi-
ate and expeditious issuing of the said sum of thirty-three thousand and
six hundred pounds : and providing a fund for sinking the snid Public
Orders in five years, by a general tax and assessment on the estates,
real and personal, of the inha')itants of and otliers interested in this
Province.
836. An Ordinance impovvoring tlie Governour, his Majesty's Council, and the other
persons therein named, to settle and regulate the trade to be carried on
from the Province of South Carolina with the Creek Indians 19
A.D. 1756. 837. An Act for paying the sum of thirty pounds sterhng per annum, or the value
thereof in the currency of this Province, to the Rectors or Ministers of
stich of the Parishes in this Province, as do not or shall not receive a
Salary or Mission money from the Society for propagating the Gospel
in foreign part.s, and providing salarys for such ministers of the Gospel
as shall preach and perform Divine service at the Congrces and
;it the Waterees 20
838. An Act lor building a new Church in the Parish of St. Paul in Colleton
County 22
839. An Act lor making more effect ual an Act of the General Assembly of this Pro-
vince entitled "An Act for founding and erecting, governing, ordering
and visiting a Free School at the Town of Dorchester, in tiie Parish
of St. George, <n Berkley County, for the use of the inhabitants of the
Province of South Carolina 23
840. An Act for building a new Church in the Parish of St. John, in Berkley
County.
841. An Act establishing tlie Ciiapel on James Island, in the Parish of St Andrew,
a Chapel of Ease, and for the due performance of Divine Worship in
the several Chapels of Ease established by law in this Province 25
*84'i. An Act for making a road across Hilton Head, from Port Royal Inlet to Callibo-
gy Inlet ; and a road from the Fording Islands to the head of Okatee
Cret k, in Granville County, and appointing Commissioners for the said
roads 25
♦843. An Act establishing ferrys over Waccamaw and Peedee rivers, and vesting the
.same in the persons therein mentioned, and appointing and impow-
ering Commissiimers ibr making loads leading to the said ferrys 26
*84-4. An .\ct for cleansing, clearing and makmg navigable the head of Ashepoo river,
from Ashepoo bridge to the fish pond bridge ; and lor cleansing, clear-
ing and making navigable Chechesscy creek, from the mouth of the
same to the public landing know-n by the name of the Cliechessey
landing, and for appointing Commissioners for clearing the Horse-Shoe
creek, in the room of those who are dead 26
845. An Ordinance for appointing William ?Jiddleton, late of this Province, E.squire,
Agent to solicit the affairs of the inhabitants of this Province in Great
Britain 26
♦846. An additional Act to an Act entitled " An Act for preventing, as much as may
I be, accidents which may happen by fire in Charlesiown, in the Pro-
vince of South Carolina, and for perserving the Fire Engines in the
said town, and for rendering the same as u.seful as may be in case
of fire" 27
*847. An Act for laying out, making and keeping in repair, a road from Purrys-
burgh to Bee's creek, in Granville County, and for discontinuing such
part of the present high road as leads from Day's creek to Purrysburgh . .27
848. An Act to revive and continue the several Acts of the General Assembly there-
in mentioned, and for continuing one of the said Acts entitled "An
Act for the better restraining Seamen from absenting from their service,
and for encouraging the apprehending and securing of fugitive seamen,
and to discourage frivolous and vexatious actions at law being brought by
Seamen against Masters and Commandants of ships and other vessels ;"
and also another of the said Acts for preventing contagious distempers.. 27
849. An Act to encourage the making of Flax and Hemp in the Province of South
Carolina ^^
TABLE OF CONTENTS. vu
A. D. 1756. No *850. An Act for layins; out, making and keeping in repair a road from the bri(l2;e
commonly called Minnick's bridge, to the 15 mile post on the road lead-
ing from Orangebiirgh township to Charlestown, and for rebuilding the
said bridge and keeping the same in rei)air 30
*851. An Act for establishing a ferry over Santee river, at .he place commonly called
Beard's Ferry, and vesting the same in Jan.es Beard, his executors,
administrators and assigns, for the term therein mentioned ; and apply-
ing part of the surplus of the money which was granted for making the
Wateree navigable, toward mnking a road or causey over the swamp
on Santee river, leading to the said ferry; and appointing commission-
ers for making and keeping in repair a road from the said ferry to the
most convenient part of the road leading from the Congrees to Charles-
town 30
*852. An Act for establishing a ferry from the plantation ot Theodore GaiUard, on the
south side of Santee river, to Mnrray's landing, on the north side of the
river, and vesting the same in the said Theodore GaiUard, his execu-
tors, administrators and assigns, lor the lerm therein mentioned ; and
for cleansing and clearing the creek therein mealioned, for the more
convenient passing the said ferry 30
853. An Act for the encouragement of Adam Pe.iingion, in his projection of a new
machine for cleaning^Rice "
*854. An additional Act to an Act entitled "An Act for the better regulating
the Port and Harbor of Charlestown and the Shipping frequenting
, 31
the same
8.55 An Act for disposing of the Accadians now in Charlestown, by settling one
fifth part of their number in the Parishes of St. Philip and St. Michael,
and the other four parts of them in the several other Parishes within
this Province"
856. An Act for raising and granting to his 3Iajesty the sum of ninety-one thousand
one hundred and fifty-seven pounds eleven shillings and three pence
three farthings, and for applying two thousand four hundred and sev-
enty-one pounds eighteen shillings and nine pence, being the balance
of several funds in the public treasury of this Province, making together
ninety-three thousand six hundred and twenty-nine pounds ten shil-
lings and three farthin^^s. for defraying the charges of this Government
for one year, commencing the twenty-fifth day of March, in the year
of our Lord one thousand seven hundred and fifty-five, inclusive, and
ending the twenty-fifth day of March, one thousand seven hundred and
fifty-six, exclusive, and for other services therein mentioned.
857. An Act appointing James Wright, Esquire, Agent to solicit the affairs of the
inhabitants of this Province in Great Britain 34
A. D. 1757. 853. An Act dividing the Parish of Prince Frederick, in Craven County, and estab-
lishing another Parish in the said County by the name of the Parish of
St. Mark, and appointing Commissioners for buifding a Church and
Parsonage Hou.se therein, and ascertainnig the number of members to
represent the inhabitants of tho said Parishes respectively in the Gene-
ral Assembly of this Province 35
*859. An Act for making and keeping in repair a road across the Parish of St. Paul,
from the south to the north boundary thereof, and a bridge across the
south branch of Edisto river, and a road and causeway leading there-
to, and appointing Commissioners to execute the same 37
*860. An Act for incorporating the Winyaw Indico Society 37
861. An Act for continuing part of an Act entitled "An Act for the erecting and
supporting ot a Beacon, near the bar and harbor of Charlestown, and
for placing Buoys on or near the said bar. for the use of ships and other
vessels coming to the port of Charlestown ;" and for continuing and
amending another Act commonly called the General Duty Law, for the
term therein mentioned ; and for supplying the defects in the execution
of another Act entitled " An Act for making more effectual an Act of
the General Assembly of this Province, entitled an Act for founding and
nu TABLE OF CONTENTS.
A. D. 17:17. \o. erecting, governing, ordering and visiting a Free School at the Town
of Dorchester, in the Parish of St. George, in Berkley County, for
the use of the inhnbitants of the Province of South Carolina" 38
' *862. An Act to impower certain commissioners therein mentioned, to keep clean and
in good repair the Streets of Charlestovvn 42
863. An Act to appoint and establish new lists of Jurymen, to be drawn by ballot
in this Province 42
864. An Ordinance appointing a Comptroller of the Country Duties for the Port of
Georgetown, VVinyaw 44
865. An Act for raising and granting to his Majesty the sum of one hundred thou-
sand four hundred and thirty-one pounds thirteen shillings and ten
pence half [)enny, and for applying thirteen thousand one hundred and
eight pounds eleven shillings and nine pence (being the surplus of taxes
and the balance of several funds in the public treasury of this Province)
making together the sum of one hundred and thirteen thousand five
hundred and forty pounds five shillings and seven pence halfpenny,
for defraying the charges of this Government for one year, commenc-
ing the twenty-fifth day of 3Iarch, in the year of our Lord one thou-
sand seven hundred and fifty-si.v, inclusive, and ending the twenty -fifth
day of March, one thousand seven hundred and fifty-seven, exclusive ;
, and for other services therein mentioned.
866. An Act granting to his .Majesty an aid of one hundred and sixty thousand
pounds current money, to defray the expenceof raising, cloathing and
maintaining for one year a regiment, to consist of seven companies of
soldiers, each to be composed of one hundred men, besides, officers,
five of which companies to be employed as well in the immediate de-
fence of South Carolina as in the general service of North America,
and the other two companies to be employed wholly in the service of
this Government ; and to discharge the arrears due to the Provincials
garrisoned at Fort Loudoun, and to pay for six months provisions for the
said Provincials; and granting his 3Iajesty the further sum of Ibrty-four
thousand three hundred pounds, for fortifying Charlestown and repair-
ing and strengthening Fort .lohnson; and for stamping orders for the
more expeditious issuing of the said sums, toget)»er witli the further
sum of twenty-five thousand pounds, heretofore granted to his .Majesty
for the use of the fortifications, and providing funds to -call in and sink
the said orders, within the times therein limited.
867. An Ordinance appointing Morton Brailsford, Esq. Comptroller of the Country
Duties in the Province of South Carolina, the Ports of Georgetown,
Winyaw, and Beaufort, Port Royal, excepted 45
868. An Act to revive and continue the several Acts and clauses of Acts of the
General Assembly of this Province, and for amending some of the said
Acts, in the manner therein mentioned 46
A. D. 1758. 869. An additional Act to the Acts for the better relief of the Poor of this
Province 49
*870. An Act establishing a road lately laid out from Tippicut Law Old Field, in St.
.John's Parish, to Murray's ferry road, in St. Stephen's Parish, and
for discontinuing such part of Murray's ferry road as is therein men-
tioned 50
*87L An Act for establishing a ferry from Hooping Island to Boone's Island, and
to open a communication from thence to the high road on Edisto Island.. 50
872. An Act impowering Magistrates to enlist Vagrants in the South Carolina
Regiment 51
873. An Ordinance to appoint Mr. Henry Bedon, Country Waiter for the Port of
Charlestown 52
874. An .Vet for raising and granting to his fliajesty the sum of one hundred and
sixty-six thousand four hundred and thirty-eight pounds fourteen shil-
lings and seven pence farthing, and applying eight thousand and sixty-
nine pounds three shillings and six pence, (being the surplus of taxes
and balance of a fund in the public treasury,) making together one hun-
TABLE OF CONTENTS. ix
A. D. 1758. No. dred and seventy-four thousand five hundred and snven pounds eigh-
teen shillings and one penny farthing, to liefrny the charges of this
(ioverninent f-oin the twenty-fiftli day of March, one thousand seven
hundred and fifty-seven, to the twenty-fourth day of March, one thou-
sand seven hundred and fifty-eight, and fbr other services therein
mentioned • ■^"'
87.'). An Ordinance for rectifying mistakes in tlie names of two of the Inquirers,
Assessors and Collectors, for the Townsiiip of Saxe-Goiha, and the
Forks between the (Jongree and Watercc Kivers, and adjacent places,
appointed by the Tax Act, passed the lUth May, 1758 73
A D. 175i). 876. An Act for taxing transient persons ••
877. An Act for allowing of Discounts, and for rcpcalmg all former Acts and
paragraphs of Acts, of the General Assembly of tiiis Province, relat-
ing to Discounts •
*a7R. An Act for vesting the ferry over Santcc River, in the nay leading from
Charlestown to Williamsburgh, con moiily called Murray's Ferry, in
.Tames Hunter, Executor of the last will and testament of Joseph Mur-
ray, late of Craven County, Planter, deceased, in trust for and to the
only use and behoof of .lames iMurray, an inlant, only son and heir at
law of the said Joseph Murray, his executors, administrators and as-
signs, for a term of years therein mentioned '77
*87!t. An Act to restrain and prevent the loo frequent sales of Goods, Wares and
Merchandize, by Public Auction or Outcry m Charlestown, and for the
better regulation of such sales ''
*880. An Art to impower the Conmiissioners for building a Church and Parsonage in
the Parish of St. Michael, Charlestown, to purcha.se a lot of land and
house for a Parsonage for the sai.l I'arish, arid to dispose of and convey
in fee simple, such pews as shall be built in the said Church ; and for
• repealing several paragraphs of the Act of the General Assembly of
this Province, for dividing the parish of St. Philip, and for erecting the
said Parish of St. Michael, and a Parsonage for the same 78
881. An A<-t for preventing, as much as may be, the spreading of malignant and
contagion? distempers in this Province, and for repealing the former
Acts and paragraphs of Acts heretofore made for that purpose 78
882. An Act for the more effectual relief of insolvent debtors, and that purpose
putting in force, and effeCually carrying into execution, in this Pro-
vince, such part of an Act inadc in the Parliament of Groat Britain, in
the second year of his present Majesty's reign, entitled "An Act for
the relief of Debtors with respect to the imprisonment of their per-
sons," as is hereinafter mentioned ; and to repeal the several Acts of
Assembly now of force in this Province, for the relief of Insolvent
Debtors
883. An Act lor impowering ihe Church Wardens and Vestry of the Parish of St.
Bartholomew, to dispose of the pews in the Chapel lately erected at
Edmundbury, in the said Parish ^^
8S1. An Act to revive and continue several Acis and clauses of Acts of the Gene-
lal Assembly of this Province, and for amending some of the said Acts
... Q5
in the manner herem mentioiictl
88.x An additional Act to an Act entitled " An Act to ascertain the manner and
form of electing Members to represent the Inhabitants ol this Province
in the Commons House of Assembly, and to appoint who shall be
deemed and adjudged capable of choosing or being chosen Members
of the said House," passed the twenty-first day of September, in the
vear ot our Lord 1731, and for repealing several clauses in the said
•. , 98
Act
886. An Act to supply the defects hi evidence u here Original Wills cannot be pro-
duced, and to make the proceedings upon questions arising upon such
Wills more easy and effectual ; and for repealing so much of the second
clause of an Act for making more effectual last Wills and Testaments, as
contradicts or repeals tne ninth clause of the Act against Bastardy 101
VOL. IV.— B.
: TABLE OF CONTENTS.
A. D. IT.VJ. No. *RST. An Act to allow a fiirlher tiiun lo ilie Assessors and Collefiors for the Parishes
of St. Philip and 8t. Michael, for carrying into execution an Act of the
General Assembly of tliis Province entitled "An Act for raising and
granting to his Majesty the sum of one hundred and sixty-six thousand
four hundred and thirty-eight pounds fourteen shillings seven and one
fourth pence, and applying eight thousand and sixty-nine pounds three
eliilhngs and six pence, being the surplus of taxes and balance of a fund
in the public treasury, making together one hundred and seventy-four
thousand five hundred and seven pounds eighteen shillings one and onr
fourth pence, to defray the charges of this Government from the twen-
ty-fifth day of 3Iarch, one thousand seven hundred and fifty-seven, to
the twenty-fourth day of i^larch, one thousand seven hundred and
fifty-eight, and for other services therein mentioned 103
888. .\n \ct for raising and granting to his Majesty the sum of ninety-seven thou-
sand thiee hundred and sixty pounds fourteen shillings and four pence
half penny, and ap(>lying eighteen thousand one hundred and nine
pounds twehe shillings and fivepen^e, bemg the surplus of taxes and
balance of sever .1 funds in the public treasury, making together one
hundred anil fifteen thousand four hundred and seventy pounds six
shillings and nine pence half penny, to defray the charges of this Gov-
ernment from the twenty-fifth day of March, one thousand seven hini-
dred and fifty eight, to the thirty-first day of December, one thousand
seven hundred and fifty-eight, inclusive, and for other services therein
mentioned.
A. D. 1760. S89. An Ordinance to authorize the impressing, regulating the hire, and ascertaining
the value, of waggons, carts, horses, and drivers, to be employed in his
Majesty's service.
890. An Ordinance to appoint .Tames Ried, Esquire, Powder Receiver of this
Province 104
891. An Act to enforce a due subordination and observance of Military Discipline
among the forces employed in the service of this Province 104
892. An Act tor preventing, as much as may be, the continuance of the Small
Pox in Charleslown, and the further spreading of that distemper in
this Province i06
S93. An Act to prevent the exportation of Grain and other Provisions, and Arms,
AuiUiunition, Strouds, Duflils and Plains, from the Province of South
Carolina 109
*894. An Act for establishing and regulating the Artillery Company that was formed
out of the Militia in Charlestown , 112
*8'.!5. An Act for finishing, enlarging, repairing, cleansing and keeping clean and in
repair the common drain or sewer in Elliot-street, in Charlestown 112
896. An Act impowering the persons therein named to receive in Great Britain,
on behalf of the Province of South Carolina, the sum of money there-
in mentioned 112
897. An Act for raising and granting to his Majesty the sum of twu hundred and
forty-six thousand six hundred and ninety-three pounds two shillings
and five pence, which, with seventy thousand pounds, (granted for his
service by the Tax Act) makes three hundred and sixteen thousand six
hundred and ninety-three pounds two shillings and five pence, to de-
fray the expence of the late expedition against the Cherokee Indians,
and other charges since incurred by prosecuting the war against the
said Indians, and protecting, the back settlements of this Province, and
appointing Commissioners lor stamping and signing Public Orders for
the more easy and expeditious issuing of the said sum, and providing a
fund for sinkmg the said Public Orders in five years, by a general tax
and assessment on the Estates, real and personal, of the inhabitants and
, others interested in this Province 113
898. An Act for raising and granting to his JMajesty the sum of one hundred and
sixty-three thousand seven hundred and ten pounds six shillings and
one penny farthing, and applying seventeen thousand four hundred
TABLE OF CONTENTS. xt
A. D. 1760. No. and eighty pounds eleven shillings and five pence, (being surplus of
taxes and the balance of several tiinds in the public treasury,) making
together one hundred and eighty-one thousand one hundred and ninety
pounds seventeen shiliin^s and six pence one farthing, to defray the
charges of th.s Govenuuent from the first day of January to the thirty-
first day of December, one thousand seven humired and fifty-nine,
both days inclusive, and for oiher services therein mentioned 123
899. .\n .\ct granting to his Majesty an aid of one hundred and twenty-five thou-
sand pounds, cur ent money, and applying other monies therein
mentioned to repay the expence of raising, paying and clothing, for six
miiriths, a regiment, to consist of ten Companies of !>old;ers, each to bo
composed of one hundred men, besides officers, to be employed in the
service of this Government in prosecuting the war against the Chero-
kee Indians and their abettors, and for stampmg orders for the more
expeditious issuing of the said sum, and lor providing a fund to call in
and sink the said orders within the time therein limited 144
A. D. 1701. 900. An Ordinance to authorize the impressing, regulating the hire, and ascertaining
the value of waggons, carts, horses and drivers, lo be employed in his
IVIajesty's service 148
901. An Act for the continuing, meeting and silting of the Getieral Assemldy
of this Province, in case of the demise of his Majesty, his heirs and
successors 149
902. An Act for imposingand continuing an additional duty on all Wines', Rum, Bis-
cuit and Flour, to he hereafter importetl, during the term therein men-
tioned, and for applying part of the said dutys to the payment of the
South Carolina Regiment 150
903. .A.n Act for reviving and continuing part of an Act of the General Assembly of
this Province, entitled "An Act for laying Buoys and erecting and sup-
porting Beacons or Land Marks near the Bar of the Harbor of George-
town, Winyavv; and for building and repairing one or more Boat or
Boats to attend the Bar of the said Harbor, and for the better settling
and regulating the Pi'otage of the said Harbor, and for obliging such
vessels as go to the said port of Georgetown, to pay powder duty ;"
and for apprt)priating the duties on all Goods, Wares and Merchan-
dizes imported and exported into or out of the Port of Georgetown,
Winyavv, since the expirr.tion of the said Act, to and for the purposes
therein mentioned 151
904. An Act enabling the Rector and Church Wanlens of St. Bartholomew's Parish
lo sell and convey the old Glebe Land at Chchavv, in the said Parish,
and with the money to arise from the sale thereof, to purchase slaves;
and for vesting such slaves, with their future issue and increase, in the
present Rector or Minister and his successors in the said Parish 152
*905. An Act for the establishing, keeping and mainiaiiiing a Waich Company,
for preserving good order and regulations in Charlestown 153
90fi. An Act for repealing an Act passed the seventh day of October, in the year of
our l.ord one thousand seven hundred and fifiy-tvvo, for altering and
amending the sixth and seventh paragraphs of the .4ct commonly call-
ed the General Duty Act. and for appropriating and applying three-
fifths of the tax appropriated and applyed by the said sixth and
seventh paragraphs of the said last mentioned Act as is hereinafter
mentioned.
907. An Ordinance appointing William Hope, Gentleman, Comptroller of the Coun-
try Dutys for the Port of Beaufort, Port Royal, in the Province of fcjomh
Carolina 154
908. An Act appointing Commissioners to stamp and sign the sum of twenty-thou-
sand pouuds in lawful paper Dills of Credit, for exedianging such lawful
paper Bills of Credit as are now outstanding, and are become obliterat-
ed, torn and dpficed 154
WJ. ;\n Act for raising and granting to his Majesty the sum of two hundred and
eighty-four thousand seven hundred and fifty-seven poundss soventeeii
u TABLE OF CONTENTS.
A.U 1761. No. shillings and four pence three farthings, and applying twenty-four
thousand and seventy pounds nineteen shiUings and eight pence three
farthings, being surplus of taxes and the balance of several funds
in the public treasury, making together thre« hundred and eight thou-
sand eight hundred and twenty-eight pounds seventeen shillings and
one penny halfpenny, to defray the charges of this (Jovernnient from
the first day of January to the thirty-first day of December, one thou-
sand seven hundred and sixty, both days inclusive, and for other servi-
ces therein mentioned.
A. D. 1762. 910. An Act for building and keeping in repair a Pilot Boat, to attend the Bar and
Harbour of Beaufort, Port Royal, and for the better settling and regulat-
ing the Pilotage of the said Harbour 156
911. An Act for the better preventing of excessive and deceitful (naming, and to
prevent the occupiers of Licenced Public Houses, and other houses
whcrei'U Liquors are sold, from suffering apprentices, overseers, jour-
neymen, laborers and servants, from Gaming therein 153
912. An Act for erecting a new Church in the Parish of St. Stephen, and for estab-
lishing a road in the said Parish, instead of part of the road leading from
Palmer's Ferry to Watboo Bridi;e, and for appoining Commissioners for
building a Chapel of Ease near Wambaw Bridge, in the Parish of St.
James Santee 162
913. An Act appointing Charles Garth, Esq., Agent to solicit and transact the affairs
of this Piovince in Great Britain 164
*914. An Act for vesting the ferry over Ashley River, in Edward Legge, his Execu-
tors, administrators and assigns, for fourteen years 165
915. An Ordinance for appointing 3Ir. Joseph Hutchins. Country Waiter for the Port
of Charlestown ; and Mr. Richard Stevens, Country Waiter for the
Port of B.raufort, Port Royal 165
*916. An Act lor dividing the road leading from the Upper Settlement, near the Ca-
tawba nation, to Nelson's (late Beard's) ferry, in two districts, and ap-
pointing a greater number of Commissioners lor the said road ; and for
laying out a road from Saunder's Creek to Peedee river ; another from
Murray's ferry to Nelson's (late Beard's) ferry; and another from the
plantation of Dennis Hagen, in Craven County, to Murray's ferry ; and
forimpovvering the Commissioners of the high-roads in St. James San-
tee, to build a new bridge over Wambaw creek, in the said Parish ; and
also, impowering the Commissioners of the high-roads lor the Paris 4
of St George, to alter the road leading through the village of Dor-
chester 165
*9I7. An Act for finishing, compleating and keeping in repair a road already laid out
from Day's creek bridge, in Granville County, to the plantation of Jer-
myn and Charles Wright, called Rochester, situate on Savannah river,
in the said County, and for establishing a ferry over the said river, from
the said plantation of the said Jermyn and Charles Wright, to the plan-
tation of Jonathan Bryan, in Georgia 166
918. An Ordinance for appointing a Comptroller of the Country Duties for the Port
of Charlestown 166
919. An additional Act loan Act entitled " An Act to encourage the making of
Hemp" 166
9'iO. An Act to regulate the trade with the Cherokee Indians, by taking the same
into the hands of the put)lic of this Province 163
*921. An Act for establishing a ferry from the plantation of George Roupell, Esq.,
called Patterson's Point, on Port Royallsland, to the land now of Joshua
Morgan, on the Indian land, and for vesting the said ferry in the said
George Roupell, his executors, admistrators and assigns, for the term of
ten years ; and for establishing one other ferry from the said land of
Joshua 3Iorgan to the said plantation of George Roupell, Esq., and for
v-esting the same in the said Joshua Morgan, his executors, administra-
tors and assigns, for the like term 173
922. An Act to regulate the Coasting Trade of this Province, and for impowering
TABLE OF CONTENTS. xm
A. T). 1762. No. the Governor to appoint officers for preventing fnuuls and abuses
therein, and to ascertain the places and tinges lor shipping and dis-
I charging goorjs ''•'
923. An Act iinpovvcring the (iovernor, or (.'omniander-in-c-hief lor the time being,
to authorize the impressing of Horses by persons carrying expresses. . . .176
924. An Act to prevent stealing of Horses and Cuttle, and for>the more etlectual
discovery and punishment of snch persons as shall unlawfully brand,
mark t>r kill the same 177
92.i An Act for raising and granting to his .Alajesly the sum of one hundred and
sixty-two thousand one hundred and twenty pounds eU'ven shillings
and three pence half penny, and applying thirty eight thousand two
hundred and twenty-six pounds fourteen shillings and seven pence, be-
ing surplus of taxes and balance of several funds in the puhli^ treasury,
making together two hundred thousand three hundred and forty-seven
pounds five shillings and ten pence half penny, to defray the charges
of this Government from the first day of January to the thirty-first
day of December, one thousand seven hundred and sixty-one, both
days inclusive, and for other services therein mentioned.
A. D. 1764. ^'^^- -^" ^^^ ^^^ suppressing and preventing private Lotteries .180
*927. An Act to impovver certain Commissioners ilierein mentioned to keep clean and
in good order and repair the Streets in Ciiarlestown, and for establish-
ing other regulations in the said town 181
*929. An Act for allowing an assistant to the Rector or Minister of St Michael's Pa-
rish, Charlestown, for the time being ; for settling an allowanee or sala-
ry of two hundred pouniis sterling per annum on the said assistant, and
for settling the same allowance on the assistant of St. Philip's Parish,
for the time being, in lieu of the former salary of fifty pounds sterling
and subscriptions allowed such assistant ; for allowing two hundred
pounds currency per annum, for the repairs of St. Michael's Church,
and for enabling the Church Wardens and Vestry for the time being, of
St. Michael's Parish, to sell the old and to purchase a new Parsonage
for the said Parish of St. Michael's 181
929. An Act for enabling the Church Wardens and Vestry of St. Andrew's Pa-
rish, to dispose of the pews in the Church of the said Parish 181
930. An Act for preventing, as much as may be, the spreading of the Small Pox.. 182
931. An Ordinance to appoint Mr William 3Iasscy, Country Waiter for the Port of
Charlestown.
.185
932. An Act for building a Church on the new Glebe Land in St. Paul's Parish ; and
for finishing and keeping in repair the road laid out from Beech Hill to
Slann's Island, and from thence to Dawhoo river ; and appointing Com-
missioners for the purposes aforesaid 185
933. An Act for laying an additional duty upon all Negroes hereafter to be import-
ed into this Province, for the lime therein mentioned, to be paid by the
first purchasers of such Negroes 187
934. An Ordinance to repeal part of an Act entitled " An Act to regulate the trade
with the Cherokee Indians, by taking the same into the hands of the
public of this Province," and to impower the Commissioners to sell
and dispose of such Goods as are in their hands by virtue of the said
Act.
.188
935. An Act for raising and granting to his Majesty the sum of two hundred and
twenty thousand three hundred and seven pounds seven shillings and
three pence, and applying thirty-four thousand six hundred and twenty-
four pounds thirteen shillings and seven pence, being the balance of
several funds in tlie public treasury, making together two hundred and
fifty-four thousand nine hundred and thirty-two pounds and ten pence,
to defray the charges of this Government from the first day of Janua-
ry, one thousand seven hundred and sixty-two, to the thirty-first day of
December, one thousand seven hundred and sixty-three, both days in-
chisive, and for other services therein mentioned 189
A. D. 1765. 936. An Act to revive and continue, for the term therein limited, several Acts and
clauses of Acts of the General Assembly of this Province 206
iiv TABLE OF CONTENTS.
A. D. 1765. No. 937 An Act for allowins further time to the Inquirers, Assessors and Collectors of
the several Parishes and Districts in tliis Province, for carrying into
execution the General Tax Act, passed the sixth day of October, in the
year of our Lord one thousand seven hundred and sixty-four, in the
fourth year of his Majesty's reign 210
933. An Act to impower the persons therein named to ocll and dispose of a tract
of land on Wadmelaw Island, therein mentioned, and to purchase
another tract for the use of the Minister or Pastor of the Meeting House
on John's Island 2i3
*939. An Act to promote and carry more fully into execution "An Act to incorpo-
rate the Winyaw Indico Society," now of force in this Province 213
940. An Act for raising and granting lo his Majesty the sum of one hundred and two
thousand nine hundred and twenty-seven pounds twelve siiillings and
three pence, and applying thirty thousand two hundred and seventy
pounds eight shillings and nine pence, (being the balance of several
funds in the public treasury,) making together one hundred and
thirty-three thousand one hundred and ninety-eight pounds and
one shdling, to defray the charges of this (Government from the first
day of January, to the thirty-first day of December, one thousand
seven hundred and sixty four, both days inclusive, and for other servi-
ces therein mentioned 214
*'Jll. .\n Act for laying out a public road from the muster field of Godfrey's Sa-
vanna, in the Parish of St. Bartholomew, norlh-westwardly across
Black Creek and the Great Swamp, being the easternmost branch of
, the Saltcatcher river, and into ti:e fork, and to the German settlements,
and for appointing Commissioners for the same 228
*912. An Act to establish a ferry from Lady's to St. Helena Island ; also from Hob-
caw to Cliarlesiown ; from Daniels's Island to Charlestovvn ; from
South F^disto to the land of Wm. Drayton, Esq. ; from New Windsor
to .Augusta ; and from the ferry of 3Ioses Kirkland, on Saluda river,
to the opposite shore ; and establishing a road leading from the said last
mentioned ferry ; and lor making Parker's Ferry a public ferry ; and
for establishing a ferry from Marr's Bluff to the opposite shore ; and
to appoint new Commissioners for removing obstructions in the Wa-
teree river 229
943. An Act for the encouragement of John Cnthbert in his projection of certain
implements for the better cultivation of Rice and other Grain 229
944. An Act for establishing a Parish in Berkley County, by the name of St.
Matthew, and for declaring the road therein mentioned to be a pub-
lie road 230
945. An Act for appointing an additional number of Inspectors, who may judge and
determine what Hemp is entitled to the premiums or bounty given by
the laws of this Province 232
AD. 17G6. 9-16. An Act for restraming the exportation of Indian Corn and Peas, for the time
therein mentioned 233
947. An Act for granting and allowing to the several inhabitants of this Province
and others interested therein, a further time for the payment of the
taxes imposed in and by an Act of the General Assembly of this Pro-
vince, commonly called the Tax Act, passed the sixth day of April, one
thousand seven hundred and sixty-five 234
943. An Ordinance to prohibit the exportation of Rice, and for supplying the inhabi-
tants of this Province, who are in want thereof, at the price and for the
time therein limited 236
*949. An Act to establish a public road to lead from the ferry commonly called John
ftlcCord's ferry, on the Congaree river, to Fishing creek on the Cataw-
ba river ; and likewise for establishing and making public a road com-
monly called Lee's road, which leads from the extreme parts of this
Province to Howell's ferry on the Congaree river, thence to Beaver
creek, and thence to the Congaree road ; and also for making public
and vesting in John IMcCord, and the proprietors of the land on the
TABLE OF CONTENTS. xv
A. D. ITfjfi. No. opposite side of the said John l\kCord, Zebulon Giuiiit, Samuel Wyley
and Grace Ilussel, respectively, the several ferries herein men-
tioned 238
*950. An Act for erecting a bridge over S:iltcather river and for establishing a ferry
over Condjahee river, and for vesting ilie said icrry in Stephen Bull,
his heirs and assigns, for the term of fourteen years 238
951- An Act for raising and granting to his Majesty the sum of tliirty-live thousand
five hundred twenty-nine pounds seventeen shillings one penny, and
applying the sum of thirty-five thousand six hundred and seventy-five
pounds eight shillings and seven pence one half penny, (being the bal-
ance of several funds in the putilic treasury,) making together the sum
of seventy one thousand two hundred and five pouiuls five shil-
lings and eight pence one half penny, to defray tlie charges of this
Government iroin the first day of January, to the thirty-first day of
December, in the year of our Lord one thousand seven hundred and
sixty -five, both days inclusive, and for other services therein men-
tioned ." 238
952. An Ordinance tor appointing Benjamin Simons, Esq. Commissary (Jeneral of
this Hrovince 254
A. D. 1707. *'J53. An Act for erecting a bridge over VVappetavv creek, and e-stabli-shing a new road
and from the said bridge, and for discontinuing the old bridge over the said
creek, and part of an old road leading to and from the said old bridge ;
and for putting the road leading from the j)lantation of Clembnt Lam-
priere, Iis(]. at Ilobcaw, to the public road leading to the Parish
Church of Christ Church, under the. direction of the board of commis-
sioners of the said Parish 254
*954. An Act impowering the Commissioners of the Streets in Charlestown to
lay out and coniiime old Church-.street to George-street in Ai.sonbo-
rough, and for building a bridge and causeway at the north end of the
Bay of Charlestown 254
*955. An Act for establishing a ferry over Port Royal river, from Beaufort to White-
hall, on Lady's Island 255
956 An Act for erecting a Chapel of Ease in the upper part of St. George's Parish,
and for obliging the Rector or .Minister of the said Parish to perform
divine service therein ; and for repealing the seventh paragraph of an
.\ct of the General Assembly, passed the twenty-fiith day of 3Iay, one
thousand seven hundred and fcrty-five, and an Act passed the thir-
teenth day oi' April, one thousand seven hundred and filty-six ; and for
appointing certain Conmiissioners in the upper part of the said Parish,
to be added to the present Board of (."ommissioners ; and also for ap-
pointing certain Commis.sioners for carrying into execution an Act of
' the General Assembly, passed the ninth day of April, one thousand
seven hundred and tliirty-fonr 255
957. An Act for granting to his Blajesty the sum of sixtj thousand pounds, for the
building an Exchange and Custom House, and new Watch House, in
Charlestown, for the service of this Government, and for otlier services
therein mentioned, and for appointing and impowering Commissioners
to execute the same 257
*958. An Act for the more frequent holding of the Courts of Genera' Ses.-ions of the
Peace, Oyer and Terminer, Assize, and General Goal Delivery, and to
appoint and establish a new list of Jurymen, and to authorize and
empower the Assistant Judges to lake renunciations of dower from
feme coverts 261
959. An Act for granting to his Majesty the sum of eighteen thouscnd pounds cur-
rent money, to be paid for a General Survey of this Province, and for
appointing Conmiissioners to enter into a written agreement with Taci-
tus Gaillard, Esq. and Mr. Jamee Cook, for that purpose 262
960. An Act to revive and continue, for the term therein limitted, several Acts and
clause.s of Acts of the General Assembly of this Province, and for
repeaUng part of the General Duty Act, and for appointing n-
cvi TABLE OF CONTENTS.
A.n 17(37 No. spectors of Hemp for the Ports of Georgetown and Beaufort, Port
Roy:.!..... 2G4
%l. An Act for establishing a Parish in Granville County, by the name of St. Luke,
and also for establishing a parish in Craven County, by the name of
All Saints ; and tor erecting a Chapel of Ease in the Parish of Prince
Frederick Se-i
'J62. AxU Act for raising and granting to his Majesty the sum of eighty-five thousand
nine hundred and fifty pounds two shillings and five pence, and apply-
ing the sum of thirteen thousand five hundred and nineteen pounds six
shillings and six pence, being the balance of several funds in the public
treasury, making together the sum of ninety-nine thousand four hun-
dred and sixty-nine pounds eight shillings and elevenpence, to defray
the charges of this Government, from the first day of January, to the
thirty-first day of Decemiier, one thousand seven hundred and sixty-
six, both days inclusive, and for other services therein mentioned 268
A. U. 1708. %.'!. An Act to prevent stealing of Horses and Neat Cattle, and lor the more effec-
tual discovery and punishment of such persons as shall unlawfully
brand, mark or kill the same 2*^4
%L An Act for regulating and ascertaining the rates of Wharfage of Ships and
IVIerchandize, and also for ascertaining the rates of Storage, in Charles-
town ^^6
*9Gb. An Act to appoint and authorize Commissioners to cut a Canal from the upper
end of Broad-street to Ashley river, and to reserve the vacant marsh on
each side of the said Canal for the use of a Common for Charlcstown ;
and to impower the Commissioners of the Streets in Charlestown to
remove a certain nuisance in the Street commonly called Allen's street .2U3
*96G. An Act for appropriating the present Work House for a place of Correction, for
' buildmg a Poor House and Hospital, for estai)lishing further regulations
respecting the poor, and for appropriating a burial ground for transient
persons who shall happen to die in Charlestown ' 293
*9fi7. An Act for altering and amending an Act passed the severUh day of Way one
thousand seven hundred and forty-three, entitled " An Act for making
satisfaction to proprietors whose lands are in any way damnified by
the works lately erected and now erecting and carrying on, or which
may be thought necessary to be erected and provided for, by the
General Assembly, for the defence of (Charlestown, and for vesting
the lands on which the said works stand, or may stand, in the public
forever" "^4
9fiS. An .Act to revive and continue, for the term therein limited, several Acts and
clauses of Acts of the General Assembly of this Province 294
*969. An Act to appoint Commissioners to lay out, cut, sink, and keep in repair, seve-
ral drains or water passages, to carry off the waters falling into, and
for draining the swamp commonly called Cacaw Swamp, and the
lands at the head thereof. Also, to appoint Commissioners to lay out,
make, and keep in repair the roads therein mentioned, in the Parishes
of St. Luke and St. Peter: and lor making and keeping in repair a
drain on the Cypress Swamp, from Bacon's bridge to the plantation
of Robert Eckles 297
970. An Act for building a new Church in the Parish of St. James, Santee, and for
converting the present Ohurch in the Parish into a Chapel of Ease, and
for building anolh.-r Chapel of Ease at or near the seven mile post on
the rond leading from Cochran's ferry to Charlestown, and for selling
the present and purchasing a new Glebe in the said Parish.
971. An Act for establishing a Parish in Berkley County, by the name of St. Mat-
thew, and for declaring the road therein mentioned to be a Public Road . .298
972. An Act for establishing a Parish in Craven County, by the name of St. David,
and for appointing Commissioners of the High- Roads in the said Pa-
rish 300
*973. An Act for establishing and making public a road to lead from Orangeburgh to
Saludy, and from thence to Bush and Rayburn's Creeks, and for appoint-
/
/
TABLE OF CONTENTS. xvir
A. T). 1708. No. ing Commissioners for the same ; and also for establishing and making
pulilie a ferry over Saludy river, and for vesting the same in Samuel
Kelly and John 31illh()use, their executors, administrators and assigns,
f .r the term therein mentioned 302
*974. An Act for estulDlisliing a ferry at the lands of James James, in the Welch tract,
in the Parish of Prince Georse. opposite Cedar Creek, in the Parish of
St. 3Iark ; and also for establishing and making public a road to lead
from the north-east side of the said ferry down the country, into the
publii- road ; and likewise a road to lead from the upper side of Cedar
Creek, and also a road to lead from the lower side of the said creek into
the public ro.id leading down the country 302
*97.5. An Act for altering a private path or road, formerly laid out by the Board of
Commissioners, in the Parish of St Thomas and St. Dennis, through
the plantation of the Kev. Alexander Garden, to the plantation of Thom-
as Akin, and for establishing one other private path or road to the plan-
tation of the said Thomas Akin, and for vesting the lands and effects
lately belonging to the French Church in the said Parish, in the Church
Wardens and Vestry of the said Parish 302
976. An Ordinance to appoint Mr. Joseph Jenkins, Jr. Country Waiter for the Port
of Beaufort, Port Royal.. 302
977. An Act for granting a loan of one thonsand five hundred pounds to the Vestry
of St. Michael's Parish, Charlestown, for the terra of three years with-
out interest, to pay P.arish charges, and for providing a security for
the re-payment of the same to the public, and for other purposes here-
in mentioned 303
97S. An Act for building a new Church in the Parish of St James Santee, and
for converting the present Church in the said Parish into a Chapel
of Ease ; and for building anotlier Chapel of Ease at or near the sev-
en mile post, on the road leading from Cochran's ferry to Charles-
town, and for selling the present and purchasing a new glebe in the
said Parish 304
979. An Act for raising and granting to his Majesty the sum of one hundred and five
thousand seven hundred and seventy-three pounds nine sliillingsand sis
pence, and applying the sum of forty-four thousand six hundred and
seventy three pounds four slullings and seven pence, being the balance
of several funds in the Public Treasury, making together the sum of
one hundred and fifty thousand four hundred and forty-six pounds (bur-
teen shillings and one penny, to del"ia5: the charges of this Government
from the first day of January to the thirty-first day of December, one
thousand seven hundred and sixty-seven, both days inclusive, and for
other services therein mentioned.
*930. An Act for establishing Courts, budding Goals, snd appointing Sheriffs and
other Oflicers, for the more convenient administration of justice in this
Province 306
A. D. 1769. 981. An Act to encourage the discovery and apprehending of House Breakers', and
buyers and receivers of Stolen Goods 306
*982. An additional Act to " An Act for establishing and maintaining a Watch Com-
pany for preserving good orders and regulations in Cbnrlestown" 308
*983. An Act for establishing a ferry at the Two Sisters' Bluff on Savanna river,
and for laying out and making and keeping in repair a public road
from the said Bluff to the mai.i road leading from Coosawhatchie to
Purrysburgh 308
*984. An Act to incorporate the society commonly called and known by the name of
the Fellowship Society 308
*98.5. An Act for laying out a street in Ansonborough and the parts adja'^ent thereto,
by the name of Boundary-street 308
*986. An Ordinance appointing Commissioners for repairing the bridges over Wap-
poo creek in the Parish of St. Andrew, and Coosawhatchie creek lying
between the Parishes of Prince William and St. Luke 308
VOL. IV.— C.
xvm TABLE OF CONTENTS.
A. D. 1769. No. 987. An Act for reviving and continuing an Act entitled " An Act to impower cer-
tain Commissioners therein mentioned to keep clean and in good order
the Streets in Charlestovvn, and for establishing certain regulations in
the said town," and for repealing the eighth and part of the seventeenth
clauses of an Act commonly called the Oeneral ''^uty Act 309
988. An Act for the preservation of Deer, and to prevent the mischiefs arising from
hunting at unseasonnhle times 310
889. An Act for stamping and issuing the sum of one hundred and six thousand
and five hundred pounds, being the amount of the present iuwlul
paper bills of credit in this Province, and for calling in and exchang-
ing the paper hills of credit now outstanding, which are a tender bylaw
in all payments 312
990. An Act for raising and granting to his 3Iajesty the sum of seventy thousand
three hundred and tvventy-six pounds seven shillings and two pence, and
applying the sum of thirty-six thousand five hundred and eighty-two
pounds thirteen shillings and two pence, being the balance of several
funds in the public treasury, making together the sum of one hundred
' and six thousand nine hundred and nine pounds and four pence, to de-
fray the charges of this Government from the first day of January to
the thirty-first day of December, one thousand seven hundred and six-
ty-eight, both days inclusive, and fo.' other services therein mentioned.
A. D. 1770. *991. An Act for laying out and establishing several new Streets in the north-west
parts of Charlestiiw n, and for building a new Parsonage House for the
Parish of St. Philip, Charlestovvn, and for impowering the Vestry and
Church Wardens of the said Parish, for the time being, to lay out part
of tlie glebe land in the said Parish in lots, and to let the same out oa
building leases ; and for other purposes therein mentioned 315
*992. An Act for establishing a ferry over Sahidy river, at the lands of Robert Cun-
ningham ; and also another ferry, over Savanna river, opposite to Au-
gusta, in Georgia ; and appointing Commissioners to lay out, make and
keep in repair several roads leailing thereto 315
•993. An Act for a Fish Market, and for preserving the Lamps in Charlestown .315
994. An Act to encourage the making of Flax, Linens and Thread in this Pro-
vince 315
*995. An Act for establishing a road from Orangeburgh bridge to Indian Head, a road
from Indian Head to the road which leads from the ridge to Augusta,
another road from the ridge road to Long Cane Creek, another road
from Long Cane Creek to Great Hockey Creek, and another road from
Great Rockey to i\lountain Creek, near Cuffee Town, and for declar-
ing the road from Robert Goudy's at Ninety-Six, to the ridge, and
from thence to the road to lead from the Indian Head to Long Cane, a
public road 318
996. An Act for establishing a Chapel of Ease on Edisto Island, in the Parish of
St. John, Colleton County, and also a Chapel of Ease in the upper
part of the Parish of St. John, Berkley County, and for obliging the
Rectors or Ministers of the respective Parishes to perform divine wor-
. ship in the said Chapels 318
997. An Act for building a Powder Magazine at Hobcaw Point, and another on
Charlestown Neck, and for other purposes therein mentioned 319
*998. An Act for vesting a ferry from Charlestown to Hobcaw and Scott's ferries, in
Andrew Hibben, for the term therein mentioned 320
999. An Act for reviving and continuing the several Acts therein mentioned, and
for repealing part of the seventeenth clause of an Act commonly call-
ed the General Duty Act, which imposes a duty on all Molasses import-
ed into this Province 321
*1000. An Act for repealing an Act entitled " An Act for appointing Commissioners to
build a bridge over the Pond in the Four Hole Swamp, commonly call-
ed Gibbes' Pond, and to lay out and make and keep in repair a road to
and from the said bridge, as convenient as may be, into the Orange-
burgh old road, from the head of the said path leading from Dorchester
TABLE OF CONTENTS. x\x
A D, 1770. No. to Izard'.s Cow-pen ;" and for authorizing ant! empowering the Board
of Commissioners of the Roads for the Parish of St. George Dor-
chester, to lay out and make and keep in repair the road mentioned in
the said Aft. . .• 322
*1001. An Act for establishing a ferry over Broad river, at the landsof Martin Srheur-
er; also a ferry over Saluiiy river, at tiie lands of Charles Cirson ; and
appointing Comniissioiirrs to lay out, ii.ake and keep in repair several
roads therein mentioned 322
*1002. An Act for vesting a ferry over Sampit nver, from Georgetown to the road
on the opposite shore, leading toward Charlestown, in William Allston,
his execiiiors, administrators and assigns, for a term of years 322
1003. An Ordinance to appoint Mr Jacob Deveaux, Country Waiter for the Port of
Beaufort, Port Royal 323
1004. An Act for stamping and issuing the sum of Seventy Thousand Pounds, for de-
fraying the expence of building the several Court Houses and (ioals
appointed to be built in the several Districts in this Province, and for
other purposes therein mentioned 323
A. D. 1771. 1005. An Ordinance lor apponiiiiig Henry Peronneau and Benjamin Dart, Esquires,
joint Public Treasuicis of this Province 326
1006. An Act lor regulating the inspection and exportation of Tobacco and Flour,
and i'or granting a bounty on Flour 327
*1007. An Act for nnpowering the Commissioners of the High Roads, for the Parish of
Prince George, to lay out and make a new causey over Lynch's Island ;
and to establish a ferry fioin ilie plantation of John Cogdill, on Wacca-
maw, to Georgetown, and also to the south side of Sampit river ; and
for declaring the road leading from Pocotaligo bridge to the nine mile
post, to be a public road ; and for continuing the same to Matthews's
Bluff on the Savannah river 331
1008. An Ordinance to appoint George Sheed, Esq. Commissary General of this Pro-
vince 331
A. D. 1775. 1009. An Act to revive and continue, for the term therein limited, several Acte and
clauses of Acts of the General Assembly of this Colony 331
1010. An Act to prevent counterfeiting of paper raonc y of other Colonies 335
A. D. 1776. 1011. An Ordinance for making disposition of monies lor the support of Govern-
ment, and to enable His Excellency the President and Commander-
in-chief of South Carolina for the time being, to exercise certain
powers, in manner therein mentioned 336
1012 An Ordinance for estatilishing an Oath of Office, to be taken in manner therein
mentioned 338
1013. An Act to punish those who shall counterfeit or utter, knowing them to be
counterfeit, the certificates issued by the late Houses of Assembly, or
the Conliiienlal or Colonial currency, which hath been already or shall
be hereafter issued 339
1014. An Act for the more effectual prevention of the Desertion of the Soldiers
and Sailors in the service of this loloiiy, and fir the punishment
of those who shall harbour and conceal them, or who shall pur-
chase, receive or conceal the arms, clothes or accoutrements of
Deserters 340
*1015. An Act to increase the number of Fire Masters in Charlestown, and to impow-
er any three of them to pull down any such houses or other buildings
as they shall adjudge necessary for the stopping and preventing ilie
spreading ot fire ; and tor altering and repealing such parts ot" an Act
as is therein mentioned 34:2
10i6. An Ordinance to repeal part of an Ordinance of the General Assembly, pass-
ed the twenty-third day of February, one thousand seven hundred and
seventy-one, appointing Henry Peronneau and Benjamin Dart, Esq'rs.
joint Public Treasurers, and to appoint Commissioners to take a state
of the Treasury ; and also to impower the said Commissioners to settle
the accounts of the late Powder Receiver ,34Jt
XX TABLE OF CONTENTS.
A. D. 1776. No. 1017. An Act to prevent Sedition, and punish Insur<j:ents und disturbers of the-public
peace 34 3
1018. An Ordinance to ascertain the duties of a Muster Master General of the Land
and Naval Forres in the servif>e of this Colony 316
1019. An Act to impover the Court of Admiralty to have jurisdiction in ail cases of
capture ol the sliips and otlier vessels of the inhabitants of Great Brit-
ain, Ireland, tiie British West Indies, Nova 8coiia, East and West Flo-
rida ; to establish the trial by jury, in the Court of Admiralty, in cases
of capture ; and for the other purposes therein mentioned,
1020. An Act to revive and continue, for the time therein mentioned, the several Acts
and clauses of Acts of the General Assembly of this Colony therein
particularly mentioned, and to appropriate certain penalties, and to con-
firm the powers of Commissioners of Roads, Paths, Bridges, Creeks,
Causeys and Water Passages 34o
*1021. An Ordinance for altering the time of holding the ensuing Circuit Courts
and the Courts of Common Pleas and tiJeneral Sessions in Charles-
town ; and for other purposes therein mentioned 351
1022. An Ordinance for appointing Commissioners for selling certain East India Teas,
imported into the State of South Carolina from Great Britain, and for
applying the monies arising therefrom to the use of the said State — .352
1023. An Act for establishing a Board of Commissioners to superintend and direct
the Naval Affairs of the State of South Carolina 353
1024. An Ordinance for providing Juries for Beaufort District, at the next November
Courts 355
*1025. An Ordinance to direct the manner of procuring Negroes to be employed in
the public service 356
1026. An Act establishing a proper oath ot qualification to be taken by ttie Members
of the General Assembly ; directing the method of choosing Parochial
and District Committees ; for authorizing the returning officers of the
Parish of St. David to hold their elections one day at the Church and
one day nt the Court House ; and for other purposes therein men-
tioned 356
*1027. An Act for establishing, Ifeeping and maintaining three Watch Companies in
Charlestovvn 358
1028. An Ordinance for allowing and keeping in repair a Pilot Boat to attend the Bar
and Harbour of Beaufort, Port Royal, and for settling and regulating
the Pilotage of the said Harbour 358
1029. An Ordinance for appointing Commissioners to stamp and sign one hundred
and thirty tliousand pounds currency, in dollars, and for impowering
the President and Comnianderin-chief for the time being, with the ad-
vice of the Privy Council, to borrow on loan any sum or sums not ex-
ceeding five hundred thousaml pounds currency, at the rate of six
pounds like money per centum per annum 360
1030. An Act for appointing Commissioners to print or stamp and sign bills to the
amount and value of three hundred and eight thousand Spanish milled
dollars, immediately, and for printing or stamping and signing another
sum, to the amount and value of three hundred and seven thousand
three hundred eighty-four Spanish n illed dollars, in lour months, if the
same or the value thereof cannot be borrowed by the Commissioners
of the Treasury by that time 361
A D. 1777. 1031. An Act for the reduction of interest, from eight to seven pounds for each hun-
dred pounds 363
*1032. An Act for establishing a ferry over Sahidy River, at the lands of Benjamin
Crook, on both sides of the river 365
*1033. An Act for vesting the ferry over Ashley river in Edward Lcgge, his executors,
admini.sti'ators and assigns, for seven years. . . 365
1034. An Act for raising and paying into the Public Treasury of this State the tax
therein mentioned, tor the use and service thereof. 365
1035. An Ordinance for making disposition of the monies for the support of Govern-
ment, and to enable His Excellency the President, for the time being,
to exercise certain powers, in manner therein mentioned 375
TABLE OF CONTENTS. xxi
A. D. 1777. No. 1036. An Ordinance to prevent the exportation of Raw Hides and Tanned Leather,
. for the time therein limited 376
1037. An Ordinance for altering and settling the division and distribution of shares
amongst tlie captors of prizes taken by Vessels of War fitted out by
this State 377
1038. An Act to alter and amend an Act of the General Assembly of this State, passed
the twtnty-tlurd day of December, one thousand seven hundred and
seventy-six, entitled " An Act for appointing Connnissioners to print or
stamp and sign bills to the amount and value of three hundred and eight
thousand Spanish milled dollars, immediately, and lor prmting or stamp-
ing and signing another sum, to the amount and value of three hun-
dred and seven thousand three hundred and eighty-four Spanish milled
dollars, in four months, if the same or the value thereof cannot be bor-
rowed by the Commissioners of the Treasury by that time" , 378
1039. An Act to impower tlie Court of Admiralty of this State to have jurisdiction in
all cases of capture of the Kliips and other Vessels of the inhabitants
and subjects of Great Britain ; to establish the trial by jury in the said
court, in cases of capture ; and for other purposes therein mentioned.
1040. An Act for impowering the Commissioners therein named to purchase certain
lands in Christ Church Parish, at or near the place called Iladdrel's
Point, and vesting the same in the Commissioners of the 'J'reasury, for
the use of this State, and for other purposes therein mentioned 379
*1041. An Act for clearing and making navigable Edisto River, and the forks or
branches thereof 381
*1042. An Act for incorporating a Society commonly called the Mount Sion Society.. 381
1043. An Act to revive and continue for the time therein limited the several Acts and
clauses of Acts of the General Assembly of this State therein particu-
larly mentioned, and to appropriate certain penalities, and to confirm
the powers of Commissioners of Roads, Paths, Bridges, Creeks, Cau-
seys and Water Passages 381
1044. An Act for the more easy and expeditious obtaining the admeasurement of
Dower to Widows of the lands of their deceased husbands 385
*1045. An Act to appoint Commissioners for opening and enlarging the communica-
tion between Ashley and Stono rivers, and for clearing and deepening
New Cut 387
1046. An Act for repealing certain parts of an Act passed the ninth day of April, in
the year of our Lord one thousand seven hundred and thirty-four, en-
titled " An Act for the better settling and regulating of Pilotage, and
for erecting and supporting Beacons near the Bar and Harbour of
Charlestown ;" and for altering the rates of Pilotage, and establishing
proper Pilots and Pilot Boats for the said Bar and Harbour 387
1047. An Ordinance to amend an Ordinance passed the nineteenth day of October
last, entitled " An Ordinance for appointing Commissioners to stamp
and sign one hundred and thirty thousand pounds currency, in dollars ;
and for impowering the President and Commander-in-chief for the time
being, with the advice of the Privy Council, to borrow oi. loan any sura
or sums not exceeding five hundred thousand pounds currency, at the
rate of six pounds like money per centum per annum" 389
1048. An Ordinance to repeal a Resolution passed by Congress on the eleventh day
of January. 1775, and to prescribe a mode for the securing and recov-
ering of Debts 390
*1049. An Ordinance for appointing and impowering certain Trustees, therein nam-
ed, to manage the funds of the congregation of Particular Baptists in
Charlestown 391
1050. An Ordinance appointing Commissioners, in manner therein mentioned, to con-
clude a peace witi the Clierokee Nation 391
1051. An Ordinance for establishing an Oaih of Abjuration and Allegiance .392
1052. An Ordinance for borrowing the sum or value of five hundred thousand
pounds, and for printing or stamping and signing the value of five hun-
dred thousand pounds, in dollar hills, in manner therein mentioned. . . .392
un TABLE OF CONTENTS.
A .D. 1777. No. 1053. An Ordinance to carry into effect an Ordinance entitled " An Ordinance
to direct the manner of procuring Negroes to be employed in the
public service" 394
1054. An Ordinance imposing penalties on such persons as shall violate the Continen-
tal Association by Horse Ilacing 394
1055. An Act to prohibit the sale of Goods, Wares and Merchandizes, by Public Ven-
due, in this State 395-
*1056. An Act for laying out, making and keeping in repair a public roa 1 in that part of
St. Peter's Parish from King Creek to the plantation of John Allen, in
the said Parish, and from thence coniiinied to Ooosawhatchie bridge ;
' also, that another road be laid out from the said Allen's to the Two
Sister's ferry 397
1057. An Ordinance for appointing a new list of Jurymen for the District of Ninety-
Six, and to empower and direct the Judges out of the same to draw a
Grand and Petit Jury, to serve at the next- Court of General Ses-
sions, to be holden for the said District, on the fifteenth day of Novem-
ber next 39T
1058. An Ordinance to impower the Commissioners of the Treasury to borrow,
upon the credit of the Stale, the sum of five hundred thousand pounds. 398
1059. An Ordinance to prohibit the importation of British Goods, for distribution of
monies arising from the sale of forfeited goods and merchandizes, and
other purposes 399
A. D. 1778. lOGO. An Act to alter and amend an Act of the General Assembly of this State, pass-
ed the 23d day of December, 1776, entitled "An Act for appointing
Commissioners to print or stamp and sign bills to the amount and value
of 308,000 Spanish milled dollars, immediately ; and for printing or
stamping and signing another sum, to the amount and value of 307,334
Spanish milled dollars, in four months, if the same, or the value there-
of, cannot be borrowed by the Commissioners of the treasury by that
time."
1061. An Ordinance for the more speedy and effectual manning of the Navy 401
1062. An Ordinance to enable the Commissioners of the Treasury to borrow on loan,
for the public service, the sum of five hundred thousanid dollars 402
1063. An Aet to repeal an Act entitled "An Act to prohibit the sales of Goods,
Wares and Merchandizes, by Public Vendue, in this State," passed the
22d day of Augu.st, A. D. 1777; also, an Ordinance imposing penallies
on Horse Racing, passed the 14th day of February, 1777; and to regu-
late m future the Sales of Goods, Wares and Merchandizes, by public
Vendue i 402
"1064. At Act to make and keep in repair a road from Ninety-Six Court House to the
Mdl of George Reed, on Long Cane Creek, and from thence to Pratt's
3IilI, on the north-west fork of Long Cane ; and also from Jos Ward-
law's to John Calhouns Mill, on Coronaka, and from thence to Ros-
wood's Mill, on Saluda river 403'
1065. An Act for vesting six hundred acres ol land, whereon the iron works of Joseph
BuffinL'ton are, in the Treasurers of this Slate, for and upon certain
uses and trusts ; and also vesting another parcel of land in the said
Treasurers, for the use of this Slate 404
*1066. An Act for incorporating a Society commonly called the (.atholic Society 40")
1067. An Ordinance to prevent the operation of the Limitation Act until the 15th day
of February, 1779, in manner therein mentioned 406
*1068. An Act for clearing and making navigable Tulifiny Creek, from the Bridge -
known by the name of Tulifiny Bridge, to the 31ill Dam of Barnard
Elliott, Esq 406
*1069. An Act for opening the navigation of Lynch's and Clark's Creeks, and for ap-
pointing Commissioners for superintending the same 406
*1070. An Act for incorporating the Salem Society 407
1071. An Act for estabhshing a Parish in Craven County, by the name of All
Saints 407
TABLE OF CONTENTS. xxiii
A. D. 1778. No. 1072. An Act for dividing the Township of Orangebiirgh from the Parish of St. Mat-
thews, into a separate Parish, by the name of Orange Parish, and for
other purposes therein mentioned 408
*1073. An Act for establishing a ferry over the Wateree river, at the plantation of Jo-
seph Mickle, and ves^ting the same in the said Joseph iVlickle and his
heirs, executors, administrators and assigns, for the term of fourteen
years ; and also for dividing the great road on the north east side of the
said river, beginning at Rafton Creek and running to tiie boundary line
between this State and North Carolina, and appointing Commissioners
for the same ; and also for appointing a Board of Commissioners for
clearing the Wateree river and keeping tlie same navigable, by an as-
sessment on the inhabitants and lands uninhabited within the district
herein mentioned, in lieu of personal labour 409
1074. An Act for establishing the Constitution of the State of South Carolina 410
1075. An Act for completing the quota of Troops to be raised by this State for the
Continental service ; and tor other purposes therein mentioned 410
*1076. An Act for the regulation of the ]\Iilitia of this State, and for repealing such
Laws as have hitherto been enacted for the Government of the Militia. 413
1077. An Act for raising and paying into the Public Treasury of this State, the tax
therein mentioned, for the use and service thereof. 413
1078. An Act for establishing a new list of Jurymen for the Districts of Charles-
town, Georgetown, Cheraws, Camden, Beaufort and Orangeburgh,
within this State 423
1079. An Act to oblige every free male inhabitant of this State, above a certain age,
to give assurance of fidelity and allegiance to the same ; and for other
purposes therein mentioned 424
1080. An Act to indemnify Col. John Thomas and Ezekiel Polk, for seizing, selling
and disposing of the effects of Richard Pearis ; and for other purposes
therein mentioned 425
*1081. An Act for the better security of Charlestown from the accident of fire, and
for regulating the buildings hereafter to be erected or built in the said
town 426
1082 An Act for the regulating of the Post Offices within this State 426
1083. An Act to repeal several Acts of the General Assembly and Resolutions of the
Provincial Congress of South Carolina, granting bounties on the culture
and manufacture of Hemp, Flax, Linen, Thread and Cotton 428
1084. An Act for reviving and amending several Acts and Ordinances of the General
Assembly of this State 429
1085. An Act for the better regulating of Pilots for the Ports and Harbours of Charles-
town, Beaufort, Georgetown and Stono ; and for other purposes there-
in mentioned 431
*1086. An Act for laying out a road between Catawba river and Broad river, and for
establishing a ferry on the lands of Matthew Bigger 433
*1087. An Act for establishing several ferries, and also for reviving several 1 iws for
the establishment of several other ferries, and for other purposes there-
in mentioned 433
1088. An Act for appointing Commissioners to take down the Church in the Pa-
rish of St. Paul, and to build a new Church on or near the place
where the present Church now stands ; and for other purposes there-
in mentioned 433
1089. An Act for amending an Act entitled " An Act for regulating and ascertaining
the rates of Wharfage of Ships and Merchandize, and also for ascer-
taining the rates of Storage in Charlestown ;" and for repealing ihe
first clause of the said Act 435
1090. An Act to incorporate the Vestry of the Parish of St. James Goose Creek, n
Berkley County ; and to enable the said Vestry effectually to put in
execution the trust reposed in the Society for propagating the Gospel
in foreign parts, by the last will and testament of the Reverend Rich-
ard Ludlam, deceased, according to the pious intentions of the said tes-
tator ; and to settle and adjust the accounts of the Reverend James
Harrison 438
XXIV TABLE OF CONTENTS.
A. D. 1778. No. 1091. An Act to allow the the Commodore of this State a share in all prizestaken by-
Vessels of War fitted out by and at the expense of this State, and sail-
ing nnder his orders ; and to alter an .\ct entitled " An Art to empow-
er the Court of Admiralty of this State to have jurisdiction in all cases
of capture of the Ships and other Vessels of the inhabitants and sub-
jects of Great Britain, to establish the trial by jury in the said Court
incases of capture, and for other purposes therein mentioned" 440
*1092 An Act for ineorporaiing the St. David's Society •. 441
1093. An Ordinance for procuring labourers for the public works.
1094. An Ordinance for appointing a Receiver, Auditor and Accomptant General of
the public accounts • 441
1095 An Ordinance for fixing the salaries of the different Public Oflicersof this State,
and the time and martVier of paying the same 413
1096. An Ordinance for repealing an Ordinance entitled " An Ordinance for estabhsh-
ing an Oath of Office to be taken in manner therein mentioned," and
for establishing a new oath to be taken by tUe Commander m-chief of
this- State and the Members of the Privy Council, upon their entering
into office... 443
1097. An Ordinance for stamping and issuing the sum of one hundred thousand
pounds; and for enabling the Commissioners of the Treasury to bor-
row on loan, the sum of two million of dollars ; and in case the said
sum cannot be borrowed in due time to supply the exigencies of the
State, to enable the President, with the advice of the Privy Council,
to stamp and issue the sum of one million of dollars ; and for other pur-
poses therein mentioned 444
1098. An Ordinance for prohibiting tiie exportation of all kinds of Provisions, Hemp
and ("ordage, from this State, to certain times therein limited ; and for
inflicting penalties on all pers<ms who shall violate any embargo which
may be hereafter laid by his Excellency the Governor or Commander-
in-chief of this Slate, agreeable to the Constitution 447
1099. An Act lo impovver the Executors named in tlie last Will and Testament of
Thomas Louglaon Smith, Esq., deceased, to sell and dispose of his real
estate, for the uses therein mentioned 448
*1100. An Act for estalilishing a ferry over Savannah river, from the town of Purrys-
burgh, in this'Stute, to Abercornor .loaeph Town, in the State of (Geor-
gia ; and for vesting the same in .lohn Vanchier, his executors, admin-
istrators and assigns, for the term therein mentioned 450
1101. An Act for enlarging the time foi takmg the Oath of Allegiance and Fidelity ;
and for other purposes therein mentioned 450
*1102. An for incorporating divers religious societies therein named 453
1103. An Act to amend an Aci entitled " An Act for completing the quota of troops
to be raised by this State for the Continental service;" and for other
purposes therein mentioned 453
*1104. An Act to obhge all male inhabilmits from sixteen to sixty years of age, residing
on or near Waccamaw river, to work on and lay open the navigation of
the said river ; and lor appointing Commissioners for carrying this Act
into execution | ^■^"'
*1105. An Act for establishing a road from Slann's Dor< hester, or Barton's bridge, to
Wort's ferry, and from thence to divers other places until it shall
intersect the road leading from the ferry near Fort Moore to Charles-
town .••••455
1106. An Act to revive and continue " .^n Act for establishing a Board of Commis.sion-
ers to superintend and direct the Naval Affairs of this State ;" and for ^
authorizing the Commissioners mentioned in the said Act to purchase ~- -1
Negroes for the use of the public Ship-Yard and Rope Work ; and to
pay the wages due to the OtTicers and Seamen during the time they are
prisoners with the enemy '*55
1107. An Ordinance for appointing an Ordnance Store-Keeper and Powder Receiver
for the Port of Charlestown 456
TABLE OF CONTENTS. ■ xxv
A. D. 1778. No. 1108. An Ordinance to oblige every person wlio shall be herenfter elected to serve
as a member in the Senate or House of Representatives, to take and
subscribe the Oath herein prescribed, previous to the taking of his
seat therein 457
1109. An Ordinance to empower the President or Commander-in-chief for the time
being, with the advice of the Privy Council, to fake up and confine all
persons whose going at large may endanger the safety of this State . . .458
1110. An Ordinance authorizing the Courts of Camden and Ninety-Six Districts,
at the ensuing Circuit, to continue sitting until all the business is fin-
ished 459
1111. An Ordinance to oblige all persons nominated as iMagistrates, before they take
upon them the execution of the said office, to qualify before his Excel-
lency the President or Governor and Commander-in-chief, as the case
may be, or before Commissioners duly authorized by him for that pur-
pose 4fi,)
A. D. 1779. 1112. An Ordinance for completing the six Continental Regiments raised in this
State 4
1113. An Ordinance for printing, stamping and issuing one million of dollars, for the
public service, immediately ; and lor empowering the Commissioners of
the Treasury to borrow on loan any sum not exceeding four millions of
dollars ; and in case the said sum cannot be borrowed in due time to sup-
ply the exigencies of the State, to enable the Governor or Commander-
in-chief, with the advice of the Privy Council, to print or stamp and
issue any sum not exceeding four millions of dollars 461
1114. An Ordinance for laying on a general Embargo for the time therein limited.
1115. An Ordinance toemptnver the Governor or Commander-in-chief of this State,
for the time being, to issue commissions for holding special courts of
Oyer and Terminer, for the speedy trial of such persons as shall be
charged with Sedition, Insurrection, or Rebellion, against this State,
and for other p\irpo.ses therein mentioned 463
1116. An Act for the alteration and amendment of an Act entitled " An Act for the
regulation of the 3Iilitia of this State ; and for repealing such laws as
have hitherto been enacted for the Government of the Militia" 465
1117. An Act to give further time for taking the oath or affirmation of fidelity and
allegiance to this State 468
1118. .\n Ordinance for authorizing the Governor or Commander-in-chief for the time
being, to embody foreigners, resident in this State, and to form the
same into separate independent companies, or a battalion, for the public
service 469
my. An Ordinance for raising and supporting a regiment of light dragoons for the
public service.
] 120. An Ordinance for the better defence and security of this State during the recess
of the General A.sserably 470
1 121. An Act to revive and continue, for the time therein mentioned, the several Acts
and clauses of Acts of the General Assembly of this State therein par-
ticularly mentioned ; and to appropriate certain penalties ; and to con-
firm the power of Commissioners of Roads, Paths, Bridges, Creeks,
Causeys and Water Passages 473
1122. An Ordinance for f^onfirming certain powers of a French Consul within this
State, in manner as is therein particularly declared 476
1123. An Ordinance tor appointinara new jury list forthe District of Ninety-Six; and to
empower and direct tiie judges, out of the same, to draw a grand and pe-
tit jury to serve at the next Court of General Sessions to be holden for
the said District next after the passing of this Ordinance ; and for other
purposes therein mentioned 477
1124. An Ordinance to prevent persons withdrawing from the defence of this State
to join the enemies thereof. 479
1125. An Ordinance for prohibiting the exportation of all kind of provisions, hemp,
cordage, raw liides, tanned leather, salt, butter, and tallow, from this
State, to a certain time; and for other purposes therein mentioned 480
VOL. IV.— D.
ixvi TABLE OF CONTENTS.
A. D. 1779. No. 1120. An Onlinnnce to empower the Governor or Commander-in-chief, for the time
being, with the advice of the Privy Council, to taiie up and confine all
persons wliose going at large may endanger the safety of tliis Slate. . . .481
1127. An Odinance for appointing a new jury list for the District of Cheraws, and
to empower any one of the judges, out of the same, to draw a grand,
pelitand common pleas jury, to serve at the Courts of General Sessions
and Common Pleas, next to be holden for the said District, after the
passing of this Ordinance ; and for raising the fines for the non-appear-
ance of jurors ; and for other purposes therein mentioned 482
*1128. An Act to incorporate tht^ Society commonly called and kiownliy the name of
the Johns Island Society 485
1129. An Ordinance to impovver Doctor Alexander Garden to sell the estate of Henry
Peronneau, Esq 485
1130 An Ordinance to impovver his Excellency the Governor, with the advice and
consent of the Privy Council, to borrow, on interest, a sum not exceed-
ing the sum of six millions of pounds, current money, on the credit of
this State 485
1 131. An Act for raising and paying into the Public Treasury of this State, a tax for
the uses therein mentioned 487
1132. An Ordinance for reviving and continuing an Ordinance passed the twentieth
day of February, one thous.ind seven hundred and seventy-nine, enti-
tled " An Ordinance to prevent persons withdrawuig from the defence
of this State to join the enemies thereof" 497
1133. An Ordinance for imposing a tax of two and a half per centum on Goods,
Wares, and .Merchandizes, exposed to public sale ; and for regulating
Public Auctions 497
*1134. An Ordinance for establishing a ferry over Santee river, at the plantation of the
late Peter Maiiigault, Esquire, and laying out several roads from the
said ferry, and also for establishing another ferry over Santee river, at
the plantation of Jared Neilson, Esquire, and for other purposes there-
in mentioned 499
1135. An Ordinance to ascertain and regulate the feed of ofTice of the Secretary,
Clerk of the Court of General Sessions, Clerk of the (Jourt of Common
I'leas, Register of ."Mesne Conveyances, acting Magistrates and Consta-
bles, in this State 499
113G. An Act to empower the Governor, with the advice of the Privy (Council, to is-
sue special commissions for trial of persons in any District, where the
same cannot be had in the District where the offence was committed .. 300
1137. An Act lor the more effectual defence of this State 5f)2
*1138. An Act for raising the rates of ferriage heretolorc allowed by hw to the pro-
prietors of .\shley and Combahee ferries ; and for establishing several
other ferries therein mentioned 504
*1139. An Act to appoint and empower Commissioners to lay out, cut, sink, clean and
keep clean and in repair, a cut or water passage from .\shepoo river to
Pon-pon river, and from Ashepoo river to Chehaw ; and for other pur-
poses therein mentioned 504
AD 1780 1140. An Ordinance for the better defence and security of this State, during the re-
cess of the General Assembly 504
1 141. An Ordinance to entitle such persons as shall place any sum of money in the
Public Treasury of this State, or who shall supply the public with any
provisions or other necessary articles, in [lart payment of his or her
next tax, to an interest, at the rate of ten per centum per annum, on
the same 506
1142. An Ordinance for laying on a general Embargo, for the time therein limited.. 507
A. D. 1782. 1143. An Act for the better defence and security of this State during the recess of
the General Assembly 508
1144. An Act for repealing the laws whiQh make Paper Currency, or Bills of Credit,
a legal tender, in payment of debts, in this State 508
1145. An Act to suspend the operation of the Limitation Act 509
TABLE OF CONTENTS. xxvir
A. D. 1782. No. 1146. An Act to revive and continue such laws as have expired since the sitting nf
the last General Assembly, or will expire with tlie present session. . ..509
1147. An Act for settlinsr ilie qualilication of tiio electors and elected, in the next
General Assrnibly 510
*1148. An Act for lioldins; the Circuit Courts of Oyer and Termiru^rin the several Dis-
tricts of this Slate, and for making out a new jury list 511
1149. An Act to vest in the Congress of the United Stales, a power to levy duties of
five per cent, ad valorem, on certain (ioo<Ks and Merchandize, imported
into this State, and on prizes and prize (^oods condemned in the Court
of Admiralty of this State, and for appropriating the same 512
llfiO. An Act to prevent the commcncrment of suits (()r the recovery of debts, for
the time and on the conditions therein nuntiuned 513
1151. An Act to procure recruits and prevent desertion 513
1152. An Act to empower Thomas Ferguson, Morton Wilkinson and John Ward Es-
quires, to purchase an estate of the value of I0,0;;0 guineas, intrust,
and for the use of the Honorable Major General Greene 515
1153. An .'Vet for disposing of certain estates, and banishing certain persons thi>rein
mentioned 516
*1154. An Act for the regulation of the Militia 52^
1 155. .An .\ct for aniercirg certain persons therein mentioned 523
1156. An Act for furnishing supplies to the army, to the value of 373,598 Mexican
dollars, being the quota assigned tn this Slate of the Continental esti-
mate for the present year 525
1157. An Act for pardoning the persons therein dcsi rdiod, on the contlitions therein
mentioned .526
''lloc*. An Ordinance for repealing an Act of the (Jrneral Assembly of this State, com-
monly called the Admiralty Act ; and !or empowering the Court of Ad-
miralty of this State lo proceed to a final sentence and decree in all
cases, in the said Court, without the intervention of a jury 528
A D. 1783. 1159, An Act for raising and paying into the Public Treasury of this State the lax
therein mentioned, for ihe use and service thereof 528
1160. An Act lo oblige persons having Negroes or other etfects, not their own pro-
perty, in their possession, to render an account thereof; and to pimisli
such as shall embezzle, conceal or neglect to render an account of the
same 539
1161. An ."Vet for reviving and amending several Acts and Ordinances of the Gene-
ral Assembly 540
1162. .40 Act to ascertain the weight and value of the several gold and silver coins
in circulation in this State ; and to punish persons who shall counterfeit
or utter or attempt to pass the same, knowing them to be counterfeit. . . .542
1163. An Act for the amendment of an Act commonly called the Attachment Act. . . .543
*1164. An Act to regulate the election and appointment of t'ommis.sioners of the high
roads in the several Parishes and Districts of this State, and also to reg-
ulate the rates of ferriage at such ferries which are not established by
law 544
*1165. An Act for appointing Fire Masters, and other purposes 544
*1166. An Act for incorporating the ('alvanistic Church of French Protestants 545
*1 167. An .\ct for establishing the ferry therein mentioned 545
1168. An Ordinance for enfranchising a Negro VVoinan and her Child, late the pro-
perty of Mr. John Smyth 545
*1169. An Ordinance to oblige the male inhabitants, from sixteen to sixty years of age,
residing in the upper Districts of All Saints and Prince George's Pa-
rishes, on or near Warcarnaw river, to work on and lay open the Navi-
gation of the said river ; and for appointing Commissioners for carrying
the said Ordinance into execution 545
*]170. .\n Ordinance to divide the Judges' fees in the Court of Common Pleas and
General Sessions of the Peace, equally among all the judges ; and to
prevent any judge who may be hereafter appointed a delegate to Con-
gress, from receiving the emoluments of both offices 516
1171. An Ordinance for ascertaining and regulating the (Jifice of Receiver, Auditor
XVIII TABLE OF CONTENTS.
A. D. 1783. No. and Accountant General of the public accounts : and for other purpo-
ses therein mentioned 546
*]172. An Act for continuance of process and judicial proceedings in this State 548
1173. An Act for regulating trials in courts of justice in this State, between the sub-
jects of foreign nations in alliance or neutrality with the United States,
and the citizens thereof; and for other purposes therein mentioned .548
1174. An Act for procuring recruits for the Coniinent-il Une of this State 549
1175. An Act for preventing the plundering and destroying vessels in distress, and
for the more effectually securing shipwrecked and stranded property. ..550
1176. An Act to alter and amend an Act entitled " An Act for disposing of certain
estates and banishing certain persons therein mentioned," passed at
Jacksonburgh, in the Slate of South Carolina, on the 26th day of Feb-
ruary, A. D. 1782 553
1177. An Act to amend an Act entitled " An Act for disposing of certain estates, and
banishing certain persons therein mentioned" 555
1178. An Act for establishing a fair and markets in the town of Belleville, on the
Congaree river, in this Siate 557
1179. An Act to repeal an Act entitled " An Act to vest in the Congress of the Unit-
ed States a power to levy duties of five per centum ad valorem, on
certain Goods and Merchandize imported into this State, and on prizes
and prize Goods condemned in the Court of Admiralty of this State,
and for appropriating the same" 560
*1180. An Act respecting suits for the recovery of debts 560
*1181. An Act for establishing several ferries therein mentioned 560
*1182. An Ordinance to empower commissioners therein named, to cut and sink Drains
and Water Passages in the swamp and savannas i'ormed by the north-
east branch of Stono river 5''0
1183. An Ordinance for appointing Commissioners in each of the Circuit Court Dis-
tricts, for dividing the same into Counties 561
1184. An Ordinance for regulating all V'endues within this State ; and forraising sup-
plies to Government, therein mentioned 562
1185. An Ordinance for settling a depreciation table 563
1186. An Ordinance for repairing and rebuilding the Court Houses and Goals in the
several Districts of this .State 564
1187. An Ordinance for laying and levying certain imposts and duties therein men-
tioned, in aid of the public revenue 565
1 188. An Ordinance for the better defence and security of this State during the re-
cess of the General Assembly 567
1189. An Ordinance for disposing of the estates of certain persons, subjects and ad-
herents of the British Government ; and for other purposes therein
mentioned 568
1190. An Act to impose certain duties on Goods to be imported into this State 570
*1191. An Act to incorporate Charleston 571
1192. An Actio oblige all public officers of this Stale, who have been entrusted with
public monies, public stores of any kind, or other property, whose ac-
counts are yet unsettled, to have their accounts made up 571
*1193. An Act for the temporary regulation of the Militia of this State 572
1194. An Act for reviving and amending " An Act for preventing the spreading of
malignant and contagious distempers," passed the seventh day of April,
1759 572
1195 An Act to vest one hundred and eighty acres of land, late the property of Jas.
Holmes, in certain persons, in trust, for the benefit of a public school
or seminary of learning, to be established at the town of Ninety-Six,
and for laying out the said town, and disposing of the lots 574
1196. An Act for levying and collecting certain duties and imposts therein mentioned,
in aid of the public revenue 576
1197. An Ordinance for lajing an impost on the tonnage of Shipping, regulating the
Custom House, appointing certain Officers, and ascertaining their
salaries 582
TABLE OF CONTENTS. xxix
A. D. 1784. No, 1198. An Act for empowering the Vestry and Church Wardens of the incorporated
Church of Cngknd, of the Parish of St. Thomas and St. Dennis, to
sell the two Glebes belonging lo the said Church ; and for vesting the
powers of the said corporation in the Vestry and Church Wardens for
the time being, and their successors 583
*1199 An Act for incorporating the St. Cecilia Society 585
*1200. An Act to alter and amend an Act of the General Assembly passed the eighth
day of May, one thousand seven hundred and fifty-four, entitled " An
Act for building a draw-bridge across Ashley river, in the Parish of St.
Andrew, from some place at or near Stoney Point, on the east side, to
the marsh opposite to the said point on the west side of the said river ;
and for making a causey upon the said marsh, leading to the said
bridge ; and for making a road to the said bridge and causey ; and for
vesting the said bridge when built, in such person and persons, his and
their heirs and assigns forever, as shall be at the expense of building
the said bridge, and making the said causey, and keeping the same at
all times hereafter in repair 585
1201. An Act to alter and amend an Act entitled " An Ant to oblige persons having
Negroes or other effects, not their own property, in their possession,
to render an account thereof, and to punish such as shall embezzle,
conceal or neglect to render an account of the same ;" passed the 12th
March, 1783 586
*1202. An Act for repealing part of an Act entitled " An Act for the better security of
Charlestown from the accident of fire, and for regulating the buildings
hereafter to be erected or built in ihe said town," passed the 28th day
of March, 1778; and part of an Act entitled "An Act for appoint-
' ing Fire Masters, and for other purposes," passed the 12th of March,
1783 587
1203. An Ordinance for appointing Brigadier General Francis Marion commandant of
Fort Johnston 588
*1204. An Ordinance for laying out a road from the public road to New River bridge,
Granville County, to May River head 588
1205. An Ordinance for constituting a board of naval officers for the trial of Captain
John Joyner, and enquiring into the cause of the loss of the frigate
called the South Carolina 538
1206. An Act for establishing the mode and conditions of surveying and granting the
vacant lands within this State 590
, 1207. An Act for investing the United States in Congress assembled with a power to
levy, for the use of the United States, certain duties upon goods import-
ed into this State from any foreign port, island or plantation 594
1208. An Act to authorize the United States, in Congress assembled, to regulate trade
from the British West Indies 596
*1209. An Act for establishing a Court of Chancery 596
1210. An Act to vest in Richard Bohun Baker the real estate of the late Richard
Pendarvis, deceased 597
1211. An Act to appoint s Commissioners of Pilotage for the port of Georgetown,
Winyaw, and to enable them to improve the navigation of the same. . .597
1212. An Act lo indemnify Brigadier General Andrew Pickens, and such persons as
have acted under him, from vexatious suits, on account of their trans-
actions during the British usurpation in this State 598
1213. An Ordinance to indemnify Brigadier General Thomas Sumpter, and the offi-
cers acting under his command during the British Invasion 600
1214. An Act to confer the rights of citizenship on Aliens 60O
1215. An Act for the more effectually estreating forfeited recognizances into the Pub-
lic Treasury of this State 601
1216. An Act for the laying and collecting an impost on transient persons, and others,
not citizens of any of the United States 603
1217. An Act to regulate the inspection and exportation of Tobacco of the growth
and produce of this State, and for other purposes 604
XXX TABLE OF CONTENTS.
A .D. 1784. No. 1218. An Act for levyinsr and collrcting certain duties and imposts therein mention-
ed, in aid of the pnbhc revenue ; and for repealing an Act entitled
" An Act for levying and coUepting certain duties and imposts therein
mentioned, in aid of the pulilic revenue," passed the thirteenth day of
August, 1783 607
1219. An Act to prevent the spreading of contagious distempers in this State 615
*1220. An Act to establish a ferry over Savannah river, opposite Augusta 618
1221. An Act for the encouragement of arts and sciences 618
1222 An Act for allowing a further time to render in a state and proofs of any de-
mands against the confiscated estates 620
1223. An Act to appoint commissioners of pilotage for the port of Beaufort, Port Royal,
and to enable them to improve the navigation of the same 621
1224. An Act for reviving and amending an Act entitled " An Act to prevent stealing
of horses and neat cattle, and for the more effectual discovery and
punishment of such persons as shall unlawfully mark, brand or kill the
same," passed April 12, 1768 622
1225. An Act to alter and amend the thirty-sixth clause of an Act of this State com-
monly called the jury law, and for altering the time of holding the
Courts of Sessions and Common Fleas 622
*1226. An Act to prevent the damming up Broad, Saludy, Pacolate, Tyger and Eno-
ree rivers and Stevens's Creek, or oihervvise obstructing the fish from
passing up the said rivers ; and to oblige such persons who have al-
ready dammed or otherwise obstructed the passage of fish in said riv-
ers, to open the said dams or obstructions, so as fish may pass 623
*1227. An Act for incorporating divers religious societies therein named 623
*J228. An Act to explain and amend an Act entitled " An Act to incorporate Charles-
town," and to enlarge the powers of the City Council 624
1229. An Act for restoring to certain persons therein mentioned, their estates both
real and personal, and for permuting the said persons to return to this
State ; and for other purposes therein mentioned 624
' 1230. An Act to amend an Act entitled " An Act to oblige all public officers of this
State who havo been entrusted with public monies, public stores of any
kind, or other property, whose accounts are yet unsettled, to have their
accounts ni.tde up" , 626
*1231. .\n Act for establishing a road from Slann's, Dorchester, or Bacon's bridge, to
Wort's ferry, and Irom thence to divers other places, until it shall in-
tersect the road leading from Hit's ford, the nearest and best way to
John Carter's new road leading to the White Ponds 627
*1232. An Act for establishing the public ferries hereinafter mentioned 627
*1233. An Act for the regulation of the Militia of this State 627
1234. An Act for raising and paying into the Public Trensury of this State, the tax
therein mentioned, for the use and service thereof 627
1235. An O.-dinance to authorize and empower the Governor and Privy Council final-
ly to adjust and settle all accounts where disputes arise between the
Auditor and individuals, and for directing the Treasurers to give indents
for the accounts when settled 639
1236 An Ordinance for amending and explaning the confiscation Act 639
1237. An Ordinance respecting suits for the recovery of debts 640
*1238. An Ordinance to amend an Ordinance entitled " An Ordinance for establishing
several ferries therein mentioned" 642
1239. An Ordinance to encourage subjects of foreign States to lend money at interest
on real estates within this State ; 642
1240. An Ordinance to amend " An Ordinance for repairing or re-building the Court
Houses and Goals in the several districts of this State" 643
*1241. An Ordinance for estabhshing a public ferry to and from Port Royal Island. . . 643
1242. An Ordinance to alter and amend an Ordinance passed the tenth day of March
instant, entitled "An Ordinance for constituting a Board of Naval Of-
ficers for the trill of Captain John Joyner, and enquiring into the cause
of the loss of the frigate called the South Carolina" 644
TABLE OF CONTENTS. xxxi
A. D. 1784. No. *1'243. An OrJinance to appoint commissioners for rlearing Wall's Cut, and Edieto,
Wateree, and Great and Little Pedee rivers 644
*1244. An Ordinance to empower the commissioners tlierein named, to cut and sink
Drains and Water Passages in (.'acavv svviimp, St. Paul's Parish 044
*r245. An Ordinance to empower his Excellency the Governor, with the advice and
consent of the Privy Council, to appoint Commissioners of the High
Roads, in such Parishes and T^istricts where the freeholders neglect to
elect them. . . , 645
1246. An Ordinance to fix a period for the commencement of the operation of the
Act of Limitation 645
12-17. An Ordinance to authorize the several persons herein mentioned, to obtain
grants of land 'n this Siate 645
1248. An Ordinance to amend an Ordinance entitled " An Ordinance for appointing
an Ordnance Storekeeper and Powder Receiver, for the port of Charles-
town," so for as relates to the salaries of the said officers 646
*1249. An Ordinance to oblige the male inhabitants, from sixteen to sixty years of
age, residing within four miles of Black river, in Georgetown District,
to work on and lay open the navigation of the said river, and for ap-
pointing Commissioners for carrying the same into execution 646
1250. An Ordinance for securing to the officers and soldiers of the South CaroUna
Continental line, and the officers on the staff", and the three independent
companies commanded by Captain Bowie and Captain Moore, and to
the officers ol the Navy of this Slate, the lands promised to them by
the Congress and the Legislature of this State 647
1251. An Ordinaiic>J to empower the Treasurers to refund all sums of money which
have been paid, and to deliver up all securities which have been given,
for the payment of duties on goods, wares and merchandizes, imported
into this State, of the growth, produce or manufacture of any of the
United States ; and for other purposes therein mi^nlioned 647
1252. An Ordinance for the sale of the public lands whereon the forts and fortifica-
tions were erected, and low water lots within the City of Charleston,
and the State Ship-yard at Hobcaw, and the Island of PoUawahnas,
in St. Helena Parish 648
A. D 1785. 1253. An Act for establishing a fair and markets in the town of Greenville, at the
Long Bluff, on Pedee River 649
1254. An Act for regulating the loll tube taken at the several grist mills throughout
the State 652
1255. An Act for establishing fairs and markets in the town of Winnsborough 652
1256. An Act for raising a tax on all shipping, for defraying the expense of laying
buoys and erecting a light house and beacons as le iding marks into the
harbour of Charleston ; and also for erecting beacons as leading marks
into the harbours of Beaufort and Georgetown 655
1257. An Act to oblige persons interested in marriage deeds and contracts, to record
the same in the Secretary's Office of this State 656
*1258. An Act for raising a fund for the support of an Infirmary or Hospital, in the City
of Charleston, for seamen 657
*1259. An Act to establish a ferry over Saluda river, on the land of Russell Wilson
and Andrew Lee "57
1260. An Act to explain and amend the tax Act of 1784 657
1261. An Act to eff'ect a revisal, digest, and publication of the laws of this Slate 659
1262. An Act for preserving the privileges of public ministers of foreign Princes and
States • •• • • -^^^
1263. An Act for laying off the several Counties therein mentioned, and appointing
Commissioners to erect the public buildings 661
1264. An Act for the more speedy and effectual enforcing the execution of decrees in
the Court of Chancery 666
1265. An Act to afford a maintenance to the persons therein mentioned 666
*I266. An Act for incorporating divers religious societies therein named 667
1267. An Act authorizing persons, appointed by the United States, to maintain ac-
tions within this State ^"'
xxxn TABLE OF CONTENTS.
A. D. 1785. No. 1268. An Act to repeal part of an Act of the General Assembly, entitled " An Act
to prevent the spreading of contagious distempers in this State," pass-
ed March 26, 1784 668
1269. An Act to regulate the admission of attornies at law 668
1270. An Ordinanre for regulating the public vendues in this State, and for repeahng
part of an Ordinance entitled "An Ordinance for regulating all ven-
dues in this State, and for raising supplies to Government," passed the
16th day of March, 1783 670
1271. . An Ordinance to prohibit the raising and keeping hogs in the towns of Beaufort
and Georgetown 673
*1272. An Ordinance for raising the rates of ferriage at Ashley ferry .673
♦1273 An Ordinance to amend an Ordinance entitled "An Ordinance to empower
commissioners therein named to cut and sink Drains and Water Passa-
ges in the swamp and savannas formed by the north-east branch of
Stono river," psssed the sixteenth day of March, 1783 ; also to amend
an Ordinance entitled "An Ordinance to empower commissioners
tlierein named, to cut and sink Drains and Water Passages in Cacaw
Swamp, St. Paul's Parish," passed the twenty-sixth day of March,
1784 .' 674
1274. An Act for erecting and establishing a College at the village of Winnsbo-
rough, in the District of Camden, a College in or near the city of
Charleston, and a College at Ninety-Six, in the District of Ninety Six,
in the State of South Carolina 674
*1275. An Ordinance for incorporating Echaw Church, in St. James's Parish, Santee, .678
1276. An Ordinance for the speedy settlement of the public accounts 679
1277. An Ordinance to appoint additional commissioners for the Parish Church of St.
James, Santee 680
*1278. An Act to incorporate the Vestries and Church Wardens of the Episcopal
Churches in the parishes of St. Philip and St. Michael, in Charleston ;
and for other purposes 681
1279 An Act for regulating the inspection and exportation of Tobacco 681
1280. An Act for repealing an .\ct entitled " An Act for disposing of certain estates
and banishing certain persons therein mentioned," so far as relates to
the estate of Edwird Fenwick 687
*1231. An Act for establishing County Courts, and for regulating the proceedings
therein 687
*1282. An Act for keeping in repair the several roads and bridges thronghout this
State ; and for laying out the several new roads and ferries therein
mentioned .688
1283. An Act for vesting in Aaron Gillet and his heirs, forever, a tract of land, near
Boggy Gut ; and for other purposes therein mentioned 688
1284. An Act for raising supplies for the year 1785 689
1285. An Act to secure the payment of the amercements imposed by the Legislature
of this State, and finally to close the business of confiscation and
amercement 699
1286. An Ordinance to appoint commissioners to sell -the public land on Port Royal
Island , 701
*1287. An Ordinance to incorporate the Master Taylors' Society 702
*1288. An Ordinance for clearing Edisto, Wateree, Great and Little Pedce rivers,
Broad and Saltcatcher rivers 702
1289. An Ordinance for vesting powers in the respective Vestries and Church War-
dens of the Episcopal Churches in the Parishes of St. Paul and St.
Andrew, and their successors for the time being, for the benefit of the
said respective churches and congregations 703
1290. An Ordinance to ascertain the duties of the officers of the customs, and to vest
them with necessary powers 704
1291. An Act to alter and amend an Act entitled " An Act for establishing the mode
and conditions of surveying and granting the vacant lands within this
State : and for other purposes therein mentioned 706
TABLE OF CONTENTS. xxxm
A. D. 1785. No. 1292. An Act to alter and amend an Act entitled " An Act lor estal)lisiliing the mode
and conditions of surveying and granting the Vacant Lands within this
State," and another Act entitled "An Act to alter and amend an Act
entitled an Act for establishing the mode and conditions of surveying
and granting the Vacant Lands within this State, and for other purposes
therein mentioned." ,709
1293. An Act for regulating sales under Executions ; and for other purposes therein
mentioned : 710
1294. An Act to estabhsh a Medium of Circulation , by way of Loan, and to secure
its credit and utihty 712
1295. An Ordinance for preventing the clipping and filing of the Coin passing within
this State by authority of the General Assembly 716
1296. An Ordinance for the more speedy settlement of the accounts of this State
with the United States 716
*1297. An Act to explain and amend the "Act for incorporating the City of Charles-
ton, and enlarging the powers of the City Council," and to prevent a
clashing of jurisdiction within the same 718
1298. An Ordinance to authorize and require Colonel Anderson to collect a second
set of vouchers from the regiments of Waters, Brandon, and Roebuck,
for the relief of those public creditors the vouchers of whose accounts
have been destroyed by Colonel Anderson 718
1299. An Ordinance for the preservation of Deer, and to prevent the mischiefs arising
from fire-hunting 719
A D. 1786. 1300. An Act to authorize the United States, in Congress assembled, to regulate the
trade of the United States with foreign nations 720
4301. An Act to empower the Reverend Robert Smith, the Honorable John Lewis
Gervais, Esquire, and Charles Cotesworth Pinckney, Esquire, to dis-
pose of a lot of land in King-street, late belonging to Mr. John Prue,
deceased 721
1302. An Act to exempt Lachlan Mackintosh from the amercement of twelve
per cent 721
• *1303. An Act to amend an Act entitled " An Act for estabhshing County Courts, and
for regulating the proceedings therein." 721
1304. An Act to admit Doctor Alexander Baron to the rights, privileges and immu-
nities of a citizen of this State 721
1305. An Act for appointing Registers of Mesne Conveyances for the Districts of
Beaufort and Georgetown 722
1306. An Act to regulate the opening of Dams across Rice Grounds, and the making
and keeping up Dams for Reservoirs of Water 722
1307. An Act to amend an Act entitled " An Act to establish a Medium of Circula-
tion, by way of Loan, and to secure its credit and utility." 725
1308. An Act to encourage the destroying Beasts of Prey 720
*1309. An Act for alterhig the time of holding the Courts of General Sessions and
Common Pleas, in Charleston District ^-*'
1310. An Act to preclude all further accounts duo previous to the evacuation oi
Charleston, from being brought in against this State, or against persons
whose estates have been confiscated, after the time therein mentioned. .727
1311. An Act to alter and amend an Act for the more effectual relief of Insolvent
Debtors ^-~
1312. An Act for raising Supphes for the year one thousand seven hundred and
eighty-six '"^
*13I3. An Act for incorporating the Society for the relief of the Widows and Orphans
of the Clergy of the Protestant Episcopal Church in the State of South
Carohna • • '..739
1314 An Act to authorize the Commissioners of the Treasury to assign over the
sum of four hundred and sixty-two pounds seventeen shillings and
seven pence, out of the bonds payable in specie, of the Estate of
Gideon Dupont, junior, sold by the Commissioners of Confiscated
Estates ~40
VOL. IV.— E.
XXIV TABLE OF CONTENTS.
A. D. 1786. No.*1315. An Act for giving to the Magistrates of the County Courts the several powers
and authorities of the Gouuiiissioners of tlie High Roads ; and to repeal
the seventh clause and the proviso of the eighth clause of an Act enti-
tled "An Act for keeping in repair the several high roads and bridges
Within this State, and for laying out the several new roads and ferries
therein mentioned," passed the twenty-second day of March, one thou-
sand seven hundred and eighty-five 740
*1316. An Act to establish a Company for the Inland Navigation from Santee to
Cooper River '''40
1317. An Act to secure the Credit of Bills of Exchange 741
1318. An Act for the more easy and expeditious obtaining the admeasurement of
Dower to Widows, of the Lands of wliich their deceased husbands
were seized in fee at any time during their Marriage 742
1319. An Ordinance respecting Silver and Copper Coin 743
1320. An Ordinance to enable the attorney of Baron de Berenger de Beaufain to sell
and dispose, for his benefit, certain Lands which belonged to Hector
Berenger de Beaufain 744
1321. An Ordinance for preventing of Indents being made a setoff against Duties and
Taxes due the Public 745
*1322. An Act for incorporating divers Religious Societies therein named 746
*1323. An Act for incorporating the Beaufort Society and the St. Helena Society 746
♦1324. An Act for laying out several new Roads, and for establishing divers Public
Ferries, therein mentioned 746
*1325. An Ordinance for establishing a County and County Courts in the new ceded
lands on the north side of Saluda river 746
1326. An Act to confer certain Rights and Privileges on Aliens, and for repealing the
Acts therein mentioned 746
1327. An Act reserving certain Lauds for the present use and occupation of the
Cherokee Indians ; and to extend the time of payment for new granted
Lands, in the manner therein mentioned 747
' 1328. An Act to facilitate the issuing the Paper Medium of Circulation, provided to
be issued by an Act passed the twelfth day of October, in the year
one thousand seven hundred and eighty-five 748
YM'J. An Ordinance lor repealing an Ordinance, passed the twelfth day of October,
one thousand seven hundred and eighty-five, entitled " An Ordinance
to authorize and require Colonel Anderson to collect a set of vouchers
from the regiments of Waters, Brandon, and Roebuck, for the relief of
those public creditors the vouchers of whose accounts have been
destroyed by Colonel Anderson ;'' and for fixing the mode of setthng
the accounts of said regiments by the Auditor General of Public
Accounts 74y
1330. An Ordinance for establishing a Warehouse or Warehouses for the Inspection
and Storage of Tobacco, at Mayson's Ferry, on Savannah river, and
the JEtvl Iron Works, in York county 749
1331. An Act to authorize the Surveyor General and Register of Mesne Conveyan-
ces to occupy tw'O rooms in the State House 750
*1332. An Ordinance to empower the company for the opening the inland Navigation
between Santee and Cooper rivers, to import into this State three hun-
dred Negroes ; and for other purposes therein mentioned 750
1333. An Act to appoint Commissioners to purchase Land for the purpose of building
a Town, and for removing the seat of Government thereto 751
*1334. An Ordinance for improving the Navigation of Goose Creek, in Charleston dis-
trict, and for better Draining the Low Lands in its vicinity 752
1335 An Ordinance to appoint Commissioners to ascertain and settle the boundaries
of this Slate with the States of Georgia. and North CaroUna ; and to
authorize his Excellency the Governor to appoint Agents to act in be-
half of this Slate at the Federal Court, in the controversy between this
State and the State of Georgia, relative to Boundary 753
TABLE OF CONTENTS. xxxv
A .D. 1786. No. 133G. An Act for repealing the thirty-sixth clause of the Jury Law ; and for other
purposes therein mentioned 751
1337. An Act to invest in Peter Belin, and his Assigns, the exclusive right of con-
structing and vending sundry useful Water Machines, during the time
therein limited 755
1338. An Act to amend the Confiscation Act ; and for other purposes therein men-
tioned ; "^^^
♦1339. An Act to incorporate the Vestries and Churchwardens of the Episcopal
Churches in the Parishes of St. Bartholomew, St. Helena, and St.
John's, Colleton county 759
1340. An Act to authorize the Delegates of this State to subscribe and ratify an
agreement for altering part of the Articles of Confederation and Per-
petual Union between the United States of A merica 759
Notes '"^
Index '^^
STATUTES AT LARGE.
A. U. 1753.
AN ORDINANCE for enabling and impowering the persons there- No. 810.
IN named, to import into this Province, from the Northern or
OTHER Colonies, a quantity of Indian Corn not exceeding fifty
thousand bushels, for THE USE AND CON.SUMPTION OF THE INHABITANTS,
BY BORROWING THE SUM OF TWO THOUSAND FIVE HUNDRED AND THIR-
TEEN POUNDS AND FOURTEEN SHILLINGS, NOW LYING IN THE HANDS OF
THE Powder Receiver, and the monies in the Public Treasury
APPROPRIATED TO THE USE OF THE FORTIFICATIONS, AND FOR REPLACING
THE SAME IN THE MANNER THEREIN APPOINTED.
FORASMUCH as the drought of last summer and late dreadful hur-
ricane, have caused so gi'eat a scarcity of Indian corn that it is become
absolutely necessary to procure a supply for the subsistence of the inhab- preamble,
itants of this Province ; and forasmuch as such supply cannot be had
without ready money, which this Government cannot in time provide
without borrowing the same from the funds hereinafter mentioned ; we
therefore humbly j^ray his most sacred Majesty that it may be ordained,
I. And be it ordained, by his Excellency James Glen, Esq. Govemor-
in-chief and Captain General in and over the Province of South Carolina,
by and with the advice and consent of his Majesty's Council and the
House of Assembly of the said Province, now met in General Assem-
bly, and by the authority of the same, That Colonel Robert Brewton, the ™,
powder receiver of this Province, shall pay the sum of two thousand five receiver and
hundred and thirteen pounds and fourteen shillings, now in his hands, public treasu-
arising by the sale of gunpowder out of the public store in the magazine, monies to'coin-
by a resolution of the General Assembly, and that the public treasurer of missioners
this Province shall pay the balance which was in the fund appi'opriated to '^*''"?'," "?™'''^ *°
the use of the fortifications on the twenty -ninth day of September last, into import 50,000
the hands of Andrew Rutledge, Thomas Smith, Gabriel Manigault, John bushels of
Savage, Robert Pringle, Paul Trapier and John Dart, Esquires, whenev- *^°"^'
er the said powder receiver and public ti'easurer, or either of them, shall
be thereunto required by the said Andrew Rutledge, Thomas Smith, Ga-
briel Manigault, John Savage, Robert Pringle, Paul Trapier and John
Dart, or any four or more of them, in order to enable them to import into
this Province a quantity of Indian com, not exceeding fifty thousand bush-
els, for the use and consumption of the inhabitants of this Province, in
manner heieinafter directed and appointed.
II. And be itfririlier ordained, by the authority aforesaid. That they, the
said Andrew Rutledge, Thomas Smith, Gabriel Manigault, John Savage, T^*" commis-
Robert Pringle, Paul Trapier and John Dart, or any four or n^ore of them, ^'^"Ynj"diJ-
shall have power, and they are hereby fully impowered and authorized, to patch vessels.
hire a vessel or vessels, such as they or any four of them shall judge con-
venient for the purpose, and immediately to dispatch the same to such of
the Northern or other colonies as they shall think proper, for a supply of
VOL. IV.— 1.
2 STATUTES AT LARGE
A. D. ]75:i. Indian com, and also to give directions to their correspondents in any of the
^^^^'-^^'^^^^ said Colonies to purchase upon the credit of bills of exchange payable in
To be paid for London, a certain quantity of Indian corn, to freight back the said vessel
in l)ills payable or vessels, and to procure as much more com as will make up in the whole
a quantity not exceeding fifty thousand bushels ; and that they, the said
Andrew Rutledge, Thomas Smith, Gabriel Manigault, John Savage, Ro-
bert Pringle, Paul Trapier and Jt)hn Dart, or any four or more of them,
do direct tlieir said correspondents to hire as many convenient vessels as
may serve to bring hither the remainder of the com that shall be purchas-
ed agreeable to their directions ; provided always, that the said vessels with
the said com be despatched from the said Colonies for the port of Charles-
town, at any time on or before the first day of June next ensuing, and as
much sooner as possible, but not after.
III. A/id be it also ordahicJ by the authority aforesaid, That when the
ma v'hhv Mores ^^^^^ ^*^™ ^^ ^"J P^^''^ thereof shall be impoited, they, the said Andrew Rut-
aiid sell the ' ledge, Thomas Smith, Gabriel Manigault, John Savage, Robert Pringle,
coin to the Paul Trapier and John Dart, or any four or more of them, shall have
exce'odin? two power to hire stores for j)utting the said, com in, if needful, and to sell to
busholsper the inhabitants of this Province, giving preference to the poor, any quan-
"^'^'^ ■ tity of the said com, not exceeding two bushels per head to each person
in a family, until the first day of July next ensuing ; the person applying
Persons anplv-^*^^' ^^^ ^'^^^ corn first making oath before either of the persons above nam-
mz to make ed, who are hereby impowered to administer the same, or before any jus-
oatli that the tice of the peace, that the said corn is for the use and consumption of his
corn IS mt.^nd- ■, c •^ nri i ii-iai
cd for th>^ use *^^' '^^^' o^^''^ family, and not for sale or any other use ; and the said Andrew
of ih.irown Rutledge, Thomas Smith, Gabriel Manigault, John Savage, Robert Prin-
''"" -^ ■ gle, Paul Trapier and John Dart, or any four or more of them, shall have
power to employ a store-keeper to keep account, take charge of and mea-
sure and deliver out the said com agreeable to their directions.
IV. And be it also ordained by the authority aforesaid, That the said
The corn ini- com shall be sold to the inhabitants of this Province in manner aforesaid,
j)ortcd not to be at no higherprice than will defray the prime cost and all charges ; and in case
than wTll pay ^^ should SO happen that corn should be at a low price and the said per-
pi-imc cost aiid SOUS cannot dispose of such corn as shall be imported by virtue of this
c jarges. Ordinance for so much as will defray the expence of importing the same,
then the said persons, or any four or more of them, shall and may dispose
of the corn by them imported in the best manner they can, according to
their discretion.
V. And be it further ordained by the authority aforesaid. That the
The monies monies arising by the sale of the said com to the inhabitants of this Pro-
arism? honi viiice, shall be and is hereby applied to reimburse the said Andrew Rut-
appii'ed to re- ledge, Thomas Smith, Gabriel Manigault, John Savage, Robert Pringle,
imburse the Paul Trapier and John Dart, in all such sum and sums of money as they or
comm^ssimiers ^^^ °^ them shall or may be in advance on account of the imjjortation of
to replace the ' the said corn, and to replace the said sum in the hands of the powder re-
advances of the ceiver, and the monies in the public treasury appropriated to the use of
er and public ^^^ fortifications, which the said Andrew Rutledge, Thomas Smith, Gabri-
treasurer. el Manigault, John Savage, Robert Pringle, Paul Trapier and John Dart
are hereby enjoined and required to pay over to the said powder receiver
and public treasurer accordingly.
VI. But in case of any loss that may be sustained in sending for the
Any d^ficincv^'''^'^ corn, or in case the monies arising from the sale of the com so to be
to be sui-piied imported, shall not prove sufiicient to reimburse the said Andi-ew Rut-
by a His.heK- ledge, Thomas Smith, Gabriel Manigault, John Savage, r,ul,c:-t Pringle,
■ Paul Trapier and John Dart, all such sum and sums of money as shall be
OF SOUTH CAROLINA.
advanced by them, and to replace the said sum in the hands of the powder
receiver, and the monies borrowed fi-om the fortilication fund, then It is
hereby ordahml, That the deficiency, whatever it may be, shall be raised
by a tax on the inhabitants of this Province in the same manner and pro-
portion as the annual charges of this Goveniment are borne and defrayed,
and shall be provided for by the first Act that shall be passed for defray-
ing the charges of this Government after such deficiency shall be made
appear.
Li the Upper House of AsseinhJij, the 5th daij of March, 1753.
Concurred to: JAMES KINLOCH.
In the House of Assemhltj, the 5th day of March, 1753.
By order of the House.
JAMES MIC HIE, Spcahcr.
In the Council Chamber, the 5th day of March, 1753.
Assented to: JAMES GLEN.
A. D. 1753.
AN ACT TO IMPOWER THE CoMMISSIOIVEKS WHO WERE APPOINTED Et)R Xo. ><11.
BUILDING A. Church in the Parish of Prince William, in Gran-
ville COUNTY, and the COMMISSIONERS WHO WERE APPOINTED FOR
BUILDING A Church in Georgetown, and the Commissioners who
WERE appointed FOR BUILDING A ChAPEL OF EaSE IN THE pARISH
OP St. James Santee, in Craven county, to erect and set up
Pews in the same, and to dispose of the said Pews, to enable
them to raise money for the finishing of the said Churches
AND Chapel respectively.
WHEREAS, the commissioners who were app()inte<] for building a
church in the parish of Prince William, in Cranville county, b}' theii- PitniuMi^
petiti<^)n to the General Assembly have set forth, that pursuant to the
power given them for Ijuilding the said church, they had almost finished
the same, but the sums given by tlie General Assembly, and subscribed
and paid by private persons, were not sufficient to defray the exj)ense
thereof; that in the Act for building the said church, no power is given
to the commissioners for erecting and setting up pews, and for disposing
of them, which the petitioners conceive if they were impowered to do,
they would thereby be enabled to raise a fuither sum toward finishing the
same, and praying that a law may be made for those purposes ; we there-
fore humbly pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency James Glen, Esquire, Governor
in-chief and Captain General in and over the Province of South Carolina, The ronimis-
by and with the advice and consent of his Maiesty's Ccnincil, and the ^'""'-''^ impow-
House of Assembly of the said Provmce,now met m General Assembly, and pew« in the
bv the authority of the same. That the commissioners for building a*^'^"'"^'';,""''^''*"
• ... * » • lidSG 01 lllS
church in the parish of Prince William, in Granville county, or a majority J.,„,^p j„ (pg
of them, shall have power and authority, and they are hereby fully impow- simiile.
ered and authorized, to erect and set up pews in the said church, in such
manner as they shall think fit, and to dispose of and convey to any persons,
and their heirs and assigns forever, by an instrument of writing to be
drawn up and executed for that purpose, the said pews, in the manner
following, (that is to say) the persons who shall have contributed most
4 STATUTES AT LARGE
A. D. 1753. toward the building of the said church, shall be entitled to and have the
'"-^'~''^"^*^ first choice of the pews in the same ; provided that tho, moneys contributed
The liirsost which shall entitle any subscriber to the choice of a pew, shall not make
contributor to j^ jj^g whole less than the sum of seventy pounds currency ; and in cases
choice of a where it shall happen that several persons have contributed alike, such
pew. persons shall draw lots for the choice.
II. And be it further enacted by the authority aforesaid, That the com-
. . missioners for l)uilding the church in CTeorgetown, or a majority of them,
of'^Geor^e^own ^^^ ^^^ commissioners for building a chapel of ease at Echaw, in the
and Ech;iw, parish of St. James Santee, in Craven county, to which board of commis-
niayerect pews g^Qj^gj^g EJ^yaj.fj Jeimain is hereby added and appointed, or a maiority of
them as above, them, shall have power and authority, and they are hereby fully authorized
and impowered, to erect and set up pews in the said church and chapel
respectively, and to dispose of and convey the said pews to any persons,
their heirs and assigns forever, in like manner as the commissioners for
building the church in Prince William's parish are impowered to do ; which
last mentioned conmiissioners are directed and required to give prefer-
ence in the choice of the said pews to those persons who shall have
estates in the said parish, and have contributed most toward the building
of the said church or chapel.
III. And he it further enacted by the authority aforesaid, That the
Pew money to moneys which shall be received by the said several sets of commissioners
th '^^ *'l"^ **" ^*^^ ^^^ disposal of the said pews, shall be by them, or a majority of them,
applied for and toward the defrajnng the expence of building, finishing
and adorning the said churches and the said chapel of ease respectively,
and to no other use or purpose whatever.
JAMES MICHIE, Speal.-er.
In the Council Chamber, the 21st. day of April, 1753.
Assented to : JAMES GLEN.
No. 812. AN ACT for making Black river navigable, from the Western boun-
dary of the Township of Williamsburgh, down to the tide way, as
far as the place commonly called the Narrows.
(Passed 21st April, 1753. See last volume.)
No. 813. AN ACT for appointing and impowering Commissioners to make the
Wateree river navigable, and for laying out and making a road
from the Upper Settlements near the Catawba nation, on the North-
east side of the said Wateree river, to the place on Santee river
commonly called Beard's Ferry, and from thence to the road lead-
ing from the Congrees to Charlestown.
(Passed 21st April, 1753. Sec last volume.)
OF SOUTH CAROLINA.
A. D. 1753.
AN ACT to exempt the Inhaliitants of the lower district of the parish No. 814.
of St. James Santee, in Craven county, from working on or contri-
buting towards any repairs to be made to the road or causey leading
over Lynch's Island.
(Passed 21st April, 1753. See last volume.)
AN ACT for appointing Commissioners to build a Bridge over the No. 815.
pond in the Four Holes Swamp, commonly called Gibbes's pond,
and to lay out, make and keep in repair, a road to and from the
said bridge, as convenient as may be, into the Orangeburgh old
road, from the head of the path leading from Dorchester to Izard's
Cow-pen.
(Passed 21st April, 1753. See last volume.)
AN ACT to continue an Act entitled "an Act for the better regulating No. 816.
the Militia of this. Province, and for repealing the former Acts for
regulating the Militia, and for repealing an Act for the further
security and better defence of this Province."
(Passed 21st April, 1753. See last volume.)
AN ACT FOR SKCURING THE PAYMENT OF THE SUM OF TWO THOUSAND No. 817.
AND FIVE HUNDRED POUNDS TO THE HONORABLE HeCTOR BeRINGER
- De Beaufain, Esq., and the sum of three thousand and five
HUNDRED pounds TO (tABRIEL MaNIGAULT, Esq., THEIR RESPECTIVE
EXECUTORS, ADMINISTRATORS OR ASSIGNS, WITH INTEREST, AT THE RATE
OP SIX PER CENTUM PER ANNUM, OUT OF THE FUND APPROPRIATED TO
THE USE OF POOR PrOTESTANTS COMING FROM EuROPE TO SETTLE IN
THIS Province, the said sums having been lent by them to sup-
ply THE deficiency IN THE SAID FUND.
WHEREAS, by reason of the gx'eat number of foreign Protestants
who have lately arrived from Europe to settle in this Province, the fund
which was appropriated as a bounty for settling the said Protestants was
anticipated, and many of the said Protestants were detained in Charles-
town for want of money in the said fund to pay them the said bounty ;
and whereas, the Honourable Hector BeringerDe Beaufain, Esq. lent the
sum of two thousand and five hundred pounds, and Gabriel Manigault,
Esq. the sum of three thousand and five hundred pounds, for the use of
the said poor Protestants, upon a resolution of the General Assembly to
pass an Act for securing the payment of the same, with interest, out of
the fund aforesaid ; we therefore humbly pray his most sacred Majesty
that it may be enacted,
6 STATUTES AT LARGE
A. D. 1753. I. And be it enacted, by his Excellency James Glen, Esq., Governor-in-
^-^^^^'""'^^ chief and Captain General in and over the Provnnce of South Carolina,
by and with the advice and consent of his Majesty's Council and the
House of Assembly of the said Province, now met in General Assembly,
and by the authority of the same. That the public treasurer of this Pro-
Nomonevtobe^'"^^^ for the time being, shall not, on any account or pretence whatever,
paid under the issue or pay any sum or sums of money to any person or persons whoever
^^,1°'^"'""'' ^^'out of the fund appropriated as a bounty to poor Protestants coming from
Pro'tcstant'set- Europe to settle in this Province, by an Act of the General Assembly,
tiers, till the passed the fourteenth day of June, in the t\venty- first year of his present
porsmi^are^ Majesty's reign, commonly called the general duty law, until there shall
paid the sums be a sum sufficient in the said fund to satisfy and pay the said Hector
thev advanced, g J 1^ Beaufain, his executors, administrators or assigns, the said
with t) per cent. 7. , i i /> i i i i i > • .. * »
interest. sum ot two thousand and five huntu-cd pounds, and one year s mterest, at
six per centum per annum, and the said Gabriel Manigault, his executors,
administrators or assigns, the said sum of three thousand and five hundred
pounds, with one year's interest, as aforesaid ; any thing contained in the
said Act or any other Act or Acts of the General Assembly of this Pro-
vince to the contrary thereof in any wise notwithstanding.
II. Provided nlicai/s nercrtheless, and he it also enacted by the authority
aforesaid. That the said public treasurer shall be, and he is hereby obliged,
enjoined and required, at the end of (jne year from the time the sums were
respectively lent, to pay the said Hector Beringer Ue Beaufain, his execu-
tors, administrators or assigns, the said sum of two thousand and five
hundred pounds, and the said (xabriel Manigault, his executors, administra-
tors or assigns, the said sum of three thousand and five hundred pounds,
with interest as aforesaid.
JAMES MICHIE, Speaker.
In the Council Chamber, the 21st dnij of April , 1753.
Assented to: JAMES GLEN.
No. 818. AN ACT for raising and gtanting to his Majesty the sum of Eorty-three
Thousand one Hundred and two Pounds two shillings and six pence
three farthings, for defraying the charges of this Govennnent for one
year, comm(Micing the twenty-fifth day of March, in the year of our
Lord one thousand seven hundred and fifty-two, Old Style, inclusive,
and ending the twenty-fifth day of March, one thousand seven hundred
and fifty-three. New Style, exclusive.
[Note. — The imperfection of the Julian computation of the annual calendar, occasioned the
Gresrorian calendar to he adopted in many parts of Eurojie. In England it was not ado])ted
till the year 1752, when the error required the intercalation of eleven days. Accordingly, by
an Act of Parliament of that year, the 3d of September was made the 14th; and the year,
which heretofore was reckoned as commencing^ in 3Iarch, was ordered to commence the 1st
day of January. The difference between old and new style is therefore eleven days. The
body of this Act is not inserted, not varying essentially from the Acts of Assembly making
annual grants and appropriations, several of which have been already inserted.]
No. 819. AN ACT for incorporating the Charlestown Library Society
(Passed May 8, 1751. See last volufne.)
OF SOUTH CAROLINA.
A. D. 1754.
AN ACT for repealing such parts nf an Act entitled " An Act to cut No. 820.
and sink drains and passages into the north and west branches of
Stono river," as relate to the west branch of Stono river, and tt>impower
the commissioners therein named to cut and sink drains and water pas-
sages into the said west branch of Stono river, and to cut or sink a drain
or water passage in the swamp called Basford's swamp, in the parish of
St. Bartholomew.
(Passed May 8, 1754. See last volume.)
AN ACT for building a Draw-bridge across Ashley river, in the parish of No. 821.
St. Andrew, from some place at or near Stoney Point, on the east side
of the marsh opposite to the said Point, on the west side of the said
river, and for making a Causey upon the said marsh, leading to the said
bridge, and for making a road to the said bridge and causey, and for
vesting the said bridge, when built, in such person and persons, his and
their heirs and assigns, forever, as shall be at the expence of building
the said bridge and making the said causey, and keeping the same at all
times hereafter in repair.
(Passed May 8, 1754. See last volume.)
AN ACT to prevent the inveigling, stealing, and carrying away Ne- No. 822.
groes and other Slaves in this Province, and to prevent the carrying
away of Schooners and Pettiaugers, and also for i-epealing so much of an
Act entitled " An Act for the better ordering and governing Negroes and
other Slaves in this Province," as relates to the time within which
offenders that are apprehended shall be tried, and giving the Justices
and Freeholders a power to postpone the trial of such offenders.
(Passed May 11, 1754. See last volume.)
AN ACT for ascertaining the district for cutting, cleansing and keeping No. 823.
in repair the Creek or Cut commonly called the Hawl-ovei\
(Passed May 11, 1754, See last volume.)
STATUTES AT LARGE
A. T). 1754.
No. 824. AN ACT to uivii>k riiii Paiush of St. Jamis Santkk, in Ckavejc
County, anu kok establishing anotiikr Pari.sh in thk said County,
BY the name of the PaHISH OF St. StEPHEN, and APPOINTINO THK
Chapel of Ease in the said Parish of St. Stephen to be the
Parish Church, and di:claring the Chapkl of Ease at Echaw,
IN THE Parish of St. James Santee, to be the Parish Church,
AND for APPOI.VTIKG CoMMISSiOKERS TO ERECT A ChAPEL OF EaSE
near Wambaw Bridge, in the said Parish of St. James Santee, am>
for ascertaining the number of m embers to represent the in-
HABITANTS OF THE SAID Parishes respectively in the General
Assembly of this Province, and for appointing Commissioners fok
the High Roads in the said Parishes respectively.
Preamble.
WHEREAS, the inhabitants of the parish of St. James Santee, in
Ci'aven county, by their petition to tlie General Assembly, have represent-
ed many inconveniencys which they labour under for want of having
the said parish divided, and prayed that a law may be passed for that pur-
pose; we therefore humbly pray his most sacred Majesty that it may be
enacted,
I. And be It enacted, by his Excellency James Glen, Esq., GoveiTior-in-
chief and Captain General in and over the Province of South Carolina,
by and with the advice and consent of his Majesty's Council and the
Assembly of the said Province, and by the authority of the same. That
immediately from and after the j)assing of this Act, the parish of St. James
parisli''oi"'s\ ^ Santee, in Craven county, shall be divided into two parishes, in the folio w-
Janics Siintee, ing manner, that is to say : the broad road leading from Strawberry to the
in Craven feiry commonly known by the name of Skrine's feny, where the parish
line crosses the said road, and from thence along the present road leading
to the said ferry, till the said road reaches a post with three notches in it,
being the mark of a boundary between the plantation of John Gendron,
Esq. and the plantation where the said Skrine's ferry was kept, as afore-
said, and fi'om thence to continue the same course in a direct line to San-
tee river; and all the lands which are situate on the west side of the line
hereby directed to be made shall be a distinct parish by itself, separate
from the other part of the parish of St. James Santee, and shall hereafter
Stenhcu ^^ called and known by the name of the parish of St. Stephen ; and the
inhabitants of the said parish of St. Stephen shall and may have, hold and
enjoy all the rights, privileges and immunitys that the inhabitants of any
other parish doth or can have, hold or enjoy, by any law or laws of this
Province.
II. And he it further enacted by the authority aforesaid, That the chapel
The chapel within the district and limits of the said parish of St. Stephen, intended to
fi^ T edTo 1 e ^^ hereby separated from the parish of St. James Santee, shall forever
the parish hereafter be, and is hereby declared and appointed to be, the parish church
church. of the said parish of St. Stephen.
III. And he it further enacted by the authority aforesaid, That Mr. Dan-
Commissioners iel Horry, Mr. John Mayrant, Mr. Tacitus Gaillard, Mr. John Gendron, jr.
crectiir-^'^a '""^ ^^^ ^^- Edward Jermayn, or any three of them, shall be, and they are
chapel"of ease, hereby appointed, commissioners for erecting a chapel of ease near Wam-
baw bridge, in the parish of St. James Santee ; and they are hereby
OF SOUTH CAROLINA. - 9
impowered to take subscrijrtions, and to receive, gather, collect and sue for A.L). 17.01.
all such sum and sums of money as any pious and well disposed person '■-^'^'"^•*^
shall give and contribute for building the said chapel.
IV. And he it further enacted by the authoiity aforesaid, That the
chapel of ease at Echaw, in the said parish of St. James Santee, shall at Echuw de*-^^
forever hereafter be, and is hereby declared to be, the parish church of St. olaietl to be the
James Santee ; and the rector or minister of the said parish of St. James Pji'^^l'ili'Tch
Santee for the time being, shall be and he is hereby obliged, enjoined and Santee.
required to preach and perfonn divine sei^vice at the said church, and at
the chapel of ease to be erected near Wambaw bridge, alternately.
V. And be it also enacted by the authority aforesaid, That the rector or
minister of the said parish of St. Stephen shall be elected and chosen in The minister to
the same manner as the rectors or ministers of the several other parishes theVsiml' man-
in this Province are elected and chosen ; and shall have yearly paid him ncr, with a sal-
the sum of one hundred pounds proclamation money as a salary, out of the '^'^■^'J.'."'
fund appropriated or to be appropriated for payment of the salarys of the money,
clergy in this Province ; and the public treasurer of this Province, for liie
time being, is hereby authorized, impowered and recjuired to pay the same, 'I'" lie Pp"! hy
under the like penaltys and forfeitures as for not ])aying the salarys due to tr«vsu'iei?
the other rectors and ministers of the several other parishes in this Province ;
and the said rector or minister of the parish of St. Steplien shall have and
enjoy all and every such privileges and advantages, and shall also be under
such rules, laws and restrictions, as the rectors or ministers of the other
parishes in this Province have and enjoy, or are subject and lialile unto.
VI. And be it further enacted- by the authority aforesaid, That the ex-
pence of maintaining the poor at present upon the parish of St. James . P""*" !° *"'
o 1 n 1 1 -I ^ f 1 n 1 1 • 1 1 • f 1 1 manitanied at
bantee shall be borne and defrayed equally by the inhabitants oi both the equal ex-
parishes, and that all such moneys as have been received by the vestry of P''".'"? »* bo^l*
St. James Santee, for parochial charges, as have not been already expend- ^''"^ "^^"
ed, be equally divided between the said parishes of St. James Santee and
St. Stephen.
VII. And to prevent any disputes that may arise between the said par-
ishes concerning their choosing of members to represent them in the Gen- The parish of
eral Assembly of this Province, Be it enacted by the authority aforesaid, ^*' ^^"^^^ ^°
That the inhabitants of the parish of St. James Santee, qualified by the hers of Assam-
Election Act, shall choose and send two members of Assembly, and the ^^y\ **'"' ••j'^
inhabitants of the said parish of St. Stephen shall choose and send one Stephen one.
member of Assembly, and no more ; any law, usage or custom to the con-
ti-ary thereof in any wise notwithstanding : And that wiits for the electing
of members to serve in the General Assembly, for each of the said parish-
es, shall be issued in the same manner and at the same time as for the
several other parishes in this Province, pursuant to the directions of the
Act entitled "An Act to ascertain the manner and form of electing mem-
bers to represent the inhabitants of this Province in the Commons House
of Assembly, and to appoint who shall be deemed and adjudged capable
of choosing and being chosen members of the said House."
VIII. And be it further enacted by the authority aforesaid. That Daniel
Horry, Theodore Gaillard, Alexander Chovine, Tacitus Gaillard, Edward . .
Jermyn, John Mayrant, John Gendi-on, Jr., Thomas Hall and Peter ,i„"J^inated'fbr^
Roberts, shall be, and they are hereby appointed, commissioners for the 'he high roads,
high roads in the said parish of St. James Santee ; and that Rene Peyre,
Charles Cantey, Samuel Peyre, John Palmer, Samuel Cordes, Peter Por-
cher and Isaac Porcher, shall be, and they are hereby appointed, commis-
sioners for the high roads in the parish of St. Stephen ; and the road which
divides the said parishes, as aforesaid, shall be kept in repair by the inhab-
VOL. IV.— 2.
10
STATUTES AT LARGE
removing.
A. P. 17.54. itants of both parishes. And the said commissioners, for the said pari.shcs
^-^''^'''''"^^ respectively, shall have the same powers and authoritys for laying out,
making and keeping in repair the roads in the said parishes, and shall be
subject and liable to the like penaltys and forfeitures, as the commissioners
for the high roads in the other parts of this Province have or are subject
Commissionrrs ^^^ liable unto, by the laws of this Province ; and in case any of the
dying or commissioners appointed by this Act shall happen to die, depart this
Province, or refuse to act, it shall and may be lawful for the remaining
commissioners to nominate and appoint another commissioner or commis-
sioners in the room of him or them so dying, departing this Province, or
refusing to act ; and the commissioner or commissioners so nominated and
appointed shall have the same powers and authoritys, and be subject to
the same penaltys and forforfeitures, as the commissioners appointed by
this Act.
JAMES MICHIE, SjycaJcer.
In the Council C/iamber, the ilth day of May, 1754.
Assented to : JAMES GLEN.
No. 825. AN ACT appointing Commissioners for repairing and keeping in repair
the bridge over Combee nver, from the causey to the towai of Radnor^
and Commissioners for rebuilding and keeping in repair the bridge over
Wappoo creek in the parish of St. Andrew, and declaring the said
bridge and Hooper's bridge, in the said parish of St. Andrew^ to be
parish bridges, and for appointing Commissioners for the said bridge.
(Passed May 11, 1754. See last rohanc.)
No. 826. AN ACT for applying that fifth part of tiik Tax imposed by
THE GENERAL DUTY LAW ON THE FIRST PURCHASERS OF NeGROES AND
OTHER Slaves imported, which was applied as a bounty to be
^,^^_^3._ given FOB THE BUILDING OF ShIPS AND AS AN ENCOURAGEMENT TO
ShIP-WRIGHTS AND CaULKERS TO BECOME SETTLERS IN THIS PROVINCE,
TO THE USES THEREIN MENTIONED ; AND FOR BUILDING A PeST HoUSE
AND ERECTING A BeACON ; AND FOR APPOINTING AND IMPOWERING
Commissioners to execute the same, and to purchase a piece op
Land convenient for those purposes, and for purchasing a piece
OP Land in Charlestown, and for building another Powder
Magazine thereon.
WHEREAS, in and by an Act of the General Assembly of this Pro-
Preamble, vince, passed the fourteenth day of June, in the year of our Lord one
thousand seven hundred and fifty-one, entitled "an Act for the better
strengthening of this Province, by granting to his Majesty certain taxes
and impositions on the purchasers of negroes and other slaves imj^orted,
and for appropriating the same to the uses therein mentioned ; and for
granting to his Majesty a duty on liquors and other goods and merchan-
dize for the uses therein mentioned ; and for exempting the purchasers
of negroes and other slaves imported, from payment of the tax, and the
OF SOTUH CAROLINA. 11
liquors and other goods and merchandize, from the dutys imposed by any A. D. 1754.
former Act or Acts of the General Assembly of this Province," it is, ^-^'^^"^-^
amon^ other things, enacted, that one-fifth part of the tax imposed by the
said Act on the first purchasers of negroes and other slaves imported,
shall be applied as a bounty to be given for the building of ships in this
Province, and as an encouragement to ship-wrights and caulkers to
become settlers in this Province, to be paid in such manner and propor-
tion as should be directed and appointed by resolution or order of the
General Assembly, or otherwise : And forasmuch as the appointing such
bounty hath not answered the intention of the Legislature, as it hath not
proved any encouragement, either to the building of ships, or for ship-
wa-ights and caulkers to become settlers in this Province, no application
having ever been made to the General Assembly for any part of the same ;
^ and as the applying of the said fifth part of the said tax to the uses herein-
' after mentioned will be more beneficial to this Provhice, we humbly pray
his most sacred Majesty that that it may be enacted,
I. And be it enacted, by his Excellency James Glen, Esquire, Governor-
in-chief and Captain General in and over the Province of South Carolina, Appropriation
by and v\dth the advice and consent of his Majesty's Council, and the of £4,7-^-2 8s.
Assembly of the said Province, and by the authority of the same. That pJbH^^reasury,
the sum of four thousand seven hundred and twenty-two pounds eight to the expence'
shillings and two pence, now in the public treasury, being part of the said ",'^g®j^^|,^].j ^^/
fifth part of the said tax, shall be and is hereby appiopriated and applied the poor Wo-
toward the payment of the expence of sui-veying and running out lands, testuiu settlers.
and the passing of grants to such poor Protestants as have settled in this
Province since the time of passing the above recited Act ; and that the
sum of one thousand and sixty-four pounds eleven shillings and eleven
pence, being the residue of the said fifth part of the said tax which was .j,,^^ residue,
in the public treasury on the twenty-ninth day of September last, shall be £i0(;4 lis. I'ld.
and is hereby appropriated and applied toward defraying the charges <^^ ",^,{*|J°'"g|[g^j.'^ *'j-
this Government, from the twenty-fifth day of March, in the year of our fjj^ oovcm-'^'* "^
Lord one thousand seven hundred and fifty-three, to the twenty-fifth day ment.
of March, one thousand seven hundred and fifty-four ; any thing contained
in the said recited Act to the contrary thereof in any wise notwith-
standing.
II. And be it furtlier enacted by the authority aforesaid, That the annual
income of the said fifth part of the said tax, to be computed from the said The annual in-
twenty-ninth day of September, one thousand seven hundred and fifty- |j""|^^,*fJij''|-^,'^[,
three, shall hereafter be, and is hereby, appropriated and applied for thcp^rt of tlic tax
building of a pest house, and erecting a beacon or land mark, in the man- to be applied to
ner hereinafter directed and appointed, and for purchasing a piece of land[^|||j^^"^"^^ P.^^^^_
convenient for those purposes, and to and for no other use, intent or ting a beacon,
purpose whatsoever ; any thing in the said recited Act contained to the
contrary thereof notwithstanding.
III. And be it further enacted by the authority aforesaid, That the com-
missioners for regulating the pilotage in the port and harbor of Charlestown, ^{-""""j!,^^^'"'*'^'''
for the time being, or a majority of them, shall be and they are hereby ^JJe"coinmis
nominated and appointed commissioners for building the said pest house, sioners for the
and erecting the said beacon or land mark, and purchasing a piece of land "^''"^^ purposes
convenient for those purposes as aforesaid ; and the said commissioners
shall have power, and they are hereby fully impowered and authorized, to
purchase any piece of land properly situated for the purposes aforesaid,
which shall be conveyed to his Majesty, his heirs and successors, for the
use of the said pest house and beacon, and for such other public uses as
may or shall at any time hereafter be appointed by the Legislature of
this Province.
12 STATUTES AT LARGE
A.T). 17.')4. IV. And he it further enacted by the authority aforesaid, That the said
^--^'~^'"''*'^ commissioners shall also have power and authority, and they are hereby
The same. fully authorized and impowered, to build the said pest house, and erect the
said beacon or land mark, upon such land, in such manner, of such dimen-
sions, and with such materials, as they shall think most expedient.
V. And he it further enacted by the authority aforesaid. That all such
moneys as shall come into the treasurer's hands, which are to be applied
aiMiropriiued to to the purchasing land, and erecting a pest house and beacon as aforesaid,
be paid to the shall be paid every six months into the hands of the aforesaid commis-
commissioners gj^j^gj.^, qj. g, maiority of them, for the uses aforesaid ; which moneys the
every b months. .,',,. -^ •' . , it i • • i i • i
said public treasurer is hei'eby directed, enjoined and required to pay out
of the moneys arising from the said fifth part of the said tax ; any law,
usage or custom, to the contiary thereof in any wise notwithstanding.
VI. And whereas, the present powder magazine in Charlestown is not
Commissioners sufficient to contain the public store of gun powder, and the powder
of fortiiications belonging to private persons, which, for the safety of the said town, is by
to build another jg^^ enjoined to be stored in the magazine, Be it therefore further enacted
by the authority aforesaid, That the commissioners for building and
repairing the fortifications in this Province, or a majority of them, shall
have power, and they are hereby fully impowered, to purchase a piece of
' land near the work house in Charlestown, within the line at the north end
of the said town, and to build another magazine upon the said land, which
shall be made with bricks, and of such dimensions and in such manner as
they the said commissioners shall think convenient.
VII. And he it further enacted by the authority aforesaid. That the sum
Appropriations ^^ ^^^ thousand five hundred and thirteen pounds and fourteen shillings,
made for that now in the hands of the powder receiver of this Province, arising from
purpose. j-jjg gj^ig pf gmj powder out of the public store, and such other moneys as
may hereafter be raised by the sale of gun powder out of the public store,
by i-esolution or order of the General Assembly of this Province, shall be
and is herel>y applied toward defraying the expence of purchasing the
said piece of land and building the said magazine ; and the said powder
receiver is hereby directed and required to pay the same to the said com-
missioners for that sei'vice ; and the remaining part of the said expence
shall be defrayed out of the fund appropriated for building and repairing
the fortifications in this Province ; and the public treasurer of this Pro-
vince shall be, and he is hereby obliged and required to pay the said com-
missioners so much money out of the said fund as will be sufficient to
defray the remaining part of the expence of purchasing the said piece of
land, and building and finishing the said magazine.
JAMES MICHIE, Speaker.
In the Council Chamber, the Wth day of May, 1754.
Assented to: JAMES GLEN.
OF SOUTH CAROLINA. 13
A. D. 1754.
AN ACT for vesting the Feny over Savanna river, at the Garrison No. 827.
of Fort Moore, in New Windsor, in John Stewart of New Windsor,
his executors, administrators and assigns, for the term therein men-
tioned ; and for establishing a Ferry over Santee river, in the towTi-
ship of Saxe-Gotha, from the land of Martin Fridig, on the South
side, to the opposite landing on the North side, of the said river,
and for vesting the same in the said Martin Fridig, his executors,
administrators and assigns, for the term therein mentioned.
(Passed May 11, 1754. See last xiolume.)
AN ACT TO REVIVE AND CONTINUE THE SEVERAL AcTS OF THE GeNE- JVo. 828.
RAL Assembly of this Province therein mentioned.
WHEREAS, several wholesome and beneficial temporary laws of this
Province are expired or near expiring, we humbly pray his most sacred
Majesty that it may be enacted,
I. And be it enacted by his Excellency James Glen, Esq., Govemor-in-
chief and Captain Geperal in and over the Province of South Carolina,
with the advice and consent of his Majesty's Council and the House of
Assembly of the said Province, now met in General Assembly, and by the
authority of the same. That an Act of the General Assembly of this Pro-
vince entitled " An Act for declaring Dorchester bridge. Bacon's bridge,
McCollum's bridge, and Waring's bridge, in the parish of St. George,
Dorchester, to be parish bridges, and appointing the manner in which the
same shall hereafter be kept in repair, and for reviving and continuing an
Act of the General Assembly of this Province entitled ' An Additional
and explanatory Act to an Act entitled an Act to impower the several
commissioners of the high roads, private paths, bridges, creeks, causeys,
and cleansing of water passages in this Province of South Carolina, to
alter and lay out the same, for the more direct and better convenience of
the inhabitants,' " passed the twenty-ninth day of May, in the year of our
Lord one thousand seven hundred and forty-four : And also one other Act
entitled " An Act to nominate and appoint commissioners of the highways
in the upper settlements on Pedee, Waccamaw and Black rivers, with
power to establish fen-ys at such convenient places within the several dis-
tricts therein mentioned as the majority of the cf)mmissioners of the said
districts shall direct, and to appoint highway and bridge commissioners
for Saxe-Gotha township," passed the thirteenth day of June, one thou-
sand seven hundred and forty-seven — be, and are hereby declared to be,
revived, continued, and enacted to be of full force and virtue for and
during and unto the full end and term of seven years from and after the
passing of this Act, and from thence to the end of the then next session
of the General Assembly, and no longer.
H. And be it further enacted, by the authority aforesaid. That an
Act of the General Assembly of this Province entitled " An Act for
keeping the Streets in Charlestown clean, and establishing such other
regulations for the security, health and convenience of the inhabitants of
the said town, as are therein mentioned, and for establishing a new
market in the said town," passed the thirty-first day of May, one thousand
seven hundred and fifty : And also one other Act entitled "An Additional
14 STATUTES AT LARGE.
A. D. 1754. and Explanatory Act to an Act of the General Assembly of this Province
entitled an Act for keeping the Streets in Charlestown clean, and for es-
tablishing such other regulations fen- the secuiity, health and convenience
of the inhabitants of the said town, as are therein mentioned, and for
establishing a new market in the said town," passed the fourth day of May,
in the year of our Lord one thousand seven hundred and fifty-one — be,
and are hereby declared to be, revived, continued, and enacted to be of full
force and virtue, for and during and unto the full end and tenn of two years,
from and after the passing of this Act, and from thence to the end of the
then next session of the General Assembly, and no longer.
JAMES MICHIE, Speaker.
in the Council Chamber, the 11th day of May, 1754.
Assented to: JAMES GLEN.
No. 829. AN ACT for raising and granting to his Majesty the sum of Thirty-
seven thousand eight hundred and ninety-eight pounds one shilling and
six pence three farthings, and for applying the sum of four thousand
two hundred and tifty-six ]>ounds and eleven shillings, being the bal-
ances of several funds in tlic public treasury of this Province, making
together forty-two thousand one hundred and fifty-four pounds twelve
shillings and six pence three farthings, for defraying the charges of this
Government for one year, commencing the twenty-fifth day of March,
in the year of our Lord one thousand seven hundred and fifty-three,
inclusive, and ending the twenty-fifth day of March, one thousand seven
hundred and fifty-four, exclusive.
(Passed May 11, 1754. Omitted.)
No. 830, ^^ ORDINANCE appoint/xg a Comptkoller of the Country
DUTYS AND A CoUNTKY WaITKR OF THE PoiiT OF ChARI.ESTOVVN, AND
A Comptroller and Receiver of the Country Dutvs for the
Port op Beaufort, Port Royal.
WHEREAS, it is necessary that a comptroller of the country duties,
and a country waiter, for the port of Charlestown, and a comptroller and a
receiver of the countiy duties for the port of Beaufort, Port Royal, should
be appointed, p'*- i
L Be it therefore ordained, by his Excellency James Glen, Esq., Gov-
ernor-in-chief and Captain General in and over the Province of South
Carolina, with the advice and consent of his Majesty's Council and the
Commons House of Assembly of the said Province, now met in General
Assembly, and by the authority of the same. That Mr. Samuel Bowman
shall be and is hereby appointed comptroller of the country duties for the
port of Charlestown, and that Mr. Henry Kennan shall be country waiter
for the said port ; and that Mr. John Chapman shall be comptroller of the
country duties for the port of Beaufoi't, Port Royal ; and that Mr. Wil-
liam Harvey shall be, and is hereby aj^pointed, receiver of the said duties
for the said port. And the said comptrollers and receivers, respectively,
shall have the same powers and authorities, and shall be entitled unto,
OF SOUTH CAROLINA. 15
receive and take the same fees and perquisites in the execution of their A.D. I75.i.
respective offices, and shall be subject and liable to the like penalties and
forfeitures for neglect of duty, as the comptrollers of the country duties for
the port of Chai'lestown have heretofore been subject and liable to, and
the public treasurer of this Province, respectively, are entitled to take and
receive, and are subject and liable unto, by the laws of this Province.
II. A?id it is hcrchij further ordained, That the said country waiter shall
have a salaiy of one hundred pounds per annum, to be paid out of the
duties arising on liquors, spmts and other goods and mei'chandize imported
into and exported out of Charlestown ; and shall have the same perquis-
ites, powers and authorities, to all intents and pui-poses, for the executing
of his office, as are by law given to any other country waiter in this
Province.
HENRY MIDDLETON, Speaker.
In the Council Chamber, the 1st day of Febrttary, 1755.
Assented to: JAMES GLEN.
AN ACT FOR IMPOWERING THE CHURCHWARDENS AND VesTRY OF THE ]^q 531
Parish of St. Bartholomew to dispose of the Pews in the
Chapel lately erected in the said Parish.
WHEREAS, a chapel of ease hath been lately erected in the parish of
St. Bartholomew, and whereas, there ai'e several pews set up and erected
in the same that cannot be disposed of unless a law is passed by the legis-
lature of this Province for that purpose ; therefore, in order to authorize
and impower the churchwardens and vestry of the said parish to sell, con-
vey and dispose of the said pews to any person or persons that may be
desirous of purchasing the same, we humbly pray his most sacred Majesty
that it may be enacted,
I. And be it enacted, by his Excellency James Glen, Esq., Govemor-in-
chief and Captain General in and over the Province of South Carolina, by
and with the advice and consent of his Majesty's Council and the Com-
mons House of Assembly of the said Prorince, now met in General
Assembly, and by the authority of the same. That the churchwardens and
vestry of the said parish, for the time being, shall have power and author-
ity, and they are hereby fully authorized and impowered, to dispose of and
to convey to any person and their heirs and assigns, for ever, by an instru-
ment in writing, to be drawn up and executed for that pui-jDOse, the said
pews, in the manner following ; that is to say, the persons who have con-
tributed most toward the building of the said chapel shall be entitled to
and have the first choice of the pews in the same ; provided, that the
moneys contributed, which shall entitle any subscriber to the choice of a
pew, shall not make in the whole less than the sum of twenty pounds cur-
rency ; and in cases where it shall hajipen that several persons have con-
tributed alike, such persons shall draw lots for the choice ; and the church-
wardens and vestry of the said parish are hereby directed and required to
give preference in the choice of the said pews to those persons who shall
have estates in the said parish and have contributed most toward the build-
ing of the said chapel, as aforesaid.
II. And. he it further enacted by the authority aforesaid. That the moneys
which shall be I'eceived by the said cliurchwardens and vestry for the
16 STATUTES AT LARGE
A.D. 1755. disposal of the said pews shall be by each and eveiy of them applyed for
and towards the defraying the expence of keeping the said chapel from
time to time in repair, and to and foi- no other use, intent or purpose what-
soever.
BENJAMIN SMITH, Speaker.
In (lie Council Chamber, the 12th day of April, 1755.
Assented to: JAMES GLEN.
No. 832. AN ACT for laying out, makmg and keeping in repair a Road from
Punysburgh to Bee's Creek, in Granville county, and for discontinuing
such part of the present high road as leads from Day's Creek to Fur-
ry sburgh.
(Passed April 12, 1755. See last volume.)
No. 833. AN ACT for reviving and continuing several Acts of the General
Assembly of this Province therein mentioned, and for amending
one of the said Acts entitled " An Act for the better regula-
ting of the Militia of this Province, and for repealing the
former Acts for regulating the Militia, and for repealing an
Act entitled an Act for the further security and better de-
fence of this Province."
WHEREAS, several wholesome and beneficial laws of this Province
are near expiring; we therefore humbly pray his most sacred Majesty that
it may be enacted,
I. And he it enacted, by his Excellency James Glen, Esq., Govemor-in-
chief and Captain General in and over the Province of South Carolina,
by and with the advice and consent of his Majesty's Council and the Com-
mons House of Assembly of the said Province, and by the authority of
the same. That an Act of the General Assembly of this Province entitled
" An Act for the better preventing of excessive and deceitful Gaming,"
made the sixteenth day of May, in the year of our Lord one thousand
seven hundred and fifty-two ; and also another Act entitled "An Act to
restrain the too frequent sales of goods, wares and merchandize by public
auction or outcry in Charlestown, and for the better regulation of such
sales," made the fourth day of May, in the year of our Lord one thousand
seven hundred and fifty-one ; and also another Act entitled "An Act for
the better regulating the Militia of this Province, and for repealing
the former Acts for regulating the Militia, and for repealing an Act
entitled an Act for the further security and better defence of this
Province," made the thirteenth day of June, one thousand seven hundred
and forty-seven — be, and are hereby declared to be, continued, and enact-
ed to be of full force and virtue, for and during and until the full end and
term of three years from and after the passing of this Act, and from thence
to the end of the next session of the General Assembly, and no longer.
II. And whereas, disputes have arisen in the districts in the country
parishes, with respect to the levying fines on defaulters at musters, for that
such defaulters had not been summoned to shew cause why they should
OF SOUTH CAROLINA. 17
not be fined ; for prevention whereof for the future, Be it further enacted A.I>. 1755.
by the authority aforesaid, That all and every defaulter and defaulters at ~
musters in the country parishes shall (without being summoned) be obliged
to attend one of the commissioned officers of the company in which such
defaulter shall be enrolled, and make his excuse for not appearing at mus-
ter, on or before the next muster day ; and unless such excuse shall be
admitted by two commissioned officers of the said company, such defaulter
shall be obliged to pay the fine inflicted by the Act last above mentioned ;
any law, usage or custom to the contrary notwithstanding.
BENJAMIN SMITH, Sjieaker.
Assented to the 14^/i day of May, 1755.
JAMES GLEN.
AN ACT TO RESTRAIN THE EXPORTATION OF PROVISIONS AND WaRLIKE No. 834,
Stores from this Province, for the time therein mentioned.
Preamble.
WHEREAS, the exportation of provisions or warlike stores from this
Province may, at this time, be greatly prejudicial to his Majesty's subjects
in America, we therefore pray your most sacred Majesty that it may be
enacted,
I. And be it enacted, by his Excellency James Glen, Esq., Governor-in-
chief and Captain General in and over his Majesty's Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the House of Assembly of this Province, and by the authority of the same, Exiwrtation of
That no person or persons whatsoever, at any time or times during the P>ovisions and
space of nine months next after the passing of this Act, shall, dii'ectly or proliibited for
indirectly, lade on board, or cause or procure to be laden on board, any ship ninr moiuhs.
or other vessel or boat, in order to be carried out of this Province to any
part of America, any corn, pease, flour, bread, biscuit, beef, pork or bacon,
live stock, or any other provisions, (rice only excepted) or any warlike
stores, under the penalties and forfeitures hereinafter mentioned ; that is
to say, that every ship or other vessel or boat which shall load or take on
board any of the aforesaid provisions or warlike stores, contrary to the
true intent and meaning of this Act, shall be forfeited, with all her guns,
tackle, apparel and furniture, and all the said provisions and warlike stores
on board the same, or the value thereof, shall be foxfeited, the one moiety
thereof to his Majesty, his heirs and successors, and the other moiety
thereof to him or them that will inform and sue for the same in any court
of record in this Province, by bill, plaint, information, or other action. —
Provided, that nothing in this Act shall extend or be construed to restrain Exception,
the exportation of any such commoditys or provisions as shall be necessary
to be carried in any ship or vessel or boat, in their voyage fiom this Pro-
vince to any part of America, for the sustenance and support of the mas- '
ter, mariners and passengers on board the same, or for the victualling or
providing any of his Majesty's ships of war.
II. And be it further enacted by the authority aforesaid, That it shall
and may be lawful for the treasurer, comptroller or waiter, at any time Vessels may be
within the term aforesaid, to enter into and search all or any ships or ves- searched.
sels bound from this Province to any port of America, and in case they
shall discover that any of the aforesaid commodities or provisions have
been laden or put on board without bond being given as by this Act is
VOL. IV.— 3.
IR STATUTES AT LARGE
A. n. 1755. directed, then to seize all and every such ships and other vessels or boats,
'"-*''"^^''^*-^ and also the corn, pease, flour, bread, biscuit, beef, pork or bacon, live
stock, or any other provisions or warlike stores found on board the same,
and to secure the same until condemned or delivered by due course of law,
and in case of recovery to be divided according to the direction of this
Act
III. Provided, That this Act or any thing therein contained shall not
Exporter to extend to any of the said commodities which shall be exported or shipped
port bound"^"^* ^^ ^® exported out of or from this Province to any port or place whatso-
ever, except to the dominions of his most Christian Majesty, so as the ex-
porter do, before the shipping the same, declare the port or place for
which the said commodities are respectively designed, and do become
bound with other sufficient security in treble the value thereof, to the comp-
troller of the country duties of the port or place where the same shall be
shipped, who has hereby power to take such security in his Majesty's
name, to his Majesty's use, for the service of this Province, that^such com-
moditys shall not be landed or sold in any port or place subject to his most
Christian Majesty, which bond shall be forfeited unless a certificate shall
be produced to the comptroller of the country duties to whom bond was
given, within eighteen months after the date of such bonds, from two of
the principal officers of his Majesty's customs in the port where the same
be landed, that the com, pease, flour, bread, biscuit, beef, pork or bacon,
live stock, or any other provisions or warhke stores, laden on board the
ships and vessels or boats, for which bond was given as aforesaid, have
been landed in some part of his Majesty's dominions, the dangers of the
seas excepted ; or unless affidavits by the master or mate, with any one of
the mariners, taken before the Crovemor or other magistrate, authenticated
under the provincial seal or certified by a public notary, that the said com-
moditys have been landed in some foreign port or place not belonging to
his most Christian Majesty.
IV, And he it also enacted, That it shall be lawful for the comptroller
Fee of the aforesaid to receive a fee of twenty shillings cun-ent money, for his trouble
in taking the bond and cancelling the same, and no more.
B. SMITH, Speaker,
Assented to the lUh day of May, 1755.
JAMES GLEN.
No. 835. AN ACT for raising and granting to his Majesty the sum of sixty-two
thousand one hundred and thirty-four pounds sixteen shillings and ten
pence half penny, and for applying the sum of three thousand and
twenty-one pounds three shillings and eight pence (being the balance in
the general duty fund) making together the sum of sixty-five thousand
one hundred and fifty-six pounds and six pence half penny, for defray-
ing the charges of this Government for one year, ending the twenty-
fourth day of March last, and toward repairing the old and building new
fortifications in this Province, and for other services mentioned in the
schedule to this Act annexed ; and also to enable the Public Treasurer
for the time being to issue certificates, payable out of the Fortification
Fund, for the more immediate repairing and building the said fortifica-
tions : And also for raising and granting to his Majesty the further sum
Ajf thirty-t}u-ee thousand and six hundred pounds runout money, (which
OF SOUTH CAROLINA. 19
with the sum of eight thousand and four hundred pounds, provided for -^- D- 1755.
this service in the schedule aforesaid, is equal to six thousand pounds
sterling,) as the contribution of this Province to a common fund to
be employed pro\T[sionally for the general sei'S'ice in defending his
Majesty's just rights and dominions in North America; and appointing
Commissioners for stamping and signing Public Orders for the more
immediate and expeditious issuing of the said sum of thirty-thi-ee thou-
sand and six hundred pounds; and providing a fund for sinking the said
Public Orders in five years, by a general tax and assessment on tlie
estates, real and personal, of the inhabitants of and others interested in
this Province.
(Passed May 20, 175.5. Omitted.)
AN ORDINANCE impowering the Governour, his Majesty's Coun- jVo 836
CIL, AND THE OTHER PERSONS THEREIN NAMED, TO SETTLE AND REGULATE
THE TRADE TO BE CARRIED ON FROM THE PROVINCE OF SoUTH CARO-
LINA WITH THE Creek Indians.
FORASMUCH as by the latest accounts from the nation of Creek
Indians, the subjects of the French King are incessantly labouring to
seduce those Indians from the British mterest ; and forasmuch as the most
likely means of presei-^ing the friendship of the said Indians, and continu- Preamble,
ing them in amity with this Government, will be to supply them with
British manufactures, and at as cheap and easy rates as can be afforded ;
and forasmuch as it is expected that several of the chiefs or head men of
the said nation will soon be in Charlestown in order to have tlieir trade
settled and the prices of goods reduced ; we therefore humbly pray his
most sacred Majesty that it may be ordained,
I. And be it ordained, by his Excellency James Glen, Esq. Governour-
in-chief of the Province of South Carolina, by and with the advice and
consent of his Majesty's Council and the Commons House of Assembly of
the said Province, and by the authority of the same. That the Governour
or Commander-in-chief of this Province for the time being, and his Ma-
jesty's Council, with the advice and consent of Benjamin Smith Henry ComniissioneM
Middleton, James Michie, John Rattray, Charles Pinckney, junior, George ni;!;.'' cTle wUh
Austm, John Savage, John Guerard, James Skir^ung, David Grame and the Creek
Thomas Lamboll, Esquires, members of the General Assembly, or a ma- "^^'"»-
jority of the said members, shall have power and authority, and they are
hereby fully authorized and impowered, to settle and regulate with the
chiefs or head men of the Creek nation, when they shall come to Charles-
towTi, the trade to be carried on in the said nation by such of the traders
as now have or hereafter shall have licences from this Province to trade
in any part of the said nation; and also to appoint, set and ascertain the a,,^, (^^ the
rate or price, and rates or prices, of all and every article and articles ofpriccs''or "^
goods, wares and merchandize, that shall be carried to the said nation by «' t'^p^.
the traders licenced from this Province; provided, that notliing herein con-
tained shall extend, or be construed to extend, to give any power or autho-
rity for lessening or reducing the present number of traders to the said
nation, licenced from this Province, unless it shall appear absolutely neees- ^'^'"'"'''''' "''
rary for the peace and safety of this Province that the number of the said [fe l.'^'nred '"n-
traders be lessened or reduced, in which case his Excellency the Gover- '*'** '' ^ ^^*""
nour, his Majesty's Council, and the members aforesaid, or a majority of the 1"'"'' "''*''''''*"
20 STATUTES AT LARGE
A. D. I7.)n. said members, are hereby authorized and impowered to lessen and reduce
'■-^^'^''""^-^ the said number, in such manner and upon such terms as shall be by them
thought most proper to answer the pui-poses aforesaid.
II, And be it also ordained by the authority aforesaid, That the commis-
A schedule of sioner of Indian affairs shall be, and he is hereby obliged and required to
prices to be iin- annex a list or schedule of the prices of the g-oods, wares and merchandize
.nexed to each , . , i • i "^ • t t i
licence. ^^ t<^ be appomted, set and ascertamed as aforesaid, to every licence tliat
shall be granted from his said office, for trading in any pait of the said
nation ; and shall also make it an instruction to every trader, to deal,
trade, traffic or barter with the said Indians, according to ihe rates and
prices mentioned and comprised in the said list or schedule ; and the said
commissioner shall also make it part of the condition of the bond entered
into by the trader upon obtaining his licence, that he will deal, trade, traf-
fick or barter with the said Indians confonnably to the said instruction ; and
upon breach of such instmction, the penalty of such bond shall be, and is
hereby declared to be, forfeited ; any law, usage or custom to the contrary
notwithstanding.
III. And be it also ordained, That is case any traders have already ob-
tained licences from the said commissioner for trading in the said nation,
A schedule of he the said commissioner shall send a list or schedule with an instruction
prices to be for- as aforesaid, to all and every such trader and traders, requiring him and them
n-aders alreadv ^^ deal, trade, traffick or barter with the said Indians according to the rates
licenced. and prices mentioned in the said list or schedule as aforesaid ; and in case
any such trader shall disobey such instruction, his bond shall be forfeited,
in like manner as if such instruction had been made part of the condition
thereof; any law, usage or custom to the contrary notwithstanding.
In the Upper House of Assembly, the 23rd day of Septetnber, 1755.
H. BERINGER DE BEAUFAIN.
In the Commons House of Assembly, the 23rd day of September, 1755.
BENJAMIN SMITH, Speaker.
JAMES GLEN.
No. 837. -^N ACT FOR PAYING THK SUM OF ThIRTY FOUNDS STERLING PER ANNUM,
or the vai.uk therfof in the currency of this province, to the
Rectors or Ministers of such of the Parishes in this Province,
AS do not or SHALL NOT RKCEIVE A SaLARY OR MiSSION MONEY FROM
THE Society for propagating thk Gospel in foreign parts, and
PROVIDING SaLARYS FOR SUCH MINISTERS OF THE GoSPEL AS SHALL
preach AND PKRFOM DlVINE SERVICE AT THE CoNGREES AND AT THE
Waterees.
WHEREAS, the society for propagating the gospel in foreign parts,
(whose liberality to the missionarys in this Province is gratefully acknow-
ledged) do not allow salarys to the rectors or ministers who officiate in
Preamble, the parishes that have been lately erected in this Province ; and forasmuch
as the said society may hereafter think proper to reduce or totally discon-
tinue the salarys which they now appoint to their missionarys, we there-
fore humbly pray his most sacred Majesty that it may be enacted.
OF SOUTH CAROLINA. 21
I. And he it enacted, by his Excellency James Glen, Esquire, Governor- A. D. 1756.
in-chief and Captain General in and over the Province of South Carolina, ^-^^■^^'''*'«-^
by and with the advice and consent of his INIajesty's Council, and the £30storliiis
Commons House of Assembly of the said Province, and bv the authority P*" *""'"" to
f 1 T'u .. 11 J .. • ■ . c •'.,., y be pHid to such
oi the same, ihat all and every rector or mmister oi any parish m this minister?
Province, (the parishes of St. Michael and St. Philips Charlestown, excep- "hose salary
ted) who have or hath not received any salary or mission money from the duced except
society for propagating the gospel in foreign parts, or whose salary or m St. Michael
mission money hath been or shall be reduced or totally discontinued |)y 'i"'"^!- Philips,
the said society, shall be paid out of the public treasury of this Province
the sum of thirty pounds sterling per annum, or the value thereof in the
cuiTent money of this Province, over and above the salarys granted to the
clergy by this Government, or so much as after such reduction shall be
equal to thirty pounds sterling.
II. And be it further enacted by the authority aforesaid. That the j)ublic
treasurer of this Province for the time being shall be and he is hereby '''" he paid at
obliged, enjoined and required to pay the said sum of thirty pounds peHods?
sterling per annum, or the value thereof in the current money of this
Province, or such proportion aforesaid, to the said rectors or ministers as
aforesaid, at such times and in like manner, and out of the said fund, as
the salarys of the clergy are paid out of the treasury of this Province ;
any law, usage or custom, to the contrary thereof in any wise notwith-
standing.
III. And whereas, the inhabitants of the Congrees, and the inhabitants
of the Waterees, have never had any minister of the gospel to preach ^_„„
and perform di\dne service among them. Be it therefore further enacted by aimuni'curren-
the authority aforesaid, that the public treasurer of this Province for the ^y Jnoney
time being shall pay to such minister of the gospel of the established |,°inLterlt^the
church as shall statedly preach and perform divine sen-ice at Saxegotha, Conprees, and
or such other centrical place in the Congi-ees as the commissioners here- "^ ""'* n ^°j
r« iinT !•• 1 1 oneatt-rede-
inaiter named shall direct, and six times a year at least, at the most ricksburgh.
populous places within forty miles of the same, the sum of seven hundred
pounds cunent money per annum ; and the like sum of seven hundred
pounds per annum to such minister of the gospel of the established church,
as shall statedly preach and perform divine service at Fredericksburgh,
Pine Tree Creek, or such other centrical part in the Waterees as the
said commissioners shall direct and appoint, and six times a year at least,
at the most populous places within forty miles of the same.
IV. Provided always, and he it further enacted, by the authority afore-
said, That the nomination and appointment of the said ministers respec- Ministers how
tively, shall l)e by any five or more of the church commissioners, to be "o'»'nated.
summoned agreeable to the directions of the church Act, who shall be,
and are hereby, impowered to draw upon the public treasurer for the
salarys given by this Act, half yearly, and the public treasurer shall pay
the same out of the fund appropriated for payment of the salarys of the
clergy in this Province ; any law, usage or custom, to the contrary not-
withstanding.
B. SMITH, Speaker.
In the Council Chamber, the 21th day of January, 1756.
Assented to: JAMES GLEN
STATUTES AT LARGE
No. 838. AN ACT for building a new Church in the Parish of St. Paul
IN Colleton county.
WHEREAS, heretofore the parish of St. John, hi Colleton county,
was part of the parish of St, Paul, at which time the church of St. Paul
was situate in or near the centre of the parish, but by dividing the said
parish, the church noAV is in a comer of the parish, to the great inconve-
nience of the parishoners, who by an humble petition to the General
Assembly, have represented the same and prayed relief therein ; we there-
fore humbly pray his most sacred Majesty that, it may be enacted,
I. And he it enacted, by his Excellency James Glen, Esquire, GoveiTior-
in-chief and Captain General in and over the Province of South Carolina,
by and with the advice and consent of his Majjesty's Council, and the
Commons House of Assembly of the said Province, and by the authority
of the same. That a church shall be built on or near the new glebe land
in the parish of St. Paul, which church, when finished, shall be, and is
hereby declared to be, the parish church of St. Paul, to all intents, con-
structions and pui-jioses whatsoever ; any law, usage or custom, to the
contrary thereof in any wise notwithstanding.
II. And he it further enticted by the authority aforesaid. That John
Postell, Francis Wilkinson and George Somers, Esquires, and Mr. James
Hartley, Mr. Elijah Postell, Mr. Samuel Elliott, Mr. James Ladson, Mr.
Joseph Brailsford and Mr. Francis Yonge, be, and they are hereby appoin-
ted, commissioners for building the said chuixh and setting up pews in the
same ; and they, or any five of them, are hereby fully authorized and
impowered to take subscriptions and sue for the same, and to I'eceive,
gather and collect all such sum and sums of money as any pious and well
disposed person or persons shall give and contribute for the purposes
aforesaid ; and in case of the death, absence or refusing to act of any of
the said commissioners, the remaining commissioners, or any five of them,
shall and may nominate and appoint another person or persons to be
commissioner or commissioners, in the room or place of such person or
persons so dead, absent or refusing to act, as to the said remaining com-
missioners, or any five of them, shall seem meet, and the person or persons
so nominated and appointed shall have the same power and authority for
putting this Act in execution, to all intents and purposes, as the commis-
sioners herein named.
III. And be it further enacted by the authority aforesaid. That the said
commissioners, or any five of them, with the moneys to be collected by
the contributions as aforesaid, shall have power, and they are hereby
authorized, impowered and required, as soon as conveniently may be, to
build the said church and to set up pews in the same, in such manner as
they shall think fit, which pews are hereby required to be made as equal
in space as can be, and shall be disposed of in the manner following, (that
is to say) the persons who shall have contributed most toward building the
church, shall be entitled to and have the first choice of the pews in the
same ; and in cases where it shall happen that several persons have con-
tributed alike, such persons shall draw lots for the choice ; and the said
commissioners, or any five of them, are hereby impowered and required
to convey the said pews to such persons, their heirs and assigns, forever,
OF SOUTH CAROLINA. 23
by an instiument in writing under their hands, to be drawn up for that- A. D. 1756.
purpose. ' ~
B. SMITH, Sjyeaker.
In the Council Chamher, the 21th day of Janvxiry, 1756.
Assented to: JAMES C4LEN.
^.V^CTfok MAKING MORE EFFECTUAL AN Act OF THE General Assembly No. 839.
OF THrs Province, entitled "an Act for Founding and Erecting,
GOVERNING, ORDERING AND VISITING, A FrEE SnHOOL AT THE ToWN
OF Dorchester, in the Parish of St. George, in Berkley county,
FOR the use of the INHABITANTS OF THE PROVINCE OF SoUTH
Carolina."
WHEREAS, the persons appointed commissioners, in and by an 'Act
of the General Assembly of this Province, passed the ninth day of April, Preamble,
one thousand seven hundred and thirty-four, entitled " an Act for found-
ing and erecting, governing, ordering and visiting, a fi-ee school at the
towTi of Dorchester, in the parish of St. George, in Berkley county, for
the use of the inhabitants of the Province of South Carolina," are all
dead, without having any successors appointed, as by the said Act is direct-
ed, whereby the good intent of the said Act hath been in a gi-eat measure
frustrated ; we therefore humbly pray his most sacred Majesty that it may
be enacted,
I. And he it enacted, by his Excellency James Glen, Esquire, GoveiTior-
in-chief and Captain General in and over the Province of South Carolina, ;>;„„, j„atio„ ^f
by and with the advice and consent of his Majesty's Council, and the commissioners.
Commons House of Assembly of the said Province, and by the authority
of the same, That the rector of the said parish for the time being, Henry
Middleton, Walter Izard, Ralph Izard, Daniel Blake, John Ainslie, Esqrs.
Mr. Benjamin Waring, Mr, Richard Waring and Mr. Joseph Waring,
shall be, and they are hereby appointed, commissioners for the purposes
in the said Act mentioned, and invested with the same powers and author-
ities, to all intents, constructions and purposes whatsoever, for carrying
the several matters comprized in the said recited Act into execution, as the
commissioners therein nominated and appointed were invested with.
II. And be it farther enacted by the authority aforesaid, That the com-
missioners herein named, or any five of them, shall meet in the vestry Any five shall
room of the parish church of St. George's Dorchester, on the twenty -third constitute a
day of April next, between the hours of nine and twelve of the clock in ^^j "^i^^,^ o^*
the morning, and then and there make choice of a president, for the year meeting,
ensuing ; and the commissioners hereby appointed, or such as shall at any
time hereafter be appointed, in pursuance of the powers of this or the
said recited Act, or any five of them, shall every year in like manner,
upon the twenty-third day of April, (unless the same shall happen on a
Sunday, and in such case upon the day following) proceed to the choice
of a president ; and the said commissioners, before they begin to act as
such, and the president when choscTi, shall take such oaths as are in the ^l' "^^'^ ^^ ''^
said Act appointed to be taken, wliitb shall be administered by any two
of the commissioners to the others of tln^m respectively, and to the presi-
dent ; and they, or any two of them, an> liereby authorized andimpowered
to administer the same accordingly.
24 STATUTES AT LARGE.
A. I), irfjfi. j"[j j^.f/fi he it further enacted by the authority aforesaid, Tliat if at any
^-'^'~'^''*'*-^ time hereafter the said commissioners shall be reduced by death, resigna-
In case of tiou, refusal to act, or departure from this Province for more than twelve
death, removal months, and the said commissioners shall neu^lect or refuse to choose a
or refusal to . . . . . , '^ -i i i i- ^
Hct, new commissioner or commissioners, m the manner prescribed ana direct-
ed by the said Act, for the space of six months after any such vacancy as
The vestry aud aforesaid, it shall and may be lawful for the vestry and church-wardens of
wardens may '^^^^ ^^^^ parisli to choose a new commissioner or commissioners, to make
choose a new up the number nine ; any thing in the said recited Act contained, to the
coinniLssioner. contrary notwithstanding.
IV. And he it further enacted by the authority aforesaid, That the said
^ . . commissioners shall have iiower, and they are hereby fully authorized and
Commissioners . • i • i i i i
may appoint impowered, to nominate and appoint a school-master, ushers or teachei's,
teachers for the and to Censure, suspend or deprive any of the said masters, ushers or
censure' or teachers, as they, or any five of them, in their discretion shall see fit :
suspend. Provided nevertheless, tliat such nomination and appointment, or censure,
suspension or deprivation, shall not take eftect unless the same respectively
shall be agreed to and resolved upon at a meeting for that purpose to be
appointed, and particularly specified in the summons to be issued by the
to be*'eiven° or*^ president and sers^ed upon each respective commissioner personally, at
left at the place least ten days before such meeting, or left at his most usual place of abode
of abode. with one of his known domestic servants.
V. And he it further enacted by the authority aforesaid. That the school-
, rrn master nominated and appointed in the manner above mentioned, shall
J)rocluuiation have, hold, occupy, possess and enjoy, to him and his lawful successors, all
money. sucli lands as shall, pursuant to the above recited Act, be taken up, pur-
chased, had or received for the use of a school-master for the said school,
to*^usc am?''"^' ^"*^^ ^^^^ school house, dwelling house, out-houses and other buildings
enjoy the thereon ; and also, as a further encouragement, shall have and receive out
Af."^',/'*",'''^ '^'^ ^^^^ public ti-easury of this Pi'ovince the sum of fifty pounds procla-
to the iusthu* niatioii money, or the value thereof in the cuiTent money of this Province,
tion- to be paid him half-yearly by the public treasurer, who is hei'eby author-
ized, required and commanded, punctually to pay the same out of the
fund appropriated fitr payment of the salarys of the clergy, by draughts
to be made for that purpose by the president and any four of the said
commissioners, or their successors.
VI. And he it further enacted by the authority aforesaid. That the
Ten poor school-inaster, ushers and teachers to hb appointed as aforesaid, shall
scholars to he freely and without any manner of fee or reward whatsoever, teach and
taught gratis, instruct ten poor scholars, and as many more as the president and any
four of the said commissioners shall from time to time, according as the
public or school salarys may or shall be hereafter increased, approve of
and judge fit to nominate and appoint.
BENJAMIN SMITH, Speaker.
In the Council Chamber, the 19^/i day of March, 1756. *
Assented to: JAMES GLEN.
No. 840. AN ACT for building a new Church in the Parish of St. John, in
Berkley county.
(Passed March 19, 1756. The original not to be found.)
OF SOUTH CAROLINA.
A.I). l/OC.
AN ACT ESTABLISHING THE ChAFKL ON JaMES IsLANO, IN THE No. bi\ .
Parish of St. Andrew, a Chapel of Ease, and for the due per-
formance OP Divine Worship in the several Chapels of Ease
established by Law in this Province.
WHEREAS, the inhabitants of James Island, in the parish of St.
Andrew, of the estabhshed church, living at a considerable distance from,
the parish church, have erected a chapel for the benefit of having divine
service performed near them, but as the said chapel hath not been estab-
lished by law^ as a chapel of ease, the rector or minister of the said parish
is not obliged to preach and perform divine sei'vice therein ; we therefore
humbly pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency James Glen, Esquii'e, Governor-
in-chief and Captain General in and over the Province of South Carolina,
by and with the advice and consent of his Majesty's Council and the
Commons House of Assembly of the said Province, and by the authority
of the same, That the chapel on James Island, in the parish of St.
Andrew, shall be, and is hereby established, a chapel of ease.
II. And he it further enacted by the authority aforesaid, That the rector
or minister of the said parish of St. Andrew, shall be, and he is hereby
obliged, enjoined and requii-ed to preach and perfonn divine service at
the said chapel of ease every fourth Sunday, provided it happen not upon
Easter Sunday, Whit Sunday or Christmas day, and in such case to preach
on the next Sunday after, and from thence again on every fourth Sunday.
HI. And be it further enacted by the authority aforesaid, That if the
rector or minister of any parish in this Province, who is by law enjoined
and required to perform divine sei'vice and prea(;h in any chapel of ease
in his parish, shall neglect to do the same, in such case the public treasurer
of this Province shall, and he is hereby authorized and required to, deduct
in the next payment by him to be made to such rector or minister, the
sum of ten pounds currency for every Sunday on which such rector or
minister shall neglect to perform divine sei^^dce and preach accordingly,
upon a certificate of such neglect being produced to him, under the hands
of a majority of the vestry and one of the church-wardens of the said
parish ; provided that the said certificate be signed and lodged with the
treasurer within three months flext after the said neglect,
B. SMITH, Speaker.
In the Council Chamber, the 19th day of March, 1756.
Assented to : JAMES GLEN.
AN ACT for making a road across Hilton Head, from Port Royal No. 842.
Inlet to Callibogy Inlet : and a road from the Fording Islands to the
head of Okatee creek, in Granville county, and appointing Commis-
sioners for the said roads.
(Passed March 19, 1756. See last mhmie.)
VOL. IV.— 4.
STATUTES AT LARGE
A^o. 813. AN ACT establishing ferrys over Waccamaw and Peclee rivers, and
vesting the same in the persons therein mentioned, and appointing
and impowering Commissioners for making roads leading to the
said ferrys.
(Passed March 19, 1756. See last rolmne.)
No. 844. AN ACT for cleansing, clearing and making navigable the head of
Ashepoo river, from Ashepoo bridge to the fish pond bridge, and
for cleansing, clearing and making navigable Chechessey creek,
from the mouth of the same to the public landing knovni by the
name of the Chechessey landing, and for appointing Commissioners
for clearing the Horse-shoe creek, in the room of those who are
dead.
(Passed March 19, 1756. See last vohcme.)
No. 845. ^A'^ ORDINANCE for appointing William Middleton, late of
THIS Province, Esquire, Agent to solicit the affairs of the
Inhabitants of this Province in Great Britain.
WHEREAS, it is necessary that an agent be appointed to solicit the
affairs of the inhabitants of this Province in Great Britain ; and whereas,
the General Assembly of this Province have thought William Middleton,
Esq. a proper person to be appointed agent for the said purj^oses ;
I. Be it therefore ordained, by his Excellency James Glen, Esq., Gover-
nor-in-chief and Captain General in and over his Majesty's Province of South
Carolina, by and with the advice and consent of his Majesty's Council
and the Commons House of Assembly of this Province, and by the
authority of the same. That the said William Middleton be, and he is
hereby declared, nominated and appointed, agent to represent, solicit and
transact the affairs of the inhabitants of this Province in Great Britain.
II. And he it fortlier ordained by the authority aforesaid. That the said
William Middleton shall be, and he is hereby, fully authorized and impow-
ered to follow and pursue all such instructions as he shall from time to
time receive from the General Assembly of this Province, or from the
committee hereinafter appointed to correspond with him.
III. And be it further ordained by the authority aforesaid. That the
honorable Edward Fenwicke, William Bull, William Wragg, George
Saxby, James Michie and Othniel Beal, Esquires, of his Majesty's Council,
and the honorable the Speaker of the Commons House of Assembly for
the time being, and such other members of the said House as shall be by
them appointed for that purpose, be, and they or any five of them, (two
of which to be of the Council) are hereby appointed a committee to cor-
respond with the said William Middleton, Esq. and to give him advice
and instructions. as they shall judge for the service of this Province.
IV. And be it further ordained by the authority aforesaid. That there
shall be allowed and paid unto the said William Middleton ihe sum of
two hundred pounds sterling money of Great Britain, per annum, for his
OF SOUTH CAROLINA. 27
services, to commence fiom the time of his receiving notice of his being -^;J^^'^-
hereby appointed agent as aforesaid, besides his reasonable charges and
disbursements on negociating the affairs of this Province.
V. And be it further ordained by the authority aforesaid. That the said
Wilham Middleton shall be and continue agent of the inhabitants of this
Province for the term of one year, to commence from the time aforesaid.
BENJAMIN SMITH, Speaker.
In the Cauncil Chamber, the \9th day of March, 1756.
Assented to: JAMES GLEN.
AN ADDITIONAL ACT to an Act entitled "an Act for preventing Ay,. 846.
as much as may be, accidents which may happen by fire in Charles-
town, in the Province of South Carolina, and for preserving the
Fire Engines in the said town, and for rendering the same as useful
as may be in case of fire."
(Passed March 19, 1756. See last vohaue.)
AN ACT for laying out, making and keeping in repair, a road from No. 817,
Purysburgh to Bee's creek, in Granville county, and for discontinu-
ing such pait of the present high road as leads from Day's creek
to Purysburgh.
(Passed April 12, 1756. See last volume.)
AN ACT TO REVIVE AND CONTINUE THE SEVERAL AcTS OF THE GeNERAL No. 848.
Assembly therein mentioned, and for continuing one of the said
Acts entitled '■'■An Act for the better restraining Seamen from, ahsenting
froin their service, and for encouraging the ajiprehending and securing of
fugitive Seamen, and to discmirage frivolous and vexatious actions at law
being brought by Seamen against masters and commanders of ships and
other vessels,'' and also another of the said Acts for preventing
contagious distempers.
WHEREAS, several wholesome and beneficial temporary laws of this
Province are expired or near expiring; we therefore humbly pray his most Preamble,
sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency James Glen, Esq., Governor-in-
chief and Captain General in and over the Province of South Carolina, by ^ farmer Act
and with the advice and consent of his Majesty's Council and the Commons
House of Assembly of the said Province, and by the authority of the same.
That an Act of the General Assembly of this Province, entitled " An Act
for the better restraining Seamen from absenting from their service, and
for encouraging the apprehending and securing of fusfitive Seamen, and to
discourage frivolous and vexatious actions at law being brought by Seamen
against masters and commanders of ships and other vessels," passed the
23 STATUTES AT LARGE.
A. !>. ;7,)(i. seventeenth day of May, one thousand seven hundred and fifty-one — be,
^-^''^^"'^^ and is hereby declared to be, of full force and virtue for and during and
unto the full end and term of seven years, from and after the passing of
this Act, and from thence to the end of the next session of the General
Assembly, and no longer.
II. And whe/eas, the said Act has not been effectual to discourage such
Suits bv nii.ri- fi"i^f>hjus and vexatious actions, Be it therefore enacted, That every seaman
ners against and mariner who shall be minded to commence any action or suit against
nii\!4t:Ms and jjj^ master or commander of anv shii) or vessel, for any act, matter, cause
commaiiders, ' i /' i ,• • i • i
proc3ediugs or tlimg whatsoever, shall not t>nly nrst shew cause of action, as the said
thereon. Act directs, but shall also give sufficient security by recognizance or other-
wise, to be taken and approved of by the judge or judges, justice or jus-
tices, of the court from whence process is prayed, that the seaman or mariner
who is plaintiff in such suit shall and will prosecute the same to effect ;
and that all such actions and suits as shall be commenced, sued or pros-
ecuted as aforesaid without cause of action shewn and security first given
as re(juired by the said recited and by this present Act, shall be, and they
are hereby declared, null and void to all intents and purposes.
III. And he it further enacted by the authority aforesaid, That another
^.I'T*!''? .^S'* ^^^ entitled " An additional Act to an Act of the General Assembly of this
coiitiinie.l.' Province entitled an Act for preventing as much as may be the sjneading
of contagicjus Distempers, and to revive and continue an Act entitled an
Act for the establishing of a Market in the parish of St. Philip, Charles-
town, and for preventing engrossing, forestalling, regiating and unjust
exactions in the said town ancl market," passed the thirteenth day of June,
one thousand seven hundri'd and forty-seven ; and another Act entitled "An
Act to restrain the exportation of j)rovisions and warlike stores from this
l*rovince, for the lime therein limited," passed the fourteenth day of May,
one thousand seven hundri'd and fifty-five — be, and they are hei-cby de-
clared t(j be, revived, continued and enacted to be of full force and virtue
for and durinof the term of one year from the time of passing this Act, and
from thence to the end of the next session of the General Assembly, and
no longer.
IV. And whereas, the physicians named in the fifth section of the said
No vessel to additional Act are either dead or decline giving attendance upon the occa-
Boirtill'vWi'ted" '^io^^'^ "' ^^^^ ^^id Act required. It is hei-ebij enacted, that no vessel under
b\ H pliyskiaii. the description therein contained shall pass Fort Johnson till one of the
physicians heieinafter named, that is to .say. Doctor Robert Brown, Dr.
Alexander Garden, Dr. David ()li})hant. Dr. George Millegen, Dr. Lionel
Chalmers, Dr. Samuel Came, Dr. .Tolin Munay or Dr. Willitim Murray,
shall have visited such vessel, and have given such certificate as is therein
mentioned.
B. SMITH, Speaker.
In the Coancil Chamher, the VMh day of April, 1756.
Assented to: JAMES GLEN.
No. 849. AN ACT to encourage the making of Flax and Hemp in the
PuoviNCE OF South Carolina.
WHEREAS, no encouragement hath been hitherto given in this Pro-
vince for the making of flax ; and wheieas, the encouragement given for
OF SOUTH CAROLINA. 29
the making of hemp hath proved insufficient for the purpose intended; A.I). 1756.
may it therefore please his most sacred Majesty that it may be enacted, ^~--^"v^^«.^
I. And be it enacted, by his Excellency James Glen, Esq., G overnoi--iii- ^
chief and Captain General in and over the Province of South Carolina, 7i„^i 'nVon!'"'
by and with the advice and consent of his Majesty's Council and the prcmimn for
Commons House of Assembly of the said Province, and by the authority V'*^,"*^'^'''"'
of the same, That for the encouragement of making flax in this Piovince
a premium of twenty shillings proclamation money shall be, and is hereby,
given out of the public treasury of this Province for every hundred pounds
weight of well dressed merchantable flax, reckoning five score to the hun-
dred, and so in proportion for all under and above that- quantity made in
this Province, to be paid to the maker or makers thereof in manner here-
inafter directed.
II. And be it also enacted by the authority aforesaid, That over and
above the premium of eight shillings and four pence jiroclamation money 1,^,"!','"'" °*
per hundred pounds weight, given as an encouragement for the making of
hemp in this Province, by an Act of the General Assembly entitled " An
Act to encourage the making of Hemp," passed the twenty-thiid day of
February, in the ninth year of the reign of his late Majesty King George
the First, a further premium or sum of twenty shillings proclamation
money shall be, and is hereby, given out of the public treasury of this Pro-
vince for every hundred pounds weight of well dressed merchantable hemp,
reckoning five score to the hundred, and so in proportion for all under or
above that quantity made in this Province, to be paid to the maker or
makers thereof in manner hereinafter directed.
III. And he it farther enacted by the authority aforesaid, That George . .
Austin, Frederick Grimke and Robert Pringle, Esijs., and Mr. James inspectors.
Reid and Mr. William Woodrop, shall be, and they are hereby nominated
and appointed, inspectors of such flax and hemji as shall be made in this
Province, and they, or any three of them, shall and may judge and deter-
mine whether the same is of such quality as to be entitled to the preiniums
given by this Act.
IV. And be it also enacted by the authority aforesaid. That the pul)lic
treasurer for the time being shall be, and he is hereby, obliged and recpiired ilie'""""','" J^llf.^'
to pay the said premiums on flax and hemp, respectively, to the maker or cine inspector's
makers thereof, upon his, her or their producing to the said treasurer a '''^"•'^'^'i^^*
certificate from the said inspector's, or any three of them, that oath had
been made l)efore them, (jr some one or other of them, that the maker or
makers of such flax or hem}) had made the quantity comprised in such cer-
tificate, in this Province, and that neither he, she or they, nor any other
person, to his, her or their use, before that time, had received any premium
for the same ; and the said inspectors and every of them are hereby im-
powered to administer such oath accordingly.
V. And be it also eiacted by the authority aforesaid. That this Act
shall continue in force for and during the term of three years from the
time of passing thereof, and no longer.
B. SMITH, Speaker.
In the Council Chamber, the I3th day of A-pril, 1756.
Assented to: JAMES GLEN.
STATUTES AT LARGE
No. 850. AN ACT for lajaiig out, making and keeping in repair a Road from the
bridge commonly called Minnick's bridge, to the 15 miles post on the
road leading from Oiangebnrgh township to Charlestown, and for re-
building the said bridge and keeping the same in repair.
(Passed April 13, 1756. See last volume.)
No. 851. AN ACT for establishing a FeiTy over Santee river, at the place com-
monly called Beard's Ferry, and vesting the same in James Beard, his
executors, administratoi'S and assigns, for the term therein mentioned ;
and applying part of the surplus of the money which was granted for
making the AVateree navigable, toward making a road or causey over the
swamp on Saiitee river, leading to the said ferry ; and appointing commis-
sioners for making and keeping in repair a road from the said feny to the
most convenient part of the road leading from the Congiees to Charlestown.
(Passed April 13, 1756. See last volume.)
No. 852. AN ACT for establishing a Feny from the plantation of Theodore Gail-
lard, on the south side of Santee river, to JNIurray's landing, on the north
side of the river, and vesting the same in the said Theodore Gaillard,
his executors, administrators and assigns, for the term therein mentioned ;
and for cleansing and clearing the creek therein mentioned, for the more
convenient passing the said Ferry.
(Passed April 13, 1756. Sec last volume.)
No. 853. AN ACT for the encouragement of Adam Pedington, in his pro-
jection OF A NEW MACHINE FOR CLEANING RiCE.
WHEREAS, Adam Pedington, of the parish of St. Paul, in Colleton
county, by his humble petition to the General Assembly hath set forth that
he had discovered a new method of cleaning rice, which in all probability
will be very advantageous and beneficial to the inhabitants of this Province,
and prayed that a law may be made for encouraging him therein ; to the
end, therefore, that all due encouragement be given to ingenuity and in-
dustry, when it tends to the public good, we humbly pray his most sacred
Majesty that it may be enacted,
I. A?id be it etiacted, by his Excellency James Glen, Esq., Govemor-
in-chief and Captain General in and over the Pro\4nce of South Carolina,
by and with the advice and consent of his Majesty's Council and the
Commons House of Assembly of the said Province, and by the authority
of the same. That the said Adam Pedington, his heirs, executors, admin-
istrators and assigns, shall, for the term of fourteen years, to commence
from the time of passing this Act, have the sole privilege and advantage of
the said new instrument, machine or engine for the cleaning of rice ; and
if any person or persons whosoever, during the time hereby limited as
OF SOUTH CAROLINA. 31
aforesaid, shall presume to make or use any instrument, machine, engine A.D. ir.x;
or contrivance for the cleaning of rice, according to the projection of the
said Adam Pedington, without a licence in writing first (jbtained, under
the hand and seal of the said Adam Pedington, his heirs, executoi's, admin-
istrators or assigns, he, she or they shall respectively forfeit and pay to the
said Adam Pedington, his heirs, executors, administrators or assigns, the
sum of fifteen pounds proclamation money, or the value thereof in cun-ent
money, for every such instrument, machine, engine or contrivance, made or
to be made within the term aforesaid, without such licence as aforesaid, to
be recovered in any court of record in this Province, by action of debt,
bill, plaint or information, wherein no wager of law, essoign, privilege or
protection, shall be allowed or admitted, nor any more than one imparlance.
Provided, that nothing herein contained shall abridge any person or per-
sons of the liberty of erecting, framing or using, within the term aforesaid,
any machine or engine that is different in principles and construction from
the machine or engine of the said Adam Pedington.
II. Provided, That the said instrument, machine, engine or contrivance,
shall be brought to such perfection by the said Adam Pedington, within
the term of two years from the time of making this Act, as shall be
approved of by Henry Middleton, Frederick Grimke, Walter Izard, John
Postell, James Skirving, James Postell and George Logan, Esqs., and
Thomas Law Elliott and James Hartley, or a majority of them.
B. SMITH, Speaker.
In the Cmivcil Chamher, the IZth of April, 1756.
Assented to : JAMES GLEN.
AN Additionai. act to an Act entitled "An Act for the better regula- N^o. 854.
ting the Port and Hai-bor of Charlestown and the Shipping frequenting
the same."
(Passed April 13, 1756. See last volume.)
XV ACT FOR DISPOSING OF THK AcCADfAXS NOW IN ChARI,ESTOW\, BY No. 855.
SETTtmC ONR FIFTH PART OP THKIR NUMBKK IN THE PARISHES OF St.
Philip and St. Michael, aad the other four parts of them in
thr several other Parishes within this Province.
WHEREAS, it is become highly necessary to disperse into different
parts of the Province the several families of Accadians now in Charles-
town, as well to prevent their doing any mischief, as to avoid the danger Preamble,
of any infectious distemper breaking out amongst them, which may with
too much reason be apprehended from such numbers dwelling in close
and inconvenient habitations at this hot season of the year ; we therefore
most humbly pray his most sacred Majesty that it may be enacted,
1. And he it enacted, by his Excellency William Henry Lyttelton, Esq.,
Governor-in-chief and Captain General in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the authority
3-2
STATUTES AT LARGE
A. D. ir.jG.
Four-fifths of
the Accadians
to be dispersed
among the oth-
er parishes.
Expeiicc to be
borne by a gen-
eral tax.
To he h)eated
h\ the church
wardens and
others appoint-
ed tor tlie pur-
pose.
Their support
and niaintc-
Provision in
case any shall
remain undis-
posed of after
three months.
A list of them
to he made out
and entered.
of the sjinie, Tliat the Guveniui- or Cuinuiuuiler-iu-chief of this I'ru-
viuce fur the time being, shall have power and authority, and he is hereby
fully aiithoi-ized and impowered, with the advice of his Majesty's Council,
to send four fifth parts of the French Accadlans now in Charlestown, in
such manner as he Avith the advice aforesaid shall judge convenient, to the
several other parishes in this Province, regard being had to the number of
white inhabitants living in such parish. '
II. And he it also enacted by the authority aforesaid, That the expence
of sending the said Accadians to the said }>arishes respectively, shall be
bonie and defrayed in the same manner as the other charges of this Gov-
ernment are bonie and defrayed, by a general tcix on the estates real and
personal in this Province.
III. And be it also enacted by the authority aforesaid, That all church
wardens and vestries of the several parishes in this I'rovince respectively,
in their several and respective paj-ishes whither any of the said Accadians
shall be sent as aforesaid, and such other persons as the Governor with the
advice aforesaid shall appoint for that purjjose, shall be, and they and eve-
ry of them are hereby stiictly enjoined and obliged and required to receive
and take charge of such Accadians, and to keep them in such places in the
said parishes respectively, as they, the said church wardens and vestry and
other persons to be appointed as aforesaid, shall judge most convenient for
that purjiose ; provided, that it be with the consent and approbation of the
owner of such place or places ; and shall also provide for the su])p(nt and
maintenance of the said Accadians for the space of three months from the
time of receiving them, at the expence of the public of this Province, un-
less they can be st^oner disjjosed of, Avhich exj)ence shall be assessed and
raised in like manner as the other charges of this Government are assess-
ed and raised ; provided, that the same do not exceed the rate of ten
shillings per head, per week, under pain of forfeiting the sum of five
pounds current money for every Accadian that they, the said church w^ar-
dens and vestry and other persons to be appointed as aforesaid, shall re-
spectively refuse or neglect to take charge of or to support and maintain
as aforesaid, to be sued for and recovered, if above twenty pounds, in
any court of record in this Province, with full costs of suit, by action of
debt, bill, plaint or information, wherein no essoin, privilege, protection or
wager of law, shall be allowed or admitted, iK)r any more than one impar-
lance ; and if twenty pounds or under, to be sued for and recovered
according to the directions of the Act for the trial of small and mean
causes ; the one moiety of which penalty shall be applied towards defray-
ing the expence of maintaining the said Accadians, and the other moiety
to him or them who will infoiTn and sue for the same.
IV. Provided also, and he it further enacted by the authority aforesaid,
That in case there shall be remaining at the expiration of the said three
months, in any of the said parishes, any of the said Accadians who shall
not be then able to labor for their own subsistence, or whom the said
church wardens, vestry and other persons to be appointed as aforesaid,
shall not be able to bind out, such Accadians shall not become a burthen
upon the inhabitants of the parishes respectively where they shall happen
to be, but the expence of supporting and maintaining such Accadians
shall be defrayed by a general tax as aforesaid.
v. And he it further enacted by the authority aforesaid. That when any
of the said Accadians are ordered to be sent to any parish as aforesaid, the
commissary general shall take an exact account of the number, sex, names,
ages and sizes of the said Accadians, and shall enter the same in a book
to be provided for that pui-pose, together with the name of the parish to
OF SOUTH CAROLINA. 33
which they shall be destined, to the intent it may be known to what parisli '^- '*• l^fn;.
they belong ; and in case any of the said Accadians shall leave the parisli "--*''''~>^"*«»^
where they were first sent to and go into any other part of this Province,
it shall and may be lawful for any one of his Majesty's justices of the
peace to send them back to the church wardens and vestry, and other per-
sons to be appointed as aforesaid respectively, in the parish frf)m whence
they came, who shall, and they are hereby obliged and required to receive
them again, under the like penalty as is hereinbefore imposed, and to be
sued for, recovered and applied in like manner as aforesaid.
VI. And be it further enacted by the authority aforesaid. That in case any
of the said Accadians shall refuse to labor with such persons as shall be
willing to provide them with cloths and victuals for their service, then and
in such case it shall and niay be lawful for the church wardens, vestry and
other persons to be appointed as aforesaid, or any of them, and they and eve-
ry of them are hereby authorized and impowered, by a certificate under their ]\j,iv be bound
or any of their hands and seals, to lund the said Accadians or any of them, to '"'t-
such jiersons as may be willing to take them upon such tenns, and for such
time as the said church wardens, vestry and other persons to be appointed
as aforesaid, or any of them, shall think necessary ; provided always, that
no Accadian of the age of eighteen years and upwards, shall by virtue of
this Act be obliged to seiTe for a longer time than three years, nor any
Accadian under the age of eighteen years longer than until he or she
shall arrive at the age of twenty-one years.
VII. And be it further enacted by the authority aforesaid. That the certi-
ficate herein before mentioned shall be in the words and fonii following :
" Those are to certify, that was on the day of ,
" bound to , to serve for the space of years from Fonn of
*' the date hereof, according to the directions of an Act of the General certificate.
" Assembly of the said Province, intitled ' An Act for disposing of the
" Accadians now in Charlestown, by settling one-fifth part of their number
*' in the parishes of St. Philip and St, Michael, and the other four parts of
" them in the several other parishes within this Province ; the said
" to find the said in sufficient meat, drink, cloathing, washing and
" lodging. Given under my hand and seal, this day of ,
" Anno Domini, . A. B. [l. s.]"
For which certificate the said church wardens, vestiy and other persons to
be appointed as aforesaid, shall receive twenty shillings current money, for
every Accadian bound by such certificate, to be paid by the person or per-
sons to whom such Accadian or Accadians shall be bound ; and the said
church wardens, vestry, and other persons, shall enter the name of eve-
ry Accadian and the name of every person to whom they shall be bound,
in a book to be kept for that purpose, that all iier.sons may have recourse (^"^rtifi^ate
._ i -111 1 1 •£• 1111 . 1 voiilable at ni9
to the same ii need be ; provided always, that such certificate shall be void iMajestv's
and of none effect whenever his Majesty's pleasure shall be signified that pleasure.
the said Accadians shall be otherwise disposed of.
VIII. A7id be it farther enacted by the authority aforesaid, That the
certificate aforesaid shall be sufficient to all intents and purposes whatsoev-j^^^'^l^j^j^^U^^j^,
er in law, to bind every such Accadian according to the tenor thereof, and ry on the
shall subject them to all regulations mentioned in an Act for the better Accadian.
governing of white servants, and shall be transferable in as full and ample
manner as if an indenture had been voluntarily executed by the person so
bound by the said church wardens, vestry and other persons so to be ap-
pointed as aforesaid, or any of them.
IX. And be it further eyiacted. by" the authority aforesaid, That the re- Disposal of the
maining one-fifth of the said Accadians, shall be disposed of by the church remaining fifth.
VOL. IV.— 5.
34 STATUTES AT LARGE
A. I), irwi. wardens and vestry of St. Philip's, and other persons to be appointed foi
^~-^''^'"^*^ that purpose as aforesaid, in the same manner and fonn, and to be under
tlie same restrictions and regulations, as are directed to be obsen-ed in dis-
posing of the same in the other parishes of this Province.
X. And be it also enacted by the authority aforesaid. That it shall not be
Arcadians pro- lawful for any of the said Accadians, upon any account or pretence what-
hibite.l trom ever, to make use of any fire-arms or other offensive weapon whatever ;
and in case any person or persons shall find any fire-arms or other offensive
weapon as aforesaid, in the possession of any of the said Accadians, it
shall and may be lawful for such person and persons to seize and take
away such fire-amis or other offensive weapons, and to keep the same to
his and their own proper use ; any law, usage or custom to the contrary
notwithstanding.
B. SMITH, Speaker.
In the Council C/xiniber, (he 6f/f dai/ of July, 1756.
Assetaed to: WILLIAM HENRY LYTTELTON.
No. 8,56. AN ACT for raising and granting to his Majesty the sum of Ninety--
one thousand one hundred and fifty-seven pounds eleven shillings and
three pence three farthings, and for applying two thousand four hun-
dred and seventy-one pounds eighteen shillings and nine pence, being
the balance of several funds in the public treasury of this Province,
making together ninety-three thousand six hundred and twenty-nine
pounds ten shillings and three farthings, for defraying the charges of this
Government for one year, commencing the twenty-fifth day of March,
in the year of our Lord one thousand seven hundred and fifty-five,
inclusive, and ending the twenty-fifth day of March, one thousand
seven hundred and fifty-six, exclusive, and for other sei-vices therein
mentioned.
(Passed July 6, 1756. Omitted.)
No. 857. AN ACT appointing James Wright, Esquire, Agent to solicit thr
AFFAIRS OF THE INHABITANTS OF THIS PROVINCE IN GrEAT BrITAIN.
WHEREAS, William Middleton, Esq., who was, by an ordinance of
the General Assembly, appointed agent to solicit the affairs of the inhabi-
tants of this Province in Great Britain, hath refused to undertake that
service, whereby it is become necessary to appoint some other person
to that oflRce ; and whereas, the General Assembly have thought James
Wright, Esquire, a proper person for that purpose ; we therefore humbly
pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency William Henry Lyttelton, Esq.,
Captain General, Governor, and Commander-in-chief, in and over the
Province of South Carolina, by and with the adWce and consent of his
Majesty's Council, and the Commons House of Assembly of the said Pro-
vince, and by the authority of the same. That the said .lames ^Vright be,
and he is hereby declared, nominated and appointed, Agent, to represent.
OF SOUTH CAROLINA. 35
solicit and transact the affairs of the inhabitants of this Province in Great A. D. 1756.
Britain.
II. Aftd be it also enacted by the authority aforesaid, That the said James
Wright shall be and he is hereby fully authorized and inipowered to follow
and pursue all such instructions as he shall from time to time receive from
the General Assembly of this Province, or from the committee hereinafter
appointed to correspond with him.
III. And be it also enacted by the authority aforesaid, That the Hon-
orable John Cleland, Edward Fenwicke, William Bull, William Wrao^,
George Saxby, James Michie, Othniel Beale and Henry Middleton, Esqs!,
of his Majesty's Council, and the Honorable the Speaker of the Commons
House of Assembly for the time being, and such other members of the
said House as shall be by them appointed for that purpose, and they, or
any five of them, two of which to be of the Council, are hereby appointed
a committee to correspond with the said James Wright, and to give him
such orders and instructions as they shall judge will be for the service of
the said inhabitants.
IV. And be it also enacted by the authority aforesaid. That there
shall be allowed and paid unto the said James Wright the sum of two
hundred poxmds sterling money of Great Britain per annum, for his servi-
ces, to commence from the day of his anival in Great Britain, besides his
reasonable chai'ges and disbursements on negotiating the affairs of the said
inhabitants.
V. And be it also enacted by the authority aforesaid. That the said
James Wright shall be and continue Agent to solicit the affairs of the
inhabitants of this Province for the term of two years, to commence from
the term aforesaid.
BENJAMIN SMITH, Speaker.
In the Council Chamber, the 19th day of November, 1756.
Assented to: WILLIAM HENRY LYTTELTON.
AN ACT DIVIDING THE PaRISH OF PrINCE FREDERICK, IN CrAVEN No. 858.
County, and establishing another Parish in the said County
BY the name of the Parish OF St. Mark, and appointing Com-
missioners FOR BUILDING A ChURCH AND PaRSONAGE HoUSE THEREIN,
AND ASCERTAINING THE NUMBER OF MeMBERS TO REPRESENT THE IN-
HABITANTS OF THE SAID PARISHES RESPECTIVELY IN THE GeNERAL
Assembly of this Province.
WHEREAS, the inhabitants of the upper parts of the parish of Prince
Frederick, in Craven county, by their petition to the Generrd Assembly Preamble,
have represented many inconveniencies they labour under for want of
having the said parish divided, and prayed that a law may be made for
that purpose ; we therefore humbly pray his most sacred Majesty that it
may be enacted,
I. And be it enacted, by his Excellency William Henry Lyttelton, Esq.,
Captain General and Govemor-in-chief in and over the Province of South
Carolina, by and with the advice and consent of hie Majesty's Council and
the Commons House of Assembly of the said Province, and by the author-
ity of the same, That immediately from and after the passing of this Art,
36 STATUTES AT LARGE
A. D.I 757. the parisli uf Prince Fredeiick in Craven county shall be divided into two
^-^'"^^""''*^ parishes, in the following manner, (that is to say) by continuing the north-
The parisli of westermost line of Williamsburgh township to Pedee and Santee rivers ;
kk'd'vd '"d ''i T ^"*^^ ^^^ ^^^^ lands situate to the northward of the said line shall be a dis-
two parishes, tinct parish by itself, separate from the other part of the parish of Prince
Frederick, and shall hereafter be called and known by the name of the
Parish of St. parish of St. Mark ; and the inhabitants of the said parish of St. Mark
shall and may have, use, exercise and enjoy all the rights, privileges and
immunities that the inhabitants of any other parish do or can have, use,
exercise or enjoy, by the laws of this Province.
II. And be it also enacted by the authority aforesaid, That a church
A church and and parsonage house shall be built at such place within the bounds of the
parsonage ^^^^ parish of St. Mark as the maior part of the commissioners hereinafter
house to be i i n i it i "^ i • i i ^ i
established in named shall order and direct, l)y and with tlie consent oi the major part
St. Mark's. of tlie inhabitants (»f the said ])arish of the profession of the Church of
England, who shall contril)ute toward building the same, at a meeting to
be appointed for that puij)ose by the said commissioners.
III. And he it ahn enacted by the authority aforesaid, That the rector
Minister liow ^j. minister of the said parish of St. Mark shall be elected and chosen in
to be chosen , ,^ .. ,, ,, .,
and salaried, t'lf same manner as the rectors f)r ministers ot the several other parishes
and subject to in this Province are elected and chosen, and shall have yearly paid him,
anVrestric^^^**^"'^ ^*' ^^^^ successors forever, the same salary as is appointed for the rector
tious. or minister of any other parish in this Province, (the parishes of St. Philip
and St. Michael excepted) out of the fund appropi'iated or to be appropri-
ated for payment of the salaries of the clergy in this Province ; and the
public treasurer for the time being is hereby authorized and required to
pay the same, undi-r the like penalties and forfeitures as for not paying
the salaries due tf> the other rectors or ministers of the several other par-
ishes in this Province ; and the said rector or minister of the said parish
of St. Mark shall have and enjoy all and every such privileges and advan-
tages, and shall be under such rules, laws and restrictions, as the rectors or
ministers of the other parishes in this Province have and enjoy, or are
subject and liable unto.
IV. And, he it also enacted by the authority aforesaid. That Richard
Comniissioners Richardson and Joseph Cantey, Esqs., Matthew Nelson, Isaac Brunson,
appointed. James M'Girt, William Cantey and John Cantey, be, and they are hereby
appointed, commissioners for building of the church and pews and the par-
sonage house in the said parish of St. Mark ; and they, or the major part
of them, are hereby fully authorized and impowered to take subscriptions,
and to receive, gather, solicit and sue for all such sum and sums of money
as any pious and well disposed person oi persons shall give and contribute
for the purposes aforesaid. And in case of the death, absence or refusing
to act of any of the said commissioners, the churchwardens and vestry of
the said parish of St. Mark for the time being, shall and may nominate
and appoint another person or persons to be commissioner or commission-
ers in the loom or place of such so dead, absent or refusing to act, as to
the said churchwardens and vestry shall seem meet; which commissioner
or commissioners, so to be nominated and appointed, shall have the same
powers and authorities for putting this Act in execution, to all intents and
purposes, as the commissioners herein named.
V. And' he it also enacted by the authority aforesaid, Tliat the pews in
Dippopal ot the said church shall be erected by the direction and appointment of the
le jcwp. ^^j^ commissioners, or the major part of them, which are hereby required
to be made as equal in space as can be, and shall be disposed of in the
manner following, (that is to say) the persons who shall have contributed
OF SOUTH CAROLINA. 37
most towards building the said church shall be entitled to and have the first A. D. 1757.
choice of the pews in the same ; and in cases where it shall happen that
several persons have contributed alike, such persons shall draw lots for the
choice. And the said commissioners, or a majority of them, shall have
power and authority, and they are hereby fully authorized and impowered,
by an insti-ument in writing-, to be drawn up and executed for that pur-
pose, to convey the said pews to the several persons aforesaid, their heirs
and assigns, for ever.
VI. And to prevent any disputes that may arise between the said par- ^^^^^^^^^ „f
ishes conceniing their choosing of members to represent them in the Gen- mpnibcrs of
eral Assembly ."^ Se a enacted by the authority aforesaid, That the inhabi- Assembly,
tants of the parish of Prince Frederick, qualified by law for that purpose,
shall choose and send two members of Assembly, and the inhabitants of
the parish of St. Mark, qualified as aforesaid, shall choose and send two
members of Assembly, and no more ; any law, usage or custom to the
contray thereof in any wise notwithstanding : And that writs for the elec-
ting of members to serve in the General Assembly, for each of the said
panshes, shall be issued in the same manner and at the same times as for
the several other parishes in this Province, according to the directions of
the Act entitled "An Act to ascertain the manner and form of electing mem-
bers to represent the inhabitants of this Province in the Commons House
of Assembly, and to appoint who shall be deemed and adjudged capable
of choosing or being chosen members of the said House."
B. SMITH, Sjyeaker.
In tie Council Chamher, the 21sf day nf May, 1757.
Assented to : WM. HENRY LYTTELTON.
AN ACT for making and keeping in repair a road across the parish of jYo. 859.
St. Paul, from the south to the north boundary thereof, and a bridge
across ihe south branch of Edisto river, and a road and causeway lead-
ing thereto, and appointing commissioners to execute the same.
(Passed May 21, 1757. See last volu?ne.)
AN ACT for incorporating the Winyaw Indico Society. No. 860.
(Passed May 21, 1757. See last volume.)
STA';^UTES AT LARGE
861. -4iV ACT FOR CONTINUING PART OF AN AcT ENTITLED "An Act fuV the
erecting and supporting of a Beacon, near the bar and harbor of Charles-
town, and for placing Buoys on or near the said bar, far the use of ships
and other vessels coming to the port of Charlestoivn ;" and for continu-
ing AND AMENDING ANOTHER AcT COMMONLY CALLED THE GENERAL
Duty Law, for the term therein mentioned; and for supplying
the defects in the execution of another act entitled "an act
for making more effect it al an Act of the General Assemblij of this Prorince,
entitled An Act for founding and erecting, governing, ordering and visiting
a Free School at the town of Dorchester, in the Parish of St. George, in
Berkley count y , for the use of the inhabitants of the Province of South
Carolina.''
WHEREAS, an Act of the Genei-al Assembly of this Province
entitled " An Act for the erecting and snpporting of a beacon near the
bar and haibor of Charlestown, and for placing buoys on or near the said
bar, for the use of ships and other vessels coming to the port of Charles-
town," passed the thirty-first day of May, in the year of our Lord one
thousand seven hundred and fifty, is found by experience to be a wholesome
and beneficial law to the trade and na% igation to and from this Province,
and the said Act is near ex})iring ; we therefore humbly pray his most
sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency A\'illiam Henry Lyttelton, Esq.
Captain General and Governor-in-chief in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the
authority of the same. That the said Act entitled "An Act for the erecting
and supporting of a beacon near the bar and harbor of Charlestown, and
for placing buoys on or near the said bar, for the use of ships and other
vessels coming to the port of Charlestown," passed the thirty-first day of
May, one thousand seven hundred and fifty, except only such part (jr parts
thereof as directs a beacon to be erected on Commyn's Island, be, and it
is hereby continued and enacted to be and remain in fidl force and virtue,
for and during and unto the full end and term of eight years from and
after the passing of this Act, and from thence to the end of the then next
session of the General Assembly, and no longer.
H. And whereas, the several sums of fifteen thousand pounds
heretofore gianted for the building of St. Michael's parish church
in Charlestown, with the additional sum of three thousand five hun-
dred pounds paid for that purpose out of the beacon and pest house
fund, and the sum of twenty-five thousand pounds likewise granted
for the building of a State House in Charlestown, for the service
of this Government, and the animal sums of five thousand pounds also
granted for repairing the old and building new fortifications in this Pro-
vince, are expended or near expended on the said several and respective
buildings and works, and are found insufficient for finishing and compleat-
ing the same : And forasmuch as the inhabitants of this Province have
lately been burdened with very heavy and uncommon charges f^r putting
this Colony into a posture of defence, a.ssisting other of his Majesty's
Colonies, and for preserving friendship with the several Indian nations
contiguous to and in alliance with this Government, and supporting of
OF SOUTH CAROLINA. yy
the govenimeiit of this Province, which charges ckuiiig tlie present war A.I). 17r>7
are more hkely to increase than be (hminished, so that it is now become
necessary so raise the frather sums of thirteen thousand oiw hundred and
fifty-six pounds eighteen shilHngs and ten pence, for compleating the said
church steeple and spire of St. Michael's parish, Charlestown, and also the
sum of twelve thousand and five hundred pounds, for compleating the
said State House, by such ways and means as will be least felt by the
said inhabitants, which it is conceived will be by continuing the taxes on
the purchasers of negroes and other slaves imported, and the duties on
liquors and other goods and merchandize imported from the Biitish plan-
tations in America, and the duties on sundry goods, wares and merchan-
dize exported from this Province, for a further number of years, and
applying part of the said taxes and duties, together with the sum of four
thousand nine hundred and seventy-nine pounds four shillings and eight
pence, now remaining in the treasurer's hands, and being part of the one-
fifth part of the tax imposed on the first purchasers of negroes and other
slaves imported by the general duty law, and since appropriated for the
building a pest house and erecting a beacon, toward the compleating the
said church steeple and spire, and the said State House, and for carrying
on the said fortifications in manner hereinafter mentioned and ascertained :
And whereas, the said general duty law will expire in four years or
thereabouts, unless the same shall be continued. Be if therefort enacted by
the authority aforesaid. That the said general duty law, entitled " An Act
for the better strengthening of this Province by granting to his Majesty
certain taxes and impositions on the purchasers of negroes and other
slaves imported, and for appropiiating the same to the uses therein men-
tioned, and for granting to his Majesty a duty on liquors and other goods
and merchandize, for the uses therein mentioned, and for exempting the
purchasers of negroes and other slaves imported, from payment of the
tax, and the liquors and other goods and merchandize from the duties
imposed by any fonner Act or Acts of the General Assembly of this
Province," passed the fourteenth day of June, in the year of our Lord
one thousand seven hundred and fifty-one, excejit only such part or parts
thereof as hath been altered ah-eady by any subsequent Act or Acts of
the General Assembly of this Province, or shall be altered or amended by
this present Act, be, and it is hereby continued and enacted to be, of full
force and virtue, for and during and unto the full end and term of five
years from and after the fourteenth day of June, which will be in the year
of our Lord one thousand seven hundred and sixty one, and from and
after the said term, to the end of the next session of the General Assem-
bly after, and no longer.
IIL Provided always, and he if furf'her evaeted by the authority afore-
said, That nothing in the said Act contained shall extend or be construed
to extend to impose any duty upon any raw hides imported into this
Province that shall afterwards be re-shipped and exported again out of
the same.
IV. And he it further enacted by the authority aforesaid. That over and
above the said sum of three thousand five hundred pounds, heretofore paid
by the treasurer, .shall be further paid by him out of the monies appropri-
ated for building a pest house and erecting a beacon, unto the commission-
ers for building, finishing and compleating the said parish church steeple
and spire of St. Michael's, Charle-^town, the said sum of four thousand
nine hundred and seventy-nine pounds (i^ie shilling and eight pence, and
that the snme shall be applied by the said commissioners for building of
the said church steeple and spire, for those uses and purposes, and to and
40 STATUTES AT LARGE
A. l>. 1757. for no other use or purpose whatsoever ; any thing in this or any former
^ ' law to the contrary notwithstandhig.
V. And whereas, it has been i()und impracticable and unsafe to build
or erect a beacon either on Sullivan's Island or Commyn's Island, there
being no foundation except sand, and it hath l)een also found that the
spire of the said steeple of the church of St. Michael's parish doth in
a great measure answer the end and purpose of a beacon to vessels commg
on'^this coast, and a pest house being already built and erected on Sulli-
van's Island aforesaid, Be it therefore enacted by the authority aforesaid,
That out of the one-fifth part of the neat sum arising by the said tax
imposed by the said general duty law on the first purchasers of negi'oes^
and other slaves imported, which by an Act of the General Assembly of
this Province entitled "An Act for applying that fifth part of the tax
imposed by the general duty law on the first purchasers of negroes and
other slaves imported, which was applied as a bounty to be given for the
building of ships, and as an encouragement to ship-wrights and caulkers to
become' settlers in this Province, to the uses therein mentioned, and for
building a pest house and erecting a beacon, and for appointing and im-
powering conmiissiouers to execute the same, and to purchase a piece of
land convenient for those purj)oses ; and for purchasing a piece of land
in Charlestown, and for building another powder magazine thereon,"
passed the eleventh day of May, in the year of our Lord one thousand
seven hundred and fifty-four, was appropriated for the building a pest
house and erecting a beacon or land mark, and for purchasing a piece of
land convenient for those purposes, and which hath come into the hands
of the said treasurer since the twenty-ninth day of September last, and
shall hereafter come into his hands by virtue of the said general duty law,
shall be further paid to the said commissioners for building the said church
steeple and spire of St. Michael's parish, Charlesto^yn, to be by them
applied fi)r compleating the said church steeple and spire, and to and for
no other use or puqiose whatsoever, the sum of eight thousand one hun-
dred and seventy-seven pounds fourteen shillings and two pence, which
by an estimate made of the charges of the said building, will be suflScient
to compleat the same.
VI. And he it fortJier enacted by the authority aforesaid, That all
the monies that shall arise or accrue by the continuance of the taxes and
duties laid and imposed by the said general duty law, shall be, and are
hereby, appropriated and applied in the same manner, and to the same
uses and purposes, as by the said Act, and an Act for altering and amend-
ing the said Act, made the seventh day of October, one thousand seven
hundred and fifty-two, are directed and appointed, and to and for no other
use or purpose whatever, except the application of the sum of one thou-
sand and five hundred pounds per annum, for the building of a new
church in Charlestown, and except also the application of the further sum
of two hundred pounds per annum, for the building of a parsonage house
upon part of the old church yard in the said town, which said several
sums of one thousand and five hundred pounds per annum, and two hun-
dred pounds per annum, shall be appropriated and applied in the manner
as hereinbefore and hereinafter is directed ; any thing contained in the
said general duty law notwithstanding.
Vil. And be' it further enacted by the authority aforesaid. That for
supplying monies to can-y on and compleat the building as well of the
said parish church of St. Michael, Chariestown, and the steeple and spire
thereof, as the said State House, the respective commissioners for the time
being, or the nmjor part of them, as occasion shall require, shall make
OF SOUTH CAROLINA. 41
aoplication to the Governor or Commander-in-chief of this Province for
the time being, who is hereby desired, and impowered, upon such appli-
cation, with the advice of his Majesty's Council, to issue his wanant to
the public treasurer for the time being, for the payment of so much money
to the said respective commissioners as may be wanted, not exceeding the
sum of eiffht thousand one hundred and seventy-seven pounds fourteen
shillino-s and two pence, to the said commissioners for building and finish-
ing the said parish church steeple and spire of St. Michael's, Charlestown,
and the sum of twelve thousand five hundred pounds to the said commis-
sioners, for building and finishing the said State House, in the whole,
until the said respective sums of eight thousand one hundred and seventy-
seven pounds fourteen shillings and two pence, and twelve thousand five
hundred pounds, shall be wholly paid out, with directions in the said
warrants respectively, that if there shall not be cash in the fund or funds
hereby appropriated for the said buildings respectively, sufficient to answer
such warrants, and any person or persons who have supplied or shall be
willincr to supply any materials for the uses of the said buildings respec-
tively, or have done or shall be willing to do the workmanship thereof, and
is or are content to stay for payment until the said fund or funds shall be
in cash, to answer his or their demands, then and in such case the said
public treasurer shall give a certificate or certificates to the person or
persons employed by the said commissioners respectively, or furnishing
any materials for the said respective buildings, for the sum or sums to them
respectively due, or for such part thereof as the said persons shall require,
not less than ten pounds, which certificate shall be countersigned by two
at least of the said commissioners respectively, who shall keep an account
of the same : and that the person or persons which shall be possessed of
such certificates may not be kept out of his or their money, as soon as any
monies of the said taxes and duties hereby appropriated shall come into
the hands of the said treasurer, he is hereby strictly enjoined and required
to give public notice thereof by advertisements posted up in the most
conspicuous places in Charlestown, that the possessor or possessors of
such certificates may bring in the same and receive the money due thereon ;
and the said treasurer shall cancel such certificate or certificates so brought
in as soon as he shall receive them.
VIII. Aftd be it further enac Led by the authority aforesaid. That what-
ever surplus shall be remaining of the said one-fifth part of the tax
imposed on the first purchasers of negroes and other slaves imported, after
paying the sum of eight thousand one hundred and seventy-seven pounda
fourteen shillings and two pence for finishing St. Michael's church as
aforesaid, and of the duties on the commodities "enumerated in the said
general duty law, after paying the several demands and outgoings by the
said Act and this present Act directed, every such surplus shall be care-
fully retained by the public treasurer until appropriated by the General
Assembly.
IX. And whereas, a sufficient number of the commissioners appointed
by an Act of the General Assembly of this Province, passed the nine-
teenth day of March, in the year of our Lord one thousand seven hundred
and fifty-six, entitled " An Act for making more effectual an Act of the
General Assembly of this Province entitled an Act for founding and
erecting, governing, ordering and visiting a free school at the town of
Dorchester, in the parish of St. George, in Berkley county, for the use of
the inhabitants of the Province of South Carolina," through sickness or
other unavoidable accident, did not meet at the time and place limited in
the said Act, whereby they are appointed, and proceed to the choice of a.
VOL. IV.— 6.
A. D. 1767.
STATUTES AT LARGE.
President, according to the direction of the same, whereby doubts have
arisen wliether the said commissioners may lawfully meet at any other
time and proceed to the election of a president and the execution of the
several powers and authorities with which they are invested by the said
recited Acts ; for the obviating and clearing which doubts, Be it enacted by
the authority aforesaid, That it shall and may be lawful for the commis-
sioners appointed by the said Act, passed the nineteenth day of March
aforesaid, and such others who shall hereafter be appointed commissioners
according to the direction thereof, or any five of them, to meet in the
vestry room of the parish of St. George, Dorchester, on the twenty-second
day of June next after the passing of this Act, or within ten days there-
after, and proceed to the choice of a president, and in all respects to put
in execution and cany on the several powers and authorities, matters and
things, comprised in the said recited Acts, as fully and effectually, to all
intents and purposes, as if the said commissioners had met and proceeded
agreeably to the directions of the said Act of the nineteenth of March
aforesaid.
X. And that the like question may not be made hereafter, in regard to
the meeting of the said commissioners, or such others as shall be appointed
pursuant to the said Acts, Be it further enacted by the authority aforesaid,
That in case a sufficient number of the said commissioners shall not at
any time hereafter meet at the church aforesaid, on the particular day or
days mentioned in the said Act of the nineteenth of March aforesaid, for
carrying on the several matters and things contained in the same, and in
the said Act therein recited, it shall be lawfvl for any two of the said
commissioners who shall meet at such time or times, to adjourn the board
of commissioners from day to day, until a board shall be made by the
said commissioners or any five of them, and that the said commissioners,
or any five of them, who shall meet according to such adjournment, at the
parish church aforesaid, may then and there proceed in and carry on the
several matters and things comprized in the said recited Acts, in the same
manner and as fully and effectually as if they had met at the time for that
purpose limited in the said Act, passed the nineteenth of March aforesaid.
B. SMITH, Spealer.
Tn the Council CJianiber, the 2\st. day of Mai/, 1757.
Assented to: WILLIAM HENRY LYTTELTON.
No. 862. AN ACT to impower certain Commissioners therein mentioned, to
keep clean and in good repair the Streets of Charlestown.
(Passed May 21, 1757. iS^^ last volume.)
No, 863. AN ACT TO .\ppoiNT and establish new Lists of Jurymen, to bb
DRAWN BY ballot IN THIS PROVINCE.
WHEREAS, no lists of jurymen to serve as jurors at the several courts
p , J of record established by law in this Province, have been appointed since
the fourth day of May, in the year of our Lord one thousand seven hun-
dred and fifty-one, whereby the number now remaining on the jury lists
OF SOUTH CAROLINA. 43
are not sufficient for the service; we therefore humbly pray his most A. D. 1757.
sacred Majesty that it may be enacted, s.^'-v^n*^
I. And be it eyiacted, by'his Excellency William Henry Lyttelton, Esq.,
Captain General and Govemor-in-chief in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council,
and the Commons House of Assembly of the said Province, and by the
authority of the same, That the several persons whose names are in the ^^ person to
several lists or schedules hereunto annexed (and no other person or per- serve as juror
sons whosoever) shall be drawn by ballot, impannelled, summoned and 5'/J|,,eS°^,''t,,o
oblio-ed to serve as jurymen at the several courts of record by law estab- several lists,
lished in this Province, and in such manner and form as directed and pre-
scribed by the laws of this Province, (that is to say) that the several persons
whose names are inserted in the first schedule or list hereunto annexed,
entitled a Ust of sfrand jurymen, shall be drawn by ballot, impannelled, ^ , ,
, T , T T 11 J • • t »i t i>lo b? dravvu
summoned and obliged to serve on all grand juries at the court ot ^^. b^Uot.
general sessions of the peace, oyer and terminer, assize and general goal
delivery, to be holden in Charlestown. And the several persons whose
names are inserted in the second schedule or list hereunto annexed, enti-
tled a list of petit jurymen, shall be drawn by ballot, impannelled, sum-
moned and obliged to serve on all juries and inquests whatsoever, at any
of the courts of record that shall at any time hereafter be holden in Charles-
town aforesaid. And the several persons whose names are insei'ted in the
third schedule or list hereunto annexed, entitled a list of special jurymen,
being inhabitants of the parishes of St. Philip or St. Michael, shall be
drawn by ballot, impannelled, summoned and obliged to serve on all juries
and inquests at the courts of general sessions of the peace, oyer and ter-
miner, assize and general goal delivery, and courts of common pleas, and
all forcible entries, and at all special courts for transient persons, (and at
no other courts whatever,) hereafter to be holden in this Province ; any
law, usage or custom to the contrary thereof in any wise notwithstanding,
II. And be it further enacted by the authority aforesaid, That the chief
justice, public treasurer, and coroner of Berkley county, shall, within ten Mode of draw-
days next after the passing of this. Act, take out of the jury box and bum mg junes.
or otherwise destroy the pieces of paper whereon the names of the per-,
sons formerly appointed by law to serve as jurymen are written, and shall
Within the time aforesaid cause to be written on other small pieces of pa-
per, of an equal size and bigness, the names of all the persons hereby
appointed to serve as jurymen, with the parish in which each person doth
live and reside, and having first diligently compared them with the list or
schedule hereto annexed, shall cause them to be put in the same or some
other box or chest to be prepared for that purpose, with six divisions or
partitions made therein, and the number of each division marked upon
the cover of the same, obsei-\'ing the method following : that is to say, the
names of all the persons contained in the schedule or list hereunto annex-
ed, entitled a list of grand jurymen, shall be put into the division of the
said box numbered one ; and the names of all the persons contained in the
schedule or list hereunto annexed, entitled a list of petty jurymen, shall be
put in the division of the said box numbered three ; and the names of all
the persons contained in the schedule or list hereunto annexed, entitled a
list of special jurymen, shall be put into the division of the said box num-,
bered five.
III. And be it further enacted by the authority aforesaid, That ^be (jfp^^,^,,
persons hereby appointed to serve on juries shall be drawn accordiiig to exemptrd.
the method prescribed by the laws now of force in this Province, and shall
be subject and liable to all the duties, pains and penalties \\'hich are
44 STATUTES AT LARGE
A. D. 1757. enjoined and inflicted on jurymen by the said laws. Provided always, that
^-^"^^"''^ nothing in this Act contained shall be construed, deemed or taken to oblige
any person or persons who heretofore have been, now are, or hereafter
shall be members of his Majesty's council, judges or assistant judges in any
of the courts of this Province, or members of the Assembly, and oflicers
of any of the courts of justice, during the time they shall be members,
and during their continuance in such offices, or any person or persons ex-
es empted by the laws and statutes of Great Britain, or by any law of this
allo^wed.^^" Province, to serve as jurymen ; or to debar or preclude any person or
persons from challenging or excepting against any juror or jurors, where
by the laws of Great Britain he or they might have been admitted so to do ;
challenges to the an-ay, in respect of partiality, affinity or consanguinity
of the Provost Marshal, excepted.
(The lists of names of the Jurors is omitted.)
B. SMITH, Speaker.
In the Council Chamber, the 21st day of Mai/, 1757.
Assented to: WM. HENRY LYTTELTON.
JVb. 864. AN OPlDINA \CE ap!'oi\ting a Comptroller of the Country
DUTII.S FOR THE PoRT OF GEORGETOWN, WlNVAW.
WHEREAS, Mr. Thomas Hassell, the late coinptroller of the country
duties for the i)ort of Georgetown, Winyaw, is deceased, and it is neces-
sary that same other fit person should be appointed in his room ;
I. Be it therefore ordained, by his Excellency William Henry Lyttelton,
Esq., Captain General and G-overnor-in-chief in and over the Province of
South Carolina, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of the said Province, and by
the authority of the same, That Thomas Blythe, Esq. be, and he shall and is
hereby declared and ordained to be, comptroller of the countiy duties for
the port of Georgetown, Winyaw, to all intents and purposes whatsoever,
and that he have°and receive all the fees, perquisites and emoluments to
the said office appertaining or belonging,
B. SMITH, Speaker.
In the Council Chamber, the 21st day of May, 1757.
Assented to : WM. HENRY LYTTELTON.
OF SOUTH CAROLINA. 45
A. D. 1757.
AN ACT for raising and granting to his Majesty the sum of one hundred No. 865.
thousand four hundred and thirty-one pounds thirteen shillings and ten
pence half penny, and for applying thirteen thousand one hundred and
eight pounds eleven shillings and nine pence (being the surplus of taxes
and the balance of several funds in the public treasury of this Province)
making together the sum of one hundred and thirteen thousand five
hundred and forty pounds five shillings and seven pence half penny, for
defraying the charges of this Govenmient for one year, commencing
the tw^enty-fifth day of March, in the year of our Lord one thousand
seven hundred and fifty-six, inclusive, and ending the twenty-fifth day of
March, one thousand seven hundred and fifty-seven, exclusive ; and for
other sei-vices therein mentioned.
(Passed May 21, 1757. Omitted.)
AN ACT granting to his Majesty an aid of one hundred and sixty thou- No. 866.
sand pounds current money, to defray the expense of raising, cloathing
and maintaining for one year a regiment, to consist of seven companies
of soldiers, each to be composed of one hundred men, besides officers,
five of vv'hich companies to be employed as well in the immediate de-
fence of South Carolina as in the general service of North America,
and the other two companies to be employed wholly in the service of
this Government ; and to discharge the arrears due to the Provincials
ganisoned at Fort Loudoun, and to pay for six months provisions for
the said Provincials ; and granting his Majesty the further sum of forty-
four thousand three hundred pounds, for fortifying Charlestown and
repairing and strengthening of Fort .Johnson; and for stamping orders
for the more expeditious issuing of the said sums, together with the
further sum of twenty-five thousand pounds, heretofore granted to his
Majesty for the use of the fortifications, and providing funds to call in
and sink the said orders, within the times therein limited.
(Passed July 6, 1757. Omitted.)
AN ORDINANCE appointing Morton Brailsford, Esq. Contholleu No. 867.
OF THE Country Duties in the Province of South Carolina, the
Ports op Georgetown, Winyaw, and Bjiaufort, Port Royal,
excepted.
WHEREAS, Samuel Bowman, Esq., late controller of the country
duties in this Pi-ovince, is deceased ;
L Be it therefore ordained, by his Excellency William Henry Lyttelton,
Esq., Governor-in-chief and Captain General in and over the Province
South Carolina, by and with the advice and consent of his Majesty's Coun-
cil and the Commons House of Assembly of the said Province, and by the
authority of the same. That Morton Brailsford shall be, and he is hereby
nominated and appointed, controller of the country duties in the Province
of South Carohna, the ports of Georgetown, Winyaw, and Beaufort, Port
Royal, excepted ; and that he shall have and receive the salary and all
46 STATUTES AT LARGE
A.D. 17J7. fees and perquisites to the said office belonging or in any wise appertain-
ing ; and shall be first sworn before any one of his Majesty's justices •
of the peace in this Province, who is hereby impowered and required to
administer such oath, well, truly and faithfully to execute and discharge
the said office ; and shall enter into bond to his Majesty, his heirs and suc-
cessors, for the use of this Province, in the penalty of one hundred pounds
proclamation money, for the faithful execution of the said office, with a
duplicate of the same, one of which shall be lodged in the Secretary's
office of this Province, and the other with the Speaker or Clerk of the
Commons House of Assembly, for the time being,
B. SMITH, Speaker.
In the Cotmcil Chamber, the 23rd day of November, 1757,
As.w?ited to: WM. HENRY LYTTELTON,
No. 868. -^^^ ACT TO RF.VIVE AND CONTINUR SEVRHAT- AcTS AND CLAUSES OF AcTS
OF THE (lENERAL AsSKMBLY OP THIS PkOVINCK, A^D FOK AMENDING
SOME OF THE SAID AcTS, IN THE MANNER THIOREIN MENTIONin),
WHEREAS, several wholesome and beneficial temporary laws of
Preamble ^^^^ Province are expired, or near expiring, and it is found necessary
to revive and continue the same, as well as to amend some of the said
laws ; we therefore humbly pray his most sacred Majesty that it may be
enacted,
I. And be it enacted, by his Excellency William Henry Lyttelton, Esq.,
Captain General and Governor-in-chief in and over his Majesty's Pro-
vince of South Carolin-a, by and with the advice and consent of his Majes-
ty's Council and the Commons House of Assembly of this Province, and
by the authority of the same. That an Act intitled " An Act for the better
regulating the militia of this Province, and for repealing the former Acts
for regulating the militia, and for repealing an Act intitled ' An Act for
the fui'ther security and better defence of this Province," passed the thir-
teenth day of June in the year of our Lord one thousand seven hundred
and forty-seven ; and also for amending in the said Act for the better
regulating of the militia of this Province, contained in an Act intitled
" An Act for reviving and continuing several Acts of the General Assem-
bly of this Province therein mentioned, and amending one of the said Acts
intitled ' An Act for the better regulating the militia of this Province, and
for repealing the former Acts for regulating the militia,' " and for repeal-
ing an Act intitled " An Act for the further security and better de-
fence of this Province," passed the fourteenth day of May, in the year
of our Lord one thousand seven hundred and fifty-five, be it further
enacted by the authority aforesaid. That the militia in Charlestown be
trained, mustered and exercised eight times in the year during the
continuance of the present war, in such manner, and under such regu-
lations and penalties as are prescribed by the said Act, any law, cus-
tom or usage to the contraiy notwithstanding ; and also one other Act
intitled " An Act to regulate the price and assize of bread," passed
the sixteenth day of March, in the year of our Lord one thousand seven
hundred and forty-nine ; and also another Act intitled " An Act for regu-
lating the making of dams and banks for reserving water, where the same
may affect the properties of other persons," passed the fwenty-ninth day
OF SOUTH CAROLINA. 47
of May, in the year of our Lord one thousand seven hundred and forty- A. D. 1757.
four ; and also another Act intitled " An Act for the establishing of a
market in the parish of St. Philip, Charlestown, and for preventing en-
grossing, forestalling, regrating and unjust exactions in the said town and
market," passed the eleventh day of Apnl in the year f)f our Lord one
thousand seven hundred and thirty-nine ; and also another Act intitled
" An Act for making more useful Fort Johnson and Fort Frederick, and
the several lookouts that now are or shall hereafter be kept or established
near any of the inlets in this Province," passed the fifth day of April, in
the year of our Lord one thousand seven hundred and forty ; and also
another Act intitled " An Act for rendering and making the' office of a
constable more easy and less expensive to the person appointed," passed
the eight day of March, one thousand seven hundred and forty-one ; and
also an Act intitled " An additional Act to an Act i'ntitled ' an Act for the
better regulating taverns and punch houses,' " passed the eighth day of
March, one thousand seven hundred and forty-one, except the latter part
of the eleventh paragraph, for applying the monies arising by tavern licen-
ces, which instead of paying the watch and guard in Charlestown, or any
other use or uses whatsoever, shall, and is hereby enacted to be, hence-
forward appropriated and applied to and for such uses and puiposes as
the General Assembly of this Province may from time to time direct and
appoint ; provided, and be it enacted by the authority aforesaid, that the
Governor or Commander-in-chief of this Province, for the time being,
with the advice and consent of his Majesty's Council, may limit the num-
ber of tavern licences to be granted in this Province, whenever it shall be
necessary ; any thing in the said additional Act to the contrary notwith-
standing: and also another Act intitled "An Act to prevent frauds and
deceits in selling rice, pitch, tar, rosin, tui-pentine, beef, pork, shingles,
staves and fire-wood, and to regulate the weighing the several commodites
and merchandize in this Province," passed the seventeenth day of June,
in the year of our Lord one thousand seven hundred and forty-six ; and
also another Act intitled " An Act for the better establishing and regulat-
ing of patrols in this Province," passed the seventeenth day of June, in
the year of our Lord one thousand seven hundred and foity-six ; and also
one other Act intitled " An Act for licenceing hawkers and pedlars and
petty chapman, and to prevent their trading with indented servants, over-
seers, negroes and other slaves," passed the eleventh day of March, in the
year of our Lord one thousand seven hundred and thirty-seven ; and also
one other Act intitled "An Act concerning masters and apprentices,"
passed the twenty-eighth day of February, in the year of our Lord one
thousand seven hundred and forty ; and also one other Act intitled " An
Act for the better security of this Province against the insurrections and
other wicked attempts of negroes and other slaves," passed the seventh
day of May, in the year of our Lord one thousand seven hundx-ed and
forty-three ; and also one other Act intitled " An Act for the better order-
ing and governing negroes and other slaves in this Province," passed the
tenth day of May, in the year of our Lord one thousand seven hundred
and forty, except such parts of the last above mentioned Act as were re-
pealed, altered or amended by a subsequent Act intitled " An Act to
prevent the inveigling, stealing and carrying away negroes and other slaves
in this Province, and to prevent the ca»Tying away of schooners or petty-
augers, and also for repealing so much of an Act intitled ' An Act for the
better ordering and governing negroes and othi^r slaves in this Province, as
relates to the time within which such offenders that are apprehended shall be
tned, and giving the justices and freeholders a power to postpone the trial
4» ' STATUTES AT LARGE
A. I). 17")". of such offenders,' " passed the eleventh day of May, in the year of our
Lord one thousand seven hundred and fifty-four ; and by another Act in-
titled "An additional and explanatory Act to an Act of the General As-
sembly of this Province intitled ' An Act for the better ordering and
governing negioes and other slaves in this Province,' and for continuing
such part of the said Act as is not altered or amended by this present Act,
for the term therein mentioned," passed the seventeenth day of May, in the
year of our Lord one thousand seven hundred and fifty-one ; and also the
said additional and explanatory Act last above mentioned ; and also one
other Act intitled " An Act for appropriating the dutys imposed by law
on goods, wares and merchandize impc^rted into and exported out of the
port of Beaufort, Port Royal, for the term therein mentioned, towards
building and keeping in repair a pilot boat or boats, to attend the bar of
the harbour of the said })ort, and for the Ijetter settling and regulating the
pilotage of the said harbour, and for appointing a comptroller and receiver
of the country dutys for the said port, and for obliging all ships and other
vessels, trading to the said port, to ])ay powder money," passed the six-
teenth day of May, in the year of our Lord one thousand seven hundred
and fifty-two, except such parts of the sixth paragraph of the said Act,
last above mentioned, as relate to the appointment of Charles Purry, as
comptroller, and Samuel Hurst, as receiver of the country dutys, for the
said port of Beaufort, both of which persons are deceased and others have
been appointed in the said places ; and also such part of one other Act
intitled " An Act for appointing commissioners to lay out a road or causey
over Lpich's island, situate on Santee river, and for establishing the
ferries therein mentioned," passed the eleventh day of March, in the
year of our Lord one thousand seven hundred and thirty-seven, as relates
to the several ferrys which are established by the said Act ; and also one
other Act entitled " An Act for amending an Act intitled ' An additional
and explanatory Act to an Act intitled an Act to impower the seve-
ral commissioners of the high roads, private paths, bridges, creeks,
causeys, and cleansing of water passages in this Province of South Caro-
lina, to alter and lay out the same for the more direct and better convenience
of the inhabitants thereof,' " passed the seventeenth day of May, in the
year of our Lord one thousand seven hundred and fifty-one, except such
parts of the same as were repealed, altered or amended in and by
two other subsequent Acts, passed the eleventh day of May, in the year of
our Lord one thousand seven hundred and fifty-four, the one entitled " An
Act for ascertaining the district for cutting, cleansing and keeping in re-
pair the creek or cut commonly called the Hawl-Over," and the other
intitled " An Act appointing commissioners for repairing and keeping in
rejiair the bridge nver Combahee river, from the causey to the town of
Radnor, and commissioners for re-building and keeping in repair the bridge
over Wappoo Creek in the parish of St. Andrew, and declaring the said
bridge and Hooper's bridge in the said parish of St. AndreAv, to be paiish
bridges, and appointing commissioners for the said bridge" — be, and are
hereby declared to be, revived, continued and enacted, to be of full force
and virtue for and during and unto the full end and term of five years
from and after the passing of this Act, and from thence to the end of
the next session of the General Assembly, and no longer.
II. And whereas. Fort Frederick is gone to decay, and a new fort
has been lately constructed near Beaufort, which is known by the name
of Fort Lyttelton, Be if therefore enacted, That every boat or vessel shall
conform to the same rules and directions when passing Fort Lyttelton,
which are prescribed in and by the said account, to be conformed to
OF SOUTH CAROLINA. 49
wlien passing Fort Frederick ; and the commanding officer of Fort L)t- A.L>. 1758.
tekon, for the time being, is hereby fully invested with the same powers '-^^^^^'^^^^
and authoritys respecting the discharge of his duty as the commanding
officer of Fort Frederick, aforesaid, in and by the said Act intitled " An
Act for making more useful Fort Johnson and Fort Frederick," &:c. was
formerly invested with.
III. And he it further enacted by the authority aforesaid. That one other
Act of the General Assembly of this Province, intitled " An Act to en-
courage the making of Hax and hemp, in the Province of South Carolina,"
passed the 13th day of April, in the year of our Lord one thousand seven
hundred and fifty-six, be, and is hereby revived and continued for three
years from and after the pa.ssing of this Act ; except only such part of the
said Act as gives a prenrium of twenty shillings proclamation money, for
every hundred pounds weight of well dressed merchantable hemp, in Hqu
of which bounty shall henceforth be paid only six shillings for every
hundred pounds weight of such hemp as aforesaid.
B. SMITH, Speaker.
[This Act contains no authentication by the Governor, and no date exce])t by ?onie per-
son who has been employed in arranging tlie Acts and has put the date on the outside. It is
probably the copy of an Act not now to be found. — Editor.]
AN Additional ACT to the Acts for the better relief of the ^y^ 869.
Poor of this Province.
WHEREAS, by an Act for the better relief of the poor of this Pro-
vince, made the twelfth day of December, one thousand seven hundred
and twelve, amongst other things it is enacted, That once in a year, at Preamble,
any time within two months after Easter, it shall and may be lawful for
the respective vestry of each parish to order three sober and discreet per-
sons to assess such sum as shall be necessary to reimburse the church war-
dens and overseers of the poor, the money they have expended the
preceding year for the relief of the poor, and also twenty pounds over,
to remain as a fund in the hands of the church wardens and overseers of
the poor, for the relief of the poor for the ensuing year ; which sum of
twenty pounds being found insufficient for the purpose, another Act was
made the eighteenth day of December, one thousand seven hundred and
thirteen, entitled " An Additional Act to an Act entitled ' An Act for the
better relief of the poor of this Province,' " whereby it is enacted that it
shall be lawful for the^estry of St. Philip's, Charlestown, once in the
year, at any time within two months after Easter, to order such sum to be
assessed, according to the above recited Act, as shall be necessary to reim-
burse the churchwardens and overseers the money they have expended
the preceding year for the relief of the poor, and also any further sum,
not exceeding seventy pounds over, to remain as a fund in the hands of
the churchwardens and overseers of the poor, for the relief of the poor
for the year ensuing ; and whereas, by reason of the great number of poor
who are always in Charlestown, the said sum of seventy pounds is not a fund
near sufficient for relief of the said poor the ensuing year, but that a much
larger sum is requisite for the same ; we therefore humbly pray his most
sacred Majesty that it may be enacted,
VOL. IV.— 7.
50 STATUTES AT LARGE
A. D. 1758. |_ ififi f,^ jf (..fiacted, by his Excellency William Henry Lyttelton, Esq.,
^-^""^^"^•^ C'aptain General and Govemor-in-chief in and over the Province of South
Carolina, by and vi^ith the advice and consent of his Majesty's Council and
Further assess- ^^^ Commons House of Assembly of the said Province, and by the authority
meiu allowed. ^^ ^^^^ same, That it shall be law-ful for the vestry of the parish of St.
Philip, Charlestovvn, at such times as they shall order an assessment to be
made, pursuant to the directions of the Act first above recited, for reim-
busing the churchwardens and overseers the money by them expended the
preceding year, also to order to be assessed any further sum, not exceed-
ing the value of two hundred ])0unds proclamation money over, to remain
as a fund in the hands of the churchwardens and overseers of the poor, for
relief of the poor of the pai-ishes of St. Philip and St. INIichael, Charles-
town, for the year ensuing ; any thing in either of the above recited Acts
contained to the contrary thereof in any wise notwithstanding.
^ n. And whereas, the penalties inflicted by the said recited Acts on the
penalties. churchwardens and overseers of the poor are so small that the persons
appointed woidd rather pay the same than undertake the service. Be it
therefore further enacted, by the authority aforesaid, That any person
chosen and appointed to be a churchwarden or overseer of the poor in any
parish in this Province, who shall refuse to serve in either of the said
offices, instead of the penalties inflicted by any fonner Act, shall forfeit
the simi of ten pounds proclamation money, two thirds of which forfeit-
ure shall be paid into the hands of the churchwardens or overseers of the
poor of the parish where the offence shall be committed, to be disposed of
toward the relief of the poor, and the other third to him or them who will
inform and sue for the same, by action of debt, bill, plaint or information,
in any court of record in this Province, wherein no essoin, privilege, pro-
tection or wager of law shall be allowed or admitted, nor any more than
one imparlance. Provided always, that no person shall be obliged to pay
the said forfeiture, or be liable to sen-e in either of the said offices, oftener
than once in seven years ; any usage or custom to the contrary notwith-
standing.
B. SMITH, Sjyeaher.
In the Council Chamher, the X'dth day of May, 1758.
Assented to: WM. HENRY LYTTELTON.
No. 870. AN ACT establishing a Road lately laid out from Tippicut Law Old
Field, in St. John's Parish, to Murray's ferry road, in St. Stephen's
Parish, and for discontinuing such part of Murray's ferry road as is
therein mentioned.
(Passed May 19, 1758. See last volume.)
No, 87L AN ACT for estabUshing a Feriy from Hooping Island to Boone's
Island, and to open a communication from thence to the high road
on Edisto Island.
(Passed May 19, 1758. See last volume.)
OF SOUTH CAROLINA. 51
A. D. 1758.
AN ACT IMPOWERING Magistrates to enmst Vagrants in the No. 872.
South Carolina Regiment.
WHEREAS, an Act was made the sixth da^ of July, in the thirty-first
year of his present Majesty's reign, for raising a regiment in the pay of
this Government of South Carolina, to consist of seven hundred men,
besides officers, which regiment is far from being compleated ; and where- pj.g^,j,j^,g^
as, the impowering of magistrates to enlist vagrants will tend not only to
the speedy compleating of the said regiment, but may render such
vagrants (who at present are but burthensome and injurious to the indus-
trious inhabitants) beneficial to the community, in defending the Province ;
we therefore humbly pray his most sacred Majesty that it may be enacted,
I. And he it enacted, by his Excellency William Henry Lyttelton, Esq.
Captain General and Governor-in-chief in and (jver the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the Who are
authority of the same, That all idle, lewd, disorderly men, who have no v^^grants.
habitations or settled place of abode, or no visible way or means of main-
taining themselves, all sturdy beggars, and all strolling or straggling per-
sons, shall be, and they are hereby deemed and declared to be, vagrants,
and as such shall be liable to be enlisted and serve in the South Carolina
reo-iment, in the manner hereinafter directed and appointed.
II. And be it also enacted by the authority aforesaid. That within
one month after the passing of this Act, all persons whosoever having a All persons
warrant under the hand and seal of any justice of the peace for that pur- l»;i;;»S "^f-
pose, provided that such justice is not an othcer m his Majesty s army, apprehend
shall have power and authority, and they are hereby fully authorized and vagrants,
impowered, to apprehend and take up any such vagrant in any part of this
Province, and to cany him forthwith to the next justice (jf the peace, to
be dealt with in the manner hereinafter directed.
III. Aiid be it also enacted by the authority aforesaid. That every justice
of the peace in this Province, not being an officer in his Majesty's army, Justices^of
shall be obliged, and he is hereby enjoined and required, upon receiving P'^^'jfJ'^Yrrant
information of any vagrant being in his county, forthwith to issue his war- to apprehend
rant, directed to any lawful constable, or to any other person in the absence ^ vagrant,
of the constable, requiring him to apprehend such vagrant, and to carry
him before such justice or any other justice of the peace of the same
county ; and the constable to whom such warrant shall be directed, in-
other person in the absence of the constable, shall be, and he is hereby,
obliged and required to execute the same.
IV. And he It also enacted by the authority aforesaid, That when any ^^^^^,^^^^^^^^^^
vagrant (apprehended upon a wairant as aforesaid) shdl be brought ^'t-fore j.^'^JI'^jJ^J^j'J,'^.^ J^' "*
any justice of the peace, he shall immediately summon two neighboring constitute a
ft-eeholders, who are hereby required to attend such justice f^^rtliwith, court for deci-
which justice and freeholders so assembled shall examine into the matter, grants, who are
and if they, or any two of them, shall be of opinion that such person so to serve three
brought before them is a vagrant, within the intent and meaning of this •^^^•■^•
Act, "they shall forthwith deliver such vagrant to the nearest recruiting
officer of the South Carolina regiment, with a certificate tlcreof under the
hands of such justice and one or both of the said freeholders ; ancl such
recruiting officer shall cause such vagiant to be lirought with the said cer-
tificate, as soon as conveniently may be, before the chief justice or any
52 STATUTES AT LARGE
A.D. 175f!. two justices of the quorum in Charlestown, who shall re-examine the
'"-^''"*'"^*-^ matter, and if he shall appear to be a vagi'ant as aforesaid, the said chief
justice or justices of the quorum shall declare him to be enlisted as a pri-
vate soldier in the said regiment, and not before, and his pay shall com-
mence from the day he was first taken up, and he shall be liable to serve
three years in the said regiment, if the same shall be so long continued.
V. Afid he it also enacted, That the chief justice or justices of the quo-
Fees, rum shall have a fee of thnty shillings current money for every vagrant
they shall enlist, and the constable or other person who shall take up a
vagrant as aforesaid, shall be paid the sum of seven shillings and six pence,
with the accustomed fee of mileage, which, with the charges of conveying
such vagrant to Charlestown, shall be defrayed out of the monies provided
for paying the said regiment.
VI. And he it aho enacted, by the authority aforesaid, That this Act shall
A public Act. ^g^ ^^^ jg hereby declared to be, a public Act, of which all courts of judi-
cature in this Province are to take notice without special pleading.
B. SMITH, Sj^eaker.
In the Council C/iamhcr, the I9th day of May, 1758,
Assented to: WILLIAM HENRY LYTTELTON.
No. 873. AN ORDINANCE to appoint Mr. Henry Bedon Country Waiter
FOR THE Port of Charlestown.
WHEREAS, Henry Kennan, who was foi-merly appointed country
waiter for the port of Charlestown, is removed into the country, and it is
necessary that the person who enjoys that office should reside in the said
town ;
I. Be it therefore ordained, by his Ecellxency William Henry Lyttelton,
Esq., Captain General and Governor- in-chief in and over the Province of
South Carolina, by and with the advice ;md consent of his Majesty's Council
and the Commons House of Assen:lily of the said Province, and by the
authority of the same. That INIr. Henry Bedon be, and he is hereby ap-
pointed, country waiter for the port of Charlestown, in the room of the
said Henry Kennan ; and the said Henry Bedon shall have the same pow-
ers and authorities, and shall be entitled unto, receive and take the same
fees and perquisites in the execution of his said office, and shall be sub-
ject and liable to the like penalties and forfeitures for neglect of duty, as
former country waiters for the port of Charlestown have been entitled
unto, taken and received, and are subject and liable unto ; and the said
Henry Bedon shall receive a salary of one hundred pounds per annum,
currency, to be paid him yearly by the public treasurer, out of the duties
arising on spirituous liquors and other goods and merchandizes imported
into and exported out of the said port of Charlestown.
BENJAMIN SMITH, Speaker.
In the Comicil Chamber, the 19ih day of May, 1758.
Assented to: WM. HENRY LYTTELTON.
OF SOUTH CAROLINA. 53
A.n.irr,!!.
[The Editor has, for some years back, omitted the substance of the lengthy annual tax and
approjinatiou Acts, where the subject matter and the clauses wore so similar as to afford little
variation and no information. It seems proper to resume the insertion of these Tax Acts for a
few more years, as examples of this class of Acts, at renewed intervals.]
AN ACT FOR RAISING AND GRANTING TO HIS MajESTV THE SUM OF Ji^r^ 374
ONE HUNDRED AND SIXTY-SIX THOUSAND FOUR HUNDRED AND THIRTY-
EIGHT POUNDS FOURTEEN SHILLINGS AND SEVEN PENCE FARTHING, AND
APPLYING EIGHT THOUSAND AND SIXTY-NINE POUNDS THREE SHILLINGS
AND SIX PENCE (bEING THE SURPLUS OF TAXES AND BALANCE OF A FUND
in the public treasury,) making together one hundred and
seventy-four thousand five hundred and seven pounds eighteen
shillings and one penny farthing, to defray the charges of this
Government from the twenty-fifth day of Marah, one thou-
sand SEVEN hundred AND FIFTY-SEVEN, TO THE TWENTY-FOURTH DAY
OF March, one thousand seven hundred and fifty-eight, and for
OTHER services THEREIN MENTIONED.
WHEREAS, by a schedule made of tlie charges of this Government
for the year ending the twenty-fourth day of March, one thousand seven
hundred and fifty-eight, and for other services in the said schedule men-
tioned, it appears that the sum of one hundred and seventy-four thousand Preamble,
five hundred and seven pounds eighteen shillings and one penny farthing,
will be wanting for those pui-]30ses, for defraying whereof we, his Majesty^s
most dutiful and loyal subjects the Commons House of Assembly of this
Province, have cheerfully given and granted, and do hereby give and
grant unto his most sacred Majesty, the said sum of one hundred and
seventy-four thousand five hundred and seven pounds eighteen shillings
and one penny farthing, to be raised, levied and applied in the manner and
to the uses, intents and purposes in this Act hereafter specified, men-
tioned, limited and appointed, and for no other use, intent or purpose
whatsoever ; we therefore hinnbly pray his most sacred Majesty that it
may be enacted,
I. And be it enacf.ed, by his Excellency William Henry Lyttelton, Esq.,
Captain General and Governor-in-chief in and over the Province of South
Cai-olina, by and with the advice and consent of his Majesty's Council,
and the Commons House of Assembly of the said Province, and by the
authority of the same. That a tax or sum of one hundred and sixty-six ^^'^^^ *° f^^
thousand four hundred and thirty-eight pounds fourteen shillings and seven £166,438° 14s.
pence farthing, cuiTent money of South Carolina, be imposed and levied 'di, to be
on the several inhabitants and others interested in this Province, in the '^^*^^"
manner hereinafter mentioned ; that is to say, the sum of thirty-five thou-
sand four hundred and fifty pounds fourteen shillings and two pence three
farthings, part thereof, on the inhabitants of the parishes of St. Philip and
St. Michael ; and the suin of one hundred and thirty thousand nine hun-
dred and eighty-eight pounds and four pence half penny, residue thereof,
on the several inhabitants of this Province without the said parishes ; Whole sum
which said sum of one hundred and sixty-six thousand four hundred and apP'fpriated,
thirty-eight pounds fourteen shihings and seven pence farthing, with the ^d.^'^°^'^^^'
sum of eight thousand and sixty-nine pounds three shillings and sixpence,
(the surplus of tax and balance of a fund in the treasury) making too-ether
^i STATUTES AT LARGE.
A. D. 1758. one hundred and seventy-four thousand five hundred and seven pounds
^-^'"■^'"^^ eighteen shillings and one penny farthing, shall be applied to the use of
his Majesty for the support of this Government, in manner as is herein-
after mentioned.
II. And for the more certain and effectual levying the said sum of one
Distribution of ^^^"^^^"sd and sixty-six thousand four hundred and thirty-eight pounds foui'-
taxatiou. teen shillings and seven pence farthing, It is hcrehy enacted and declared.
That the sum of thirty-six shillings, cuiTent money, per head, shall be lev-
ied on all negroes and other slaves whatsoever within the limits of this
Province ; and the sum of thirty-six shillings per hundred acres on all
lands throughout the said Province (town lots without the limits of Charles-
town excepted) ; and the sum of eighteen shillings on every hundred
pounds of monies at interest in this Province ; and at the rate of four per
centum on all monies arising from annuities ; and the sum of thirty-six
shillings per head on all free negroes, mulattoes and mustees, from ten to
sixty years of age, who pay no other part of the taxes imposed by this
Act ; and the sum of two shillings and six pence per head on black cattle,
(that is to say) upon all calves, exceeding thirty in number, raised, marked,
branded or sold by any person in one year. Provided, that nothing herein
contained shall be extended to oblige the new settlers in any part of this
Province to the payment of any part of the said tax for their lands granted
to them of his Majesty's bounty, who shall make oath before the collector
of the tax in the respective paiish where such new settler resides, that he
settled himself in this Province upon the encouragement given by this
Government, and hath not I'esided ten years in this Province; but such
new settlers shall pay tax for their slaves, monies at interest, and black
cattle as aforesaid, as other inhabitants do ; any thing herein contained to
the contrary in any wise notwithstanding.
III. And be it also enacted by the authority aforesaid. That all persons
Taxables to whoever, living out of the limits of the parishes of St. Philip and St.
render an Michael, who are possessed of any lands, slaves, black cattle as aforesaid,
account on oath yj. monies for which they receive interest, in this Province, (lands whereon
any churches or other buildings for divine worship, or for free schools, are
erected or built, and all slaves appurtenant to or going with such churches
or lands, and all monies appropriated for charitable uses, always excepted)
either in their own right or in the right of any other person, or are liable
to pay any tax by virtue of this Act, shall, on or before the first Tuesday
in January next ensuing, render a particular account thereof in writing,
upon oath or affirmation, and in what parish the said lands and slaves do
lie, to the best of his or her knowledge, to the inquirers and collectors for
the several parishes and places respectively where the person who is to
render such account does live and reside, at such time and place as the
said inquirers and collectors, or any of them, shall direct or appoint for the
doing thereof, so that the same be done on or before the said first Tuesday
in .January next; which oath or affliTnation shall be in the following words,
to wit, "I, A B, do swear (or affirm, as the case shall be) that the account
wliich I now give in Is a just and true account of all the lands and slaves,
monies I have upon bond or other specialty, or note bearing interest, (which
I believe to be good) over and above what I pay interest for, and annuities,
which I am possessed of, interested in or entitled unto, either in my
own right or in the right of any other person or persons whosoever,
as guardian, executor, attorney, agent or trustee, or in any other man-
ner whatever; and also of all the black cattle, (that is to say) calves
which I have raised, branded, marked or sold, exceeding thirty in number,
within twelve months last past, either belonging to myself or to any other
OF SOUTH CAROLINA. 55
person or persons as afoi'esaid, according to the best of my knowledge or A. D. 1758.
belief"; and this I declaie \vitht)nt any equivocation or mental reservation ^-^^^v^^fc-^
whatsoever : So help me God." Which oath or affirmation the several
incjuirers and collectors appointed by this Act are hereby fully authorized,
impowered, enjoined and required to administer.
IV. And be it also enacted by the authority aforesaid, That all and
every person and persons whosoever, , shall be obliged to make return of j^^^ ^ j ^
his or her lands, slaves and monies at interest in the country, over and be proct eded
above what he or she pays interest for, and of his or her annuities and^g^ii'ist.
black cattle as aforesaid, to the inquirers and collectors for the parish or
district respectively where such person lives or resides, and pay the taxes
thereon to the said inquirers and collectors accordingly ; and the in(|uirers
and collectors of all and every the parishes and districts in this Province
'respectively, shall be, and they are herel)y, fully authorized and impowered
to issue executions against all and every person and persons in their
respective districts, who have not paid their just proportion of the prece-
ding tax.
V. And whereas, there are divers tracts of land, slaves, black cattle
as aforesaid, and monies at interest, in this Province, held, owned or claim- f^*^^"'""'^^!*"^
trustees 01
ed by persons not resident here, who pay no tax or other charge toward non residents
the support of the govenmient of this Province, Be it therefore enacted ^o make mimna
by the authority aforesaid. That all attomies or trustees of or for any
person or persons living without the limits of this Province, shall make
due and true I'eturn to the respective in(|uirers and collectors of the parish
or distinct where such attorney or trustee lives or resides, of all lands,
slaves, black cattle as aforesaid, and monies at interest, belonging to such
absent persons, for whom they are attornies or trustees ; and that such
attomies and trustees shall be subject and lial)le to pay the tax to become
due by virtue of this Act, for such land, slaves, black cattle or monies at
interest, out of his and their own proper estate, notwithstanding such
attorney or trustee may I'eiiounce or disclaim acting as such, before the jr„<jtges re-
said tax is levied, unless such attoraey shall make oath before the said nouncing and
collectors respectively, that he hath bona fide renounced his power and ""esumnig.
attorneyship before the payment of the said tax becomes due, without
having done it only with an intention to avoid the payment of the said
tax ; provided always, that if such attorney shall, within one year next
after such oath made, again become attorney or trustee for such absent
person, or act as such, every such attorney shall be liable to pay the said
tax as is herein before directed, any thing herein to the contrary notwith-
standing ; and for levying whereof the same remedies shall lie and are
hereby given as for levying the tax to become due by virtue of this Act,
on the proper estate of such attorney or trustee ; or the intpiirers and col-
lectors of the several parishes respectively where any lands lie which are
held or owned by any person or persons not resident in this Province, or
the public treasurer for the time being, shall be, and they are, and he is
hereby, authorized and impowered, directed and required, to sell and dis-
pose of any timber, liglitwood or other wood thereon, standing, growing j."|^"J,1^^j.g ^^
or being, to the amount or value of the tax such lands are liable to pay by levy on the
virtue of this Act, or to let to farm all or any part or parcel of such lands, ^""H"'^ of non-
without impeachment of waste, to any person or persons whosoever, for
any term or time not exceeding seven years, till the rents arising thereby
shall be sufficient to j^ay the said tax, and the taxes to be imposed on such
lands during the said term, at the election of such inquirers or collectors,
or the public treasurer, unless any person shall tender and pay the tax
money for such lands before such leases shall be made ; and all and every
56 STATUTES AT LARGE
A. n. 17:^8. riale of such tiniLer, lightwuutl or other Avooil, and leases of such lands, as
^-'^v-"*-^ aforesaid, shall be, and they are hereby declared, good and valid to all
intents and purposes whatsoever, any law, statute, usage or custom to the
contrary thereof in any wise notwithstanding.
VI. And be if also enacted by the authority aforesaid, That in case
any tract or tracts of land shall be found by the incjuirers or collectors to
per" »nf to be"* belong to any person or persons living or residing out of the limits of this
rated. Province, and who have no attoniey or attornies, trustee or trustees, legally
constituted in this Province, that then and in such case the inijuirers,
assessors or colle(;tors shall be, and they are hereby, authorized and requir-
ed to charge the said lands rateably and proportionably, according to the
quantity of acres, and as if the same were in the actual possession of
some person or persons living or residing within this Province, and lorth-
with to publish and give notice of such tlieir charge and assessment in the
Gazette, or by writing fixed at the church door of the parish where such
lands are situate ; and in case the sum or sums of money with which such
lands shall be so charged as aforesaid, and the lawful interest thereof from
the time of the assessment made, shall not be paid to the inquirers, asses-
sors or collectors, or to the public treasurer or receiver of this Province,
wdthin two years next after notice sliall have been given as aforesaid, that
then such lands shall be forfeited to his Majesty, and shall be deemed and
taken as vacant lands ; any law, statute, usage or custom, to the contrary
thereof in any wise noUvithstanding.
VII. And be it enacted by the authority aforesaid. That the several
Noniinution of peisons hereafter named shall be inquirers, assessors and collectors for
inmiireVs ami the several parishes and districts hereinafter mentioned respectively, viz.
collectors. f^^. ^j^^ parish of Christ Church, John Fowler and William Cleland ; for
the parish of St. James Goose Creek, Benjamin Smith, William Withers
and Charles Cidleton ; for the parish of St. John m Berkley county,^
Samuel Bonneau, James Ravenell and Gabriel Marion ; for the parish of
St. George Dorchester, Robert Dymes, Hugh Dowse and Hugh Grange ;
for the parish of St. Thomas and St. Dennis, Benjamin Marion, Noah
Dutarque and William Saunders ; for the parish (jf St. Andrew, (James
Island excepted) Richard Lake and John Ernest Poyas ; for that part of
the said parish called James Island, Pringle Hamilton and Benjamin Stone ;
for the parish of St. John, in Colleton county, viz. foy John's Island,
Thomas Hunscomb and John Stanyarne, (son of John) ; for Wadmelaw
Island, Charles Bowler; for Edisto Island, William Maxwell; for the
parish of St. Paul, (that is to say) for Stono and the East side of Pon Pon,
Joseph Edings, Joseph Stanyarne, jr. and Samuel Spry ; and for Beach
Hill, in the said parish, David Stephens and John Vanmarinhoff ; for the
parish of St. Bartholomew, Tobias Ford and Gideon Diipont ; for Combee
and Chehaw, in the said parish, Henry Hyrne, jr. and Samuel Lavington ;
for the parish of St. James Santee, Richard Withers and Francis
Dechamp ; for the parish of St. Stephen, Thomas Cooper and Isaac
Dubose ; for the parish of Prince George, Winyaw, Archibald Johnston,
John Govan and John Green ; and for the Welch Tract, Samuel Butler ;
for the parish of Prince Frederick, James Crockett, John Anderson and
Francis Lessene ; for the parish of St. Mark, John Picking and Matthew
Nelson ; for the parish of St. Helena, Port Royal, Francis Stuart, W^m.
Hazzard and \Villiam W^aite ; for the parish of St. Peter, Purrysburgh,
Elijah Brabant ; for the parish of Prince William, Andrew Deveaux and
Benjamin Garden ; for the town and township of New Windsor, upon
Savanna river, and parts adjacent, Ulric Tobler ; for the township of
Ameha and adjacent places, William Seawright; and for Orangeburgh,
OF SOUTH CAROLINA. 57
with the forks of Edisto river and the adjacent places, Gavon Pou ; for A. D. 1758.
the township of Saxe Gotha and the forks between the Congree and ^-^'~^^^'^*^
Wateree rivers and adjacent places, John Leslie, John Lee, John Ken-
nelly and Isaac Pennington.
VIII. A/td be it also enacted by the authority afijresaid. That Archibald
Stobo, Robert Mackenzie and John Holmes, merchanc, be and they are
hereby appointed inquirers for the parishes of St. Philip and St. Michael ;
and that Charles Stevenson, William Scott, Charles (J)gilvie, VVilliam
Dandridge and John Jones, be and they are hereby appointed assessors
and collectors for the said paiishes of St. Philip and St. Michael.
IX. And he it also enacted, l)y the authority afcnesaid, That all persons
whoever, living without the limits of the parishes of St. Philip and St. '^"''"*^ of settle-
Michael, who are possessed of any lands, slaves, monies at interest, annu- i„ym fo^ taxa-
ities or black cattle as aforesaid in this Province, in their own right or in ble; , inquirers
the right of others, or are any wise liable to pay tax by virtue of this Act, ""'^ collectors,
shall pay in their taxes to the several persons hereby appointed to receive
the same, on or before the first Tuesday in March next ensuing, or within
ten days then next after at farthest, and the collectors shall give a receipt,
if required, to the person paying the same, such person writing such
receipt, at which time the said inquirers, assessors and collectors for the
several parishes j'espectively within this Province, shall close their accounts
and shall deliver the same on oath, to the pulilic treasurer for the time
being, who is hereby impowered and required to administer such oath, and
pay him all such monies as shall be by them respectively received in
pursuance of the directions of this Act, without any deduction for com-
missions or any other pretence whatsoever, on or before the last Tuesday
in March next ensuing ; and the inquirers, assessors and collectors
for each parish or district, shall make their return of each district respec-
tively to the said treasurer, at one and the same time ; and the said inquirers
and collectors for each parish or district, without the limits of St. Philip
and St. Michael, shall give an account in writing upon oath as aforesaid,
of their own lands and slaves, monies at interest, annuities and black
cattle as aforesaid, after the manner aforesaid, to the said treasurer, and
pay him the taxes thereon, according to the rater, by this Act appointed.
X. And be it also enacted by the authority aforesaid, That if any
person or persons, in oi'ivins: in or renderina: his or her account of monies at "^^^l^y °"
interest, annuities, lands, slaves or black cattle as aforesaid, shall wilfully
conceal any part tliereof, all such persons shall forfeit five times the value
of the tax for what they so conceal.
XL And be it also enacted by the authority aforesaid. That any
person neglecting or refusing to give in his, her or their account of monies Defaulters who
at interest, annuities, lands, slaves or black cattle as aforesaid, to the f° "?l'",*;nl^^'^
inquirers, assessors and collectors aioresaid respectively, at such time and
place as they shall appoint, or by the last Tuesday in January next at
farthest, he or they shall be deemed a defaulter or defaulters, and shall be
by the inquirers and collectors doubly taxed for all his, hei- or their money
at interest, annuities, lands, slaves and black cattle as aforesaid.
XII. And whereas, divers persons living without the limits of the
parishes of St. Philip and St. Michael, are possessed of divers houses. Non-resident
town lots, wharfs and tracts of land within the same. Be it therefore enacted ^^Q^^^yi^^town.
by the authority aforesaid, That all such persons shall be rated for such
houses, lots, wharfs and tracts of land as if they were actually resident in
Charlestown ; and all town lots and the improvements thereon, within the
limits of Charlestown plat, and wharfs in or adjoining thereto, and tracts
or lots of land within the parish of St. Philip, shall be rated a( the discre-
VOL. TV.--S.
58 STATUTES AT LARGE
A.D. 175f). tion of the assessors in Charlestown ; and the tenants living upon any
such lots or tracts of land, shall be and they are hereby obliged, required
and made liable to pay the tax for such lots or tracts of land, and shall
and may discount the same out of the rents due or to grow due for the
said lots or tracts of land.
XIII. A/id be it also enacted by the authority aforesaid, That the inquirers
Inquirers to for Charlestown are hereby ordered and dn-ectedto go once to the several
in Charlestown houses of the inhabitants of the said j^arishes of St. Philip and St.
in person. Michael, of which they shall give previous notice in the Gazette, at least
a week before they g<i to the houses of the said inhabitants, and to inqviire
into and take an account of all the real estates, and particularly in what
parts of the said town the several lots of land are situate, and of the slaves,
annuities, monies at interest and black cattle as aforesaid, of the said
inhabitants, which they shall be possessed of, interested in or entitled unto,
either in their own right or in the right of any other person whatsoever,
lying or being in the said parishes, and of all the lands, slaves and black
cattle -as aforesaid, which the inhabitants of the said parishes are possessed
of, in their own right or in the right of any other person without the limits
of the same, or in any other part of the Province, and the account of the
real estates, slaves, black cattle as aforesaid, monies at interest and annui-
ties of the said inhaljitants, shall be returned to the said inquirers upon
oath, in the manner hereinbefore directed ; and the said inquirers shall
Time when make and finish their inquiry, and return the same to the assessors hereby
niade"bv th'e^^ appointed for the said parishes, on or before the third Tuesday in January
inquirers. next ; and the inquirers shall likewise extract and certify to the said
assessors, all the lands, slaves and black cattle as aforesaid, given in to
them by the owners and inhabitants of the said parishes, without the
limits of the said parishes of St. Philip and St. Michael, and also the
annuities and monies at interest which shall be retumed to them by any
inhabitant of the said town, in trust for persons living in the country ; and
all lands, slaves and black cattle as aforesaid, without the limits of the said
parishes of St. Philip and St. Michael, annuities and monies at interest,
retunjed in trust for persons li\-ing in the country, shall be reckoned as
part of the country tax : Provided always nevertheless, that nothing
Goods held on hereinbefore contained shall extend or be construed to extend to give the
consignment by said assessors any power or authority to rate or assess any goods, wares
factors not tax- ^ merchandize consigned immediately to any merchants or factors in this
for charitable Province, to dispose of as factors only, or any lands, houses or monies set
uses. apart for pious or charitable uses ; and it is hereby declared that the
several slaves belonging to the inhabitants of the said parishes of St.
Philip and St. Michael, which have for six months last past been employed
in the said parishes, shall be reckoned and accounted as part of the tax
to be levied on the said inhabitants, and that all and every their lands,
slaves and black cattle as aforesaid, without the limits of the said parishes,
or in any other part of this Province, shall be reckoned and accounted as
part of the country tax.
XIV. And he it further enacted by the authority aforesaid. That as well
Physicians and Store keepers as practitioners in physic and surgeiy living in the country,
Surgeons to ^\y^^\\ -^ rated by the inquirers, assessors and collectors in the several
^Yoo of profits, parishes where they live, for their stock in trade and the profits of their
professions, after the rate of eighteen shillings for every hundred pounds
upon the full value of such profits ; and the monies arising thereby, as
>vell as the tax imposed on persons having monies at interest, and annui-
ties as aforesaid, without the limits of the said parishes of St. Philip and
;St, Michael, shall be paid to the collectors respectively, and be deemed
OF SOUTH CAROLINA. 59
as part of the country tax ; and in such parishes vvliere one of tlie inciuir- A. D. 1,58.
ers, assessors and collectors shall happen to be a store-keeper, the other ^-^^'^"*^
inquirer, assessor and collector shall be, and is hereby impowered to
assess such store-keeper in the same proportion as other store-keepers are
assessed at.
XV. And he it also enacted by the authority aforesaid, Thar the assessors
and collectors for the parishes of St. Philip and St. Michael, shall assess »j;^^^««;°^«^f«r^
the lands upon Charlestown neck in St. Philip's parish, and the town lots, charlestown.
wharfs and buildings in Charlestown, according to the full value ; and like-
wise the profits of trades, factorage, faculties and professions, (the clergy
excepted) and every person's stock in trade, (that is to say) wares, mer-
chandize, bonds, other specialties or notes not bearing interest, and book
debts of persons in trade, shop-keepers and others, according to the full
value of what they shall judge such profits of trades and stock in ti-ade as
aforesaid shall amount to, and shall assess and levy the sum of eighteen
shillings upon every hundred pounds value of the said lands, buildings,
wharfs and profits of trades and stock in trade as aforesaid, according to
the estimate by them made of the value of the same.
XVI. And he it also enacted by the authority aforesaid. That every
person, as well those who pay tax in Charlestown, as store-keepers and Appeal given
others in the country, who shall have reason to believe he or she is over- *^° P^j"""""^ °^^'
rated, or whose attorney or attoruies shall have reason to believe that he
or she is over-rated fi)r\he profits of his or her trade, employment, factor-
age, faculty, or pix)fession, or fi)r his or her stock, or houses and lands, by
such assessors, shall have five days public notice given by the assessors or
collectors, at the guard house in Charlestown, or at any other public place
in the country, for that purpose, to swear off' so much as he, she or they,
or his or their attorney or attoruies shall think they are over-rated, before
the said assessors or collectors as aforesaid ; and the said assessors or col-
lectors, or any one of them, are hereby impowered to administer such oath
and to allow of an abatement accordingly.
XVII. A?id be it also enacted by the authority aforesaid. That the as-
sessors and collectors for Charlestown, upon receiving the return from the ^^^^J^^o^^®
inquirers, shall administer to them the following oath, to wit : " \ou, A B, inquirers,
C D, and E F, do swear that the account you now give in is a just and
true account of all the real estates, slaves, black cattle as aforesaid, annu-
ities and monies at interest of the several inhabitants of the parishes of St.
Philip and St. Michael, and also of all the real estates, slaves, black cattle,
annuities and monies at interest retunied to you by the said inhabitants,
which are belonging to persons not resident in either of the said parishes,
according to the best of your knowledge : So help you God."
XVIII. And he if also enacted by the authority aforesaid. That the said ^^j^^ ^^^ ^^
inquirers shall at the same time render an account in writing upon oath ronder an ac-
as aforesaid to the said assessors and collectors, of their own real estates, |^°^"^^^^°^ '^jf,'*"
slaves, black cattle, as aforesaid, annuities and monies at interest, in this "^^" '"^°^ '
Province. And any thi-ee of the said assessors and collectors shall be a
quorum, and shall meet at the State House in Charlestown the third Tues-
day in January next, and there continue to sit until they have finished the
caiculaiion of the value of the estates in the said town and in Ansonburgh, A^j<|i>orum^of^
and within the limits as aforesaid, or to adjourn to any other place in the assessors to
said town, as they see fit ; and the said assessors shall finish and complete meet and make
the said calculation of the value of the estates in the said parishes of St. "^Pjong^'' ^^ *^"*
Philip and St. Michael, on or before the last Tuesday in March next, and
shall cause a duplicate thereof to be posted at the guard house in Charles-
town, in seven days after the said calculation shall be closed, and they
60 STATUTES AT LAR(:JE
A. D. 1758. shall give previous notice, twice at least, in tlie Gazette, of the time when
^^"^"^^"^^ such duplicate shall be posted. And the said assessors, before they enter
upon the execution of their said office, shall take the following oath before
one of his Majesty's justices of the peace, who shall give them a certificate
thereof gratis : " I,- A 13, do sincei'ely swear that I will indifferently,
Assessors oath, equally and impartially rate and assess all and every person returned to
me to be assessed by the inquirers for the parishes of St. Philip and St.
Michael for that purpose, according to the full value of what I believe
every such person is -worth, and the directions to me given by this Act,
and according to the best of my skill and knowledge : So help me God."
XIX. And he it also enacted by the authority aforesaid. That in case
Mistakes may j-|^g g^j^j assessors shall find any mistake in the leturn of the inquirers, the
DC rcctincrl. . "^ . '
said assessors shall not be so strictly bound by such return but that they
may have liberty to proceed according to better infoniiation and knowledge.
XX. A?id he it also enacted by the authority aloresaid, That every
person so assessed by the said assessors for the said parishes of St.
Times of pay- Philip and St. Michael, shall pay into the hands of the said assessors the
™^"" several sums of money on them respectively assessed, on or before the
third Tuesday in^A])nl next, or within ten days next after at furthest ; and
the said assessors shall pay to the public treasurer all such sum and sums
of money as shall be b}' them respectively collected, without any deduc-
tion for commissions, or any other pretence whatever.
XXI. And he it also enacted by the authoi-ity aforesaid. That in case
Non-resident any person whoever, living without the limits of the parishes of St. Philip
owners of pro- ^nd St. Michael, Charlestowni, shall neglect or refuse to pay in his, her or
Ch.irlestown theii" tax, at the days and times hereinbefore mentioned and appointed for
defaulting, may the payment thereof, the inquirers and collectors respectively shall, within
be levied on. ^^^ days after the time is fully elapsed, without favour or affection, or fur-
ther delay, levy the same by virtue of a waiTant by them or any of them
to be signed and sealed for that purpose, which wanant shall be directed
to the constable or constables living nearest to the place where such de-
faulter lives or resides, requiring hiin to levy the same by distress and sale
of the defaulter's goods, returning the overplus, if any there be, to the
defaulter, upon deducting the reasonable charges ; and if no such distress
can be found, and the defaulter shall neglect or refuse to produce goods
whereon the monies so assessed may be forthwith levied, then the said
constable or constables, by virtue of the said waiTant, shall take the body
of such defaulter and carry him to the common goal in Charlestown, which
warrant shall run in these words, mutatis mutandis, viz :
" A B, CD, and E F, collectors of the general tax for the parish or
precinct of , in county, to G H, constable of the parish or
precinct of , or to tlie provost marshal of the Province of South
Carolina, or to his laAvful deputy : Whereas, J K hath been duly assessed
by us, the subscribers, collectors of the tax for the parish or precinct of
, the sum of , for tax, for defraying the chartjes for the
year ending the 24th day of March, 1758, which hath neglected to pay,
these are therefore, in his Majesty's name, strictly to charge and command
you to levy, by distress and sale of the goods and chattels of the said J K,
the said sum of , together with the charges thereof; and in case the
said J K shall refuse or neglect to produce goods or chattels sufficient to
levy the said distress and the charge thereon, that then you take the body
of the said J K, and him safely convey to the common goal in Charlestown,
commanding you, the keeper of the said goad, to detain the body of the said
J K in your custody, until he shall pay the said sum of , together with
the charges of keeping and detaining him as aforesaid ; and for so doing
Form of war
rant.
OF SOUTH CAROLINA. 61
this shall be your sufficient warrant. Given under our hands and seals, A. D. 1758.
this day of , Anno Domini . ^-..^•'^r'^^y
" A B, C D, E F."
And the provost marshal shall detain such person in the goal aforesaid,
without bail or niainprize, until tl\e debt and charges aforesaid shall be
satisfied. And the assessors and collectors for the parishes of St. Philip
and St. Michael shall have the same power and authority, and proceed in
the same manner for levying and recovering the tax of the defaulters hav-
ing estates in the said parishes, as is above directed. And the constable
or constables to whom such waiTant shall be directed, shall take from the Constables'
defaulter the following fees in the execution of their otlice, viz : for serving f*"*^®-
every execution, six shillings, and one shilling for every pound to be levied
as aforesaid, and one shilling for every mile, to be computed from the
dwelling house of such constable or constables to the dwelling house or
place of residence of such defaulter ; and no more or any other fee or fees
whatsoever. And the assessors and collectors respectively, for every such
waiTant he or they shall issue, shall have from such defaulter ten shil-
lings cunent money.
XXII. And be it also enacted by the authority aforesaid. That if any
taxable person shall neglect to give an account, as aforesaid, of his or her Warrant may
estate, to the said inquirers and collectors, by the time before limited in J|^*^Jgg 'JfhoTe-
this Act, or shall omit or neglect to pay either his or her own tax or the fuse to render
tax to be assessed by virtue of this Act on any person for whom he or she ^," a.'^count to
-,. •' . •'^'^ . , T -^ 1 1 the inquirers.
IS guardian, executor, attorney or tiustee, by tlie time above limited, the
said collectors respectively where such taxable person lives are hereby im-
powered and required to issue their warrants in the same manner as above
directed ; and in case the said assessors and collectors shall not have a just
information what such person's tax di^th amount to, the said warrant shall
run for double what they shall judge such person ought to be rated, and
shall be dealt with in all other respects as a defaulter.
XXIII. And be it also enacted by the authority aforesaid, That the
public treasurer shall have full and ample power in all respects, for col- p °j^|'J °g^_
lecting and getting in aiTears of taxes, which are or were due by any surer.
former law or Act of Assembly, and the same may be recovered by virtue
of a warrant under the hand and seal of the public treasurer, directed to
any constable for the county where such arrears of taxes are to be collect-
ed, which waiTant shall run in the saine manner as is directed to be done
by the assessors and collectors against defaulters.
XXIV. And be it also enacted by the authority aforesaid, That in case any _, , , , .
T m 1 T 1 ^ • f • • • 1 • ^ / Taxablesdyinff
person shall happen to die between the time oi giving in Ins account to before pay-
the said inquirers and collectors and the paying of his tax, and any goods ment.
or chattels of the deceased, to the value of the sum he was assessed at,
shall come into the hands of his executors or administrators, or any exe-
cutors in their own wrong, such executors or administrators shall pay the
same by the time before limited, prior to all mortgages, judgments and
debts whatsoever, (debts due to his Majesty only excepted) or otherwise
a warrant or execution shall issue against the proper goods of such execu-
tor or administrator; and if any person, between the time of rendering
the account of his or her estate to the inquirers and collectors aforesaid,
and the time of paying in his or her tax, shall be about to depart this
Province, the said assessors and collectors are hereby directed and requir-
ed forthwith to levy the same, notwithstanding the day of payment is not
then already come, unless such pei'son will find sureties to the liking of
the said collectors and assessors for the payment thereof at the time
appointed.
62 STATUTES AT LARGE
A. D. 1758. XXV. A/id be it also enacted by tlie authority aforesaid, That all deeds
^''^'"^^"'^^ of gift, conveyances, mortgages, sales and assignments of lands and tene-
Conveyances ments, goods and chattels of any person whoever, made with an intent to
a' '^^h"'^i"* *i'"^ avoid being assessed or paying tax, are hereby deemed and declared to be
void. fraudulent and null and void to all intents and purposes whatsoever.
XXVI. Afid he It also enacted by the authonty aforesaid. That in case
Mortgagees any person who has mortgaged any part of his estate, real or personal,
the taxT ^ °^ shall refuse or neglect to jiay tax for the same, the mortgagee shall be
answerable and liable to pay the sums assessed on the mortgager, provided
that such estate shall be in the possession of the mortgagee.
XXVII. And he it also enacted by the authority aforesaid. That the public
treasurer, inquirers, assessors, collectors, marshal, constables and every
Penally on other magistrate and officer, or any or either of them, who shall neglect
officers appoin- Or refuse to do and perform the several matters hereby required of them
ted under this respectively to be done within the time prescribed by this Act, shall for
' every such neglect or refusal forfeit the sum of one hundred pounds
current money, to be recovered in any court of record in this Province,
the one half to his Majesty ftn- the support of this government, and the
other half to him or them who will sue for the same, by action of debt,
bill, plaint or information, wherein no essoin, privilege, protection or
wager of law shall be allowed or admitted.
XXVIII. And he it also enacted by the authority aforesaid. That in case
any of the inquirers, assessors and collectors before mentioned, shall hap-
Officer dying, pg^ to die, refuse to act or depart this Province, before they have executed
the powers and authorities hereby given them, then his Excellency the
Governor or the Commander-in-chief for the time being, is hereby impow-
ered to nominate and appomt another lit person in the room of him so
dying, refusing to act or departing the Province ; and the person so
appointed, shall have the same powers and be under the same penalties as
the inquirers, assessors and collectors hereby nominated.
XXIX. And be it also enacted by the authonty aforesaid, That the
Execution may public treasurer be and he is hereby impowered to grant immediate exe-
issue against cutions asfaiiist all former constables and collectors of taxes, and collectors
former consta- , ^i.i-<-ii i^
bles and collec- and assessors lor the time being, tor all taxes now or hereaiter to grow
'orS' due, when the time is or shall be elapsed for paying the same ; and in
case the public treasurer shall grant any execution or executions against
any of the persons aforesaid where there is nothing due, it shall and may
be lawful to and for such person against whom such execution is wrong-
fully granted, to maintain an action at law against the treasurer, and recover
his damages and full costs of suit.
XXX. And be it also enacted by the authority aforesaid. That the
The public public treasurer of this Province for the time being, after paying the
give certificates surplus of taxes and balance in the fund aforesaid, as far as the same will
where they are extend, shall be and is hereby obliged and required to give certificates to
demandable. ^^ several persons ha\ang monies provided by the schedule to this Act
annexed, for such part thereof as the person applying for the same shall
requix'e, which certificates shall be filled up, numbered and signed by the
treasurer, and afterwards countersigned by Rawlins Lowndes, John
McQueen and William Drayton, Esquires, or any two of them; and they
are hereby directed to keep an account in a book, of such certificates as
they shall respectively sign, provided that such certificates shall not be
for less than five pounds nor more than fifty pounds ; and the said certifi-
cates shall be received in all payments to the public treasury until the last
Tuesday in May, one thousand seven hundred and fifty-nine, and no longer;
and the several collectors of the tax shall take and receive the said certi-
i
OF SOUTH CAROLINA. "^3
ficates in payment of taxes for the sums therein mentioned, from all A. D. 1758.
persons tendering the same ; provided also, that the possessors of the said "^--""'v"^^
certificates shall carry the same to the public treasurer to be exchanged,
on or before the first day of November, one thousand seven hundred and
fifty-nine ; and in case any certificate shall be outstanding after that day,
the public shall not be liable to make provision for the same.
XXXI. And be if also enacted by the authority aforesaid. That if any
of the assessors, inquirers, collectors, public treasurer, provost marshal. Costs '"case
constable or other person shall be sued for any matter or thing by him orO^|."^'^\^J°'|.|j!^'
them done in the execution of this Act, it shall and may be lawful for under this Act.
such person and persons to plead the general issue, and give this Act and
the special matter in evidence ; and in case judgment shall be given for
the defendant or defendants, he or they shall recover treble costs of suit.
XXXII. And whereas, the general tax of the past year, and the sums
granted for the othei services in the schedule hereunto annexed, with the
surplus of taxes and the balance of a fund in the public treasury as afore-
said, will amount to the sum of one hundred and seventy-four thousand
five hundred and seven pounds eighteen shillings and one penny farthing,
Be it further enacted by the authority aforesaid. That the said sum of one
hundred and seventy-four thousand five hundred and seven pounds eigh-
teen shillings and one penny farthing, shall be appropriated, applied and
paid by the public treasurer, according to the schedule hereunto annexed,
and not otherwise, (that is to say) :
SCHEDTTLE
TO WHICH THE ACT ANNEXED REFERS.
ALLOWANCES TO PUBLIC OFFICERS.
To his Excellency the Governor, X3500 00 00
To the clerk of the Council, 300 00 00
To the Master in Chancery, 200 00 GO
To the messenger of the Council, 200 00 00
To the door-keeper of the Council, 200 00 00
To the clerk of the Assembly, 600 00 00
To the messengers of the Assembly, X200 each, 400 00 00
To the commissary general, 400 00 00
To the agent in Great Britain, from the 7th day of October to the
24th day of March, 548 09 lOi
To the clerk to the committee of correspondence, 50 00 00
To the clerk to the board of church commissioners, 30 00 00— X' 6428 09 loi
HOUSE RENT FOR THE PUBLIC.
To his Excellency the Governor for one year's rent, 700 00 00
To John Murray, Esq. for rent of the Secretary's office, 80 CO GO
To William Henderson, for a house for the free school in Chailes-
town, 250 00 m—£ 1030 00 00
WRITING FOR THE PUBLIC SERVICE.
To the clerk of the Council, for copies of the Minutes of Council,
entries in the Indian book, and copies of laws for the use
of the Council, 1425 07 OS
To the clerk of the Assembly, for copies of journals, drawing
bills, &c. 1962 16 02
To Robert Wells, for binding journals, 33 10 00
To John Murray, Esq. for fees due to the Secretary's office, 707 04 03
To the public treasurer for this service, 337 02 06
James Crokatt, Esq. late agent, disbursements for this service, 112 00 00 — £ 4578 00 07
6f
STATUTES AT LARGE
A. D. 1758.
32000 00 00
150 00 00
90 00 00— £40640 00 00
TO BE RAISED BY PARTICULAR LAWS APPOINTING THE SAME.
For sinking y part of the i;33,600 orders issued in 1755, for de-
fending the King's rights in North America, jE8400 00 00
For sinking one fifth part of the i;i60 000 orders issued last year,
to raise and pay tlie South CaroHna regiment,
To CharlCiS Lowndes, Esi]. late provost marshal, for serving
writs of election, summoning jurors and attending the
courts,
To Clement Lampriere, annuity on the militia law,
FOR THE FORTS.
To the commander of fort Johnson, on year's pay,
To the gunner of the said fort, at i^l8 per month,
To two quarter gunners, at £8 per month each.
To pay 21 men for 5 months and 5 days service, at jESpermonth
each.
Provisions for 4 men, at JC25 per annum each, and for 21 men 5
months and 5 days.
To the gunner of fort Moore, (if not belonging to the indepen-
dent companies) 1 year's pay at £H per month.
To the gunner of Charlestown, one year's pay,
To the gunner of Craven's Bastion, one year's pay,
To the gunner at Broughton's Battery, one year's pay.
To Downes & Nicholson for several articles.
To Alargaret Boone, for making flags,
To Benjamin Stead, for white rope.
To David Brown, for making flag staffs.
To Bernard Beekman, for several articles.
To Henry Kennan, for several articles.
To John McCall, for bunting.
To John and Edward NeufTville, for scales and weights.
To James Laurens and company, for several articles,
To James Reid, for gun match and gun wadding.
To John Stone, jr. for Tomkins,
To Benjamin Dart, for bunting and sheet lead.
To Bremar & Neyle, for cartridge paper,
200 00 00
216 00 00
192 00 00
867 09 00
334 04 09
168 00 00
225 00 00
100 fX) 00
100 00 00
26 00 00
50 17 06
6 02 06
63 00 00
520 01 03
13 17 06
74 18 01
22 10 00
207 14 09
119 10 00
12 00 00
72 08 11
21 10 00— £ 3613 04 03
FOR THE GARRISONS AT FORT PRINCE GEORGE AND FORT LOWDOUN, IN
THE CHEROKEES.
To Benjamin Stead, for sundry articles in his account.
To Benjamin Stead on Cornelius Doghearty's orders, for cattle,
£VJb: for carriage of baggage, .£49 7s. 6d., and for car-
riage of stores, A' 199 10s.
To Benjamin Stead on a fourth order of Cornelius Doghearty's
for cattle
To Patrick Troj', for carriage of salt,
To Henry Gallraan, on several orders for provisions and carriage
of stores.
To Ancrum, Lanie & Loocock, on James Moon's order, for horse
hire, £24, and on Thomas Mills' order, for carriage of
stores, £10,
To Ulric Beekman, for carriage of artillery.
To William Banbury, for bread,
To Thomas Harrison, for bags.
To Glen, Cooper and company, on Barnaby McMullen's order,
for carriage of salt, .£49, and on Richard Smith's order,
for carriage of stores, £105,
To Smith & Brewton, on orders of the following persons, viz :
Margaret Glostei's for provisions, £200, Frederic O'Neale's
114 06 01
443 17 06
250 00 00
76 10 00
2292 12 09
34 00 00
48 00 00
216 02 04
48 16 00
154 00 00
OF SOUTH CAROLINA.
for driving caule, £126 ; Robert Hall's for horse liire,
£45 ; Captain Paul Demere's for cash paid laborers, £131
18s. 6d.; WiUiam Shorey's, interpreter to the garrison,
£i5; Captain Raymond Demere's, for several articles,
i;717 10s. -£1271 08 06
To Smith & Brewton, articles in their account for this serv ice, 84 06 06
To Thomas and William Ellis, on William Shorey, the inter-
preter's order, £45 ; and on an order of John Stephens,
for carpenter's work, =£45, 90 00 00
To William Henderson, on Josiah Horton's order, for making
chimneys, 25 00 00
To Robert Pringle, Esq. on Christian Minnick's order, for 50
head of cattle, 700 00 00
To John McQueen and company, on orders of the following
persons, viz :
Charles McLean, for carriage of flour, jC 23 12
John Butler, for carriage of stores, 115 00
John Elliott, for 1000 bushels of Corn, 1300 00
Samuel Benn, for carriage of flour, 221 18
The same for corn, 777 07 6
John Elliott, for carriage of artillery, 600 00
The same for corn, 147 10
Charles Butler, for carriage of flour, 42 00
Thomas Hawkins, for carnage of stores, 300 10
William Shorey, the interpreter, 150 00
Robert Gowdey, for carriage of provisions, 149 00
James Beamer, for carriage of stores, 39 11 6
Patrick Callihaun, for the like service, 13 10
Cornelius Cookley, for the like service, 255 01 6
John Stevens, for carpenter's work, 45 00
William Gibbes, for horse hire, 20 00
Patrick ReiUy, for flour, 89 00
John Stevens, for carpenter's work more, 30 00 — 4319 00 06
To Alexander Petne, on the orders of John Elliott, for the hire
of a waggon and horses, X21, and for provisions, ,£337
12s.; Thomas Foster, Indian interpreter at Fort Loudoun,
£20 ; and John Hatton, for carriage of flour, £70, 448 12 00
To John Guerard, Esq. for musket ball, 62 10 00
To James Laurens and company, articles in their account for
this service, 433 13 08
To Peter Benoist, on three orders of John Kennett, for carriage
of stores, £273 6s ; and on Henry Gallman's, for the like
service, £180 ; on Lewis Coleson's, clerk of the stores at
Fort Loudoun, £25 ; and Peter Crim's, for flour, £157
12s. 6d. 635 18 06
To John Paul Grimkee, on an order of Abraham Walker, for
Smith's work, £22 10s.; and on an order of Benjamin
Mathison, for the like service, £30 ; and on an order of
Thomas Smith, for the like service, £30; and on William
Gibbes's order, for horse hire, £40 ; and Ephraim Elhs's
order, for 2 canoes, £27, 149 10 00
To John and Henry Gallman, for provisions, 361 13 05
To William Seawright, for carriage of stores, £30 ; and on an
order of Philip Puld's, for provisions, £180, 210 00 00
To John Rae, on an order of Barnard Snell, store waiter, 138 00 00
To Barnard Snell, on Jjcwis Coleson's order, for horse hire, 10 00 00
To Captain John Stuart, on Joseph Galway's order, for horse
hire, £21 ; on several men's order, for carriage of provi-
sions, £50 ; on Captain Paul Demere's order for provi-
VOL. IV.— 9.
t5(> STATUTES AT LARGE
A. D.1758. sions, ±'16 13a ; and on Henry Lucas's order, for carrying
two swivel guns to fort Loudon, £40, i;i27 13 00
To Daniel Cannon, on James Welch's order, for carriage of stores, 93 10 00
To John and Edward Xeuffville.on Peter Crim's order, for the
like service, ^ 83 10 00
To William Strawder, for horse hire," 16 00 00
To Thomas Keiler, for making fascines, 40 00 00
To Benjamin Singleton, on two orders of John Elliott's, for car-
riage of provisions, 642 05 00
To Smith & Scott, on Patrick Campbell's order, i:^46 ; Tobias
Holmes's, £54 for horse hire ; and on James Coppork's,
for baking bread, £30, 130 00 00
To Isham Clayton, for driving cattle, 6 00 00
To Thomas Caulker, on John Ragnou's order, for carriage of
stores, 63 00 00
To Austin & Laurens, on John Kennet's order, for the hire of
a waggon and horses, 78 00 00
To Jacob Tyler, for provisions, 100 00 00
To James Beamer, for carriage of flour, 292 19 00
To Michael Calfskin, for horse hire" 54 00 00
To John Gibson, for provisions, 154 00 CO
To John Wildermot, for waggon hire, £51, and for carriage of
flour, £75, 126 00 00
To Andrew Williamson, for driving cattle and hogs, 81 15 00
To John Kennett, for carriage of flour, 100 00 00
To Captain John Postell, on William Roth's order, for horse hire, 24 00 00
To John Savage, for rum, 254 00 00
To Lieutenant Lachlan Shaw, for several articles, 87 05 03
To Peter Crim, for cattle, 1764 00 00
To John Cannon, for carriage of provisions, 100 00 00
To John Turner, for the like service, 47 10 00
To John George Smithbeader, for carrying swivel guns, 42 18 00
To the commissary, for several articles, 187 17 06
To.Ensign John Bogges, for.several articles, 67 10 00— £17411 1007
FOR THE FORCES, VIZ :
To-the following persons for quarters for the officers :
Barnard Beekman, 22 10 00
Henry Bedon, 31 08 06
John Raven Bedon, 95 06 08
Sarah Baker, 21 15 08
Jane Boone, 56 00 00
Rebecca Bennett, 31 08 00
William Bisset, 27 02 06
Isabella Robinson, 33 03 08
William Carwithin, 41 01 05
Moses Mitchell, 79 13 00
3Iary Cranmer, 140 13 00
Magdalen Prioleau, 98 15 00
Elizabeth Richardson, 173 15 GO
Samuel Perkins, 62 16 00
Henry Kennan, 36 08 06
Peter Leger, 217 14 09
John Matthews, - 55 00 00
Robert Fairweather, 62 05 00
Gabriel Guignard, 47 13 04
Robert 3Iackenzie, 9 12 06
William Mason, 26 08 00
Rice Price's Estate, 46 08 06
James Reid, 100 11 06
OF SOUTH CAROLINA.
67
Susanna Rese,
John Quash,
Lieutenant Robinson, William Mackenzie, Duncan Bayne, En-
sign McDonald and Ensign Houston,
William Robertson,
Ann Rogers,
Elizabeth Seacraft,
Margaret Sheppard,
James Neilson,
Thomas Walker,
Sarah Clifford,
Susanna Walker,
Ann Watson,
Arnout Scherraerhoorn,
Edward Weyman,
John Gordon,
Nathaniel BuUine,
David Dotte,
Samuel Came,
Thomas Lining,
Elizabeth Poole,
Catharine Scurlock,
Jane Price,
To the following officers who removed from their quarters
before the 30th of November, or had none assigned them :
Colonel Montgomery,
Lieutenant Colonel Stephen,
Major Grant,
Captain Landor,
" Sinclair,
" Hugh Mackenzie,
Lieutenant Sutherland,
Phillips,
" Stuart,
Blagg,
Ensign Haggart,
" Jenkins,
Adjutant Stuart,
Surgeon's Mate McBunnet,
To discharge the additional pay of one shilling sterling per diem
to 16 subaltern officers of the Royal Americans, £644;
34 subaltern officers of the Highland Battalion,£1368 10s.
and 6 subaltern officers of the Virginia regiment, X241
10s ; in lieu of quarters from the 30th of Nov. last,
£174 10 09
61 07 06
85 10 00
6-2 10 00
5 00 00
25 00 00
75 00 00
3 03 00
55 00 00
25 00 00
40 00 00
87 10 00
6 05 00
63 15 00
245 07 11
30 00 00
108 00 00
18 15 10
62 10 00
93 15 00
77 08 10
5 07 06
62 10 00
62 00 00
62 10 00
21 00 00
35 00 00
35 00 00
31 05 00
43 15 00
5 14 00
10 14 00
2 10 00
43 15 00
10 00 00
17 10 00
2254, 00 00
A. D. 1758.
£5615 09 10
To the following persons, for rent of houses for barracks and
hospitals, and for materials and workmanship in fitting
the same :
William Banbury, 287 19 05
Daniel Bourget, 48 00 00
William Bampfield, 450 00 OO
Thomas Booden, 65 00 00
Lambert Lance, 52 10 00
Jonathan Scott, 75 co 09
Richard Bercsford, Esq. I44 oO 00
Mrs. Ann Wragg, 237 06 08
Mary Scott, 100 oo 00
Hugh Anderson, I95 50 oo
Simuel Wainwright, Esq.j 45 00 08
68 STATUTES AT LARGE
A. D. 1758, Luko Stoutenbnrgli, Esq., -£50 00 00
Robert Rawlins, fi2 00 00
Samuel Prioleau, 56 05 01
Brunei t and Hall, «91 02 05
To Benjamin Stead, fur rum, duflils and brown rolls, 6643 05 09
Sarah Nightingale, for damages sustained by the Royal Ameri-
cans' encampment in her pasture, 75 00 00
To Hugh Anderson, for barrack necessaries, 170 02 00
To Elizabeth Jones, for bedding, 30 18 10
To Smith and Brewton, for blankets, rolls and pepper, 2350 10 04
To Ancrum, Lance and Loocock, for brown rolls, 135 13 09
To John Guerard, Esq. for barrack necessaries, 268 04 00
To James Laurens and Co. for blankets and other articles, 1772 05 10
To Ruth Hartman, for bedding, 20 10 04
To Elizabeth Larry, do. 16 17 05
To Elizabeth Jones, do. 31 ^'2 00
To John McQueen and Company, for rum, glass and nails, 341 17 00
To Inglis and Pickering, for blankets and brown rolls, 1035 11 10
To Othniel Beale, Esq. for blankets, 171 10 00
To John Savage, for blankets, 212 10 00
To Williams Carne, for vinegar, 23 04 042
To Bremar and Neyle, for barrack necessaries, 153 03 01,
To John Remington, jr. for tubs and buckets, 124 10 00
To Daniel Crawford, Esq. for wood, 23 12 06
To John Marley, for wood and cartage. 1873 18 09
To Thomas Wright, Esq. for wood, 3746 03 03
To Commissary "Pinckney, tor woo.l. 828 05 00 6171 19 06
To Commissary Pinckney, for cartage, and several other articles, 823 19 09
To James Henderson, for candles, 1308 15 00
To John Parnham, for pepper, 36 00 00
To Thomas Buckle, for transporting a detachment to Fort
Johnson, 5 00 00
To William Branford, for straw, 119 00 00
To Mary Frost, for hay, 20 00 00
To John Harvey, for hay, 162 00 00
To'WiUiam Lawrence, for straw, 27 00 00
To reimburse the Treasurer, advanced for materials and work-
manship for constructing new barracks, XSOCO ; and for
transporting parties and provisions to Fort Johnson, £40, 8040 00 Ot)
To John Stevens, Glazier, for working at the barracks, 51 15 00
To defray the expense of constructing barracks for the officers, 3750 00 00— =C 42778 04 09
To the churchwardens of St. Philip, for subsisting the wives
and children of the independent company sent to
Virginia, «0 02 05
To the same churchwardens, for supplies to several invalids
discharged from the service, 116 12 03— =£ 536 14 08
FOR THE SCOUT BOATS.
To pay for a scout boat lately built, 300 00 00
To two commanders, one year's pay, at £25 per month each, 600 00 00
To pay 20 men, at £10 per month each, from 25th March, inclu-
sive, to 15th 3Iay, exclusive, 307 18 031
To pay 22 men, from 15th May to 24th March, both days inclu-
sive, at £12 per month each, 2725 08 00|
Provisions for 22 men, at £28 per annum each, 616 00 00
Provisions for two additional men, at the same rate, from the
15th of May, 48 04 00^
To Gordon and Elhott, for several articles, 77 06 10
To John Joyner, for several articles, HO 19 00-£ 4785 16 03J
OF SOUTH CAROLINA.
69
FOR LOOKOUTS.
For eight Lookouts, each consisting of three men, at £12 per
month each man.
To Margaret Boone, for making flags,
To Joshua Grimball, for several articles,
To Barnard Beekman, for several articles,
To William Eddings, for a flag -staff, and fi eight of cannon,
To James Laurens and Company, for several articles.
To John Scott, merchant, for spy-glasses,
To William King, for a flag-staff.
To Brunett and Hall, for carriages.
A. D. 1758.
je3356 00 00
30 00 00
112 10 00
22 00 00
25 60 00
21 03 09
8 00 00
12 00 00
195 00 00— £ 3781 13 09
FOR THE PUBLIC ARMS.
To John Milner, for mending and keeping them clean, and for
scabbards to the bayonets,
PAROCHIAL CHARGES.
To the churchwardens of St. James Santee, to finish the parson-
age house.
To Robert Hunve, for repairs to the parsonage of St. James,
Goose Creek,
To David May bank, for repairs to St. Bartholomew's parsonage.
To John Joor, for repairs to St. George's parsonage.
To the Rev. Mr. Henry Chiffelle, Rector of St. Peter, Purrys-
burgh, for three years rent of a parsonage house,
To the churchwardens and vestry of the parish of Prince
George, Winyaw, toward defraying the expense of pur-
chasing a glebe and building a parsonage house,
FOR CORONERS' INQUESTS.
To Francis Kinloch, Esq., on an order of James Roberts, Esq.,
Coroner of Craven county,
To John Skene, Esq.
To William Simpson, Esq. Coroner of Berkley county,
To James Carney, constable, for summoning jurors,
FOR CRIMINALS.
Fees on prosecuting them at March and October sessions.
To the Chief Justice,
To the Clerk of the Crown,
To the late Attorney General,
To the present Attorney General,
To Charles Lowndes, Esq. late Provost Marshal, for their sub-
sistence,
Constables, for conveying malefactors to goal :
To Samuel Fry,
To Mark Hays,
To John and Ulric Tobler,
To WilUam West,
To George Bland,
To Charles Badingfield,
To Thomas Conway,
To Nicholas Younker,
To William Streather,
To James Robertson,
To Hugh Branchman,
To the Treasurer, which he paid constables for the like
service.
£ 668 18 09
350 00 00
50 04 07
124 10 00
39 18 00
120 00 00
500 00 00— £1184 12 07
60 GO 00
20 00 00
50 00 00
7 00 00— £ 137 00 00
208 15 00
169 10 00
119 15 00
121 00 00
1513 05 00
9 07 06
10 14 02
17 00 10
9 07 06
2 12 06
5 15 00
50 00 00
11 08 09
29 14 00
19 00 00
9 00 09
72 18 09~£ 2379 04 09
70
STATUTES AT LARGE
A. D. 1758.
FOR CRIMINAL SLAVES.
To John Geissendanner, for slaves executed,
200 00 00
To William Dalton, do.
400 00 00
To Hugh McCulchin's estate, do.
200 00 00
To James Ladson, do.
200 00 00
To James Ash's estate, do.
90 00 00
To Joseph Ash, do.
90 00 00
Constables, for fees on the tryals of Slaves :
To WilUam Osborne,
29 02 06
To William Bonneau,
6 19 09
To John Gibbes,
15 15 00
To Christopher Holson,
3 06 03
To James Rochford,
3 17 06
To Jacob Rumph, --
9 07 06
To Henry Orr,
14 15 00
To John Coone,
18 00 00
To Samael Wood,
7 07 06
To Jacob Ladson,
8 08 09
To John Rice,
25 07 06
To George Allison,
7 02 06— X
1329 09 09
INDIAN EXPENCES.
To the Commissioner for Indian affairs, one year's salary,
100 00 00
To Daniel Pepper, Esq. Agent to the Creeks,
2000 00 00
To the following persons, for presents, viz :
Tew & Roybould,
£ 210 10 00
Margaret Boone,
20 00 00
'
Benjamin Stead,
67 10 00
Ancrum, Lance and Loocock,
127 12 06
Jerome Courtonne, (to be paid upon
his
account's being attested upon oath)
1350 00 00
John Spencer,
84 06 00
Smith and Brewton,
1979 14 04
John Paul Grimke,
4 10 00
John Dodd,
49 00 00
James Laurens and Company,
6 00 00
Thomas Nightingale,
289 06 03
John Scott, gunsmith,
71 05 00
Rae & Barksdale,
7 01 00
Alexander Petrie,
15 00 00
Thomas Smith, jr.
14 00 00
Ogilvieand Ward,
24 17 06
John McQueen & Company,
2467 00 04
Inglis & Pickering,
266 05 00
McCartan & Campbell,
2466 19 03
Gabriel Guignard,
16 13 06
Bremarand Neyle,
36 11 03
Jacob Motte, Esq.
32 10 00-
-£9606 11 11
And to the following persons, for provisions, &c.
Sarah Nightingale,
1025 11 06
James Sawyers,
2 12 06
Henry Gallman,
2 03 09
Daniel Burnett,
26 05 00
George Jackson,
8 00 00
John Gallman,
52 10 00
John Trentz,
6 15 00
Daniel Droze,
47 17 01
OF SOUTH CAROLINA.
71
John McQueen and Company, on an order of
Mcintosh & Johnston, ,£4 2s6d.; and on Robt.
Gowdey's order, £22 10s.; and on Nicholas
Black's order, £10,
White Outerbridge,
William Seavvright,
Henry Smith,
James Termany, interpreter,
Simeon Thens,
Edward Legg,
Elizabeth Mercier,
Samuel Wyley,
Mary VVhitford,
William West,
Ancram, Lance and Loocock, on Hannah
McGregor's order,
Benjamin Godfrey,
Margaret Oliviere,
Mary Cannon,
James McKelvie,
George Sommers,
Alexander Rantowl,
Lachlan McGillivray,
William Cardogan,
Captain John Stuart,
Edward Brody,
Commissary Pinckney,
Lionel Chal ners, attending sick Cherokees,
Olipliant and Garden, for the like service,
A. D. 17.58.
£ 36 12 06
1 17 06
22 10 00
13 01 03
100 00 00
81 10 00
29 14 04
26 05 00
62 10 00
59 07 06
51 15 00
127 12 06
19 12 06
33 19 08
10 05 00
4 10 00
5 18 04
12 00 00
80 06 09
12 10 00
18 00 00
3 00 00
513 10 09
14^05 00
7 05 00— £2519 13 05— £14226 05 04
FOR PRISONERS OF WAR.
To Judith Postell, for the board of several.
To Thomas Gordon, ditto.
To James Akin, ditto.
To Anthony Bonneau's estate, ditto,
To Peter Butler, ditto,
To Marc Anthony Besselleu, ditto.
To Robert Collins, ditto.
To Paul Combe, ditto.
To Frederic Holzendorf, ditto,
To James Marion, ditto.
To Mary Langley, ditto,
To Peter Pequin, ditto.
To Francis Simmons, ditto.
To Philip Chicket, ditto.
To Robert Quash, ditto,
To Benjamin Simmons, ditto,
To Margaret Oliviere, ditto.
To John Channing, for medicmes.
To Oliphant and Garden, for medicines.
To the Treasurer, advanced by him to pay the passages of
several to Great Britain,
To the Commissary, for this service.
To pay Timothy Phillips, and the men under his command, for
guarding the said prisoners, to the 2nd July,
To pay William Wilkins and his men, for the like service.
To pay Richard CoUis and his men, for the like service.
680 17 06
220 15 00
16 12 06
62 05 00
32 16 00
13 17 06
43 17 06
34 17 06
60 15 00
39 15 00
349 17 06
33 15 00
59 12 06
9 00 00
30 00 00
15 07 06
979 17 03
17 10 00
37 07 06
750 00 00
42 00 00
181 14 10
180 06 06
189 13 04— £ 4082 10 05
72
STATUTES AT LARGE
A. D. 1758. FOR THE FRENCH ACCADIANS.
To the following persons, for maintaining them :
Joseph Palmer, of St. Stephen's parish ;
Stephen Crell, of Saxe Gotha township,
Henry Gallman, " "
Henry Hertel, " "
Henry Sertrunk, " "
Joshua Grimball, of Edisto Island,
Elias Ball, on two ordersgof George June, of St. John, Berkley
county,
William Burd, of Edisto Island,
Churchwardens of St. Helena,
Churchwardens of St. Phihp,
Joseph Norman, of Beach Hill,
John Glover, of St. Pauls,
John Hayes, of St. James Goose Creek, ~
Henry Heartley, of Amelia township,
WiUiam Heatly, " "
Samuel Jeanes, of St. Pauls,
Edward Parry, "
Mary Postell, of St. George's,
John North, of St. Bartholomew's,
James Sharpe, " "
Thomas Mitchell, of Prince George Winyaw,
Christopher Rowe, of Orangeburgh, (to be paid when duly
certified)
Thomas Hay ward, of Prince William (to bejpaid when duly
certified)
Zachariah Villepontoux, of St. James Goose Creek, (to be paid
when duly certified)
John Marley, for wood,
EXTRAORDINARY CHARGES.
Thomas Gordon, repairs to the Guard House,
To Jonathan Badger, for the use of the Assembly,
To the Churchwardens of St. Piiilip, for subsisting poor from
remote parts, where no poor rates are collected.
To WiUiam Matthews, for provisions to the Militia on an alarm,
To William Maxwell, for ditto.
To Timothy Phillips, for making tents.
To John Elliott, balance of his account for subsisting two
French prisoners, taken by the Cherokees in 1753,
To Benjamin Smith, Esq. for crimson damask to cover the chairs
in the Council Chamber,
To the Fire Masters in Charlestown, (to be paid by the inhabi-
tants of the said town) for the use of the fire engines.
To Elf and Hutchinson, for chairs and tables for the Council
Chamber,
To the Treasurer, balance of money advanced by him to send
for muskets, warlike stores and other articles.
To the Treasurer, a recompence for receiving and issuing
£42,000, granted for defending bis Majesty's rights in
North America ; and for his trouble in attending the press,
indenting, filling up, signing and paying out X23,000, in
orders, issued for the use of the fortifications ; and for
paying out £40,000, raised for the use of the fortifications
by the tax laws for the years 1754 and 1755 ; and for
paying out the money mentioned in the last preceding
article.
33 00 00
54 00 00
53 00 00
24 00 00
12 00 00
48 10 00
171 00 00
16 00 00
184 10 00
541 17 08
91 12 09
180 00 00
14 10^00
26 00 00
171 10 00
107 18 08
76 00 00
115 00 00
620 03 01
70 00 00
71 08 00
64 00 00
8 10 00
28 00 00
11 12 06— .£ 2794 02 08
3 05 07i
63 05 00
163 14 06
6 00 00
5 00 00
91 00 00
67 00 00
77 10 00
286 12 03
728 02 06
15095 13 00
350 00 00
OF SOUTH CAROLINA.
73
To John Kitt, for apprehending Robert Wall, a deserter from
Fort Loudoun,
Annuity to the negro Sampson, for discovering a cure for the
bites of rattlesnakes.
To the Treasurer, balance due to him from the general duty
fund, the 2'Jth of Septenibei last,
To the Treasurer, for orders sunk, which were issued in 1740,
for the relief of Georgia and defence of this Province,
To the Commissioners for the Streets in Charlestov.n, (to be paid
by the inhabitants of the said town)
To the Commissioners for the Roads on Charlestown Neck, (to
be paid by the inhabitants of St. Phihp and St. Michael,
Charlestown,)
To Benjamin Shadman, for taking care of the anillery,
Toward defraying the contingent charges of the current year,
A. D. 1758.
i:i34 00 00
50 00
1238 16 04
12 GO 00
500 00 00
50 00 00
200 00 00— X19,11G 04 02^
3,000 00 00
i;i74,507 18 Oli
B. SMITH, Sj'eaker.
Li the Council Chamber, the V^th day of BIa>/, 1758.
Assented to: WM. HENRY LYTTELTON.
AN ORDINANCE for rectifying Mistakes in the names of two JVb, §75.
OF THE Inquirers, Assessors and Collectors, for the Township
OF Saxegotha, and the forks between the Congree and Wateree
Rivers, and adjacent places, appointed, by the Tax Act, passed
the 19th May, 1758.
Preamble.
WHEREAS, by an Act made and passed in open Assembly, the
nineteenth day of May, in the year of our Lord 1758, entitled " An Act
for raising and granting to his Majesty the sum of ^£166,438 14s. 7^d.,
and for applying the sum of e£8069 3s. 6d., (being the surphis of taxes
and balance of a fund in the public treasury) making together =£174,507
18s. l^-d., to defray the charges of this government from the 25th of
March, 1757 to the 24th of March, 1758, and for other services therein
mentioned," John Leslie instead of James Leslie, and John Kennelly
instead of Thomas Kennelly, were nominated and appointed two of the
inquirers, assessors and coUectoi's for the township of Saxegotha and the
forks between the Congree and Wateree rivers and adjacent places, to
put the said Act in execution, which mistakes, if not rectified, may preju-
dice and obstruct the public service ;
I. Be it there/ore ordained, by his Excellency William Henry Lyttelton,
Esquire, Captain General and Governor-in-chief in and over the Province
of South Carolina, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of the said Province, and
by the authority of the same. That James Leslie and Thomas Kennelly,
who by mistake were in the said Act called John Leslie and John Ken- names rectified
nelly, shall be, and they are hereby nominated and appoined two inquirers,
assessors and collectors for the township of Saxegotha and the forks
between the Congree and Wateree rivers and the adjacent places, togeth-
er with John Lee and Isaac Pennington, the other inquirers, assessors and
collectors for the said places ; and the said James Leslie and Thomas
VOL. IV.— 10.
Mistake of
74
STATUTES AT LARGE
A. I). 1709.
Keiiiu-lly sliall have the same, and they are hereby invested with the same
powers and authorities to jjut the said Act, and all the clauses, powers,
matters and things whatsoever therein contained, in execution, within the
township and district aforesaid, in as full and ample manner as the inquir-
ers, assessors and collectors appointed by the said Act for all or any other
county, parish, to\\Tiship or district are vested with within such parish,
township or district ; and the said James Leslie and Thomas Kennelly
shall be subject and lyable to the like penalties and forfeitures, for neglect
of duty or refusal to act, as other inquirers, assessors and collectors in the
said Act named, are or may thereby be subject and lyable to.
In the Upper House of Assemhhj, the lith day of December, 1758.
Concurred to, bij order of the House.
JOHN CLELAND.
In the Commons House of Assemhhj, the lith day of Dece7nber, 1758.
By order of the House.
BENJAMIN SMITH, Speaker.
Assented to: WILLIAM HENRY LYTTELTON.
No. 876.
Preamble.
Commanders
of vessels to
deliver a mani-
fest on oath.
Transient per-
sons having
goods on board
vessels,to make
entry thereof
on pain of
forfeiture.
AN ACT FOR TAXING TRANSIENT PERSONS.
WHEREAS, masters of vessels and other persons coming into this
Province with goods, wares and merchandizes, are, by their short residence,
liable to no taxes, though they enjoy all the advantages of trading people
settled in the Province, who contribute largely to the support of this
Government ; we therefore pray his most sacred Majesty that it may be
enacted,
I. And be it enacted, by his Excellency William Henry Lyttelton, Esq.,
Captain General and Governor-in-chief in and over the Province of South
Carolina, hy and with the advice and consent of his Majesty's Council,
and the Commons House of Assembly of the said Province, and by the
authority of the same, That immediately from and after the passing of
this Act, every master of a vessel arriving in any port in this Province
shall, at the time of entering his vessel, declare and set forth, upon oath,
before the comptroller, in the manifest of the lading on board his vessel,
to what person or persons the whole or several parts of the goods, wares
and merchandizes on board such vessel belong or are consigned ; which
oath shall be in the words following, that is to say, " I, A B, do declare
that the manifest by me delivered is a true manifest of all the goods, wares
and merchandizes on board the , of Avhich I am master, and that
the said goods, wares and merchandizes, on board the said vessel, are con-
signed to the person or persons (as the case shall require) set forth in the
same.
II. And be it further enacted by the authority aforesaid. That every
transient pesson who shall have any goods, wares and merchandizes in any
vessel arrived in any port in this Province, shall, within twenty-four hours
after the entry of such vessel made as aforesaid, make a fair and plain
entry, upon oath, of the several goods, wares and merchandizes by them
imported in such vessel, and the first cost of the said goods, wares and
merchandizes, at the offices of the comptroller and public treasurer or
receiver, upon pain of forfeiting all such goods, wares and merchandizes,
OF SOUTH CAROLINA. 75
to be seized and taken by the said comptroller, public treasurer, or receiv- -A- D- 1'^59.
er or waiter of any port of this Province ; one moiety of which shall go
to the use of such comptroller, public treasurer, receiver or waiter so
seizihg the same, and the other part to his Majesty, for the use of this
Province.
III. And he it farther enacted hy the authority aforesaid, That every
master of a vessel, or other transient person, importing any goods, wares -p^^^ ^^ j^g p^^jj
and merchandizes, shall immediately, upon making an entry as aforesaid, on goods of
pay or secure to be paid, within two months, to the public treasurer or *'".^"*"""' "T?"'
receiver, the following tax, that is to say, one pound for every hundred entrv.
pounds, on the first cost of the said goods, wares and merchandizes so im-
ported ; provided, such goods, wares and merchandizes are not liable or
subject to pay any duties in this Province ; and in case such goods, wares
and merchandizes are liable to pay any duties in this Province, then the
person or persons importing such goods, wares and merchandizes shall pay
to the public treasurer or receiver, only ten shillings for every hundred
pounds on the prime cost of such goods, wares and merchandizes, to
be comjjuted and ascertained according to the current coui'se of ex-
change between this Province and the port or place where the goods,
wares and merchandizes were shipped. And for the more exact and
certain settling the course of exchange, where any disputes about the
same may arise, it shall and may be lawful for the public' treasurer or re-
ceiver to get the same ascertained and fixed by a certificate under the
hands of two reputable merchants residing in the port where such goods,
wares and merchandizes shall be imported, which shall be binding, and
the tax paid agreeable to the same.
IV. And be it further enacted by the authority aforesaid, That every
master of a vessel and other transient pei'son who shall refuse or neglect*?" P"'" '^^
to pay or secure to be paid the duties hei'einbefore laid and imposed,
within the time prescribed, shall foi-feit such goods, wares and merchandi-
zes, to be seized and applied as aforesaid.
V. And be it ^urtker enacted by the authority aforesaid. That if any
goods, wares and merchandizes, upon which the tax imposed by this Act Drawback
shall have been secured or paid to the treasurer, and shall be by the im-^ ^^^^ °^ ^^'
porter of the same exported out of this Pi'ovince within six months after
the time of the entry thereof, then and in such case three fourths of the
tax which shall have been paid or secured to be paid by such importer,
shall be repaid or remitted to him, on oath being made that the said goods
are exported ; and the public treasurer is hereby directed to repay or re-
mit the same accordingly.
VI. Afid be it further enacted, by the authority aforesaid. That it shall
not be lawful for the public treasurer, comptroller or povvdei- receiver to ^^^^^1 ""t^ to
clear out any vessel bringing in any goods, wares and merchandizes, as (ju f^jg ^^.j i,e
aforesaid, before such goods, wares and merchandizes have been entered, complied with,
and the duty paid or secured as aforesaid.
VII. And be it further enacted bv the authority aforesaid. That if
• * IVT 1 ' f T
any master of a vessel, or other transient person, shall make a false entry ^^"t'^rl*'
upon oath of the value of any goods, wares and merchandizes, such mas- deemed per-
ter of a vessel or other transient person shall be deemed, and they areJ"''y-
hereby declared, guilty of wilful perjury.
VIII. And be it further enacted, by the authority aforesaid. That it shall
and may be lawful for the public treasurer or receiver and comptroller, to
receive and take, of the persons making such entry as aforesaid, one shil-
ling proclamation money for the entry, and the sanir fee for tltp oaih.
76
STATUTES AT LARGE
A. D. 1750. IX. And be it further enacted by the authority aforesaid, That this
''-^^^*^"^*^ Act shall be and continue of force for and during the term of seven years
Limitation to from the passing thereof, and from thence to the end of tlie next sessions
7 years. of the General Assembly, and no longer.
B. SMITH, Speaker.
In, the Council Chamher, the 1th Jay of April, 1759.
Absented to: WM. HENRY LYTTELTON.
No. 877. AN ACT for allowing of Discounts, and for repealing all
FORMER Acts and paragraphs of Acts of the General Assembly
OF THIS Province relating to Discounts.
Preamble.
WHEREAS, the laws of this Province relating to discounts are con-
tained in many sejiarate Acts of Assembly, under dift'erent titles, some of
which Acts are now near expiring ; we therefore humbly pray his most
sacred Majesty that it may be enacted,
I. A?id be it enacted, by his Excellency William Plenry Lyttelton, Esq.,
Captain General and Governor-in-chief in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the
authority of the same, That from and immediately after the passing of
^f Acts^^'^* this Act, the fourteenth paragraph of an Act entitled "An Additional Act
repealed. to an Act entitled an Act for establishing County and Precinct Courts,"
ratified the twentieth day of September, in the year of our Lord one
thousand seven hundred and twenty-one ; and also the first paragi'aph of
an Act entitled " An Act for authorizing the General Court, in Charles
City and Port, to exercise several powers and privileges allowed to the
county and precinct courts in this Province, and some other regulations,"
passed the twenty-third day of February, in the year of our Lord one
thousand seven hundred and twenty-two ; and also the sixth paragraph of
an Act entitled " An Act for making more effectual Wills and Testaments,
and for making valid all former Wills in this Province, aecording to the
. tenor of the same, and for putthig in force several useful matters therein
comprised," passed the ninth day of April, in the year of our Lord one
thousand seven hundi-ed and thirty-four ; and also the first paragraph of
an Act entitled " An Act for allowing nmtual debts to be discounted, and
for explaining the sixth paragraph of an Act entitled an Act for making
more effectual Wills and Testaments in this Province, according to the
tenor of the same, and fgr putting in force several useful matters therein
comprised," passed the twenty-ninth day of May, in the year of our Lord
one thousand seven hundred and forty-four — be, and they are hereby
declared, absolutely repealed, and null and void.
H. And whereas, it is necessary, for the sake of justice, and to prevent
Discounts or a multiplicity of suits, that some rule should be established with regard to
setoffs allovved cliscounts, in this Province, Be it therefore enacted by the authority afore-
in a.ctions oi . . *^ *^ *^
said. That in all actions whatever, brought for the recovery of any debt,
by any plaintiff, either in his own right or in the right of his wife, or as
executor or administrator of any person deceased, against any defendant,
either in his own right or in the right of his wife, or as executor or admin-
istrator of any person deceased, it shall and may be lawful for the defend-
ant, if he have any account, reckoning, demand, cause, matter or thing
the same
nature.
OF SOUTH CAROLINA. 77
against the plaintiff, to give the same in evidence, by way of discount ; A. D. 17W.
regard being always had to the cause of action, so that accounts, reckon- ^--^"■^^"^-^
ings, demands, causes, matters or things, relating to the defendant in his
own right, shall only be given in evidence, by way of discount to actions
brought against such defendant in his own right ; and so if such defendant
is sued in the right of his wife, or as executor or admhiistrator of any
person deceased ; and the same shall be noted, and judgment be entered ■
up for the balance only ; and if the plaintiff be found to be indebted to
the defendant, judgment shall be entered for the defendant, with costs of
suit, and execution go against the plaintiff'. Provided nevertheless, that „,
the defendant intending to discount any sum or sums of money, accounts, notice^ofret-off
reckonings, demands, matters or things, alledged to be due and owing to'" I'efjiyen to
him from the plaintiff, do make a copy of such sums, accounts, reckonings, P^*""'*^-
demands, matters, causes or things, which he intends to insist upon at the
ti'ial to have discounted, and deliver the same, with a notice of such inten-
tion, in writing, to the plaintiff" or his attoraey, at least twelve days before
the trial of the cause, to the intent that the plaintiff may be prepared to
disprove the same, if he see fit ; and the articles of such discount shall be
proved to the court where such cause shall be tried, in such manner as , '
plaintiffs are obliged to prove their debts and demands. Provided also,
that no such discount or set off' shall be admitted or allowed, contrary to ^° set-off
the intention and meaning of an Act of the General Assembly of this ry to' ml Tct™'
Province, entitled " An Act for settling the titles of the inhabitants of this therein men-
Province to their possessions in their estates within the same, and for ^'<*"^'^-
limitations of actions, and for avoiding suits in law," passed the twelfth
day of December, one thousand seven hundred and twelve.
III. And be it further enacted \)y the authority aforesaid. That this Act Limitation to
shall continue and be of force for and during the term of five years, 5 years.
and from thence to the end of the next session of the General Assembly
of this Province, and no longer.
B. SMITH, Speaker.
Li the Council Chamber, the 1th day of Ajjril, 1759.
Assented to: WM. HENRY LYTTELTON.
AN ACT for vesting the Ferry over Santee River, in the way leading
from Charlestown to Williamsburgh, commonly called Murray's Ferry,
in James Hunter, Executor of the last will and testament of Joseph
Murray, late of Craven county. Planter, deceased, in trust for and to
the only use and behoof of James Murray, an infant, only son and heir
at law of the said Joseph Mun-ay, his executors, administrators and
assigns, for a term of years therein mentioned.
(Passed April 7, 1759. See last volume.)
No. 878.
AN ACT to restrain and prevent the too frequent Sales of Goods, Wares No. 879.
and Merchandize, by Public Auction or Outcry in Charlestown, and for
the better regulation of such Sales.
(Passed April 7, 1759. See last volume.)
STATUTES AT LARGE
AN ACT to impower the Commissioners for building a Cliurch and Par-
sonage in the Parish of St. Michael, Charlestown, to purchase a lot of
land and house for a parsonage for the said parish, and to dispose of
and convey in fee simple such pews as shall be built in the said church,
and for repealing several paragraphs of the Act of the General Assem-
bly of this Province, for dividing the parish of St. Philip, and for
erecting the said parish of St. Michael, and a parsonage for the same.
(Passed April 7, 1759. See last vohwie.)
No. 881. AN ACT for preventing, as much as may be, the spreading of
MALIGNANT AND CONTAGIOUS DISTEMPERS IN THIS PROVINCE, AND FOR
REPEALING THE FORMER AcTS AND PARAGRAPHS OF AcTS HERETOFORE
MADE FOR THAT PURPOSE.
Preamble.
Pilots to take
an oath.
WHEREAS, this Province hath heretofore suffered very much by
malignant and contagious distempers, brought thereinto from sundry parts
abroad ; to prevent which calamity as much as may be, for the future, we
humbly pray his most sacred Majesty that it may be enacted,
I. And he it therefore enacted, by his Excellency William Henry Lyttel-
ton, Esq., Captain General and Govemor-in-chief in and over the Province
of South Carolina, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of the said Province, and by
the authority of the same. That all and every of the pilots of any port
and harbour in this Province, shall, within thirty days after the passing
of this Act, and all and every person who shall hereafter obtain a
branch to be a pilot in this Province, shall, upon his obtaining such branch,
take the following oath before any of the commissioners for the time
being, for regulating the pilots of the respective port or harbour for which
such person hath obtained or shall obtain such iDranch, which oath such
commissioner or commissioners is and are hereby respectively impowered
and authoi'ized to administer; and in case there shall be no such commis-
sioner, then before the next justice of the peace, that is to say : " 1, A B,
do swear that I will, before I enter on board any ship or vessel designed
for this Province, or on this coast, diligently inquire of the master or com-
mander of the same, whether any plague, malignant fever, small pox, or
other contagious distemper be on board the said vessel, or at the port
from whence she last came : So help me God." And every pilot who
shall refuse or neglect to take the said oath, as aforesaid, shall not be
permitted to act as a pilot for any port or harbour in this Province.
II. And be it further enacted by the authority aforesaid. That every mas-
ter or commander of every ship or vessel designed for this Province, is
to be eiven by hereby obliged to give, without any equivocation or reserve, true and
masters of ves- faithful answers to all inquiries of the said pilots concerning the same ;
and the said pilot is hereby required and commanded to acquaint the
master or commander of every such ship or vessel, that he shall not him-
self, nor suffer any of his sailors, passengers or people, to come on shore
fi'om on board any such ship or vessel ; neither shall the pilot nor any other
person or persons brmg the master or commander, or any of the said sail-
ors, passengers or people of such ship or vessel from on board the same,
True answers
sels to the
inquiries of
pilots.
OF SOUTH CAROLINA. 79
unless for the purposes hereinafter mentioned, until the said ship or vessel A. D. 1759.
be first admitted by the Governour or Commander-in-chief, or such other "^-^''^^^^'^^
person as shall be apppointed by the Governour or Commander-in-chief, No person to
at each respective port or harbour, for the time being, to enter and trade ; leave the ves-
but the said j^ilot, master or commander shall (wind and weather permit- ted bv ai"hor'-
ting, bring the said ship or vessel above Fort Johnson, or such other fit ity of the
place in each respective port and harbour in this Province as shall be here- "ovemor.
after appointed by the Governour or Commander-in-chief, or such other
person as shall be appointed as aforesaid for that purpose ; so that such
ship or other vessel may be under the command of the guns of the said
fort or place.
III. And be it further enacted by the authority aforesaid, That the To anchor un-
said pilot or pilots, having duly made the inquiries aforesaid, shall order d^r the guns of
the said ship or vessel so brought into each respective port or harbour in
this Province, to come to an anchor or lie by at a convenient place and dis-
tance, within the command of the guns of Fort Johnson, or of the guns
of the fort (where any is) of each respective port or harbour in this Pro-
vince, as aforesaid, and shall direct the said master or commander of the To make ai)pli-
said ship or vessel to make immediate application to the commander of *"'^''°r *° |-"i'""
the said fort ; and where there is or shall happen to be no fort, then to the fort,
person appointed for that purpose as aforesaid, for the time being, at each
port or harbour in this Province, respectively, as hereinafter is directed.
IV. And he it fiirtlwr enacted by the authority aforesaid, That if the jyi^gters to re-
master or commander of the said ship or vessel brought to anchor or lying port the con-
bv, as aforesaid, is incapable of repairing to the said fort or other place '^'"°". °* '^*^'^\'^''
01 tiicir vessels*
appointed or to be appointed for that purpose by the Governour or Com-
mander-in-chief for the time being, at each port or harbour in this Pro-
vince respectively where there shall be no fort, to make oath before the
commander of the said fort, or other person appomted for that purpose as
aforesaid, with respect to the state and condition of health of the said ship
or vessel's crew and passengers, (negroes and slaves, if any such) and
other people whatsoever then on board, or which (during her present
voyage) belonged unto her ; then, and in such case, the doctor (if any
there be belonging to the said ship or vessel) with any one other officer,
or where there shall be no doctor, then an officer and a common sailor,
shall apply himself or themselves to the commanding officer of the said fort,
or where there is no fort then to such person appointed for that purpose as q • , . ug
aforesaid, and before him shall answer truly to the following questions, answered on
upon his or their respective oath or oaths, which oath or oaths the said o^^^-
commanding officer or person appointed as aforesaid shall and he is hereby
required and authorized to administer, and to take the respective answers
thereunto ; that is to say, whether or not the place or port from whence
the said vessel came last was healthy ; whether or not all the sailors, pas-
sengers, (negroes or slaves, if any) and people, imported in the said ves-
sel, are in health, and free from the small pox, plague, malignant fever,
and all contagious distempers ; and if any of them shall happen to be sickj
then how many are so, and what distemper they and each of them are sick
of; whether or not any of the said sailors, passengers, negroes, slaves or
people, which were on board the said ship or vessel, died in their
voyage to this Province; and if any person or persons died in the said
voyage, how many of them, what distemper they died of, and how long Substance of
since. And in case the said master or commander, doctor, officer or com- ^^^ °?'-^ ?"^
., , 1 . II- I 1 1 n 1 • T-. examination.
mon sailor, belonging to such ship or vessel that shall come to this Pro-
vince as aforesaid, shall answer such questions on oath, as above mentioned,
and shall swear that all the sailors, passengers, (negroes or slaves, if any)
80 STATUTES AT LARGE
A.n. 175!). and people, imported in the respective ship or vessel to which the depo-
'"--'^"^^^^"-^ nent or deponents belong or came to this Province in, are free from the
small pox, plague, malignant fever, and all other contagious distempers,
and what ship or ships, vessel or vessels, he, or any of the ship's company
with his privity, went on board, or had any of their company on board his
ship or vessel, in the voyage, and to what place such ship or ships, vessel or
vessels belonged, and from whence she last came ; and if it shall appear to
the commanding officer of Fort Johnson, or any other fort or port or har-
bour in this Province, for the time being, respectively, upon such exami-
nation or otherwise, that the said ship or vessel's crew, passengers, negi'oes
or slaves (if any) and people are in good state of health, and free from all
infectious distempers, then he shall permit and suffer the said ship or ves-
sel to come up before Charlestown, Georgetown, Beaufort town, or other
In case of in- place, whereunto such ship or vessel shall be then respectively bound;
sal lo be exani- ^^'- ^^ ^^ shall appear to the Governour or Commander-in-chief, or such
ined, the vessel other person appointed as aforesaid, on examination had on oath, as herein
to be removed prescribed, that any sliip or vessel, or any of her crew, passengei"s, ne-
to QUitruntitic ■'■ */ ± '■/ _'io'
ground, gToes or slaves, or other people on board of or belonging to her, is or ai'e
infected with any malignant or contagious distemper ; or in case the per-
son or persons or any of them, so obliged to declare on oath as above
required, shall refuse or neglect to swear, as by this Act is directed, then
and in such case the said ship or vessel, with all her crew, passengers,
negi'oes or slaves (if any) and people, imported, shall be immediately com-
pelled to remove and come to anchor at such convenient place as the Gov-
ernour or Commander-in-chief of this Province for the time being, or, in
his absence, such j)erson as shall be by him appointed for that purjjose,
shall appoint, and there shall lie and perform quarantine, so long and in
such manner as his Excellency the Governour or the Commander-in-chief
£ov the time being, or, in his absence, the person by him appointed for that
purpose, shall see lit; and the master or commander of such ship or vessel,
and submit to appointed and ordered so to lie and perform quarantine, shall, during the
the apiiomted term and continuance thereof, receive, observe, obey and perform all such
rules and orders as the said Governour or Commander-in-chief shall judge
proper and necessary to issue from time to time in relation to the cleansing
and purifying such ship or vessel, and victualling her crew, passengers,
negroes or slaves (if any) and people, and likewise of the cargo, goods
and tackle that shall be imported in her.
V. And be it further enacted by the authority aforesaid. That no ship
No vessel from or Other vessel which shall come into the port of Charlestown aforesaid,
to eute'r ^ ^""^^ ^^ °"^ ^"^ P*^^'' ^^ place at which the commander of Fort Johnson for the
Charlestown. time being shall have received credible information that there is then
I'aging the plague, or any malignant fever, small pox, or other contagious
distemper, shall be permitted to pass by the said fort until some one of
the physicians hereinafter named, that is to say. Dr. John Moultrie, Dr.
1 • • David Oliphant, Dr. Alexander Garden, Dr. George Mulligan, Dr. Lionel
appomtcd.*^'^"^ Chalmers, Dr. Samuel Carne, Dr. John MuiTay, Dr. William MuiTay or
Dr. John Cleland, shall have visited such ship or vessel, and also certified
to the commander of the said Fort Johnson that all the sailors, passengers,
negroes or slaves (if any) and other people on board such ship or vessel,
are free and clear from any contagious or infectious distemper ; and the
owner or owners or master or commander of every such ship or vessel
rpi . . shall and is or are hereby obliged and required to pay such physician a
fee of seven pounds ten shillings cuiTent money, and moreover the ex-
pence of the boat and hands to carry down such physician to visit the said
ship or vessel and to bring him up again to Charlestown. Nor shall any
OF SOUTH CAROLINA. 81
ship or vessel, under the hke circumstances, be perniilted to enter any port A.D. 1759.
or harbour in this Province till some physician or person of experience, ^-^^^'"*^^
to be deputed by the persons appointed as aforesaid respectively, where Same rule os to
no phv>ician can be had, shall ha-\ e visited tiie said ship or vessel, and cer- "*''f I'"''.* ""'^
• /> ^ 1 " 1 r ■ 1 ^- 1 ..1 ^\ .11 !• 1 ■ limlionis 111 this
tified to such persons as aioresaid respectively, that to the best oi their p,.(,yi„gp_
judgment and belief, such ship or vessel and the crew, jiasscnigers, negroes
and slaves are fx'ee and clear from any contagious or infectious distemper;
for which he shall receive a fee of seven pounds ten shillings current
money, together with his expenses of going on board and returning, to
be paid in the manner aforesaid.
VI. And he it further enacted by the authority aforesaid. That in all
cases where ships or other vessels by this Act are directed to be visited '-''?"''''^ ^o ^^
1 1 • • 1 T «• " T-i T 1 I" • 1 1 n • made tor the
by a physician, the commanding otticer at r ort Jonnson aioresaid shall im- physicians to
mediately make a proper signal at the said fort, to notify that such vessel^'*''-
is to be visited ; and thereupon one of the said physicians shall tortluA ith
go down and visit and re])ort the true state of health of such ship o\ ves-
sel's crew, passengers, negi'oes and slaves (if any) and people as afoiesaid ;
and where any ship or vessel, under the like circumstances, l)Ound to any
port in this Province, is to be visited as aforesaid, then notice shall be
given by the person appointed at such port, as aforesaid.
VII. And whereas, it hath been found by experience that the importa-
tion of negroes and slaves into this Province, from the coast of Africa and Passengers and
elsewhere, doth endano-er the health of the inhabitants 'of this Province, '^^'^ 'I'" i"^*^
~ sprvfints to ug
by means of such negroes being often infected with the small pox and put on shore at
other malignant and contagious distemjiers ; and whereas, a pest house is f^l!^lvan's Isl-
already constructed on Sullivan's Island, near the entrance into the port j^jj^^j^ tp,j
and harbour of Charlestown aforesaid, for the reception of all infected days.
or distempered persons which shall be brought into this Province, Be. it
further enacted by the authority aforesaid. That no ship or t)ther vessel
which shall, from and after the passing of this Act, anive or come into
this Province, over the bar of the said port of Charlestown, with more
than thirty passengers or white servants, or ten negToes or slaves more
than the number that may be necessarily and really employed for the navi-
gating or sailing of such ship or vessel, shall be permitted upon any pre-
tence whatsoever to come up above Fort Johnson aforesaid, into Cooper
or Ashley rivers, in this Province, except as is hereinafter excepted, beibie
all the passengers, servants, negroes and slaves, so imported or brought in
such ship or vessel, shall have been landed or put on shore on Sullivan's
Island aforesaid, and there shall have remained for the space often days,
or have been caiTied on shore there five days in the space of the said ten
days, and shall have remained on such shore six hours in each of the said
days in the summer, or five hours of each day in the winter, that ihey
shall be so on shore in, at the party's own election, and until such time as
a certificate has been obtained from one of the physicians hereinbefore Port physician
named, or other person aforesaid, of the said crew, passengers, servants J9^'*'!'''^°" '|j®
and slaves being free from any malignant or infectious distemper ; which the vessel's
visit of the physician or person as aforesa,id shall not be inade before the arrival,
ninth day after the arrival of such ship or vessel. Which regulation is
hereby likewise directed to be observed at each port respectively in this
Province, by such persons respectively as shall be appointed by the Gov-
eiTiour or Commander-in-chief as aforesaid, before such ship or vessel shall
be permitted by such person as afi>resaid to enter the port or harbour
whereunto such ship or vessel is then bound ; any law, usage or custom
to the contrary in any wise notwithstanding.
VOL. IV.— IL
S:i
STATl'TES AT LAKC E
Person? iroing
on board
before llie
quarantinn is
expired, fIuUI
remain till
A.F). 17.)9. VIII. And he itfurtlicr nidcfeil by tl)e authority aforosaid, Tliat in case
'"-^'"''^^**^ any ncfrnies or slaves so imported and brought into this Province over the
JVegroes and bar of Charlestown as aforesaid, shall be sold, landed or put on shore in
!!l!!y,?.,''^'Jl''',i' ^"y P^^'t o^" the said Province, contrary to the true intent and meaning: of
contiaivto tlie !•« iii* i ii i ittt
direction ofthis tnis Act, and heiore such negi'oes or slaves have been landed and remain-
Act, to be for- ed by the space often days, or carried and remained on shore five days, on
^Sullivan's Island, as aforesaid, (unless such negroes or slaves, upon just
apprehension of an hurricane or other threatening disaster, shall be order-
ed by the Goveniour or Commander-in-chief for the time being, to be
removed fiom thence to some other place for safety, in this Province,
without the limits of Charlestown aforesaid,) where such vessel shall be
purified, and the slaves be landed, as is directed to be done at Sullivan's
Island, that then all such negioes and slaves shall be and are hereby de-
clared to be forfeited, and shall be sued for, recovered, applied and dis-
posed of as hereinafter is directed.
IX. And he it further enacted by the authority aforesaid, That in
case any person or persons whosoever (not having the permission of
the Governour of this Province or the Commander-in-chief for the time
being, as aforesaid, lor so doing) shall go on board any ship or vessel per-
fomiing (juarantine, or shall presume to land or go on shore at Sullivan's
Island aforesaid, while any ship or other vessel's crew, passengers, negioes,
slaves or other people are there perfi)rmmg such quarantine as aforesaid,
quarautnie is ^\\ and every such person and persons shall be and he, she or they is and
are hereby required and oblised to remain on board such ship or vessel, or
at Sullivan's Island aforesaid (as the case shall happen to be) until the
term or time which such ship or vessel, or her crew, passengei's, negroes,
slaves or people so obliged to jierform quarantine as aforesaid, shall
be expired; and moreover shall forfeit and lose, over and besides
all and every the canoe and canoes, boat and boats, with the goods
and tackle which shall be found therein or thereto then belonging,
in and with which such person or persons so oflending went on board
such ship or vessel, or landed from upon Sullivan's Island, while such
ship or vessel, or her crew, passengers, negroes, slaves or people shall
be performing quarantine as aforesaid, the sum of fifty pounds proclama-
tion money each person, to be sued for, recovered, apjilied and disposed
of as is hereafter directed ; and in case any such ofiender or oft'enders
shall not pay the said penalty, upon his, her or their conviction of the said
ofience, or shall neglect or refuse to give special bail to the action, imme-
diately after the service of the writ or warrant, or shall happen to be a
slave or slaves, it shall and may be lawful to and for the chief justice of
ty, shall suHor l^'iis Province for the time being, or any of the assistant judges, or any two
such corporal justices of the peace of the county wherein such offender or offenders shall
pimiMmtn as ],-jppg,j ^^j \^q^ ^j^^j ^^ ggj^j chief justice, assistant judge or judges and jus-
tices of the peace are hereby respectively authorized and required, upon
proof of the matter, summarily to order the provost marshal or keeper of
the common goal, or the next constable of the said county, to inflict or
<?aus3 to be inliicted, on such offender or offenders, such corporal punish-
ment, not extending to life or limb, nor less than thirtj'-nine stripes on the
bare back, in some public place or places, as the said chief justice, assist-
ant judges or two justices of the peace respectively, shall judge proper and
adequate to the offence, and immediately after such juunshment such
offender or offenders shall be discharged.
X. And. be it further enacted by the authority aforesaid. That no master
or commander, doctor, officer, seaman, passenger, or other person or per-
sons whatsoever, arriving in any shijo or other vessel infected, or that shall
be performing quarantine in this Province, shall be permitted to come on
And also
forfeit their
canoe or boat
Also £.50,
proclamation
nionej'.
Or in case of
want of proper
the jiulEres or
justices shall
direct.
IVo person to
come on shore
without per-
mission.
OF SOUTH CAROLINA. 83
shore in any part uf tlie said Province, (otherwise than is, in and by this A. 1). 1759.
Act, directed and provided,) nntil the term or time that shall be appointed ^-^''■v->»^
and limited for such ship or vessel to perform her respective quarantine ;
or that such nes^roes or slaves imported into this Province in her, and liable
to continue ten days at Sullivan's Island as aforesaid, shall be expired ; and
in case any such master or commander, officer, doctor, seaman, passenger,
or other Tierson or persons as afo}'esaid, shall offend herein, he, she or they P^/^""^ ^^
1 ,1 1 • T T 11 11 1 i_ 1 • 1 ofiendiii!: lo be
shall be immediately sent back to and on board such ship or vessel so per- ^ent back and
forming quarantine, or to Sullivan's Island aforesaid, or other place (as the fi"ed £oO.
case shall happen to be) frcjm whence such offender or offenders came,
who for such offence shall severally forfeit the sum of fifty pounds procla-
mation money, to be sued for, recovered, ajjplied and disposed of in such
manner as is hereinafter directed.
XI. A/td lie it further enacted by the authority aforesaid, That the master
or commander of every ship or othervessel that shall hereafter come over the '^^^^^'i'!'' i"*^/-
bar of the harbour of Charlestown aforesaid, with negroes or slaves, more pass^ina' the bar
than such and so many as are hereinbefore limited, l)efoie such ship or "t <-"li»J"lestown
vessel be permitted to pass Fort Johnson aforesaid, shall be, and he and jl'.vi'lla compli-
they is and are hereby obliged and lecjuired, to make oath before the com-ed with the
mander of the said Fort for the time being, that he and they respectively directions of
have or hath complied with the directions of this Act, in relation to the
landing and carrying on shore the negroes or slaves \\hich were imported
in his or their ship or vessel, at Sullivan's Island as aforesaid, which oath
the said commander of the said fort is hereby also required and impower-
ed to administer accordingly.
XII. And he it further enacted by the atithority aforesaid. That the
commanding officer at fort Johnson, and at every other fort, in any other Commandor of
port or harbour in this Province, for the time being, do not, nor shall ^i^c not^'io^per-
pennit any such ship or vessel, coming into this Province, to pass their mit a vessel to
respective forts ; nor shall the masters or commanders, officers or seamen P'"**? ^^^^ exam-
to such ship or vessel respectively belonging, presume to pass the same,
until he or they shall have been examined upon oath, as hereinbefore is
directed a,nd permitted so to pass with such ship or vessel : Provided
always nevertheless, that in hurricanes or extremity of weather, when
ships or vessels cannot, without apparent danger, ride at anchor in their Permission in
prescribed roads, under quarantine, that then and in all such cases, the aml'^^aii^jrousT
respective masters and commanders of such ships or vessels may and weatli«;r?
shall, and they and every of them are hereby permitted to weigh or slip
anchor, and tf) make the best of the way to the most safe and commodious
place up the respective river or rivers, creek or creeks, that they can reach,
for their security, until the said hurricane or extremity shall be over, and
then shall immediately weigh anchor again, and (if possible) return and
come to anchor at the respective road or roads from whence the said shij)
or vessel weighed or departed as aforesaid ; but in case she or they shall
be by any means prevented from returning as aforesaid, then such ship
or ships, vessel or vessels, shall remain there until the Governor or Com-
mander-in-chief for the time being, shall give further orders concerning
the same.
XIII. J^«(i Z»e /^y^/r^Z/c;- rartrfc^ by the authority aforesaid. That when
any pilot or pilots shall go on board any ship or vessel that shall be piiot to be paid
obliged to lie or perform quarantine as aforesaid, the master or comman-~f's- proclama-
der of every such ship or vessel, his executors or administrators, shall be, ||'^" money per
and he and they is and are hereby obliged and required to pay unto such
pilot or pilots, his or their respective executors or administrators, the sum
of twenty shillings proclamation money, for every day that such ship or
Unless tlie
84 STATUTES AT LARCJE
A. r).l7o9. vessel, her crew, passengers, negroes or slaA'es (if any) and people, shall
be obliged to perform cjuarantine as aforesaid, in recompence for each
pilot's loss of time while lying quarantine : Provided always, that in
case it can and shall be made appear on the part or behalf of such master
master inform- ^r commander, by the oaths of any two or more competent witnesses,
ed the pilot of that the said master or commander duly acquainted such pilot or pilots,
some contagi- ]jgf,),.g |jg ^yj. thev entered on board such ship or vessel, that the said ship
ous disorder on i i i ' ■ t ^ i j c i i i
board, or the or vessel had some contagious distemper on board ot her, or that tlie
pilot omitted a pilot or pilots omitted to ask the necessary questions requii'ed by this Act,
nation. ' then such pilot or pilots shall have no such recompence as aforesaid ; any
thing hei'einbefore contained to the contrary notwithstanding.
XIV. A/id be it further enacted by the authority aforesaid. That in case
In case of falsfi the master or commander, doctor, or any of the officers or common sailors
information or ^f ^j^y gj^j,-, qj. vessel, shall wilfully frive a false account of the state of
answers on , , ,' ^ ^ ^ , . -, d i
examination, health oi any or the said vessei s crew, passengers, negroes or slaves,
(where any there shall be) or people, as aforesaid, or untrue answer to
any of the question? hereinbefore appointed to be put to them, and to be
by them answered on oath, or if they or any of them, oi the commander
of fort Johnson, or of any other fort built or that shall be built in any
other port or harbour of this Province, or any person or persons appointed
as aforesaid, respectively, or any pilot or pilots appointed or that shall be
appointed for any of tlie ports or harbors in tliis Province, shall ofiiend in
any of the premises, or refuse or neglect to do and perform all and every
the matters and thinijs which by them respectively are by this Act requir-
ed and enjoined to be observed, done and performed, they and each of
them respectively, (where no penalty is hereinbefore provided and ap-
pointed for such particular offence or offences) shall be subject and liable
Fines and pen- to the following pains, penalties and forfeitures : that is to say, the master,
allies to be commander or doctor of such ship or vessel, to the sum of two hundred
such case! pounds proclamation money, and one year's close imprisonment, without
bail or mainprize ; the mate or any other officer of such ship or vessel,
to the sum of one hundred pounds proclamation money, each of them
respectively, and six months close imprisonment, without bail or mainprize ;
any and every of such common sailors of such ship or vessel, to tlie sum
of ten pounds proclamation money, each t)f them respectively, and three
montlis close imprisonment, witht^ut bail or mainprize ; the commander
of fort .lohnson, and of every other fort in any port or harbour in this
Province, each of them respectively, to the sum of one hundred pounds
proclamation money ; and the pilot or pilots aforesaid, to the sum of one
hundred pounds proclamation money, each of them respectively, and shall
also be incapable of acting again as pilot or pilots, to or for any port or
harbour in this Province.
XV. And he it fartker enacted by the authority aforesaid. That in the
This Act to be several ports and harbours of Georgetown, Winyaw, Beaufort, Port
put in '"'■'^'^J.f Roval, and every other port and harbour in this Province, that is or shall
every port oi • ^ -. ^ . .
entry. be made a port of entry, the Governor or Commander-in-chr^f of this
Province for the time being shall, and he is hereby authorized, to put in
execution all tlie powers herein granted to the proper officer and persons
in and appointed for the said port and harbor of Charlestown, as near as
may be, agreeable to the purport, true intent and meaning of this Act ;
and that all and every officer and officers, person and persons, which shall
be appointed for those salutary purposes, shall on all occasions immedi-
ately transmit true R.ccounts to his Excellency the Governor, or to the
Commander-in-chief of this Province for the time being, of the condition
and state of health of all persons of whatsoever denomination, in every
OF SOUTH CAROLINA. 85
ship or vessel coming into this Province, on board of which any contagious A.T). 1759.
of malignant distem})er may be, or suspected to be, or that shall be liable ^-'^~^^~"^^
to lie quarantine as aforesaid, and shall likewise well and duly observe ^^
and follow all such further directions concerning the same, as he or they jj,'[j,g'Qj^yg°"*
shall from time to time receive from the Governor or Commander-in- nor to be com-
chief for the time being; and the said officer and officers respectively, shall P^"^'' ^''''•
each of them, for the neglect or non-performance of his or their duty
therein, be under and subject to the same penalties and incapacities, as in
and by this Act is imposed on the commander of fort Johnson for neglect
of duty as aforesaid.
XVI. And he it further enacted by the authority aforesaid. That all
the tines, penalties and forfeitures inflicted and imposed by this Act, and How fines and
not particularly disposed 'of nor the manner of recovery ascertained or forfeitures are
directed, shall be sued for and recovered in any court of record in this ^° ^ recovered.
Province, by action of debt, bill, plaint or information, wherein no essoin,
privilege, protection or wager of law shall be admitted or allowed of, nor
any more than one imparlance ; one moiety or half part of which fines,
penalties and forfeitures shall go aud belong to his Majesty, his heirs and
successors, for the use of this Province, to be applied and disposed of as
the General Assembly of the said Province for the time being shall order
and direct, and the other moiety or half part thereof, to him, her or them
who will inform, sue for or prosecute the same to effect ; and the defen- By qui tam
dant and defendants, in every such action and actions, which shall be
brought for the recovery of any fine, penalty or forfeiture aforesaid, shall
be held to special bail as aforesaid ; any law, usage or custom to the con-
trary thereof in any wise notwithstanding.
XVII. And be it further enacted, by the authority aforesaid. That in case
of neglect or failure of any informer or informers, to sue effectually for Public treasur-
all or any of the fines, penalties and forfeitures that shall be incuned by '^''™^^ *"^"
any offender or offenders, against the authority of this Act, then and in
every such case the public treasurer of tins Province for the time being,
shall and he is hereby strictly obliged, enjoined and required, immediately
upon information thereof, to prosecute and sue to effect, all and every
such offender and offenders ; and in case the said public treasurer, after
notice shall be given him of such offence or offences being committed as
aforesaid, for which the offender or offenders is or are not, or hath or have
not been effectually sued or prosecuted as aforesaid, shall refuse or neglect
to prosecute the said offender or offenders effectually, then the said public His forfeiture
treasurer shall forfeit and pay the sum of two hundred pounds proclama- ^°j^"^^ ^^
tion money, to be sued for and recovered, applied and disposed of as in
and by this Act is before directed for and concerning the other fines, pen-
alties and forfeituies thereby infficted.
XVIII. And he it further enacted by the authority aforesaid. That in
case any officer or officers, pilot or pilots, or other person or persons General issue
whatsoever, shall be sued or prosecuted tor any matter or tlimg by nim, ed, and this Act
them or any of them done or to be done, in pursuance and execution of giyen in
the directions contained in this Act, it shall and may be lawful, to and
for such officer and officers, pilot and pilots, and other such person and
persons, or any of them, to plead the general issue, and give this Act and
the special matter in evidence ; and in case the plaintiff or plaintiffs, pro-
secutor or prosecutors, in any such action or suit, shall discontinue,
become nonsuit, or a verdict shall pass against such plaintiff" or plaintiffs,
prosecutor or prosecutors, it shall and may be lawful to and for the court
in which such action or actions shall be sued, prosecuted or commenced,
to tax and allow to every defendant therein, his and their treble costs of .
80 STATUTES AT LARGE
A. D. 1759. suit, for which the defendant or defendants shall have the like remedy as
"— ''"^^^'^^ by law is given to other defendants.
XIX. And be it further enacted by the authority aforesaid, That all and
Certain Acts every former Act and Acts of Assembly of this Province, made for pre-
and parts of venting the spreading of contagious -or malignant distempers, as also the
Acts repealed, f^^^j^j.^ii' p-^j-agiaph of an Act entitled " An Act to revive and continue the
several Acts of the General Assembly of this Province therein mention-
ed," and for amending one of the said Acts entitled " An Act for the
better restraining seamen from absenting from their service, and for
encouraging the apprehending and securing of fugitive seamen, and to
discourage frivolous and vexatious actions at law being brought by seamen
affainst masters and commanders of ships and other vessels ;" and also
another of the said Acts for preventing contagious distempers, passed the
thirteenth day of April, in the year of our Lord one thousand seven bun-
dled and fifty-six, and by which paragi-aph a certain number of physicians
were nominated and appointed for the visiting of ships and vessels coming
to this Province, be and they are hereby declared to be repealed and
utterly null and void to all intents and purposes.
XX. And he it further enacted by the authority aforesaid, That this Act
Limitation five g^j^^j every thino- herein contained, shall continue of force for the term of
jears. ^^^^ years from the passing thereof, and from thence to the end of the
then next session of the General Assembly, and no longer.
BENJAMIN SMITH, Speaker.
In the Council Chamber, the 1th day of April, 1759.
Asnentcdto: WILLIAM HENRY LYTTELTON.
JVb. 882. -lAT^ ACT for the more effectual relief of Insolvent Debtors ;
AND for that purpose PUTTING IN FORCE, AND EFFECTUALLY CARRV-
ING INTO EXECUTION, IN THIS PROVINCE, SUCH PART OF AN AcT MADE
IN THE Parliament of Great Britain, in the second year of his
PRESENT Majesty's Reign, entitled An Act for the Relief of Debt-
ors with respect to the imprisonment of their persons, as is hereinafter
mentioned; and to repeal the several Acts of Assembly now
of Force in this Province, for the Relief of Insolvent
Debtors,
WHEREAS, the several Acts hei'etofore made in this Province, and
Preamble. Still remaining of force, for the relief and discharge of poor, distressed
and insolvent prisoners for debt, have proved ineffectual, in a great mea-
sure, to answer the salutary and good ends intended by such acts : And
whereas, many idle and extravagant persons have been encouraged to
contract many debts beyond their capacity of ever paying, and otheis to
submit themselves to a prison, and there spend what would make their
creditors reasonable satisfaction : And whereas, there may be many
others who are proper objects of compassion, and may be willing to satisfy
their creditors to the utmost of their power : Be it enacted. That if any
person or persons whatsoever, shall be hereafter sued, impleaded or aires-
ted, for any debt, duty, demand, cause or thing whatsoever, (except for
such matters, causes and things as are hereinafter excepted) and shall be
OF SOUTH CAROLINA. 87
minded to make surrenderor all his, her or their effects towards satisfac- A. D. 1759.
tion of the debts wherewith he, she or they stand charged, or in which he, ^-^'"^^"^^
she or they shall be indebted to any person or persons whatsoever, it If any person
shall and may be lawful for every such person or persons, within one lifpf/'p'' *^"«1'
. '^ilJlll DP lilllltlPCi
*nionth after he, she or they shall be taken into custody, to exhibit a peti- to suironderall
tion to any of the courts of law from whence such process issiied, certify- 'I's estate to-
ing the causes of his, her or their imprisonment, together with an account hi2'^hi/ci'e[!ts^'
of his, her or their real and personal estate, with the dates of the securi- he may within
ties wherein any part of it consists, and the deeds, notes or vouchers ? .'".""''" ^:^".
, . , 4 T r ^ ■ 1 /> 1 • hibit a petition
relatmg tliereto, and the names oi the witnesses to the same, as tar as Ins, to any court of
her or their knowledge extends therein ; and upon such petition, the '^^^ whence
court may, and is hereby re(]uired, liy order or rule, to cause the petition- alj^'inst him
er to be brought before them, and as well the cieditoi'S at whose suit such certifyins; the
person or persons'shall stand chartjed, as all other the creditors to whom?""®?°' ^® ^
T 1 1 1 11 1 ' • T 1 1 1 11 11- ■ 1 imprisonment,
he, she or they shall be indebted, be summoned by public notice to be together with
given three *months at least in one or other of the Gazettes, or for want^'.^ account of
of a Gazette, then in such manner as the said court, or the justices there- „.,(,„ ^ylji^.Jj pe.
of, shall diiect, personally or by their attorney, to appear at the said court, tition the court
or before the said justices of the said court respectively, at a day certain, pp^jjj^°[g^^^p^*'
by them for that purpose to be appointed, at or after the expiration of the fore them, and
said three months ; and upon the day of such appearance, if any of the '^'^'^ .'^•'^'^'!°T® "'^
. such OGtitioiiGi"
creditors so summoned shall neglect or refuse to appear, upon affidavit i,e summoned
made of the service of such rule or order, in manner aforesaid, the court t" appear by 3
shall, in a summary way, examine into the matter of the said petition, and JJ|j°"pJ*^'j"gjj'°
hear what shall be alledged for or against the discharge of the said peti- tlie court shall
tioner ; and uiion such examination, the court, or the justices thereof, e'^a"""'' "ito
X ^ ' ^ ^ ' l' , , ' the matter of
may, and are hereby required, to administer or tender to the petitioner an paid petition,
oatii in the following words : and hear what
" I, A B, do solemnly swear, in the presence of almighty God, that lecHororaffainst
have been a prisoner in the common goal of this State, *from the time of tlie petitioner's
my being an-ested, or *within ten days after, at the suit of , "'^charge.
without my consent or procurement, and without any fraud or collusion r. .i . i j
J 1 , / 1 11- i'. 1-1 11 Oath to be ad-
whatsoever; and that the account by me delivered into this honorable ministered to
court, with my petition to this court, doth contain a true and full account ^^^^ petitioner.,
of all my real and personal estate, debts, credits and effects whatsoever,
without exception, which 1, or any person in trust for me, have, or at the
time of my said petiti(jn had, or am, or was in any respect entitled unto,
in possession, remainder or reversion ; and that I have nf)t at any time
since my being sued, arrested or imprisoned, or before, directly or indi-
rectly, sold, leased, assigned, or otherwise disposed of, or made over in
trust for myself or otherwise, other than as mentioned in such account,
any part of my lands, estate, goods, stock, money, debts, or other real or
personal estate, whereby to have or expect any benefit or profit to myself,
or to defraud any of my creditors to whom I am indebted ; and that I
will, to the utmost of my power, endeavour to (collect all and singular the title
deeds to my lands, together with the remainder of my goods and effects
contained in my said account, and the vouchers relating to or concerning
the same, wheresoever or in whosoever hands they may be within this
Province, and will surrender the same to my assignee or assignees as soon
as possible, after my discharge : and that I have not expended more than
6s. 3d, per diem, out of my estate for my subsistence, since I have been a
prisoner as aforesaid. So help me God."
* >Sec section Gtli of A. A. February 29th, 1788.
88 STATUTES AT LARGE
A. D. 1759. And in case the prisoner shall take the said oath, and upon such exaini-
^-^''^^''•*^ nation, and his or her taking the said oath, the said court shall he satisfied
After the peti- with the truth thereof, the said court shall he, and they are hereby, empow-
tioner's taking ered, hrst to give and deliver up to the said petitioner so much of the
Ihe court'^may necessary bedding and wearing apparel of him and his family, his working
deliver up so" tools, and arms for muster, as they shall judge most suitable to his former
b"'dtim°' a'^a- station and condition in life; and immediately thereupon, they shall order
rel,Voo'ls,Tc! th(? lands, goods and effects contained in the said accounts, or so much of
as thay shall them as may be sufHcient to satisfy the debts wlierewith such petiticjner as
fe'h'r^ipmi' aforesaid shall be changed, and the fees of the keeper of the goal where
order the laiuls, j^uch petitioner shall be in custody, together with the costs of suit which
f ffect^Toliiaiii- «^>^^^ ^^^ incurred on the suit or prosecution commenced against such peti-
edln his a"-'""' tiouer, and all other costs and fees which shall arise or become due upon
count, to be as- ,Qgg^,^^j^j^g and obtaining his discharge, by a short indorsement on the
somfci^'dTtJr" back of his°or her petition, signed by the petitioner, to be assigned to the
in trust for so creditor or creditors at whose suit such petitioner stands charged, or to
™^Ulin- 'to'' such other person or persons as the said court shall direct ; and that the
receive a'divi- assignment so to be made as aforesaid, shall be in trust for the suitor or
dend and do- gjiitoi-s, and such other the creditors of the said petitioner as shall be
3n twou'r willing to receive a dividend of his real estate, goods and effects, and shall
months, by within twelve months after the time of exhibiting the petition make their
^She nfo ' demands ; and by such assignment the estate, interest and proi)erty of the
IIlcilL IIIC- IJIW ' •' "•Tin" 1 * *1 4-
perty shall be lands, eoods and ellects so assigned, shall be vested in tlie persons to
vested in the ^jj^m such assignment is made, who may take possession of, or sue for
mysue; Ic! the same in his or their own name or names, in like manner as assignees
And the peti- i„ commission of bankrups can or lawfully may do by the laws or statutes
execut"n-° such of Great Britain; to which suit no release of such petitioner, his, her or
assi.enin?nt, their executors or administrators, or any trustee from him or her, subse-
dischlr''ed"^ quent to such assignment, shall be any bar ; And the said petitioner upon
from alf c'redi- executing such assignment (and when he shall have delivered up into the
tors suiu^ or j^ands of the said assignee or assignees, all and singular his title-deeds,
dend ^ " '' vouchers and ettbcts contained in his said account, so far as in his power
so to do) shall be forthwith discharged, by order of court aforesaid, from
such suit or suits, and shall also thenceforth be acquitted and dischai-ged
of, from and against all such other of his or her creditors as shall have
received their dividend as aforesaid, for all debts, contracts and (lemands
whatsoever : Provided, that such debtor or debtors shall also, within six
But may be re- j^j^^l^g ^f^^^ g^^l^ j^jy ^^ ^j^jji^ discharge, deliver up to the said assignee
if he does^noT End assignees, all such goods and effects contained in the said schedule,
deliver up his as shall be afterwards in their power to deliver : And in case any such
Sd'lime debtor or debtors shall neglect or refuse so to do witliin the time aforesaid,
it shall and may be lawful for the said justices, upon the application, upon
oath, of the said assignee or assigness, again to remand the said debtor or
debtors to prison, there to remain, unless good cause shall be shewn by
him or them to the contrary, until he or they do fully comply with the
terms of this law. And provided, that nothing herein contained shall
extend to discharge such debtor or debtors from or against the debts,
claims or demands of such of the petitioner's creditors, as shall not have
received their dividend of the said petitioner's estate, goods and effects.
II. And provided also, That no such creditor or creditors who shall either
or^to'an in'so"" accept or refuse a dividend of the said_ petitioner's estate, shcill be at
vent debtor's liberty to sue, implead or arrest such petitioner, for any debt or debts, or
sue SS'than demands whatsoever, contracted, due or owing to or with anysuch credi-
12 months after tor or creditors, at or before the time of preferring the petition of such
his discharge, ^gbtor or debtors, whereby to charge the person or persons of such debtor
OF SOLTTH CAROLINA. S9
or debtors in the custody of tlie provost marsliall or gailor, in less than A.D.^T^
twelve months after his, her or their discharge by virtue of this Act. ""-^^
III. And be It further enacted. That the person or persons to whom the ^^^^^^^^^ j^
said assignments' are made, shall be, and are hereby declared^o be, trus- trusUbr the
tees for all and singular the creditors of the said petitioner, Avho are wil- ^rcaiuu-s of ^^^
ling to come and receive then- dividends, and who shall within twelve JJJ.^^°j'^^"ct'ed
months after his discharge deliver unto the said trustees, or any of them, how to act.
an exact account, upon oath, of the several debts and demands to them
owing ; and the said trustee or trustees, after having sold the said petition-
er's lands and effects, and collected in the several debts due to him, which
they are hereby required to do with the utmost expedition, shall thereout
first satisfy and discharge the said costs of suit and other costs and fees afore-
said, and shall next deduct and retain, in his or their own hands, a reasonable
recompence for his or their trouble in executing the said trust, to be fixed
and allowed by the court by whom such person or persons was ap-
pointed trustee or trustees. And such trustee or trustees shall, within
one month thereafter, divide the remaining balance of the said estate,
among sucli of the creditors who deliver in the amount of their demands
within the time aforesaid, according and in proportion to their several
and respective debts ; first giving three months jiublic notice of the time
and place when and where' such' division is to be made. And in case it
shall happen that the \vhole of the petitioner's estate shall not have come
to the hands of the said trustee or trustees by the time prescribed for
making such division, then such trustee or trustees shall be obliged, and
they are hereby required, at the end of every six months thereafter, to
make a dividend of so much of the same as shall come to his or their
hands, amongst such creditors as aforesaid, until the whole shall be
received.
IV. And all and every person and persons to whom any of the estate, jj^rtgages
real or personal, of the said petiticnier, is or shall be assigned, mortgaged mader by insol-
or otherwise conveyed in trust, or the attornies, agents, executors or ;^^^\\\^i^^g^'J,°';f^g„
administrators of such jaerson or persons, shall at the time and place ;„ ^,^^^.(^^^2,1
appointed by the said court for the appearance of the creditors of the the creditors
t" . . • , 11 T T ■ ^1 •! 4. f„;,. „„r.^m,Tfr are suniinoned
said petitionei-, then and there deliver into the said court a tau accompt ^^ ^^^^^^ ^j^^^.^^
or accompts, on oath then to be administered by the said court, of all the and if it appears
monies that are really and bona fide due and owing unto them, or either |l||jre^s^mo.-e^^
of them, in right of themselves or testators, intestates or constituents, f^, ^^e debt
from such petitioner, upon such mortgage, assignment or conveyance : ^^•j^'|.^^^^;^^'?®
And if the estate so conveyed shall to the said court appear to be more than ^°^,'^j. ^'^"^^^
sufficient to satisfy the said sum or suras of money so due upon the said mortgaged
accompt or accompts, they shall order, and they are hereby respectively ^'^^".^
authorized to give orders to, the said trustees or either of them, to sell
and dispose of such estate, at public outcry, to the best advantage, in not
less than one month thereafter, and not exceeding twelve months ; and
the monies arising from such sale, the said trustees shall apply, first
towards discharge of the said sum or sums so due unto such assignee,
morto-agee, or other person or persons to whom such conveyance was made
as aforesaid, and the residue thereof shall pay and apply in like manner
as other parts of the aforesaid petitioner's estate are hereinbefore
directed. .
V. Provided, That any trustee or mortgagee, who shall be, at the time
of this notice aforesaid being given, out of the bmits of this Province, and
who have no attornies, factors, managers or agents, who can be summon-
ed within the time mentioned in the notice hereby required to be given,
shall have such further time and indulgence, to dehver into the said court
VOL. IV.— 12.
90
STATUTES AT LARGE
A. D. 1759. a fail arcompt or acconipts of all the monies that are really and bona fide
due and o\ving unto them, in manner aforesaid, as the said court shall,
upon application for that purpose, under the circumstances of the case,
think needful or expedient ; and that such absent trustee or mortgagee,
their attornies, factors, managers or agents, who cannot be summoned
debts, as the
court shall
think needful.
Affidavits ad-
appear.
Such further
tim3 allowed
to absent mort-
gasees, as- - - • ^ .- i i i c i • i * «.
si-nees, &c. to within the tune aforesaid, shall transmit to the clerk ot the said court, at
rove their ^j. i^^i\yj.Q i\^q time to be ajipointed by the court for that pui-pose, a fair
and attested accompt or accompts of the monies due upon such convey-
ance or conveyances, as is hereinbefore directed ; and that such affidavit
and return shall be, and is hereby declared to be, as sufficient and effec-
tual, to all intents and purposes whatsoever, as if they, or any of them,
had appeared with such accompt or accompts before the said court, in his,
her or their proper persons. Provided also, that such affidavit, so to be
transmitted as afn'esaid, shall be taken in manner and form as is required
by an Act of Parliament jiassed the fifth year of his present Majesty,
entitled *" An Act fi>r the more easy recovery of debts in his Majesty's
Plantations and Colonies in America."
VI. And if any person or persons to whom such conveyances is or
shall be made, his, her or their attorney, agent, executors or administra-
mitted as proof, ^^^.g^ ^j. ^^^ ,^f them, shall by sickness or other lawful impediment be
are'unrbTe°o' unable to appear, at the time' and place hereinbefore appointed ; and if
affidavit shall be made and taken upon such his, her or their mabily to
appear and attend as aforesaid ; and if with such affidavit he, she or
they shall transmit to the clerk of the said court, at or before the said
appointed time, such fair and attested accompt or accompts of the money
due upon such conveyance or conveyances, as is hereinbefore directed,
such affidavit and return shall be, and is hereby declared to be, as sufficient
and effectual, to all intents and purposes whatsoever, as if they, or any
of them, had appeared with such accompt or accompts before the said
court in his, her or their proper person or persons. Provided, that such
affidavit shall be taken before, and certified by, two justices appointed to
keep the peace within this State.
VII. In case any debtor, at any time before his or her being taken into
custody, shall have made any conveyance, bill of sale, or assignment, of
any lands, tenements, goods or chattels whatsoever, to any person or
persons whosoever, all and every such person and persons to such mort-
gage, bill of sale, assignment or other conveyance, that is or shall be
m^de as aforesaid ; or Tf his or their attorney, agent, executors or admin-
istrators, shall not appear before the said court, at the time hereinbefore
appointed for the appearance of the creditors of such insolvent debtor ;
nor in case of their or either of their sickness or other lawful impedi-
ment, shall transmit such affidavit and attested accompt as is hereby direc-
ted ; and then and there make oath, that such mortgage, bill of sale,
assignment or other conveyance, was made, to the best of their know-
ledc?e and belief, for a valuable consideration actually paid; or that such
judgment was for a debt bona fide due ; then every such person or per-
sons, his, her or their attornies, agents, executors or administi-ators, shall
be deemed to have taken and accepted from the said petitioner a false
and feigned trust, with intention to defraud the creditors of the said peti-
tioner, and to conceal his estate and effects from them ; and every such
mortgage, bill of sale, judgment, assignment or other conveyance, shall
be, and"is hereby declared to be, null and void to all intents and purposes :
And the lands, 'tenements, goods and chattels thereby conveyed, and
Mortgages,
conveyances,
&c. not pro-
ven, to be
deemed frau-
dulent, &c.
*See vol. 2, p. 570.
OF SOUTH CAROLINA. 91
money paid upon such judgment, shall be vested m the said trustees, in A. D. 1759.
like manner and for the like purposes as all the other estate and etiects of ^-^""v^^-^
tlie said petitioner are hereby directed to be vested.
VIII. Provided, That no person or persons shall be entitled to
the benefit of this Act, who shall be sued, impleaded or arrested for ^" ^^^^,'^j!i!''''n^
damages recovered in any action for wilful maihem, or wilful and malic- not be admiued
ions trespass, or for damages recovered in any action for voluntary and t". the benefit of
permissive waste, or for damages done to the fi'eehold. Provided also,
that nothing in this Act shall he construed to extend or give or grant any
privdege, beneht or advantage to any person whatsoever who hath or
shall for or upon marriage of any of his or her children, hath given,
advanced or paid above the value of oClOO proclamation money, unless he
or she shall prove by his or her books fairly kept, or otherwise upon his
or her oath or solemn affirmation, if a Quaker, before the court, that he or
she had at the time thereof, over and above the value so given, advanced
or paid, remaining in goods, wares, debts, ready money, or other estate,
real or personal, sufficient to pay and satisfy unto each and every person
to whom he or she was indebted, their full and entire debts ; or who
hath or shall have lost in any one day the sum or value of c£5 proclama-
tion money, or in the whole the sum or value of ^£20 y)roclamation money,
within the space of twelve months next preceding his or lier petition to
the court, in playing at or with cards, dice, tables, tennis, bowls, billiards,
shuffle-board, or in or by cock-fighting, horse races, dog matches, or foot
races, or other pastimes, game or games whatsoever, or in or by bearing a
shai'e or pait in the stakes, wagers or adventures, or in or by bettmg on
the sides or hands of such as do or shall play, act, ride or run, as afore-
said.
IX. The chief justice and assistant judges of the courts, shall and may The chief jus-
proceed, in all cases directed by this Act, at the several courts of common |i','5[^ judteTtcT'*
pleas, and the adjournments and return days of the said courts, or any of proceed accor-
them, or at the couits of general sessions of the peace, over and terminer, ^1'"?; '» thf; di-
. , , T ,-,. 1 -.. ^ c ^ -11 rectionsof this
assize and general goal dehvery, or at the adjournments oi tlie said last ^ct, at any
mentioned court, and at no other time or times whatsoever. court, adjourn-
X. And ichereas, many creditors of the person so sued and petitioning ^^^y^' °^ return
for his or her discharge, may not be inclined to accept a dividend of such
petitioner's estate, but will rather wait, in hopes of receiving some fidler Persons who
expectation from the said petitioner's future better fortune : but inasmuch pctmon tor the
i.,,.,^,, ,, , benefit 01 this
as the said creditors by note, book accompt or contract, who through m- Actincapacita-
dulgence or better expectation may delay their suits against such petition- ted to plead the
ers, may become barred by the Act of limitations of this Province: Be it tions" in bar^to
therefore enacted, That any person or persons whatsoever, who shall here- actions there-
after be in the custody of the provost marshal of this Province, or of his ^'^®j 'j''^^^
T , , "^ linn • • 1 • • ^ 1 • tor debts due
gaol-keeper or deputy, and who shall once petition the justices oi this previous to
Province for his or her discharge, every such person or persons, his or their exhibiting
their executors or administrators, shall be incapacitated ever afterwards to ^"*^ ^'^
plead the Act of limitations of this Province, in bar to any action that may
afterwards be brought against him or them, by any person or persons that
were his or their creditors, for any demand or cause of action that existed
at the time of exhibiting the petition for the discharge of the said person
when in custody. And in case the Act of limitations of this Province
shall afterwards be pleaded by any such person or persons, the said plea
shall be set aside by the court where such action shall be brought, upon
motion made by the plaintiff or his attorney in such action, upon producing
the petition before exhibited by the defendant for his having the benefit
of this Act.
92 STATUTES AT LARCiE
A. D. 1750. XI. And whenever any person hereafter in custody, shall once petition
^-*''"^^"^*'^, for his or her discharge, the creditor or creditors of such persons by note,
Persons uiiwil- book accompt or contract, not willing to accept a dividend of such pe-
liiis to citcept titioner's estate, in order to perpetuate the testimony of his, her or their
perpetuate Ac- demand, may be at liberty to prove tlie quantum oi the said demand or
inands, by pro- balance due from or against such petitioner at the court when such peti-
at the 'courts tioner shall apply for his or her discharge : And a minute or certiiicate
when insolvent thereof shall be entered with the clerk of the said court, of the sum or
debtors apply^ balance due to siich creditor or creditors ; which minute or certificate shall
ed. " thenceforth be good evidence of the sum so certified to be due from the
said petitioner, and sha,ll thenceforth be deemed as an accompt liquidated
and stated, and recoverable as such against the said petitioner, his execu-
tors or administrators, without further evidence than the said certificate of
the said clerk of the couit ; and against which debt or demand, or any
action for the same, the said Act of limitations of this Province shall not
be a bar, nor pleadable; any law, usage or custom to the contrary not-
withstanding.
* XII. That no person or persons, who after the passing of this Act
No insolvent shall be arrested for any debt, duty, cause or matter whatsoever, shall be
debtor to be en- discharged for the same, unless such person or persons shall actually have
titledtoth'ben- j.gj^^j^jj,pj^{ confined in the common gaol from the time of the arrest, or shall
before he shall surrender himself on or before the day on which such writ or process,
have been actu- whereupon the said petitioner is arrested, is made returnable, and shall
eaoHhe time'" actually remain confined as aforesaid, from the day of such arrest, or within
required. ten days after, until the time wherein the court shall determine whether
such person or ])ersons is or are entitled to the benefit of this Act.
XIII. Proridcd, That the justices of the couit from whence the pro-
cess issued against any person or persons who shall petition for the benefit
^, . , of this Act, shall have power, and they are hereby fully authorized and
may recommit inipowered, at the request of the said creditors, to recommit such person
a petitioner to or persons to the common goal, there to remain confined for the term of
mrmths'^ir he ^-^ months, ill case the said justices shall have any reason to suspect that
has not render- such person or persons have not rendered a just and true account of his
ed a true ac- qj. ^Jigi,. j.gjj^i qj. personal estates, according to the true intent and meanino-
count ot his n ^ ■ K T^ ^ • T 1 1 1 1 ' • 1 •
estate, &c. OI tlus Act : Provided, that the creditors requesting such recommitment,
shall, during the said term, pay 6s. 3d. per diem to the pi'ovost marshal or
gaoler, for the subsistence of such person or persons ; and in case such
creditors shall neglect to pay the same by the space of one week, then the
provost marshal or gaoler shall immediately discharge such jierson or per-
sons from his custody.
XIV. All and every merchant, factor, shopkeeper, and other persons
concerned in trade, who shall abscond or conceal him, her or themselves,
Merchants fac- ^" such manner that mesne process or execution cannot personally be
tors, &c. con- served upun him or her, by the space of 3 months, shall be deemed and
ceahng them- adjudged to have departed this Province ; and all and every his, her and
scondin?,deem- their monies, goods, chattels, debts and books of accompt, in the hands of
ed absent debt- any Other person or persons whosoever, shall be subject and liable to be
procoeded^^ attached, in the same manner as is directed and appointed with respect to
against upon debtors who shall withdraw themselves out of the limits of this Province,
tlie attachment jjj ^^^ j^y g^j^ ^^.j. passed in the 17th year of his present Majesty's reign,
entitled t " An Act for the better securing the payment, and more easy
recovery of debts due from any person or persons residing beyond the
* See section 6 of A. A. ^Oth F( brunry, ]7B;>.
t The AUachmont Act.
OF SOUTH CAROLINA. . 93
seas, or elsewhere witliout the limits of this Province, by attaching the A. D. 1759.
monies, goods, chattels, debts and books of accompts of such person or ^-^'"^^'~'*»-^
persons, if any he, she or they shall have within this Province; and to
impower and enable a feme coveit that is a sole trader to sue for and re-
cover such debts as shall be contracted with her as a sole trader ; and to
subject such feme covert to be arrested and sued for any debt contracted
by her as a sole trader."
XV. And in case it shall, at any time after the discharge of such peti- bisolvent debt-
T 1 1 1 " 1- 1 1 .. i- 1 ■ "^ , or coiiceiiline;
tioner, appear that any sucli debtoj did conceal any part oi his estate, and ^ly pan of his
not make a full surrender and delivery thereof, such debtor shall not be estate, not
entitled to the benefit of this Act ; and every such debtor shall be deemed benefit'lf'thir
and adjudged guilty of perjury, and be punished as the law m that case Act, and de-
directs, clared guilty
XVI. In case any debtor or debtors shall abscond, or conceal him, or
her, or themselves, in such manner that mesne process or execution cannot
be served upon him, her or them as aforesaid, notice thereof shall, by order Abscondin?
of court, be published in one or other of the G azettes, or by writing fixed debtors shall
up in the most conspicuous place in the parish where such insolvent (^f^btor"°',,""^,?°j^*'*'
last resided, at the exjience of the plaintiff in the action; after which it monies due
shall not be la^vful for any debtor or debtors to svie for, collect or receive '" '^'^'''" ' ^"^,
T , 1 , • , -, 1 1-11 I' 'be same shall,
any debts whatsoever which may be due to nim, her or them, from any by order of
person or persons whtjsoever. And if any action shall be commenced by court, be paid
any such debtor or debtors, or judgment obtained, at his, her or their suit, j^^^^'^'^p'^'*' '"
and not satisfied befoi'e he, she or they absconded or concealed him, her
or themselves, the same shall and may be continued and carried on, in his,
her or their name or names ; but shall, by order of court, be paid and
applied to the use of his, her or their creditors. And in case any person
or persons indebted to any debtor or debtors so absconding as aforesaid,
shall, at any time after public notice having been given as aforesaid, pay
any sum or sums of monies due to any such debtor or debtors, to any other
than his, her or their creditors, such person and persons shall be obliged,
and he, she or they is and are hereby made liable, to pay the same over
again, to the creditors of such debtor or debtors so absconding ; which
may be attached as monies of such debtor m his, her or their liands ; any
law, usage or custom to the contrary thereof in any wise notwithstanding.
XVII. In case any insolvent debtor or debtors, at the time when he,
she or they rendered, or shall render, an account of his, her or their estate, ifjnsoiyent
jiursuant to the directions of this Act, hath or shall conceal any debts that debtors conceal
were or shall be owina;-to them or any of them, it shall not be lawful for', '.^/^n
c . , y ' them, It shall
the person or persons owing such del)ts to pay the same, or any part there- not be lawful
of, to or for the use of such insolvent debtor or debtors ; but such person f°'' P^'i'sons ow-
or persons shall be, and are hereby, made liable to pay such debts, anclL^y but to the
every part thereof, to the assignee or assignees of such debtor or debtors, assignees.
for the use of his, her or their creditors : And such assignee or assignees
may sue for the same in his or their own name or names, in like manner
as assignees in commissions of bankrupts can or lawfully may do by the
laws or statutes of Great Britain ; in which suit no release of such insol-
vent debtor, his or her executors or administrators, or any trustee for him
or her, subsequent to the rendering such accompt, shall be any bar.
XVIII. And all and every person who shall, within 12 months after the
discharge of any such prisoner, voluntarily come in and make a discovery Fifty per cent,
of any part of such debtor's real or personal estate, subsisting at the timepp°g^^gj|'gPQy,
of his swearing off, as shall not be comprised in such schedule as afore- ering concealed
said, before the chief justice or justices of the court, shall be allowed after *^^'■^^^^■
the rate of 50 per cent, out of the neat produce of such estate so discov-
94 STATUTES AT LARGE
A. D. 1759. ered by him, her or them, as aforesaid, and which shall be recovered on
"^-^""^^"^^^ such discovery, to be paid by the trustee or assignee of such debtor's
estate and effects.
XIX. Every insolvent debtor, who shall make an assignment of his or
Every insolvent her estate, in trust for the use of his or her creditors, pursuant to the
debtor obliged laws for those purposes, shall be obliged, and he or she is hereby required
trustees to ^^^ enjoined, to assist the trustee or trustees at all times when thereunto
whom his es- required, in the recovery of the debts assigned, and in every other mat-
tate IS assigned, j-g J. Yvhich shall be thoutjht necessary for the benefit and advantage of the
in til 6 rccovGrv '~ ' ^
ofanvpart ' creditors; and in consideration thereof, such trustees shall have power,
thereof. and they are hereby fully impowered and authorized, in all cases where
they shall be of opinion such insolvent debtor hath acted justly and hon-
estly, to make him or her such allowance for the subsistence of such insol-
vent debtor and his or her family (if any they have) as the said trustee or
trustees shall think meet : Provided, that such allowance do not exceed 5
per cent, of the whole money received ujjon such insolvent debtor's
accompt.
XX. And the creditor or cieditors at whose suit any person shall be
The creditors anested and imprisoned, who shall be admitted to the benefit of the said
at whose airest ,^(.j gl^g^ll ]jg a jj J jjjgy 3j.g hereby, made liable for and charsreable with
3.n insolvent ' ' •/ *-' ' o_^
debtor is im- the fees due to the provost marshal on account of the arrest and imprison-
prisoned, made ment of such person ; and that it shall and may be lawful to and for the
tlfe cos^s^of^ trustees or assignees of such insolvent debtor, and they are hereby direct-
arrest and ed and requii'ed, out of the monies they shall receive on account of such
imprisonment, assignment, to reimburse and repay such creditor or creditors such sum
or sums of money which he or they shall so advance, agreeable to the
directions of this Act.
XXI. All and every Act and Acts heretofore passed in this Province,
All former acts and all and every clause or clauses of the same, in relation to insolvent
or clauses, re- debtors, is and are hereby declared repealed, revoked, discontinued, and
vent debtors" " "^^de void forever ; any limitation in the said Act or Acts for relief
repealed. of insolvent debtors, and the several additional Acts contained, to the con-
trary notwithstanding.
BENJAMIN SMITH, Speaker.
In the Council Chamber, the 1th day of April, 1759.
Assented to: WM. HENRY LYTTELTON.
(This Act was perpetuated by A. A. 1783. It is copied from Grimke.)
JVo. 883, AN ACT for impowering the Church-wardens and Vestry of the
Parish of St. Bartholomew, to dispose op the Pews in the
Chapel lately erected at Edmundbury, in the said Parish.
WHEREAS, a chapel of ease hath been lately erected at Edmund-
p , , bury, in the parish of St. Bartholomew; and whereas, there are several
pews set up and erected in the same that cannot be disposed of unless
a law is passed by the Legislature of this Province for that purpose ;
therefore, in order to authorize and impower the church-wardens and
vestry of the said parish to sell, convey and dispose of the said pews
to any person or persons that may be desirous of purchasing the same,
we humbly pray his most sacred Majesty that it may be enacted,
OF SOUTH CAROLINA. 95
I. And he it enacted., liy his Excellency William Henry Lyttelton, A. D. 1759.
Esq., Captain Genera] and Commander-in-chief in and over the Province ^-^""^^^^-^
of South Carolina, by and with the advice and consent of his Majesty's Church-war-
Council and the Commons House of Assembly of the said Province, and by ^^^^ couv^y ^"^
the authority of the same. That the church-wardens and vestry of the the pews,
said parish for the time being, sliall have power and authority, and they according to
are hereby fully authorized and impowered, to dispose of and to convey contributions,
to any persons and their heirs and assigns forever, by an instrument
in writing, to be drawn and executed for that purpose, the said pews
in the manner following : (that is to say,) the persons who shall have
contributed most toward the building of the said chapel shall be entitled
to and have the first choice of the pews in the same ; provided that the
moneys contributed which shall entitle any subscriber to the choice of a
pew, shall not make in the whole less than the sum of twenty pounds
cuiTency ; and in cases where it shall happen that several persons have
contributed alike, such persons shall draw lots for the choice ; and the J' 'y^f gQ^tri-
church-wardens and vestry of the said parish are hereby directed andbutions.
required to give preference in the choice of the said pews, to those
persons who shall have estates in the said parish, and have contributed
most toward the building of the said chapel as aforesaid.
n. And be it further enacted by the authority aforesaid. That the
moneys arising by the disposal of the said pews, shall be applied by the Application of
church-wardens and vestry of the said parish for the time being, for and i"o"ey.
toward defraying the expence of building the said chapel and pews, and
for keeping the same from time to time in repair, and to and for no other
use and purpose whatever.
B. SMITH, Speaker.
In the Council Chaviber, the 1th day of Apr d, 1759.
Assented to : WM. HENRY LYTTELTON.
an act to revive and continue several acts and clauses op jvo. 884.
Acts of the General Assembly of this Province, and for
amending some of the said acts in the manner herein men-
TIONED.
WHEREAS, several wholesome and beneficial temporary laws of this
Province are expired or near expiring, and it is found necessary to revive
and continue the same, as well as to amend some of the said laws ; we
therefore humbly pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency William Henry Lyttelton, Esq.,
Captain General and Govemor-in-chief in and over his Majesty's Province
of South Carolina, by and with the advice and consent of his Majesty's
Council, and the Commons House of Assembly of this Province, and by
the authority of the same. That an Act entitled " An Act for the better
regulating the militia of this Province, and for repealing the former Acts
for regulating the militia ; and for repealing an Act entitled an Act for
the further security and better defence of this Province," passed the
thirteenth day of June, in the year of our Lord one thousand seven hun-
dred and forty seven ; and also a clause for amending in the said Act for
the better regulating of the militia of this Province, contained in an Act
96 STATUTES AT LARGE
A. D. 1759. entitled " An Act for reviving and continuing several Acts of the General
Assembly of this Province therein mentioned, and for amending one of
the said Acts entitled an Act for the better regulating of the militia of
this Province, and for repealing the former Acts for regulating the militia,
and for repealing an Act entitled an Act for the further security and better
defence of this Province," passed the fourteenth day of May, in the year
of our Lord one thousand seven hundred and fifty-five, Be it further enact-
ed by the authority aforesaid. That the militia in Charlestown, be trained,
mustered and exercised eight times in the year, during the continuance
of the present w^ar, in such manner, and under such regulations and pen-
alties, as are prescribed by the said Act ; any law, custom or usage to the
contrary notwithstanding ; and also one other Act entitled " An Act to
regulate the price and assize of bread," passed the sixteenth day of
March, in the year of our Lord one thousand seven hundred and forty-
nine ; and also' another Act entitled " An Act for regulating the making
of dams or banks for reserving water, Avhere the same may aifect the
properties of other persons," passed the twenty-ninth day of May, in the
year of our Lord one thousand seven hundred and forty-four ; and also
another Act entitled " An Act for the establishing of a market in the
parish of St. Philips, Charlestown, and for preventing engrossing, fore-
stalling, regrateing and unjust exactions in the said town and market,"
passed the eleventh day of April, in the year of our Lord one thousand
seven hundred and thirty-nine ; and also another Act entitled " An Act
for making more useful fort Johnson and fort Frederick, and the several
look-outs that now are or shall hereafter be kept or established near any
of the inlets in this Province," passed the fiftJi day of April, in the year
of our Lord one thousand seven hundred and forty ; and also another
Act entitled " An Act for rendering and making the office of a constable
more easy and less expensive to the persons appointed," passed the eighth
day of March, one thousand seven hundred and forty-one ; and also an
Act entitled " An additional Act to an Act entitled an Act for the better
regulating taverns and punch houses," passed the eighth day of March,
one thousand seven hundred and forty-one, except the latter part of the
eleventh paragraph, for applying the monies arising by tavern licences,
which instead of paying the watch and guard in Charlestown, or any other
use or uses whatsoever, shall and is hereby enacted to be henceforward
appropriated and applied to and for such uses and purposes as the Gene-
ral Assembly of this Province shall from time to time direct and appoint ;
provided, and he it enacted by the authority aforesaid, that the Governor
or Commander-in-chief of this Province for the time being, with the
advice and consent of his Majesty's Council, may limit the number of
tavern licences to be granted in this Province, whenever it shall be neces-
sary ; any thing in the said additional Act, to the contrary notwithstanding;
and also another Act entitled " An Act to prevent frauds and deceits in
selling rice, pitch, tar, rosin, turpentine, beef, pork, shingles, staves and
fire-wood, and to regulate the weighing the several commodities and
merchandize in this Province," passed the seventeenth day of June, in
the year of our Lord one thousand seven hundred and forty-six ; and
also another Act entitled " An Act for the better establishing and regula-
ting of patrols in this Province," passed the seventeenth day of June, in
the year of our Lord one thousand seven lumdred and forty-six ; and also
one other Act entitled " An Act for licencing hawkers and pedlars, and
petty chapmen, and to prevent their trading with indented servants,
overseers, negroes and other slaves," passed the eleventh day of March,
in the year of our Lord one thous9,nd seven hundred and thirty-seven ;
OF SOUTH CAROLINA. 97
and also one other Act entitled " An Act concerning masters and appren- A.D. 1759.
tices," pa.ssed the twenty-eighth day of February, in the year of our Lord
one thousand seven hundred and forty ; and also one other Act entitled
" An Act for the better security of this Province against the insurrections
and other wicked attempts of negroes and other slaves," passed the seventh
day of May, in the year of our Lord one thousand seven hundred and
forty-three ; and also one other Act entuled " An Act for the better
ordering and governing negi'oes and other slaves in this Province," passed
the tenth day of May, in the year of our Lord one thousand seven hun-
dred and forty, except such parts of the last abovementioned Act as were
repealed, altered or amended by a subsequent Act entitled " An Act to
prevent the inveighling, stealing and canying away negroes and other
slaves in this Province, and to prevent the carrying away of schooners or
pettiaugers, and also for repealing so much of an Act entitled " An Act
for the better ordering and governing negroes and other slaves in this
Province, as relates to the time within which offenders that are appre-
hended shall be tried, and giving the justices and free-holders a power to
postpone the trial of such offenders," passed the eleventh day of May, in
the year of our Lord one thousand seven hundred and fifty-four ; and by
another Act entitled " An additional and explanatory Act to an Act of
the General Assembly of this Province entitled an Act for the better
ordering and governing negroes and otlier slaves in this Province, and
for continuing such part of the said Act as is not altered or amended by
this present Act for the term therein mentioned," passed the seventeenth
day of May, in the year of our Lord one thousand seven hundred and
fifty-one ; and also the said additional and explanatory Act last above-
mentioned ; and also one other Act entitled " An Act for appropriating
the dutys imposed by law on goods, wares and merchandize imported
into and exported out of the port of Beaufint, Port Royal, for tlie term
therein mentioned, toward building and keeping in repair a pilot boat
or boats, to attend the bar of the harbour of the said port, and for the
better settling and regulating the pilotage of the said harbour, and for
appointing a controller and receiver of the country dutys for the said port,
and for obliging all ships and other vessels trading to the said port to pay
powder money," passed the sixteenth day of Slay, in the year of our
Lord one thousand seven hundred and fifty-two, except such parts of the
sixth paragraph of the said Act last abovementioned as relate to the
appointment of Charles Purry as controller, and Samuel Hurst as receiver
of the country dutys for the said port of Beaufort, both of which persons
are deceased, and others have been appointed in the said places ; and also
such part of one other Act entitled " An Act for appointing commission-
ers to lay out a road or causey over Lynch's Island, situate in Santee
river ; and for establishing the ferries therein mentioned," passed the
eleventh day of March, in the year of our Lord one thousand seven hun-
dred and thirty-seven, as relates to the several ferrys which are established
by the said Act ; and also one other Act entitled " An Act for amending
an Act entitled an additional and explanatory Act to an Act entitled an Act
to impower the several commissioners of the high roads, private paths, bridg-
es, creeks, causeys and cleansing of water passages in this Province of South
Carolina, to alter and lay out the same, for the more direct and better
convenience of the inhabitants thereof," passed the seventeenth day of
May, in the year of our Lord one thousand seven hundred and fifty-one,
except such parts of the same as were repealed, altered or amended in
and by two other subsequent Acts, passed the eleventh day of May, in
the year of our Lord one thousand seven hundred and fifty-four, the one
VOL. IV.— 13.
98 STATUTES AT LARGE
A. D. 1759. entitled " An Act for ascertaining the district for cutting, cleansing and
keeping in repair the creek or cut commonly called the Havvl Over ;" and
the other entitled " An Act for appointing commissioners for repairing
and keeping in repair the bridge over Combahee river, from the causey
to the town of Radnor, and commissioners for rebuilding and keeping in
repair the bridge over Wappoe creek, in the parish of St. Andrew, and
declaring the said bridge and Hooper's bridge in the said parish of St.
St. Andi'ew, to be parish bridges, and appointing commissioners for the
said bridge" — be, and are hereby declared to be, revived, continiied and
enacted to be of full force and virtue, for and during and unto the full
end and term of five years, from and after the passing of this Act, and
from thence to the end of the then next session of the General Assembly,
and no longer.
II. And whereas, fort Frederick is gone to decay, and a new fort has
been lately constructed near Beaufort, which is known by the name of
fort Lyttelton, Be it therefore enacteS, That every boat or vessel shall con-
form to the same rules and directions, when passing fort Lyttelton, which
are prescribed in and by the said Act to be conformed to when passing
fort Frederick ; and the commanding officer of fort Lyttelton for the
time being, is hereby fully invested with the same powers and authoritys
respecting the discharge of his duty, as the commanding officer of fort
Frederick aforesaid, in and by the said Act entitled " An Act for making
more useful fort Johnson and fort Frederick, &c." was formerly invested
with.
III. And be it fur titer enacted by the authority aforesaid. That one other
Act of the General Assembly of this Province entitled " An Act to
encourage the makine of flax and hemp in the Province of South Caro-
lina," passed the thirteenth day of April, in the year of our Lord one
thousand seven hundred and fifty-six — be, and is hereby, revived and con-
tinued for three years from and after the passing of this Act, except only
such part of the said Act as gives a premium of twenty shillings procla-
mation money for every hundred pounds weight of well dressed merchan-
table hemp, in lieu of which bounty shall henceforward be paid only six
shillings for every hundred pounds weight of such hemp as aforesaid.
B. SMITH, Speaker.
In the Counril Chamber, the 1th day of April, 1759.
Assented to: WM. HENRY LYTTELTON.
No. 885. AN Additional ACT to an Act entitled ''An Act to ascertain the
manner and form of electing Members to represent the Inhabitants of this
Province in the Commons House of Assembly, and to appoint who shall
be deemed and adjudged capable of choosing or being chosen Members
of the said House,'' passed the twenty-first day of September, in
THE YEAR OF OUR LoRD 1721, AND FOR REPEALING SEVERAL CLAUSES
i\ THE SAID Act.
WHEREAS, it may be of e\\\ consequence that any person or persons
Preamble, who have lately become resident in this Province, and are not possessed
of a sufficient freehold or personal estate, should have a right to vote for
representatives of the inhabitants of this Province in General Assembly,
OF SOUTH CAROLINA. 99
and it may be of equal detriment to admit any jjerson or persons to serve A.D. 17r)».
as members of Assembly who are not possessed of a competent and ^>-^'"y-'"*^-'
unencumbered estate; we therefore humbly pray your most sacred Majesty
that it may be enacted,
I. And be it enacted, by his Excellency William Henry Lyttelton,
Esq., Captain General and Govenior- in-chief in and over his Majesty's Qualifications
Province of South Carolina, by and with the advice and consent of his"' voters.
Majesty's Council and the Commons House of Assembly of the said
Province, and by the authority of the same, That from and after the
determination of this present General Assembly, every free white man,
and no other person, professing the Protestant religion, who shall have
attained the age of twenty-one years, and shall have been a resident and
inhabitant in this Province for the space of one year, at any time before
the date of the writ to be issued for that election at which he shall offer
to give his vote, and shall have a freehold estate in a settled plantation,
or not less than one hundred acres of land unsettled, for which he shall
have paid tax the preceding year, or shall have a freehold estate in houses,
lands or town lots or parts thereof, of the value of sixty pounds procla-
mation money situate in Charlestown, or any other town in this Province,
for which he shall have paid tax the preceding year, or shall have paid
the sum of ten shillings proclamation money for his own proper tax the
preceding year, shall be deemed a person qualified to vote for, and is
hereby declared capable of voting at the election of, a representative or
representatives, to serve as a member or members of the Assembly, for
the parish or precinct where such elector shall be actually resident, or for
any other parish or precinct where he shall have the like qualification.
n. And be it enacted by the authority aforesaid, That if any doubt or
question shall arise about the qualification of any person offering to ballot An elector ma^
at such election, that before such person shall be admitted to ballot at the j^f/^ if™ -^l? '"''
.J,. ^ ■ -I ^ r ■ n • r- i qualihcations
said election, the said clause oi qualification of electors shall be read over at the ballot.
by the church-warden or church-wardens, or person or persons appointed
to manage such election, to such person offering to give his vote as afore-
said, who shall swear or affirm (as the case may be) that he is duly quali-
fied, according to the said clause, to give his vote at such election, and
shall, if required, specify and declare what such qualification is, which
oath or affirmation the said church-warden or church-wardens, or person
or persons appointed to manage such election, is and are hereby authoriz-
ed and obliged to administer.
HI. And be it further enacted by the authority aforesaid, That every
person who, after the determination of this present General Assembly, Qualifications
shall be duly elected and returned to serve as a member of the said "f ^ represen-
Assembly, shall be qualified as followeth: that is to say, he shall be a free
born subject of the kingdom of Great Britain, or of the dominions there- *
unto belonging, or a foreign person, naturalized by Act of Parliament of
Great Britain, who shall have attained the age (jf twenty-one years, and
shall profess the Protestant religion, and shall have been a resident in this
Province for one year at any time befijre the date of the said writs, and
who shall have in this Province a settled plantation or free-hold estate of
at least five hundred acres of land and twenty slaves, over and above what
he shall owe, or shall have in his own proper person and in his own right
to the value of one thousand pounds proclamation money in houses, buil-
dings, town lots or other lands in any part of this Province, over and
above what he shall owe.
IV. And be it further enacted by the authority aforesaid, That every
person who aftci- the determination of the present General Assembly,
His oath.
100 STATUTES AT LARGE
^\2^]ll^\ shall be returned to serve as a member of the said Assembly, before he be
admitted to sit as such, shall, and is hereby enjoined to, take a corporal
oath in the form following : " I, A. B., do swear that 1 am a free-born
subject of the Kingdom of Great Britain or of the dominions thereunto
belonging, or a foreign person naturalized by Act of Parliament of Great
Britain, (as the case may be,) and that I have attained the age of twenty-
one years, do profess the protestant religion, and have been resident in
this Province for one year at some time before the date of the writ in vir-
tue whereof I am elected, and that I have in this Province, truly and bona
fide, to and foi my own use and benefit, a settled plantation or freehold
estate of five hundred acres of land and twenty slaves, over and above
what I owe, or to the value of one thousand pounds proclamation money,
in houses, buildings, towc lots or other lands in this Province, over and
above what I owe, (as the case may be,) and that my said plantation and
slaves or houses, buildings, town lots or other lands, (as the case may be,)
are situate and being in the parish of , in the county of , in
the said Province, or in the several parishes of and , in the
county of , or in the several counties of and , within
the said Province," (as the case may be.)
V. And it is herehy enacted by the authority aforesaid. That the said
Oath may be oath shall be I'espectively administered, from and after the determination
bvTitstices"of ^f the present General Assembly, by any of his Majesty's justices assigned
the peace. to keep the peace within the said Province, who shall be thereafter return-
ed to serve as a member of the General Assembly.
VI. And he it farther enacted \)-^ the authoi'ity aforesaid. That all and
every church warden or church wardens, or person or persons having the
Church war- execution and return of any writ of election of members to serve in the
seers ofelection House of Assembly, shall attend for that purpose at the time and place of
to attjnd the election by such writ directed, and shall on or before the day that any
rnake°eum/ future Assembly shall be called to meet, and within ten days after any
within ten election made by virtue of any new writ, (unless prevented by sickness,
days to the ^^^ ^^ such case bv some person or persons by him or them appointed for
ins-stGr 111 ^ - .
chancery, and that purpose,) make return of the same to the master in chancery, to be
attend the two }jy l;iin-, filed, and shall within the two first days of the meeting of the
themeYtL° of House of Assembly, after such return made as aforesaid, attend the said
the Assembly. House with the master in chancery, (who is hereby directed to attend ac-
cordingly with the said return,) and shall then produce and leave with the
clerk of the said House a list of the persons who voted at such election ;
and all and every church warden or church wardens, or person or persons
„ ,. appointed to execute and return any wi'it ofelection, w^ho shall neglect or re-
Penaltvonneg- ii . -> . i i n -u- n i i
lect orVefusal luse to attend the execution oi any such writ, or who shall wiltully and know-
to perform the ingly admit or take the ballot of any person not duly qualified according
due'return"*^ ^ ^^ ^^* -^^^' ^^ refuse to admit or take the ballot of any person who is duly
qualified, or shall after any ballot has been given open, or suffer to be
opened, any piece of paper containing the name of any person for whom
any ballot is given, before the election is finally closed, and then only in
the presence of the candidate or candidates, or of one of the electors at
least who have ballotted at such election, or shall make any undue return,
or shall act contrary to the directions and true intent and meaning of this
Act, or of the Act intitled " An Act to ascertain the manner and form of
electing members to represent the inhabitants of this Province in the Com-
mons House of Assembly, and to appoint who shall be deemed and ad-
judged capable of choosing or being chosen members of the said House,"
passed the 21st day of September, in the year of our Lord one thousand
seven hundred and twenty-one, shall for each and every such offence for-
OF SOUTH CAROLINA. 101
feit and incur the penalty of fifty pounds proclamation money, a moiety of A. D. 1759.
which sum, as well as of all other penalties and forfeitures imposed by the ^-^'"V^*-'
said Acts, shall be to his Majesty, to be disposed of by the General Assem- Penalty, £50
bly of this Province, and the other moiety to him or them that shall sue proclamation
for the same, to be recovered by action of debt, bill, plaint or information, recovered by
in any court of record in this Provmce, together with full costs of suit, qui tam action,
wherein no essoign, protection, priviledge, wager of law, or stay of pros-
ecution, shall be allowed.
VII. A?id be it farther enacted by the authority aforesaid. That the third,
sixth, eighth, ninth, twelfth, thirteenth and twentieth paragraphs or clauses p^^.^^ ^^-^ j-^^_
of the Act herein before mentioned, entitled " An Act to ascertain themerAct
manner and form of electing members to represent the inhabitants of this •"'^P^^^^*^*
Province," &c. ; and also an Act entitled " An Additional Act to an Act of
the General Assembly of this Province entitled an Act for enlarging the
qualifications of the electors as well as of the persons to be elected to
serve as members of the General Assembly of this Piovince," passed the Other Acts
twelfth day of March, in the year of our Lord one thousand seven hundred ""epealed.
and forty-seven, and every matter and thing in the said clauses or para-
graphs and additional Act, and every or any of them contained — be, from
and after the determination of the present General Assembly, absolutely
repealed and vacated, to all intents and purposes whatsoever.
B. SMITH, Speaker.
In the Council Chamber, the 1th day of April, 1759.
Assented to: WILLIAM HENRY LYTTELTON.
an act to supply the defects in evidence where original wills jvo. 886.
cannot be produced, and to make the proceedings upon ques-
tions arising upon such wills more easy and effectual ; and
for repealing so much of the second clause of an act for
making more effectual last wills and testaments, as con-
tradicts or repeals the ninth clause of the act against
Bastardy.
WHEREAS, by an Act passed in the year one thousand seven hundred
and twelve, an Act made in the twenty-ninth year of the reign of King preamble.
Charles the Second, entitled " An Act for prevention of Frauds and Per-
juries," was made of force in this Province ; and whereas, by an Act of
Parliament of Great Britain, made in the twenty-fifth year of his present Reference to
Maiesty's reign, entitled " An Act for avoiding and putting an end to cer- ^^). of 25 Geo.
tain doubts and questions relating to the attestation oi wills and codicils and putting an
concerning real estates, in that part of Great Britain called England, and "^"^ '-° ceitain
in his Majesty's Colonies and Plantations in America," the said Act and "'
every clause, matter and thing therein contained, is made to extend to such
of the said Colonies where the said Act of the twenty -ninth of King
Charles the Second has been received for law, and is to have the same
force and effect in the construction of, or for the avoiding of doubts upon
the said Act of the twenty-ninth of King Charles the Second, in the said
Colonies as in England ; but whereas, it may frequently happen that per-
sons having real estates in this Province may depart this life in Great Britain
or elsewhere, out of this Province, leaving wills made agreeable to the
102
STATUTES AT LARGE
A. D. 1759.
The authenti-
cated probate
of a will duly
filed in any
competent
ecclesiastical
court, is receiv-
able in evi-
dence in the
courts of this
Province.
Mode of au-
thenticating
the same.
Bttt not to
exclude testi-
mony as to the
validity of the
will itself.
Bill to perpetu
ate testimony.
said Acts, which said wills are exhibited and proved in the prerogative or
other ecclesiastical court, or some other court or office, where the same
are afterwards deposited, and remain in the said courts or offices, from
whence copies only can be procured ; and whereas, by the practice of the
courts of law, original wills are required to be produced in evidence in
all cases where a title to land is derived under any such wills, but it is
impossible to obtain such original wills from any of the said courts or
offices where the same may be deposited, in order to be produced at any
trial at law here ; and whereas, no provision is made by either of the said
Acts, or by any Act of Assembly of this Province, to supply the defects
in evidence where the said original wills cannot be produced : For remedy
whereof, we pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency William Henry Lyttelton, Esq.,
Captain General and Governor-in-chief in and over his Majesty's Province
of South Carolina, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of the said Province, and
by the authority of the same, That where any person having a real estate
in this Province shall, by his last will, make any devise thereof, or of any
part thereof, and the said \\\\\ shall be exhibited, proved and deposited, in
any prerogative or ecclesiastical court, or other court or office out of this
Province that has the probate and custody of wills, it shall and may
be lawful to and for any person or persons, having occasion to shew
the contents of such will to manifest his title to any real estate claimed
under such will, upon any trial in any court of law or equity, to produce
the probate of such will, under the seal of the said court or office where
the same was granted, or a copy of such will, attested to be a true copy
by the known officer who has the care and custody of such will, (of which
attestation, and of his being the known officer who has the care and cus-
tody of such will, oath shall be made by two credible witnesses, before the
mayor or chief officer of any city, borough or town corporate, or before
the Governor or Commander-in-chief of any of his Majesty's Plantations,
or before any sworn notary public, and attested by them respectively under
their respective public seals) ; which said probate or copy, so proved and
attested as aforesaid, shall be deemed and held to be as good and sufficient
evidence in any court of law or equity in this Pi'ovince as if the said
original will had been produced; and the judges of any such court respec-
tively, are hereby authorized and required to admit the same accordingly :
Provided always, that no probate or copy of any original will, deposited in
the Secretary's office, or remaining in the custody or power of the devisee,
or of any other person in this Province, shall be admitted as evidence in
any court of law or equity, where a title to any real estate derived under
such will shall come in question, or otherwise, or in any other manner
made use of than the same might have been by the practice of the said
courts, before the passing of this Act.
H. Provided nevertheless, That in cases where the heir at law of the
testator shall question the validity of any will deposited in any of the said
courts, he shall not be concluded by any such probate or copy, but may,
upon filing his bill, and when the cause is at issue, be at liberty to examine
the witnesses to the execution of such will, or to any other matter, to prove
either the insanity of the testator, or any fraud or imposition upon him ;
and the depositions taken in such cause may be made use of upon any
trial at law, or upon any issue directed out of the court of chancery,
■whether the testator devisavit vel non. Provided also, that the person or
persons claimmg under such will may be at liberty to bring a bill to per-
petuate the testimony of the witnesses to the said wall, and may apply to
OF SOUTH CAROLINA. 103
the court to have the copy of the said will attested and approved as afore- ^- ^- 1^^^-
said, or returned, under a commission for that purpose, entered as of record
amongst the proceedings of tlie said court.
III. And whereas, by an Act passed the ninth day of April, one thou-
sand seven hundred and thirty-four, entitled " An Act for making more
effectvial last wills and testaments," all persons having any estate in fee
simple, or any such estate in coparcenary, jointenancy, or tenancy in com-
mon, in any lands, tenements, rents, sei"vices, or other hereditaments in
possession or reversion, may give, dispose, will or devise to any person or
persons, (except bodies politic or corporate) by last will and testament, in
writing, executed according to the twenty-ninth of Charles the Second,
for preventing frauds and peijuries, at their own free will and pleasure ;
and whereas, it will tend to encourage a lewd and vicious course of life
to permit such devises to be made in favour of illegitimate children, to the
prejudice and disinherison of lawful issue ; Be it tlierefore further enacted
by the authority aforesaid. That so much of the second clause in the said
Act as contradicts or repeals the ninth clause of the Act against Bastardy,
passed the seventeenth day of September, one thousand seven hundred and
three, be from henceforth repealed and made void.
BENJAMIN SMITH, Speaker.
In the Council Chamber, the 1th day of April, 1759.
Assented to: WILLIAM HENRY LYTTELTON.
AN ACT to allow a further time to the Assessors and Collectors for the No. 887,
Parishes of St. Philip and St. Michael, for carrying into execution an
Act of the General Assembly of this Province entitled " An Act for
raising and granting to his Majesty the sum of =£166,438 14 7:^, and
applying c£8,069 3 6, being the surplus of taxes, and balance of a fund
in the public treasury, making together 66174,507 18 1;^, to defray the
charges of this Government, from the 25th day of March, 1757, to the
24th day of March, 1758, and for other services therein mentioned.
(Passed April 7, 1759. See last volume.)
AN ACT for raising and granting to his Majesty the sum of ninety-seven No. 888.
thousand three hundred and sixty pounds fourteen shillings and four
pence halfpenny, and applying eighteen thousand one hundred and
nine pounds twelve shillings and five pence, being the surplus of taxes
and balance of several funds in the public treasury, making together
one hundred and fifteen thousand four hundred and seventy pounds six
shillings and nine pence half-penny, to defray the charges of this Gov-
ernment from the twenty-fifth day of March, one thousand seven hun-
dred and fifty-eight, to the thirty-first day of December, one thousand
seven hundred and fifty-eight, inclusive, and for other services therein
mentioned.
(Passed April 7, 1759. Omitted.)
STATUTES AT LARGE
JVb. 889. AN ORDINANCE to authorize the impressing, regulating the hire, and
ascertaining the vahie of waggons, carts, horses, and drivers, to be em-
ployed in his Majesty's service.
(Passed Aj)ril 19, 1760. The original not now to be found.)
No. 890. AN ORDINANCE to appoint James Reid, Esq. Powder Receiver
OF THIS Province.
WHEREAS, Robert Brewton, Esq., late Powder Receiver of this
Province, is dead, and it is necessary that some proper person should be
appointed to the said office, in his room,
I. Be if. therefore ordained, by the Honorable William Bull, Esquire,
Lieutenant Governor, by and with the advice and consent of his Majesty's
Council, and the Commons House of Assembly of this Province, and by
the authority of the same, That James Reid, Esq., be, and he is hereby
appointed and declared. Powder Receiver of the said Province, to all
intents and purposes whatsoever.
B. SMITH, Spealicr,
In the Council Chamher, the 16th day of May, 1760.
Assented to: WILLIAM BULL.
No. 891. -4iV ACT to enforce a due subordination and observance of mil-
itary DISCIPLINE AMONG THE FoRCE.S EMPLOYED IN THE SERVICE OF
THIS Province.
WHEREAS, this Province has raised, and provided for the raising and
paying, a number of forces to act against the Cherokee Indians, who have
committed various murders upon his Majesty's subjects of this and the
neighbouring Provinces ; and whereas, the not preserving a due subordi-
Preamble. nation and regular discipline among the said forces, would disappoint and
be destructive of the service for which they are intended ; and forasmuch
as all officers and soldiers mustered and in pay in America, are, by an Act
of Parliament passed in Great Britain, at all times and in all places when
joined or acting in conjunction with his Majesty's British forces, already
made liable to martial law and discipline, in like manner as the British
forces are, but no provision is as yet made or any rule established by
which the forces raised or to be raised in this Province shall be regulated
and governed when they act independently or detached, and not in con-
junction with his Majesty's British forces : Therefore, to prevent the in-
conveniencies which may arise from not observing an exact discipline, and
to prevent any mutiny and sedition in, or desertion from, the said service,
and that speedy punishment may be inflicted, which the usual forms of
law will not allow,
I. Be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor, by and with the advice and consent of his Majesty's Council,
OF SOUTH CAROLINA. 105
and the Commons House of Assembly of this Province, and by the A.D. 17G0.
authority of the same, That from the time of passing this Act, and during ^—""v^"**^
the continuance thereof, if any person, being commissioned, enHsted, mus- Punishnient for
tered and in pay, or who shall hereafter voluntarily enter into the service ^°|[|j^j'^'j^ ""^"
and pay of this Province, as an officer or soldier, shall begin, excite, cause
or join in any mutiny or sedition, in the regiment or company to which he
belongs, by striking his superior officer, or by drawing or lifting up any
weapon, or offex-ing any violence against him, being in the execution of
his office, or shall disobey any lawful command of his superior officer, or
shall be found sleeping upon his post, or shall leave it before relieved, or
shall get drunk, or shall use any scurrilous or abusive language to his
superior officer, or shall, withont leave of his commanding officer, absent
himself from his company or from any detachment upon which he shall
be commanded, or shall be convicted of having advised or persuaded any
other officer or soldier to desert the said service, shall suffi;r such punish-
ment, not exceeding thirty-nine stripes, with a cat-of-nine-tails, upon the
bare back, and mulcting him of his pay, as shall, according to the nature
of his offence, be inflicted upon him by the sentence of a court martial.
II. And he if also enacted, That the offences hereinbefore specified and
enumerated shall be tried and adjudged by a court martial, to be appointed To be adjudged
in the manner hereinafter directed, according to the form and method pre- ''7 a court
scribed in and by an Act of Parliament passed in the thirty -second year of
his present Majesty, for the trial of offences committed against the said Act.
III. And be it farther enacted, That all muster rolls of the forces in
the pay of this Province shall be returned upon oath, and every person
making any false or untrue muster of men, or shall allow or sig-n any false All musterrolls
muster roll, shall, upon proof thereof, upon oath made by two witnesses |°J^|^j ^^^^J||"'''*
before the treasurer of this Province, calling to his assistance two other
justices of the peace, (who are hereby authorized and required to admin-
ister such oath,) for such offence be mulcted such pay as he would have
been entitled to, and further rendered incapable of holding any civil or
military employment derived froiii any authority in this Province, and also
liable to the pains and penalties inflicted on wilful and corrupt perjury.
IV. And be it further enacted by the authority aforesaid, That every
soldier who shall enlist himself in the said service shall, previous to such
enlistment, have this Act read to him, and also a certificate from under the ^g^^j j^^g^g^y
hand of the officers with whom he enlists, setting forth the day of such soldier,
enlistment and the time when his service is to expire, without which no
person shall be deemed fairly enlisted, nor liable to be tried by any court
martial.
V. And be it further enacted, That if any inferior officer or private
soldier shall think himself v\Tonged by his captain or other officer, it shall
and may be lawful, upon complaint to the commanding officer of the said
forces, to cause a court martial to sit forbearing and determining upon such
complaint, to do justice to the party aggrieved ; but if it shall appear, upon
a fair hearing, to be vexatious and groundless, the party complaining shall
be punished at the discretion of the court martial, in manner as herein-
before directed.
VI. And whereas, there is not at present any power to hold general
courts martial within this Province, for the purposes and upon tht? occa-
sions aforesaid, Be it further enacted. That the Governor, Lieutenant
Governor, or Commander-in-chief of this Province for the time being,
may, and he is hereby authorized and impowered to, grant commissions
under the great seal of this Province, to any commissioned officers of the
said Provincial forces, for the holding general courts martial, which shall
VOL. TV.— 14.
106
STATUTES AT LARGE
A. D. 1760. consist of not less than five, who shall proceed in the same manner as in
'•-'^^^^^^^^^ the aforesaid Act of Parliament is directed and prescribed.
VII. Afid be it enacted by the authority aforesaid, That this Act
Continuance of g^all be and continue in force until the first day of Ausfust next, and no
this Act. 1 Jo'
longer.
r?? tJie Council Chamber, the \&th day of May,
Assented to :
B. SMITH, Speaker.
1760.
WILLIAM BULL.
Preamble.
No. 892. AN ACT for preventing (as much as may be) the continuance of
THE Small Pox in Charlestown, and the further spreading of
that distemper in this Province.
WHEREAS, the inhabitants of Charlestown have suffered greatly
not only in their trade and commerce, but from a scarcity of provisions,
by the raging of the disease or distemper commonly called the small
pox in the said town ; and whereas, the most probable means of prevent-
ing the said distemper being continued in the said town, as likewise the
further spreading of the same in other parts of this Province, will be to
inhibit all persons whosoever being inoculated or ingrafted therewith in or
near the said towii, or going or being carried thither after being so inocu-
lated or ingrafted, and also all persons whosoever infected with that
disease in any other manner being carried to or near the said towTi, as
hath lately been frequently practiced ; we therefore humbly pray your most
sacred INIajesty that it may be enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief, by and with the advice and consent of
his Majesty's Council and the Commons House of Assembly of this Pro-
vince, now met in General Assembly, and by the authority of the same,
That from and after the fifteenth day of June, in this present year of our
Lord one thousand seven hundred and sixty, it shall not be lawful to or
for any person or persons whosoever, within the limits of Charlestown, or
within two miles of the said limits, to inoculate or ingraft, or to cause or
procure to be inoculated or ingrafted, the disease or distemper commonly
called the small pox, in or upon him, her or themselves, or in or upon any
other person or persons whosoever, nor wilfully and knowingly to inflict
or cause to be inflicted the said disease or distemper, nor to use any art,
device or contrivance, or cause or procure to be used any art, device or
contrivance whatsoever, or wilfully and knowingly to do any act, matter or
thing by which or by reason whei'eof the said disease or distemper of the
small pox may be inflicted upon, given to or received by him, her or
themselves, or any other person or persons whosoever within the limits
aforesaid, or by which or by reason whereof the infection of the said dis-
ease may be spread or communicated to any person or persons whosoever
Fine of £100. within the limits aforesaid, under pain of forfeiting the sum of one hun-
dred pounds proclamation money for every such offence, to be recovered
and disposed of in the manner hereinafter directed and appointed.
II. And be it further enacted by the authority aforesaid, That if any
person or persons who shall, after the aforesaid fifteenth day of June,
receive the aforesaid disease or distemper by inoculation or ingraftment.
Inoculation
prohibited
within certain
limits.
OF SOUTH CAROLINA. 107
or on whom the said disease or distemper shall be voluntarily inflicted by ^- ^^- 1~*^0-
any of the means aforesaid, shall be in any house, outhouse or place ^-**'"v^'*'-^
within the limits aforesaid, it shall and may be lawful for the commis- Commissioners
sioners hereinafter named, or any one or more of them, or for any justice !"|?> remove an
of the peace, having due information thereof upon oath, (which oath the person,
said commissioners and each and every of them are hereby impowered
to administer) to command such person and persons as they or he shall think
fit, to their or his aid and assistance, and to })lace a guard at the house where-
in such infected person or persons shall be, to prevent any communi-
cation with the infected person other than such as the said commissioners,
or any one or more of them, or the said justice of the peace as afore-
said, shall think reasonable, at the expence of the offender or offenders,
to be recovered by warrant under the hand and seal of any justice of
the peace, in the same way and manner as debts are recoverable by the
Act for ti'yal of small and mean causes.
HI. And be it enacted, That in case any person, after the said fifteenth
day of June, who shall be inoculated or visibly or knowingly or known penalty for
to be infected with the said disease or distemper, shall come, be brought ("onveying an
or sent within the limits aforesaid, every such infected person, and all and within the^*^^""
every person and persons who shall direct and procure or assist in bringing, limits,
sending or conveying such infected person within the limits aforesaid, shall
forfeit severally and respectively, for every such offence, the sum of one
hundred pounds proclamation money, to be recovered and applied as
hereinafter is directed.
IV. And that it may be more certainly known when the said town and
parts adjacent ai'e clear of the said distemper, and the inhabitants of the
other parts of this Province may resort thereto, without danger of being
infected, Be it enacted, That the said commissioners shall be, and they
are hereby obliged, enjoined and required to meet on the first Monday in Commissioners
August next, and on the first Monday in every month, from nine to twelve ^g^pj^^'j^l^Qf
of the clock, in the forenoon, at the State House, in Charlestown, as long infected
as the said distemper shall continue within the limits aforesaid, to receive Persons,
from the inhabitants within the said limits a true list of the number of
persons who shall be infected with the said distemper; and all and every
master or mistress of families in the said limits, or other person having
charge or care of such families, shall, and they are hereby obliged and
required, on the first Monday in August next and on every first Monday
aforesaid, to send in and retuiTi upon oath to the said commissioners or any
one of them, (which oath the said commissioners or any of them are
hereby impowered to administer,) a true and faithful list of all and every
person and persons who are infected with the said disease in their respec-
tive families at the time when such lists shall be returned, according to the
best of his or her knowledge, under pain of forfeiting the sum of ten
pounds proclamation money ; and the said commissioners shall from time
to time as such lists shall be returned to them, publish in one of the Ga-
zettes the number of the sick with the said distemper within the limits
aforesaid, and in what parts of Charlestown such sick persons are.
V. And to prevent as much as possible the spreading of the small pox
in the country. Be it enacted, That where any person or persons shall be ^ ,^ .
infected with the said disease or distemper in any house or plantation in to be put up of
any part of this Province without the limits aforesaid, every master, own- infected houses
er or other person having the care or charge of such house or plantation, ""^ ^ ^^^^'
shall, immediately upon discovery of such infection, fix or cause to be
publickly affixed, an advertisement signifying that the small pox is at
such house or plantation, in the high-way or public road nearest to such
108 STATUTES AT LARGE
A. D. 1760. house or plantation, and another like advertisement at the church, chapel
^-'"'"^^"^^ or other place of public worship or resort in the paiish where such
house or plantation lies ; and in case such master, owner or other person
having the caie or charge of such house or plantation as aforesaid, shall
neglect or refuse to fix, or cause to be affixed, such advertisements as are
hereby directed, each and every person so neglecting or refusing shalj
forfeit for every such offence twenty pounds jiroclamation money.
VI. And be it further enacted by the authority aforesaid. That it
Measures to be shall and may be lawful for any two or more of the said commis-
taken to pro- gjoners, or for any two or more of his Majesty's justices of the peace,
persons being residing in Charlestown, taking to their assistance the church war-
brought in. dens of the parishes of St. Philip and St. Michael and the constables
residing in the said town, and the said commissioners or justices, church
wardens and constables, shall have power, and they are hereby fully
authorized, impowered and required, to take such prudent, necessary and
reasonable methods as they in their discretion shall think fit for hindering
infected persons being brought within the limits aforesaid, and for pre-
venting the further spreading of the infection, the charge whereof shall
be borne and defrayed by the public ; provided, that such charge doth
not exceed fifty pounds current money; and provided also, that nothing
herein contained shall impovverthe said commissioners, justices, churchwar-
dens or constables, to assess or levy any sum or sums of money what-
ever on the inhabitants of the said town.
VII. And whereas, the fuither spreading of the infection of the small
pox may be chietly occasioned by persons causing their slaves to be
Case of slaves inoculated ; and where'tJs, it would be highly injurious to punish the
slave for the fault of the master. Be it therefore enacted,. That in case
any slave shall receive the small pox by inoculation, or if the said dis-
temper shall be voluntarily inflicted uj^on any slave by any of the ways
or means hereinbefore mentioned, after the said fifteenth day of June,
within the limits aforesaid, or if any slave being infected with the said
disease or distemper shall be brought, carried or conveyed to any place
within the limits aforesaid, from any other part of this Province, con-
trary to the true intent and meaning of this Act, in every such case
the owner or other person having the care or charge of every such slave,
shall be adjudged, deemed and taken to have caused such offence to be
committed, and shall be subject and liable to the same penalties and
forfeitures as are imposed by this Act on such persons as shall cause
the aforesaid disease or distemper to be inflicted on any person by any
of the ways or means hereinbefore mentioned, and the proof of such
offence shall not lie upon the prosecutor or informer ; provided never-
theless, that such owner or other person may exculpate him or herself
by taking a voluntary oath or affiiTnation that such offence was com-
mitted without his or her knowledge, consent, privity or procurement.
VIII. And be it furtlier enacted by the authority aforesaid. That in case
any of the offenders against this Act shall not be able to pay the pen-
alties on them respectively inflicted, all and every such oftender and
offenders shall suffer three months imprisonment in the common goal in
Charlestown, without bail or mainprize.
Fines and IX. And be it further eiiactedhj the authority aforesaid. That all and sin-
forfeitures to be guj^r the penalties and forfeitures imposed by this Act, shall be sued
three months. ^^^ within the term of three mouths after the offence shall be committed,
and at no time after, and shall be disjjosed of in manner following, that is
to say, one half to his Majesty for the use of the poor of the parish where
the offence shall be committed, and the other half to him or them
OF SOUTH CAROLINA. 109
who will mfoim and sue for the same by action of debt, bill, plaint or A.D. I7(i0.
information, in any court of record in this Province, wherein no essoin, "■-^y^'**^
protection, privilege, injunction or wager of law shall be allowed or ad
mitted, nor any more than one imparlance, any law, usage or custom to
the contrary notwithstanding ; and all and every person and persons who
shall be sued or prosecuted for doing any thing in execution of this Act
shall and may plead the general issue, and give this Act and the special
matter in evidence : and if any plaintiff or prosecutor shall become non-
suit, sufter a discontinuance, or a verdict or judgement shall pass against
him, the defendant shall recover his treble costs of suit.
X. And be it also ermcfed , That the Honorable Othniel Beale and George Commissioners
Austin, Esquires, and Benjamin Smith, John Guerard, Christopher Gads- "°*""'^'^'^-
den, Henry Laurens and Daniel Crawford, Esquires, shall be, and they
are hereby appointed, commissioners for putting this Act in execution.
XL And be it fartker enacted by the authority aforesaid, That this
Act shall continue and be of force until the fifteenth day of June, one
thousand seven hundred and sixty-one.
BENJAMIN SMITH, i^peaker.
In tlie Cauncil Chamber, the 30th da// of May, 1760.
Assented to: WM. BULL.
AN ACT TO PREVENT THE EXPORTATION OF GrAIN AND OTHER PrO- No. 893.
VISIONS, AND Arms, Ammunition, Strouds, Duffils and Plains,
FROM THE Province of South Carolina.
WHEREAS, the many murders and ravages committed by the Chero-
kee Indians in the back settlements, have forced all the settlers in those
parts to forsake their habitations and come to the inteinor parts of this
Province ; and whereas, the Upper Creek Indians have lately murdered
many of the British traders in that nation, whereby it is to be appre- preamble
hended that the inhabitants of the Colony of Georgia, as well as of the
Southern parts of this Province, will likewise desert their plantations and
retreat to the interior parts of this Province, which must occasion a scar-
city of provisions ; and whereas, a clandestine ti'ade hath been carried on
with the subjects of the French King, who have thereby been supplied
with arms, ammunition, strouds, duffils and plains, with which they have
been enabled to give presents to and stir up the Indians against his
Majesty's subjects ; we therefore humbly pray your most sacred Majesty
that it may be enacted,
I. And be it enacted, by the honorable William Bull, Esquire, Lieuten-
ant Governor and Commander-in-chief, by and with the advice and consent
of his Majesty's Council and the Commons House of Assembly of this
Province, now met in General Assembly, and by the authority of the Exportation of
same. That no pei-son or persons whosoever, at any time or times during provisions pro-
the term of eijjht months next after the passings of this Act, shall directly '"'^'t';d for 8
or indirectly lade on board, or cause or procure to be laden on board any '
ship, other vessel or boat, in order to be carried out of this Province, any
corn, peas, small rice, flour, bread, biscuit, beef, pork or bacon, live stock,
or any other provisions whatever, (merchantable rice excepted) or any
kind of arms, ammunition, strouds, duffils or plains, under the penalties
and forfeitures hereinafter mentioned, (that is to say) that every ship or
no STATUTES AT LARGE
A. U. 1760. other vessel or boat which shall be laden with, or have on board any of
^-^"^^"*'*-^ the aforesaid provisions or merchandize, contrary to the true intent and
meaning of this Act, shall be forfeited, with all her guns, tackle, apparel
and furniture, and all the said provisions and merchandize on board the
same, or the value thereof, shall be forfeited, the one moiety thereof to his
Majesty, his heirs and successors, and the other moiety to him or them who
will inform and sue for the same in any court of record in this Province,
by bill, plaint, information or other action ; and that the master and mari-
ners of any such ship, vessel or boat, wherein any such offence shall be
committed, knowing such offence, and wittingly and willingly aiding and
assisting thereunto, and being thereof duly convicted as aforesaid, shall be
imprisoned for the space of three months, without bail or mainprize ;
Exce tthe provided that nothing in this Act shall extend or be construed to restrain
nJ^etsary Vo- or prevent the exportation of any such commodities or provisions as shall
visions of the -^^ necessary to be earned in any ship or other vessel in their voyage from
vessel. ^^^^ Province, for the sustenance and support of the master, mariners and
passengers on board the same ; and provided also, that nothing in this
And provisions Act shall extend or be construed to extend to any provisions brought into
brought in and any port in this Pi'ovince by any vessel and not landed, but such vessel
not landed. ^-^^^i and may depart again with such provisions, any thing herein con-
tained to the contrary notwithstanding ; provided likewise, that nothmg
in this Act contained shall extend or be construed to extend to prohibit
any person or persons who shall have a permission or licence in writing
And persons SO to do from the Lieutenant Governor or Commander-in-chief for the
having a ^j,^g being, (who is hereby authorized and impowered, if he shall find
mlt for exp^ort- the same expedient, to give such permission or licence) from transporting,
ing. carrying and eonveying any of the said commodities by land or by water,
to any fort or forts, or for the use, sustenance or support of any body or
bodies of men serving for and engaged in the immediate defence of this
Province, although they shall not be actually within or shall not be at such
time acting within the limits thereof.
II. A/id be it further enacted by the authority aforesaid, That the
Masters of commander or master of every ship or other vessel that shall, after the
vesse^ls^to enter passing of this Act, clear out at any port in this Province, shall enter into
into bond. \,o\idi with the controller of the country duties, with one or more sufficient
securities, in the sum of one thousand pounds proclamation money penalty,
that he will not after his said clearing, at any time during his intended
voyage, take on board his said ship or vessel, at any port, creek or harbor
in this Province, or upon the coast thereof, any of the commodities above
enumerated, contrary to the intent and meaning of this Act, which bond
the said controller shall take without fee or reward ; provided that all
suits or prosecutions for the penalty of the said bond, shall be commenced
within twelve months after the respective date thereof, and not afterward.
III. And it is hereby further enacted, That the treasurer, conti-oller of
the country duties, or waiters, in any port in this Province, shall and may
at any time during the continuance of this Act, enter into and search any
ship, or other vessel or boat, and in case it shall be found that the owner,
master or other person having charge of such ship, other vessel or boat,
hath offended against this Act, then to seize such ship or other vessel or
boat, and also all such of the commodities hereinbefore enumerated as
shall be found on board the same, contrary to the intent and meaning of
this Act, and to secure such ship, or other vessel or boat, and commodities,
until the same shall be condemned or delivered by due course of law.
IV. And be it further enacted by the authority aforesaid. That any justice
of the peace may and shall, upon due information being made to him
OF SOUTH CAROLINA. Ill
that any person or persons whatsoever are offending against this Act, A. D. 1760.
grant a search warrant directed to any constable, to enter into and search ^-^"^^^^-^
any ship or other vessel or boat, and in case it shall be found upon such Vessels inform-
search and examination, that the owner, master or other person having ^'^ ^samst may
. ^ DC S63,rCil6Q»
charge of such ship, other vessel or boat, hath offended against this Act,
then to seize such ship or other vessel or boat, and also all such of the
commodities hereinbefore enumerated as shall be found on board the
same, contrary to the true intent and meaning of this Act, and to secure
the same until condemned by due course of law.
V. And be it likewise enacted, That all and every owner and owners of
decked perriaugas and coasting boats, (or some person in their behalf ) Decked perri-
shall be obliged, and they and every of them are hereby enjoined and cofs^dng boats.
required, within one month after the passing of this Act, to give bond
to the public treasurer of this Province, or the treasurer of the port of
Beaufort, Port Royal, or the treasurer of the port of Georgetown,
Winyaw, in the penalty of two hundred pounds proclamation money, with
condition that their respective perriaugas or boats shall not be made use
of or employed in any manner whatever in the exporting or assisting in
the exporting of any of the above enumerated commodities, contrary to
the intent and meaning of this Act, which bond the treasurer shall take
without fee or reward; provided that all suits or prosecutions for such
penalty shall be commenced within twelve months after the date of such
bond, and not afterward ; and in case any owner or owners of any such .
peiTiauga or boat shall neglect or refuse to give bond as aforesaid, by the aities to'^be^""
time above appointed, he or she and they shall forfeit the sum of two brought within
hundred pounds proclamation money, to be recovered and applied in the ^lonths.
some manner as the other penalties and forfeitures imposed by this Act
are directed to be recovered and applied.
VI. And be it also enacted by the authority aforesaid. That if any
action or suit shall be commenced against the treasurer, controller of the Suits against
country duties, waiters, or any other person or persons, for any thing done officers acting
or to be done in pursuance of this Act, in every such case the action orsuittobecommenc-
shall be commenced within three months next after the fact committed, ed within 3
and not afterwards ; and the defendant or defendants in such action or '"°""^^'
suit, shall and may plead the general issue not guilty, and give this Act
and the special matter in evidence, at any trial to be had thereupon, and General issue
that the same was done in pursuance and by the authority of this Act, and may be pleaded
if it shall appear so to be done, or that such action or suit shall be brought ^^'^ ^^}^ ^'i^
after the time before limited for bringing the same, that then the jury shall dence.
find for the defendant or defendants, or if the plaintiff or plaintiffs shall
become non-suited or discontinue his, her or their action or suit, or if a
verdict shall pass against the plaintiff or plaintiffs, or if upon demurrer
judgment shall be given against the plaintiff or plaintiffs, the defendant or
defendants shall recover treble costs, and shall have such remedy for the
same as any defendant or defendants hath or have for costs of suit in other
cases by law.
BENJAMIN SMITH, Speaker.
In the Council Chamber, the \Otk day of June, 1760.
Assented to: WILLIAM BULL.
STATUTES AT LARGE
No. 894. AN ACT for establishing and regulating the Artillery Company that
was formed out of the Militia in Charlestown.
(Passed July 31, 1760. Sec last volume.)
]\b. 895. AN ACT for finishing, enlarging, repairing, cleansing and keeping
clean and in repair the common drain or sewer in Elliot-street, in
Charlestown.
(Passed July 31, 1760. See last volume.)
No. 896. -^^ ACT impowering the persons therein named to receive in
Great Britain, on behalf of the Province of South Carolina,
THE SUM OF Money therein mentioned.
FORASMUCH as his Majesty hath been graciously pleased to order
that the sum of nine thousand nine hundred and forty-one pounds Jiineteen
shillings and ten pence, should be allotted to this Province, out of the
sum of fifty thousand pounds sterling, granted by the Parliament of
Great Britain, to be distributed among the Colonies of Virginia and North
and South Carolina, in recom])ence for such services as with the appro-
bation of his Majesty's Commander-in-chief in America, they respectively
had performed or should perform, either by putting the said Provinces in
a state of defence, or by acting with vigour against the enemy : And
forasmuch as it is necessaiy that some person or persons in Great Britain
should be appointed and authorized to receive the said sum of nine thou-
sand nme hundred and forty-one pounds nineteen shillings and ten pence,
on the behalf of and for the use and benefit of this Province ; and
whereas, the honorable Benjamin Smith, John McQueen and Henry
Laurens, Esquires, have jointly and severally undertaken and engaged to
pay into the hands of the public treasurer in the cuiTent money of this
Province, at the rate of seven hundred pounds cuiTency for one hundred
pounds sterling, free from any charges of commission, within two months
after they shall receive notice of the same having been received in
England, such sum of money as shall be received out of the said sum of
nine thousand nine hundred and forty-one pounds nineteen shillings and
ten pence, after a deduction of the usual and accustomed fees and per-
quisites in passing through the several offices there, provided the same
shall be paid into the hands of John Beswicke, John Nutt, of London,
and James Cowles, of Bristol, merchants ;
I. Be it therefore enacted, by the honorable William Bull, Esquire,
Lieutenant Governor, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of this Province, and by
the authority of the same. That John Beswicke and John Nutt, of Lon-
don, and James Cowles, of Bristol, merchants, shall have power and
authority, and they or any two of them, or the survivors or sui"\'ivor of
them, are hereby fully authorized and impowered, for and on the behalf of
this Province, to do and execute all and every such lawful and reasonable
Act and Acts as may be requisite, as well for the receiving the said sum
OF SOUTH CAROLINA. 113
of nine thousand nine hundred and forty-one pounds nineteen shillings ^^j^;^
and ten pence, allotted by his Majesty to this Provmce as aloresaid, out
of the said sum of fifty thousand pounds, as for giving proper acquittances
for the same. . , t^ • ^ c • i t i,
II And he it also enacted, That the said Benjamin bmith, John
McQueen and Henry Laurens, shall pay into the hands of the public
-treasurer, in the cun-ent money of this Province, at the rate of seven
hundred pounds currency for one hundred pounds sterling, free from any
char<res of commission, within two months after they shall receive notice
of the same having been received in England, all such sum and sums of
money as shall be received by the said John Beswicke, John Nutt and
James Cowles, or any two of them, or the survivors or sui-vivor of them,
out of the said sum of nine thousand nine hundred and forty-one pounds
nineteen shillings and ten pence, after a deduction of the usual and accus-
tomed fees and perquisites in passing through the several offices there
III And it IS lierchy farther enacted, That such sum of money as shall
be paid into the hands of the public treasurer by the said Benjamin Smith,
John McQueen and Henry Laurens, shall be disposed of and applied m
such manner as shall be directed and appointed by the Governor or
Commander-in-chief for the time being, his Majesty's Council and the
Commons House of Assembly of this Province,
B. SMITH, Sjieaker.
In the Council Chamber, the 31st day of July, 1760.
Assented to : WILLIAM BULL.
AN ACT FOR RAISING AND GRANTING TO HIS MaJESTY THE SUM OF No. 897.
Two Hundred and Forty-six Thousand Six Hundred and Ninety-
three Pounds Two Shillings and Five Pence, which with
Seventy Thousand Pounds, (granted for this service by the
Tax Act) makes Three Hundred and Sixteen Thousand Six
Hundred and Ninety-three Pounds Two Shillings and Five
Pence, to defray the expence of the late Expedition against
the Cherokee Indians, and othkr charges since incurred by
prosecuting the War against the said Indians, and protecting
THE back settlements OF THIS PROVINCE, AND APPOINTING CoMJIIS-
SIONERS for STAMPING AND SIGNING PuBLIC ORDERS FOR THE MORE
EASY AND EXPEDITIOUS ISSUING OF THE SAID SUM, AND PROVIDING A
FUND FOR SINKING THE SAID PuBLIC OrDERS IN FIVE YEARS, BY A
GENERAL TAX AND ASSESSMENT ON THE EsTATES, REAL AND PERSONAL,
OF THE INHABITANTS AND OTHERS INTERESTED IN THIS PROVINCE.
WHEREAS, the Cherokee Indians have for some time past committed
many murders upon his Majesty's subjects, of this and the neighboring p^^^^^^ji^^
Provinces, to repress which and to prevent a repetition thereof, this
Province entered into vigorous measures by setting forward an expedi-
tion against that nation, in order to obtain a reasonable and adequate
satisfaction from them, which had not the desired effect, but on the con-
trary the said Indians, immediately after the said expedition, broke out
VOL. IV.— 15.
114 STATUTES AT LARGE
A. D. 17(50. into open war against this Province, whereby it became absolutely neces-
^^^^"^''"^ sary to raise forces to prosecute the war against them, and protect the
inhabitants of the back parts of the Province, which (with the said expe-
dition) has created so heavy an expence as to render it impossible for the
inhabitants in their present circumstances to raise a sum within the cur-
rent year sufficient to pay off and discharge the same ; and whereas, it is
highly requisite and just, that as well such persons who engaged in the
said expedition as such who have entered into the public seiTice for cany-
ing on the war against the said Indians, and protecting the inhabitants
in the back settlements, and such who have furnished necessaries toward
carrying on the said services upon the public faith, should as soon as may
be receive the several sums of money that are due to them respectively
upon account thereof, than which there cannot be a more effectual and
certain way to procure a ready and cheerful assistance upon any future
occasion (if the divine providence should permit so great an evil again to
befal us ;) and we, his Majesty's dutiful subjects, the Commons House of
Assembly, being desirous that "the said several good purposes may be fully
answered and provided for, do hereby give and grant unto his most sacred
Majesty the sum of three hundred and sixteen thousand six hundred and
ninety-three pounds two shillings and five pence, cuiTent money of this
Province ; and for the more speedily and easily raising the said sum of
three hundred and sixteen thousand six hundred and ninety-three pounds
two shillings and five pence, which, by the schedule hereunto annexed,
appears to be wanting, we humbly pray his most sacred Majesty that it
may be enacted,
I. Afid be it enacted, by the honorable William Bull, Esquire, Lieuten-
Commissioners ant Governor, by and with the advice and consent of his Majesty's
Eniit'^ana '^ouncil and the Commons House of Assembly of this Province, and by
issuinjc public the authority of the same,- That Benjamin Smith, Isaac Mazyck, Peter
orders for Manigault, William Roper, William Moultrie, Rawlins Lowndes and
money. gamuel Came, Esquires, or any four of them, shall be, and they are
hereby appointed, commissioners for the stamping, signing and making
public orders ; and it shall and may be lawful for the said commissioners,
and they or any four of them are hereby required, with all convenient
speed, to procure two sets of orders to be stamped, equal to the sum of
three hundred and sixteen thousand six hundred and ninety-three pounds
two shillings and five pence, cuiTent money of this Province, and no more,
(that is to say) six thousand three hundred and thirty-four orders of the
denomination of twenty-five pounds, and three thousand one hundred and
sixty-seven orders of the denomination of fifty pounds.
II. And that the said orders may be better known to be warranted by
this Act, Be it further enacted, That the said oiders, with such signatures
and devices as the said commissioness shall think fit, shall be in the words
following :
South Carolina, No.
This order entitles the bearer to a credit equal to pounds hi the
Form of the current money of this Province, and shall be received by the pubhc trea-
orders. surer in payment of all taxes and duties whatever, until the last day of
November, one thousand seven hundred and sixty-five, and no longer :
Dated the day of , in the year of our Lord one thousand seven
hundred and sixty, and in the year of his Majesty's reign.
HI. And be it also enacted by the authority aforesaid, That the said orders.
To be delivered when they shall be so stamped and prepared, shall be regularly numbered
to the public i^y ji^g ga[(j commissioners, with their names subscribed unto the same,
treasurer. ^^^^ ^^^ ^^.^ commissioners shall deliver them into the hands of the public
treasurer for the time being.
OF SOUTH CAROLINA. 115
IV. And be it Ukeicise enacted by the authority aforesaid, That the said A. D. 1760.
orders shall be issued and paid by the said public treasurer for deft-aying ^-«'''"~'^''^*-^
the expence of the late expedition against the Cherokee Indians, and for To be applied
paying the forces employed in the service of this Provmce, and such other |^°*j'j^"'^l^^>™f^'
charges as have been and shall be incuired by pursuing the war against jjtion against
the said Indians, agreeable to the schedule hereunto annexed, and to or for the Cherokees.
ro other use or purpose whatsoever ; and the public treasurer shall render
an account of the issues of tlie said orders when thereunto required either
by the council or the Assembly.
V. And that such persons as may have legal demands vipon the public
for provisions, or for the hire of wagons impressed for the service of the Treasmer to
said expedition, and have not sent in their claims, may receive payment a«^l^y^g\\gg '^^ ^^
soon as may be, Be it enacted by the authority aforesaid. That the public clainnuits who
treasurer shall immediately after the passing of this Act publish an adver- f"'.'""'''*'"^';^
, , ,.'', ^ P. ,, ^11 1 1 said expedition,
tisement in one or both oi the gazettes requiring all persons who nave legal
demands upon the public for provisions or for the hire of wagons impress-
ed for the service of the said expedition, to bring or send their claims to
him that the same may be settled and paid ; and the said treasurer shall as
often as any such claims are brought to him, forthwith deliver the same to
the commissioners hereinbefore named ; and the said commissioners, or any
four of them, shall have power and authority, and they are hereby fully
authorized and impowered, until the meeting of the next General Assem-
bly, but not after, to examine and adjust all such claims, and to give orders
upon the public treasurer for payment of all such sum and sums of money as
shall appear to them to be legally due to any person or persons whosoever
for provisions or for the hire of wagons impressed as aforesaid, and the
said treasurer is hereby required to pay the same accordingly out of the
money provided for that purpose by the schedule to this Act annexed.
VI. And forasmuch as many of the horses and other ai tides impressed
for the public service (for payment whereof provision is made by this Act)
may have been returned to the persons from whom the same were impress-
ed, or such persons may have since or may hereafter come to the possession
thereof, or received or may hereafter i;eceive information where the same
are to be had, which, being the property of the public, ought to be either
accounted for or restored ; and forasmuch as the accounts and other papers
delivered in to the treasurer for the service of the said expedition were
not properly attested; Be it therefore further enacted by the authority
aforesaid, That the public treasurer shall not pay any part of the said
orders to any person whatsoever, for any horses, carts, waggons, provisions,
or other article or thing whatsoever that were or was impressed for the
service of the said expedition, until the person to whom the same is due
shall have taken the following oath, before the said treasurer, who is here-
by impowered to administer the same, or before one of his Majesty's jus-
tices of the peace, who shall give such person a certificate thereof,
gratis, to wit : " 1, A B, do swear that none of the horses or other articles afin,j,^ig,eed to
or things whatsoever, impressed for the public service, have or hath been claimants,
returned to me, or in any manner came to my hands or possession, since
the same was or were impressed, excepting what I now return ; and in
case any horse or other article or thing whatsoever, that hath been so im-
pressed, shall at any time hereafter come to my hands, possession or
knowledge, I will, with all possible expedition, either account for the value
thereof with the treasurer, or acquaint him therewith, that the same may
be restored to the public ; and I do further swear that the money by me
now demanded is tmly and justly due to me from the public : So help me
God."
116 STATUTES AT LARGE
A. D. 1760. VII. And he it also enacted, That if any of the things impressed as
^"-^'"^'^"^'-^ aforesaid, and for which payment is directed by the schedule hereunto an-
A moiety to be nexed, have been returned to or have come into the possession of the
deducted lor person from whom the same was impressed, or to his or her use, it shall
ed, be lawful for the treasurer, and he is hereby impowered and ordered, to
deduct a moiety out of such person's account, as the thing returned as
aforesaid has been valued at in the said account , and also to demand, sue
for and receive back a moiety of such sum as shall have been paid to any
person or persons, to whom any of the things aforesaid shall hereafter be
returned, or to whose possession or use the same shall come respectively,
as aforesaid,
VIII. And he it further enacted by the authority aforesaid, That the
Orders to pass ^^^^ orders shall pass in payment to the public treasury for the value,
expressed equal to so much money, as is expressed in the denomination of each
therein. order, until the last day of November, one thousand seven hundred and
sixty-five, but not after.
IX. And whereas, the sum of seventy thousand poimds is provided by
the schedule to the Tax Act, for calling in and sinking the like sum of the
When to he ^^^'^ Orders, so that there will be two hundred and forty-six thousand six
called in and hundred and ninety-three pounds two shillings and five pence, remaining
^""'^" of the said orders, to be called in and sunk ; Be it therefore enacted by the
authority aforesaid. That the said remaining part of the said orders shall
be called in and sunk within the term of five years from the time of 2:>assing
this Act, at one fifth part thereof, in every year, by general taxes, to be
annually levied on the estates, real and personal, of the inhabitants of and
others interested in this Province ; that is to say, the sum of forty-nine
thousand three hundred and thirty-eight pounds twelve shillings and six
pence, for sinking one fifth part of the said orders, shall be inserted in the
schedules annexed to the tax laws that shall be made for defraying the
charges of the Government of this Province for the several and respective
years of our Lord one thousand seven hundred and sixty, one thousand
seven hundred and sixty-one, one thousand seven hundred and sixty-two,
one thousand seven hundred and sixty-three, and one thousand seven hun-
dred and sixty-four.
X. And he it further enacted by the authoiity aforesaid. That in case
„ , a tax law for defraying the charges of any of the years aforesaid shall fail
quired sums of being made before the first day of August then next ensuing, then and
are to be raised, in every such case the said sum of forty-nine thousand three hundred and
thirty-eight pounds twelve shillings and six pence, shall be raised, levied
and paid, for such year or years, out of the estates, real and personal, of
the inhabitants and others interested in this Province, in such proportion
and manner, and under such restrictions and limitations, and at such time
and times in each year, as shall be directed and provided by an ordinance
or resolution of the General Assembly, and shall be inquii'ed of, assessed
and collected by such inquirers, assessors and collectors as shall be nomi-
nated and appointed for those purjjoses by such ordinance or resolution ;
but should it so happen that no such ordinance or resolution should be made,
then the inquirers, assessors and collectors of the last preceding tax, shall
assess, levy and collect the said sum of forty-nine thousand three hundred
and thirty-eight pounds twelve shillings and six pence ; and in all such cases
the annual rates of all the slaves in this Province shall be ten shillings per
head ; and of all lands without the limits of Charlestown, ten shillings per
hundred acres ; and the sum of five shillings per centum on the value of
all town lots, wharfs and buildings and other lands within the limits of any
town, village or borough in this Province ; the bounds of Charlestown to
OF SOUTH CAROLINA. 117
extend as far as the new fortifications, from Ashley river to Cooper river ; A.D.17()0.
and the sum of five shillings on every hundred pounds owing to any person
on bond or other specialty or note of hand, bearing or including interest,
over and above what they pay interest for ; and at the rate of one per cent,
on all monies arising from annuities ; and the sum of five shillings per
centum on every person's stock in trade, that is to say, wares, merchandize
and book debts of persons in trade, shopkeepers and others; and the like
sum of five shillings per centum on all faculties, professions, (the clergy
excepted) factorage, and handicraft trades throughout the Province.
Which said sum of forty-nine thousand three hundred and thirty-eight
pounds twelve shillings and six pence, shall be annually applied for calling
in and exchanging the said orders ; and the said orders, from time to time,
as the same shall come into the treasury, shall be cancelled and destroyed,
in the presence of a committee of the Council and Assembly, to be ap-
pointed for that pui'pose.
XI. And he it further enacted by the authority aforesaid. That the
public treasurer for the time being, shall be, and he is hereby obhged ^^^I'y^l "/easu-
and required, from time to time, as any money shall come into his hands, rer under this
of the sums hereby directed to be annually levied and collected, to exchange ^^t.
the same for so much of the public orders to be issued in virtue of this Act,
and shall not, upon any account or pretence whatever, re-issue any of the
said orders, but shall carefully retain the same in his hands, to be cancelled
and destroyed as , aforesaid. And the said treasurer shall be allowed ten jjjg jges.
shillings on every hundred pounds for receiving and paying the said orders
away and all his trouble in the execution of this Act.
XII. And be it also enacted by the authority aforesaid. That any person
or persons who shall counterfeit, raze or alter any of the public orders Penalty for
issued by virtue of this Act, or shall offer them in payment knowing the counterfeiting.
same to be counterfeited, razed or altered, and every person and persons
who shall assist, abet or procure the counterfeiting, razing or altering such
orders, being thereof duly convicted, are hereby declared and deemed
guilty of felony, and shall suffer death as felons, without the benefit of
the clergy.
THE SCHEDULE,
TO WHICH THE ACT ANNEXED REFERS.
To the following persons for articles impressed by Colonel Pawley's battalion, viz :
Peter Porcher, rice, - - - - - - - - £ 16 02 00
Thomas Potts, sundries, -..-... 16 10 00
John McDowall, a cart, 18 00 00
William Thompson, a cart, - - - - - - - 17 10 00
Alexander Davison, a sheep, - - - - - - - 3 00 00
Thomas Potts, 8^ bushels of corn, 4 05 00
Archibald Johnston, 4,149 lbs. weight of flour, ... - 269 13 07
Aquila Miles, a horse, ....... 30 00 00
Elisha Scriven, two horses, - - - - - - - 95 00 00
Samuel Lorimer, two horses, - - - - - - 65 00 00
William Cooper, a horse, - - - - - - " 67 15 00
Henry Tuthy, three old bridles, - - - -. - " 1 00 00
Charles Woodmason and Company, sundries, - - - • - 68 18 06
James Hamilton, a bullock and nine bushels of corn, - - - 16 15 00
Daniel Dupree, two horses and bells, - - - - - - 83 17 06
John Baxter, a waggon and horses, .... - 295 10 00
Thomas Lorimer, a horse, - - - - - - • 500000
118
STATUTES AT LARGE.
A. D. 1760. Hugh Hall, deer skins, - - - - - * "
Joseph Scriven, horses, ------
Susanna Scriven, ..------
William Dargon, corn and fodder, ..----
Forges McDowell, repairs to carts, .-----
Conrad Holman, corn and straw, ....--
Samuel Thomas, corn, ....---
Christopher McDowell, repairs to carts, . . - - -
Joshua Scriven, a buUlonk, £ 14 ; rice, JE5 ; traces and sole leather, £8 10s.
Anthony Martin White, a horse and mare, . . - - -
Anthony White, sundries, -------
John White, boards and pasturage of horses, . - - - -
Joseph White, a weather, £3 5s. ; a horse cart, £23, . . -
Joseph Scrivener, a horse, ...----
John Gregg, a cart and other articles, . . . - -
Henry Tuthy, a cart and horses, - . - - -
Peter Lessene, a horse and cart, ..-.--
Henry Scriven, a cart and harness, ...---
Joseph McCree, two horses, (to be paid upon producing a certificate from
the proper officer,) ...----
John McCree, a horse and mare, ditto, . - - - -
Othniel Beale, Son and Company, ------
To the following persons, for articles for the use of Colonel George Gabriel
Powell's battalion, viz :
Richard Wright, cooper's ware, ....--
John Gudding, two hogs, -------
Charles Ash, cartage, ...-----
Joseph Parsons, guiding the battalion from Saluda to Broad River, -
Ambrose Adams, entertainment, ------
Peter Crim, ditto, ------
David Anderson, 16 head of cattle, ------
John Crawford, supplied men, and deducted out of their pay,
Abraham Lundy, beef, --------
John Jenkins, two beeves and ten bushels of potatoes, - . -
John Cooper, three bullocks, -------
Robert Weaver, provisions, ------
Sarah Jones, bread, ....---•
Edward Teel, 26 bushels of corn, ...---
Robert Weaver, horses and carts, £123, and provisions £6 12s. 6d, -
Sarah Knights, potatoes, ....---
Joseph Holland, a fat cow, --.---.
Robert Weaver, balance of his account, sundries, - - - .
David Anderson, beef, .-.-----
Christopher Gadsden, Esq. sundries, deducted from thejmen's pay.
To the following persons, for Colonel John Chevillette's battaUon:
WilUam Turner, for purchasing and driving cattle, ^ -
George Hooper, for flour, . . - . .
Peter Whiting, for provisions, . . . . -
Samuel Scott, for sundries, . . . . -
Leonard Rough, for flour, - • - - -
Wilham Lawrence, for a piece of Osnaburghs, - - -
William Turner, for nineteen head of cattle, - . • -
Michael Snyder, for 1045 lb. weight of flour, . . -
James Jenkins, for three head of cattle, - . . .
Susanna Burnett, for thirty-five bushels of corn, - . -
John Stewart, for 1855 lb. weight of flour, , . . -
Elizabeth Mercier, for 8 bushels of EngUsh pease, JC12, and for 20 bushels of
corn, £15, -
£ 21 12 00
155 00 00
55 00 00
4 00 00
9 00 00
9 10 00
3 05 00
9 00 00
27 10 00
60 00 00
380 12 00
87 06 09
26 05 00
60 00 00
41 00 00
161 00 00
46 00 00
25 00 00
72 00 00
72 00 00
147 00 00
4 07 06
5 00 00
10 00 00
1 11 00
9 10 00
4 04 00
116 00 00
283 11 09
7 00 00
12 00 00
23 00 00
10 00 00
19 12 06
9 15 00
129 12 06
6 00 00
8 00 00
385 09 01
20 00 00
963 01 00
79 10 00
78 03 00
13 GO 00
600 16 03
25 17 06
48 00 00
202 00 00
41 17 06
34 00 00
26 05 00
74 05 00
27 00 CO
OF SOUTH CAROLINA. 119
To the following persons, for Colonel Richard Richardson's battalion, viz : A. D. 1760.
Colonel Richard Richardson, for 10 head of steers, £130, and for a horse, £40,
Joseph Kershaw, for sundries, .....
Estate of Christopher Easton, for a steer, ...
David Davis, five steers, ......
Thomas Bosher, for a horse, .....
To the following persons, for the battalion commanded by Lieut. Colonel
Benjamin Singleton, viz :
Thomas Anderson, for twenty-three bushels of corn, ...
Michael Lightner, for the hire of a mare, ....
Peter Whitton, for corn, potatoes and forage, ....
Benjamin Waring, Esq , for a drum, ....
Frederic Hoof, for twenty head of steers, ....
Conrad Kenslar, for thirteen head of cattle, ...
John Grossman, for hire of a cart and two horses two days,
Michael Taylor, for 102 bushels of corn, at 10s. ...
Magdalene Linder, for 450 lb. weight of flour, at £5, ...
John Mouncey, for flour and salt, ....
To the following persons, for Colonel Daniel Hey ward's battalion, viz :
The estate of John Izard, for eight barrels of rice and beef,
Hans Amaker, for two steers, at £12 10s., ...
Maurice Harvey, for a cart, .....
John Grayson, for 1373 lb. weight of flour, at £6 10s.,
The estate of John Splatt, for a steer, ....
Elijah Postell, Esq., for a horse, .....
Francis Stuart, for sundries, - -
Benjamin Waring and Ralph Izard, Esqs., for a horse,
John McQueen, Esq., for a horse, .....
The estate of John Hutcheson, for a cart and two horses,
Thomas Bowman, for a cart-horse, .....
John Chapman, for a cart, .....
John Mullryne, for a horse and cart, .....
Colonel Daniel Hey ward, for a horse, ....
James Sharpe, for a handsaw and chisel, ....
John Postell, for two horses, .....
To the following persons, for a detachment from Colonel Henry Hyrne's
regiment, viz :
Philip Isamar, for a hog, .--...
Philip Jacob, for corn blades, a hog and potatoes, ...
Ralph Sand ford, for a horse, - , -
George Johnson, for provisions, .....
Rev. Mr. John Geissendander, for hire of a horse 7 days,
Joseph Anger, for a horse, .....
Abraham Churcthner, for hire of a man, can and horse, 3 days,
Estate of Richard Waring, for two stall-fed oxen, ...
Melchor Hoffman, for corn and corn blades, ....
John Mather, for a cart, .....
WilUam Young, for provisions, .....
William Hart, for seven steers, and driving, - - .
Christopher Minnick, for 11 head of cattle, at £9 10s., ...
Henry Rinchenbackor, for flour, pease and hogs, - • '
John Single, for hire of a horse two days, . . . -
Nicholas Shooler, for a steer, .....
Samuel Suther, for the hire of two horses seven days, at 40s. per day,
Nicholas Zorme, for a mare, and damage done his cart,
Nicholas Noey, for the hire of a horse, £3; for a hog, salt, &c., £6 5s. ; a bushel
of corn, lOs., and a horse for an express, eleven days, £8 5s.,
Samuel Elliott, for the hire of a negro drummer, ...
£170 00 00
779 07 04
13 00 00
65 00 00
25 00 00
17 05 00
17 05 00
9 00 00
14 00 00
240 00 00
127 00 00
5 00 00
51 00 00
22 10 00
121 02 09
132 00 00
25 00 00
10 00 00
89 05 03
12 00 00
25 00 00
73 11 10
10 00 00
65 00 00
65 00 00
40 00 00
32 00 00
63 10 00
15 00 00
1 17 06
75 00 00
4 10 00
6 17 06
48 00 00
35 00 00
7 00 00
40 00 00
6 00 00
50 00 00
1 00 00
10 00 00
5 00 00
72 00 00
104 10 00
21 16 03
2 00 00
8 00 00
14 00 00
29 10 00
18 00 00
44 05 00
120
STATUTES AT LARGE
A. D. 1760. To the following persons, for the use of the several battalions :
John Guerard, Esq., for salt, - - . - -
Joanna Monck, for thirty bushels of potatoes, ...
John Page, for flour, .--...
Estate of Benjamin Newton, for a fat cow, ...
Anthony Rjack, for flour, £-2G 9s. lOd-, and corn-blades, £14 5s.,
Jacob Gallman, Jr. for a steer .....
John Gallman,Jr. for a steer, . . - . *
Philip Puhl, for flour, ......
John Cole, for collecting and driving steers, . . . -
William Berry, for the hire of a horse nine days, - . .
Ulric Boukman, for flour, -..--.
Anthony Boukman, for two head of cattle, ...
Godfrey Dreyer, four certificates for flour, . .. . ,
William Lloyd, for shot, kettles, &c. ....
Henry ShoU, for flour, ......
Alexander Tate, for provisions and pasturage, . . -
Carne & Wilson, for medicines, . . . - .
Andrew Bargainer, for hire of a horse 23 days, at 15s.
Samuel Liver, for the hire of two horses, . . . -
Conrad Holman, for entertaining the Governor and several others,
William Banbury, for ton barrels of bread, . . . -
William Seawright, 7 certificates for entertaining several parties, for provisions,
potatoes and two fat cows, . . - .
Jfethro Manning, for flour, ....--
Charles Stevenson, on John Ploughman's order, for 1300 lb weight of flour,
Mary Peronneau, for entertaining troopers, £69 10s., and part of St. George's
Company, £5 15s. .-.-..-
Frederic Toover, for the hire of a horse, . . • .
Thomas Wright, Esq. for sundry articles, . . - .
Conrad Folk, -for flour, ..-.--
Simeon Theus's estate, for entertaining several parties, . . .
Michael Christopher Rowe, - - -
George Tickle, for entertaining troopers, ....
John Kesson, for sundries supplied the troopers, £ 1 16 15s., and for the hire of
a horse, ;C12, -....-
Gasper Foust, for twenty-six head of cattle, . . . .
Thomas Elliott, for sixty-two head of cattle,
Hans Ulric Buckhurst, for flour, . . - - .
Robert McCuen, for corn blades, ....
George Spigner, for flour, ..----
Jacob Hyley, two certificates for flour, ....
Robert Carter, for driving cattle. - - - - , -
Mary Sneether, for flour, £65 10s., and for hire of horses, £84,
Ehas Taige, for flour, ..-.--
Nicholas Smith, for flour, .....
William Tullwood, for the hire of a horse, . . . -
Henry Gallman, five certificates for flour, £171 7s. 2d., for corn and pasturage,
£28 15s. ..-..-.
Nicholas Miglar, for blacksmith's work, account £5 6s. 6d., certificate 15s.
Harman Christopher Detring and Conrad Geiger, for pasturage of cattle,
David Anderson, for thirteen head of steers, . - . .
John Anderson, for Indian corn, . . . -
Jacob Hagaboog, four certificates for cattle, ....
Richard Owen, two certificates for corn and forage, - . .
Samuel Little, for corn, £15, and for beef and potatoes, £28 Is. 8d.
Joseph Russell, for corn, . - - . .
PaulTownsend,onanorderof Andrew Hacker, for corn,
Rrtil To wnsend, on an order of John Kennett, for flour.
£ 78 10 00
7 10 00
56 07 00
9 00 OC
40 14 10
9 10 00
9 00 00
188 14^04
176 00 00
6 15 00
48 08 00
21 00 00
2333 02 00
270 11 03
44 15 00
12 17 06
200 00 00
17 05 00
37 10 00
55 00 00
79 16 00
161 18 09
94 08 09
48 15 00
75 05 00
15 00 00
198 02 09
77 13 06
104 18 09
30 13 00
8 12 06
128 15 00
296 10 00
802 10 00
43 19 08
20 00 00
22 15 09
76 14 7i
222 10 00
149 10 00
8 19 05
9 14 07
25 00 00
200 02 02
6 01 06
10 00 00
169 00 00
92 05 00
55 00 00
36 02 06
43 01 08
14 00 00
30 00 00
150 06 00
OF SOUTH CAROLINA.
121
Paul Townsend, on an order of Michael Huck, for a steer, - - £ 10 00 00
Thomas Anderson, for corn, - - - - - 12 15 00
John Ward, on an order of Michael Hetley, for corn blades, - - 12 00 00
Felix Grose, for flour, ^52 6s., and for service as a wheelwright, £67 5s. 119 11 00
Nathaniel Broughton, for corn, - - - - - 15 15 00
Christopher Gadsden, Esq., on John Lyde's order, for rye and corn, - 10 05 00
Luke Stoutenburgh, Esq. for a horse and cart, - - - - 65 00 00
Christopher Gadsden, Esq. two certificates for beef, - - - 40 07 06
Archibald Campbell, for sundries, - - - - - 93 05 00
Samuel Perkins, for two horses, - - - - , 40 00 00
John George Smithpeter, for provisions, .... lOS 15 00
Anthony Cutter, for a horse, - - . - - 40 00 00
Hugh Winter, for the hire of a horse, - - - - - 9 00 00
Conrad Holman, for provisions and forage, - - - - 19 00 00
George Austin, Esq. for a horse. - - - - - 35 00 00
Jacob Miller, for a liorse, - - - - - 50 00 00
Henry Ravenelj, for a horse, - - - - - - (i7 10 00
Wadboo Estate, for provisions and corn, two certificates, - - 7104 02
William Hansworth, for fodder and oats, - - - - 30 00 00
Thomas Godfrey, on Philip Pledger's order, for two horses, - - 65 00 00
Colonel George Gabriel Powell, for a cart and harness, - - - 20 00 00
The estate of John Scott, deceased, for 4 horses, £140, and for 4 steers, ;C52, 192 00 00
Mary Langley, for two horses and saddles, - - - - 75 00 00
Stephen Eleazer, for a steer, - - - - 10 00 00
Jacob Boughter, for steers and flour, three certificates, - - ■ - 120 07 00
Christian Theus, for flour, - - - - - 23 07 00
Samuel Irwin, for flour, - - - - - - 63 13 00
Mary Langley, for a horse, - - - - - 15 00 00
John Rowell, for provisions, two certificates, - - - - 73 19 06
John fllikeU, for a steer, - - - - - 10 00 00
Theophilus Norwood, for provisions, - - - - - 3 00 00
Charles Faucheraud, Esq. for a horse, - - - - - 120 00 00
George Austin, Esq. for a pair of cart wheels, - - - - 12 10 00
Thomas Burton, for a horse, - - - - - 20 00 00
Captain Hazzard, for a bullock, - - • - - 15 00 00
Samuel Nelson, for three steers, - - - • - 39 00 00
Peter Mellet, for two steers, - - - - . 26 00 00
Robert Carter, for a fat cow, - - - - - 11 00 00
James McElvie, several certificates for sundries, . . . _ 160 17 06
Hans Sicgrisl, for cattle, - - - - - - 27 00 00
John Parker and Company, for sundries, - . - - 87 09 00
George Keith, for flour and waggon hire, - - - ' - 48 10 00
Jacob Tyler, for waggon hire, - - - - - 28 00 00
Jacob Murff, for ditto, - - - - - - 28 00 00
Elizabeth Mercier, for provisions, £43, and pasturage of cattle, £2 18a. 45 18 00
John Cole, for driving cattle, - - - - - 10 00 00
Ulric Backman, for three steers, - - - - 30 00 00
Michael Lightner, for waggon hire, - - - - .- 28 00 00
Jacob Haggabuck, for eleven head of cattle, ... 1200000
Terence Railey, for flour, - - - - - - 96 10 00
Godfrey Dreyer, for flour, - - - - - 177 00 00
Adam Summers, do. - - - ~ - - - 80 15 00
John Sheely, do. - - - - - - 95 03 00
John George Smithpeter, for waggon hire, - - - - 40 00 00
Henry Hartley, for cattle, ^£136, and for flour, £91 18s. - - 227 18 00
Conrad Shire, for flour, - - - - - . 60 15 00
Jesse Godwin for cattle, - - . - - 77 00 00
Frederic O'Neaie, do. - . , - - - . 80 00 00
William Baker, for flour, - - - . . 194 03 00
Harman Christopher Bettering, for flour, - - . - 65 00 00
VOL. IV.— 16.
A. D. 1760.
122
STATUTES AT LARGE
A. I). 1760. William Seawright, for cattle,
Colonel Colleton, for beef, ....
t'atharine Hughes, for a steer, - -
David Davi>i, for three steers, ....
Conrad Holrnan, for two steers,
Sampson Ball, for three steers, ....
John Ward, for a steer, ....
Thomas Nightingale, for waggon hire,
Moses Tompson, for a steer,
Peter Crim, for cattle, . - . . .
Conrad Kensall, on Henry Sestrnnk's order, for cattle,
Thomas Drayton, Esq. for cattle, . . - •
Elizabeth Mercier, nine orders and certificates for sundries,
Alexander Mcintosh, for a horse and cart, ...
Thomas Godfrey, on Philip Pledger's order, for wheat,
Thomas Kennerly, for cattle, ....
John Brossee, for the hire of a cart and horses,
Nicholas Tetherholf, for provisions, ...
'Peter Roat, do. ...
William White, do. ...
Michael Taylor, for a hog, - -
Da Costa and Farr, for brass kettles, ...
Ward and Legcr, for powder and bullets, ...
Daniel Cokely, for flour, . . . -
James Smith, for driving cattle, ....
Ernest Hans Hoff, for work done to carriages,
John Ward, for cattle, - . - . .
George Power, for flour, ....
Richard Hill, for provisions, ....
Anthony Coulter, for flour, - . - .
Daniel Mickler and William Ritnover, two accounts for blacksmith's work,
William Ritnover, on Daniel Mickler's order, for blacksmith's work,
Tunes Tebout, for horse hire, ....
Thomas Anderson, for Indian corn, two certificates,
James Anderson, three certificates for Indian corn,
Thomas White, two certificates for corn and salt,
Ancrum, Lance and Loocock, on orders of the following persons, viz :
James Brunson, for cattle, - - - - J
Samuel Thompson, for horse hire and flour, - . -
William Allison, for driving cattle, ....
Thomas McFadden, for horse hire, ....
Jacob Rumph, for cart hire, ....
Tobias Hartshog, for cattle, .....
Christopher Rowe, for cattle, ....
Jacob Rumph, 3 certificates more, for cattle and corn,
Henry Tflder, for cattle, .....
James M'Girt, for a steer, .....
William Cantey, for a steer, ....
James Kelly, for a waggon and provisions,
William Curson, two certificates for horse hire,
Evan Evans, for hire of a waggon and horses, -
John Cannon, for flour, £214 5s., and for waggon hire, £450,
James Funning, for waggon hire, in part, ...
Captain John Cantey, for cattle, bread, flour and other
provisions, ......
John Paine, for waggon hire, •. -
Mary McKennie, for the hire of a horse,
Jasper Sutton, part of what was due for waggon hire,
Samuel Wyley, for horse hire, £32 10s., and for corn, £450, -
David Dixon, for waggon hire, ....
.
£112 00 00
.
94 00 00
.
13 00 00
.
39 00 00
.
16 00 00
.
39 00 00
-
13 00 00
.
578 11 00
.
9 00 00
-
1,045 00 00
-
40 00 00
.
388 00 00
-
1,725 01 09
-
85 00 00
.
25 00 00
.
57 00 00
.
33 00 00
-
44 04 00
-
74 13 01
-
6 08 00
-
3 00 00
.
426 02 06
.
380 00 00
-
13 00 00
.
12 12 00
.
23 il 06
-
39 00 00
.
142 14 00
.
6 10 00
-
23 15 00
ork.
102 00 06
-
15 00 00
-
20 00 00
.
102 15 00
-
253 05 00
-
80 13 09
; 26 00 00
8 05 00
12 12 00
16 00 00
5 00 00
38 00 00
34 10 00
120 10 00
47 10 00
13 00 00
13 00 00
86 00 00
19 00 00
215 00 00
G64 05 00
313 05 00
109 00 00
40 00 00
27 10 00
411 10 00
482 10 00
465 00 00
OF SOUTH CAROLINA.
12^
Curtis Colwell, for guiding Colonel Powell's battalion,
Thomas Abbot, for a steer, - . . - .
John MoKiddy, for a horse, ....
Samuel Thompson, for flour, ....
John Marton, for a steer, . . - . .
Isaac Ross, for a steer, .....
Richard Middleton, for a steer, ....
Captain James McGirt, for a steer, . . - -
Robert Carter, for cattle, .....
Captain William Cantey, for cattle, ....
Daniel Malthews, two certificates for provisions,
Thomas Marler, for provisions, ....
Luke Gibson, for provisions, ....
Joseph Mickle, for driving cattle, ....
Matthew Huggins, for provisions,
Judith Brown, for provisions, ....
Oliver McHafTy, for potatoes, ....
Joseph Kershaw & Company, for sundries, -
Thomas Maple, for cattle, ....
Josiah Cantey, for a steer, . . - . -
Hans Waggoner, two certificates for provisions,
WilUam McKnight, Joseph Davis and John McConnell. for
waggon hire, ......
John Price, for waggon hire, ....
Matthew Gillespie, ditto, .....
Matthew Gillespie, for flour, ....
Joseph Davison, for flour, .....
Alexander McKnight, for flour, ....
James Kelly, for cattle, . . - . .
George Parks, for blankets and osnaburgs,
Samuel Wells, for cattle, .....
Martha Hollinger, for^flour, ....
Henry Thompson, for waggon hire,
Stephen Elmore, for do.
James Hanis, do. ....
John Robeson, do.
William Elmore, do. - - - -
William Brand, for hire of a cart and horses,
William Cantey, for a horse, ....
John Wright, for two horses, ....
Israel Grant, for corn, . . . . -
Joseph Kershaw and Company, for waggon hire, £335 ; and
for another waggon and four horses lost, X?57 10s.
Peter Laince, for provisions, ....
James Love, for waggon hire, .£260, and for five head of
cattle, £60, .
Matthew Elmore, for flour, ....
Daniel Matthews, for provisions, . . - .
Robert Rawlins, residue of the sum due to Jasper Sutton, for waggon hire,
Benjamin Godfrey, residue of the sum due to James Fanning,
John Rawl, for waggon hire, ....
Felix Long, do. ...
Paul Townsend & Company, on Adam Ebting's order, for waggon hire,
Adam Shickle, on said Ebting's order,
Fehx Long, for a horse, ....
Peter Aker, for waggon hire, ...
John Mick, do. -
Lawrence Keiser, do. ...
John Mick, do - . - -
; 3 02 00
A.D.17t;o.
13 00 00
V,-*'
-V>fc.
25 00 00
7 10 00
• 7 00 00
12 00 00
13 00 00
13 00 00
104 00 00
104 00 00
28 07 06
4 00 00
4 17 06
6 00 00
10 10 00
5 00 00
7 10 00
I'JC. 19 09
26 00 00
13 00 00
39 17 00
250 00 00
330 00 00
335 00 00
50 05 00
24 11 05
30 15 07
52 00 00
128 00 00
20 00 00
2 00 00
280 00 00
407 10 00
272 00 00
195 00 00
161 01 03
57 00 00
60 00 00
45 00 00
51 07 06
692 !0 00
10 00 00
320 00 00
73 10 00
7 19 06
-P'
7,683 16 00
ihire,
38 10 00
.
76 15 00
.
373 00 00
re,
82 00 00
345 00 00
120 00 OO
-
50 00 00
-
402 00 00
68 00 00
388 10 00
76 10 00
124 STATUTES AT LARGE
A. D. 1760. Christian Simmerman, for waggon hire, ... - £3620000
John Mick, do. ... 68 GO 00
Terence Railey, do. .... 435 00 00
Ebenezer Way, do. ... .50 00 00
William 3IcKenny, .do. .... 385 00 00
Robert Reid, do. - - - 65 00 00
James Beamer, do. - - - - 35 00 00
Paul Townsend & Company, on John Ploughman's order, for waggon hire, 440 00 00
John Stouts, for waggon hire, - " - - - - 294 10 00
Sarah Niglitingale, do. .... 10 10 00
Paul Townsend & Company, on Conrad Shirer's order, for waggon hire, 373 13 09
Evererd Encey, " " " 71 06 03
Godfrey Dreyer, " " " 5 00 00
William Savage, on Dennis Haigon's order, for waggon hire, - 480 00 00
Peter Crim, for waggon hire, .... 388 10 00
Felix Long, do. ..... 76 10 00
Conrad Holman, for hire of a cart and horses, - - - 246 00 00
Andrew Kogler, " >i u ... 237 10 00
Evererd Enoy, " " '• ... ,59 10 00
John Stewart, for waggon hire, .... 365 00 CO
Paul Smyser, do. - - - - 20 00 00
Conrad Folk, do. - - - - - 437 10 00
Paul Smyser, do. .... 67 10 00
Andrew Hicker, for the hire of a cart and horses, ... 250 12 06
Evererd Ency, for ditto, " " " . . . 49 07 06
William Hayes, for waggon hire, .... 390 00 00
Feli.x Long, .... . . . . 85 GO 00
John Simmons, ""..... 397 10 00
Paul Smyser, .... .... 67 10 00
Joseph Irwin, .... . . . . 110 00 00
Robert Reid, ..... . . . . 94 10 GO
Henry Croome, .... .... 333 ]2 06
Evererd Ency, " " . . . . .^ 56 07 06
John Wildermoth, •• " .... 340 00 00
Thomas Bell, ..... . . . . 110 10 00
Robert Reid, .... . . . . 94 10 00
John Bickle, ..... . . . . 352 07 06
Evererd Ency, » •< - - . . 62 12 06
Thomas Anderson, " " . - - - . 369 15 00
Michael Kelleison, " " .... 35 03 00
Henry Gallman, ""..--- 490 GO 00
Zachariah Isobell " " .... 240 00 00
Anthony Ern.st, for hire of a cart and horses, - - - 240 00 00
Thomas Kennerly, for waggon hire, .... 2400000
Jacob Neark, for hire of a cart and horses, .... 1300000
Michael Lightner, for waggon hire, .... 390 00 00
Jacob Buchman, for hire of a cart and horses, . - - 156 00 00
Leonard Rufus, for the like service, .... 1110000
Jacob Scop, for the like service, • . . - . 237 00 GO
George Uzman, for the Uke service, . . - - 122 10 GO
Leonard Sammat, for the like service, .... 2340000
John Frimouth, for the hire of horses, corn and other articles, - 149 07 06
Jacob Fridig, for waggon hire, ..... 310 00 00
Gasper Foose, ditto, .... 390 00 00
John Repp, ditto, - - - - - 280 00 00
George Hooper, ditto, (on making oath that not less than four horses
were employed,) - - - - - 405 GO 00
(jeorge Insinger, for the hire of a cart and horses, - - 111 00 00
John Ulric Reiser, ditto, ... 198 00 00
George Smithpeter, for waggon hire, - - - 420 00 00
OF SOUTH CAROLINA. 125
Henry Gallman, for waggon hire, - £485 00 00 A. D. 1760.
George Keith, for waggon hire, - .... 390 00 00
Philip Pledger, for hire of a carl and horses, .... 255 00 00
John Sheally, for waggon hire, - - ... 4600000
Jacob Tyler, do. - - - . . * 290 00 00
Jacob Murphy, do. - - ... 380 00 00
Jacob Detiering, - do. - - - ... 460 00 00
John Reece, do. - - ... 415 OO 00
Evererd Ency, on an order of Thomas Greenlage, for hire of a cart and horses, 204 00 00
Nathaniel McKennie, for waggon hire, - ... 395 oO 00
John George Bower, for the hire of a cart and horses, ... 153 00 00
John Gizzlehard, for the like service, - - - - - 198 00 00
John Gartman, for waggon hire, . ...... 440 00 00
John Archibald, do. ...... 230 00 00
John Mercer, do. ----- - 275 00 00
Martin Timberman, do. - - - - - - 415 00 00
Hugh Hall, do. 230 00 00
Gilbert Fowler, do. ...... 380 00 00
Elizabeth Mercier, for a waggon lost, .... . 125 00 00
Michael Snyder, for the hire of a cart and horses, - - 129 00 00
John Long, for waggon hire, .... . 1070000
Jacob Trast, do. - - - - - 325 00 00
John Rawl, do. .... . 130 00 00
John Erhord, for the hire of a cart and horses, - - 159 00 00
Nicholas Tederhoff, for the like service, - - - 153 00 00
James Spratt, for waggon hire, ... . 275 00 00
William Field, do. - - - - - 290 00 00
John Wilson, do. .... 275 00 00
George Lide, for the hire of a cart and horses, ... 2010000
Matthias Wecker, for the hke service, - - - - 1 177 00 00
John Mouncey, on James Otterson's order, for waggon hire, - - 245 00 00
Melehor Hoffman, for the hire of a cart and horses, - - 159 00 00
Dunbar & Young, on Samuel Irwin's order, for waggon hire, - - 340 00 00
Henry Hartley, for waggon hire, four hundred and seventy-five pounds, 475 00 00
Archibald Murphy, for the hire of a cart and horses, - - 222 00 00
Andrew Allison, for waggon hire, .... 255 00 00
Michael Aichinger, - do. - - - - 285 00 00
Adam Summers, do. - - - - - 420 00 00
John Kyner, do. .... 250 00 00
John Greer, do. - - - - - 390 12 06
Benjamin Godfrey, do. .... 94 07 06
Robert McRarry, do. - - - - - 151 15 00
Michael Kelleison, do. - - - - 98 05 00
James Anderson, do. ..... 315 oO 00
Bernard Montz, do. .... 285 00 00
William Baker, for waggon hire, i;315 ; and for the hire of horses, £63, 378 00 00
Hugh Wilson, for waggon hire, .... - 275 00 00
John Clark, do. - - - - - 230 00 00
George Abernethy, do. ..... 380 00 00
Conrad Kenslar, do. - - - - - 400 00 00
Frederic Rife, for the hire of a cart and horses, ... 207 00 00
Ulric Boeser, for the like service, .... 237 00 00
John Ragnous, for waggon hire, .... 415 oO 00
David Fridig, do. - -, - - - 495 00 00
Henry Whetstone, do. ..... 385 oO 00
Paul Townsend & Company, on John Simmons' order, for the hire of a
cart and horses, ..... 120 00 00
Godfrey Dreyer, for waggon hire, .... 43O oO 00
Lewis Portner, to pay as much as he shall make appear to be due to him
from the public, for waggon hire, - - - 200 00 00
126 STATUTES AT LARGE
A. D. 1760. John George Shindler, for waggon hire, - - - - ;£ 425 00 00
Joseph Poffman, do. - - - - 485 00 00
To the following persons, for the hire of waggons, of which the accounts
have not been dehveredin; and to be deducted out of the said
accounts when deUvered :
Benjamin Godfrey, on Robert Swan's account, - - - 89 15 00
Benjamin Godfrey, on James Mitchell's account, - - - 94 07 06
Sarah Nightingale, on Abraham Pennington's account, - - 23 00 00
Evererd Ency, on Peter Beck's account, - - - 22 17 06
Felix Long, on Jacob Holman's account, - - - 76 10 00
John Meeke, on George Tike's account, - - - - 10 10 00
Estate of John Colleton, Esq. for provisions, - - - 68 00 00
WiUiam Darkins, for corn, £22 10s ; and potatoes, .£3, - - 25 10 00
Thomas Hamilton, for flour, .... 162 00 CO
Thomas Howell, for steers, - - - - - 8100 00
Smith & Nutt, on Henry Foster's order, for flour, - - 105 00 00
Henry Strummer, for corn, - - - - - 2 10 00
Daniel Mickler, for corn blades, - - - - 20 00 00
WilUam Seawright, for corn, £31 10s ; for entertaining Indians who came
to meet the Governor, .£17 5s.; for the hke service on their return,
£17 5s.; for horse hire, £3, . . . . 69 00 00
James Mackelwain and Thomas Hamilton, for flour, . . 420 13 00
Thomas Hamilton, for flour, . . . . . 58 05 00
George Fox, for two steers, . . . . 20 00 00
Margaret Clark, for corn, . . . . . 18 00 00
Peter Crim, for a steer, . . . i 10 00 00
Andrew Williamson, for a horse, . . . . . 21 00 00
Simon Hart, for horse hire, . . . . 4 00 00
Lewis Kettowin, for horse hire, . . . . . ~ 9 10 00
George Smith, for horse hire, . . . 4 00 00
Captain Charles Hart, for provisions for his company, . . 30 00 00
George Dickall, for corn, . . . 6 15 00
John Aberley, for corn and beef, . . . . . 1 14 00
Paul Townsend & Company, on an order of Hans Adam Epping, for flour,
.£135 ; and on an order of George Aigtebanger, for flour, £30, . 165 00 00
John Ward, on several orders of Dennis Hays, viz : for provisions for
Indians, .£17 5s.; for corn, £55 10s.; for provisions for several of
the militia, £28 3s. 6d.; for corn and potatoes, £10; for forage, £10, 120 18 06
John Hannes, for driving carriages, .... 207 10 00
George Power, for flour, , . . . 99 17 00
Hugh Herring, pay as a wheelwright, . . • . 28 10 00
Ludovic Fleshover, for blacksmith's work, . . . 18 00 00
John Waties, Esq. for horses, . . . . . 50 00 00
Gasper Dickson, for driving a carriage, . . . 77 15 00
Joseph Deramas, for the hire of a horse, . . . . 6 00 00
Francis Grossman, for driving a carriage, . . . 68 15 00
Dennis Quinyan, George Anderly, Jacob Rizer and Henry Rees, for
attending Indians, . . . . • 46 04 00
William Williamson, for a horse, . . . . . 40 00 00
John Marley, for waggon hire, and hire of schooners, £1112; and for his
services on the expedition, £350, , . . 1462 00 00
John Ward, for swan shot, . . . . . 13 00 00
Abraham Smith, for his pay, and the hire of three horses, . . 200 00 00
Abraham Smith, for attending Captain Stuart, . . . 24 00 00
Captain John Pamor, for beef, . . . . 45 13 00
John Hannes, for attending Captain Stuart, . . . . 16 00 00
Thomas Monk, for a cart and harness, . . . . 17 00 00
William Killingsworth, for cattle, . . . . 36 05 00
John Purvis, for corn, . . . . . 7 10 00
Peter Couterier, for a horse, . . . . . 50 00 00
OF SOUTH CAROLINA.
127
Henry Gilder, for the hire of a horse, . . . jE 22 10 00
The estate of John Crawford, Esq., deceased, two accounts for provisions. 111 09 00
William Dickson, for cattle, . . . . . 84 00 00
John Smith for driving cattle, . . . • 12 12 00
Robert Goudy, the following sums, viz : for waggon hire, jC975 ; for blan-
kets and osnaburgs, £362 17s. 6d.; for lead, £11 4s.; for three
hogs, £10 10s.; for sundry articles, £255 18s. 6d.; for corn, £288
lis. 3d., ...... 1904 01 03
Robert Goudy, on the orders of the following persons, viz :
Of Daniel Cokely, for flour, . . . . £ 467 19 00
Of Mary Reirden, for hogs, ... 15 00 00
Of James Beamer, for carriage of salt, &c. . . 89 02 02
Of Patrick Reily, for flour, ... 141 18 GO
Of Patrick Reily, for driving cattle, ... 12 12 00
Of John Noulan, for the like service, . . 12 12 00
Of Thomas Gill, for hogs, . . . . 12 00 00
Of Ann Lacey, for corn, . . . . 19 07 06
Of Thomas Anderson, for flour, . . . 25 15 00— £ 796
Gasper Dickson, for driving horses, ..... 15
Thomas Ballantine, for the hire of a horse, ... 13
Jacob Larry, for the hire of two horses, .... 27
Colonel Robert Rivers, for the like service, . . . ' 27
Abraham Smith, for the carriage of ammunition, ... 20
Thomas Saunders, for the like service, .... 30
Jacob Vraw, for driving horses, ..... 10
Joseph Norman, for a stall-fed ox, .... 24
Evererd Ency, for horse hire, . . . . • 13
Estate of Richard Waring, for a stall-fed ox, . . . 23
Christopher Harman Uettering, for the hire of a cart and horses, . • ' 50
Samuel Boone, for a horse, . . . . • 41
John Templeton, for wagon hire, ..... 240
William Stewart, for wagon hire, .... 255
Gasper Morgandolar, for the hire of a cart, .... 10
To pay the battalion of Colonel Richard Richardson (as the muster roll of
the said battalion was settled by a committee of the Assembly,) . 14,827 11 00
To pay the men who served as butchers, horse hunters and wood cutters
for the Indians, according to a list returned by Colonel Richardson, . 108 03 00
To pay the detachments from Berkley, Granville and Colleton counties,
who went under the command of Lieutenant Colonel Singleton (as
the pay lists of the said detachments were settled by a committee of
the Assembly,) ...... 9,410 11 04
To pay the battalion of Colonel John Chevillette, (as the muster roll of
the said battahon was settled by a committee of the Assembly,) . 13,109 12 08
To pay the battalion of Colonel George Gabriel Powell, (as the muster roll
of the said battalion was settled by a committee of the Assembly,) . 10,342 13 05
To Lieutenant Colonel Benjamin Singellton, . • . 124 00 00
To the Public Treasurer, advanced by him for contingent services, . . 4,000 00 00
To the same, advanced to pay the militia, .... 7,000 00 00
To Mr. Joseph Nutt, commissary on the said expedition, eighty-one days
pay, at 10 s. steriing per day, ..... 283 10 00
To the said Joseph Nutt, balance of his account, . . . 7,465 06 00
To two Surgeons, eighty-one days pay, at 40 s. per day, each, . . 324 00 00
To two Surgeon's Mates, eighty-one days pay, at 25 s. per day, each, . 202 10 00
To Colonel Richard Richardson, a gratuity for his services, . 1,000 00 00
To Major William Thompson, a gratuity for his services, . 275 00 00
To pay seven companies of rangers, each company consisting of a cap-
tain, two Lieutenants, and 75 private men, till the first day of
December next, according to the muster rolls, to be approved of by
the Commander-in-chief ; and to pay the Treasurer such sums of
money as he has advanced for this service, . . 101,745 00 00
A. D. 1760.
05 08
00 00
10 00
00 00
00 00
00 00
00 00
00 00
00 00
10 00
00 00
00 00
00 00
00 00
00 00
00 00
STATUTES AT LARGE
To pay five officers and 125 private men, (being all that could be raised of
the regiment intended to consist of 1000 men,) nine months pay, . £ 17,640 00 00
To pay for the scalps of Cherokee Indians, . . 3,500 00 00
To pay the captain commissioned by the Lieutenant Governour to head the
Upper Chickesaws against the Cherokees, during the time he shall
be actually in service, ..... 200 00 00
To pay a captain to head the Upper Creeks, and a captain to head the
Lower Creeks, during the lime they respectively shall be in actual
service, ^100 each, . . . . . 200 00 00
To pay Captain James Adair, for leading the Chickesaws at New Savanna,
during the time he shall be in actual service, . . . 200 00 00
To pay for presents to 50 warriors and 150 women and children of the
Catawba Indians, ..... 1,700 00 00
To pay for presents to other tribes of Indians in amity with this Govern-
ment, to induce them to join in the war against the Cherokees, . 7,000 00 00
To pay such part of the three provincial companies as are now subsisting
till the first day of December next, and to reimburse the Public
Treasurer such sums of money as he hath advanced for this service, 33,991 00 00
For relieving such poor and infirm men and distressed women and chil-
dren, as have taken refuge in any of the frontier forts, . .. 5,000 00 00
To pay such persons as may have demands for provisions or wagon hire,
and have not yet sent in their claims, so much as they shall make
appear to be to them respectively due, . . 3,500 00 00
£ 316,693 02 05
B. SMITH, Speaker.
In the Council Chamber, the 31st day of July, 1760.
Assented to: WILLIAM BULL.
No. 898. AN ACT for raising and granting to his Majesty the sum of
ONE hundred and SIXTY-THREE THOUSAND SEVEN HUNDRED AND TEN
POUNDS SIX SHILLINGS AND ONE PENNY FARTHING, AND APPLYING SEVEN-
TEEN THOUSAND FOUR HUNDRED .\ND EIGHTY POUNDS ELEVEN SHILLINGS
AND FIVE PENCE, (bEING SURPLUS OF TAXES AND THE BALANCE OF SEVE-
RAL FUNDS IN THE PuBLIC TREASURY,) MAKING TOGETHER ONE HUNDRED
AND EIGHTY-ONE THOUSAND ONE HUNDRED AND NINETY POUNDS SEVEN-
TEEN SHILLINGS AND SIX PENCE ONE FARTHING, TO DEFRAY THE CHARGES
OF THIS Government from the first day of January to the thirty-
first DAY of December, one thousand seven hundred and fifty-
nine, BOTH days inclusive, AND FOR OTHER SERVICES THEREIN MEN-
TIONED.
WHEREAS, by a schedule made of the charges of this Government
Preamble, for the year one thousand seven hundred and fifty-nine, and for other ser-
vices in tlie said schedule mentioned, it appears that the sum of one hun-
dred and -eighty-one thousand one hundred and ninety pounds seventeen
shillings and sixpence one farthing, will be wanting for those pui^poses,
for defraying whereof, we, his Majesty's most dutiful and loyal subjects the
Cominons House of Assembly of this Province, have cheerfully given and
granted, and do hereby give and grant unto his most sacred Majesty the
said sum of one hundred and eighty-one thousand one hundx'ed and ninety
OF SOUTH CAROLINA. 129
pounds seventeen shillings and six pence one farthing, to be raised, levied A. D. 1760.
and applied in the manner and to the uses, intents and purposes in this ^--^^v^^^-^
Act hereafter specified, limited and appointed, and to and for no other use,
intent or purpose whatsoever ; we therefore humbly pray his most sacred
Majesty that it may be enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council
and the Commons House of Assembly of the said Province, now met
in General Assembly, and by the authority of the same, That a tax or Sums
sum of one hundred and sixty-three thousand seven hundred and ten ^I'r"™!'"" *"
pounds six shillings and one penny farthing current money of South Caro-
lina, be imposed and levied on the several inhabitants and others inter-
ested in this Province, which, with the sum of seventeen thousand four
hundred and eighty pounds eleven shillings and five pence, (being surplus
of taxes and the balance of several funds in the public treasury,) shall be
applied to the use of his Majesty for the support of this Government, in
manner as is hereinafter mentioned.
IL And for the more certain and effectual levying of the said sum of ^
one hundred and sixty-three thousand seven hundred and ten pounds six of'tax!'t\!i''"
shillings and one penny farthing, It is hereby enacted and declared, That
the sum of thirty-five shillings current money, per head, shall be levied on
all negroes aiid other slaves whatsoever within the hmits of this Province ;
and the sum of thirty-five shillings per hundred acres on all lands through-
out the said Province, (town lots excepted ;) and the sum of seventeen shil-
lings and six pence per centum on the value of every such town lot, wharf
and buildings, and other lands within the limits of any town, village or
borough in this Province, the bounds of Charlestown to extend as far as
the new fortifications from Ashley river to Cooper river ; and the sum of
seventeen shillings and six pence on every hundred pounds owing to any
person on bond or other specialty or note of hand bearing or including
interest over and above what they pay interest for ; and at the rate of five
per centum on all monies arising from annuities ; and the sum of thirty-five
shillings per head on all free negroes, mulattoes and mustizoes, from ten to
sixty years of age, who pay no other part of the taxes imposed by this
Act; and the sum of seventeen shillings and six pence per centum on
every person's stock in trade, (that is to say,) wares, merchandize and
book debts of persons in trade, shop keepers and others ; and the like sum
of seventeen shillings and six pence per centum on the profits of all
faculties, professions, (the clergy excepted,) factorage and handicraft trades
throughout this Province, to be ascertained and rated by the several and
respective assessors and collectors hereafter named, according to the best
of their knowledge and information ; provided, that nothing herein con-
tained shall be extended to oblige the new settlers in any part of this
Province to the payment of any part of the said tax for their lands granted
to them of his Majesty's bounty, who shall make oath before the collector
of the tax in the respective parish where such new settler resides, that he
settled himself in this Province upon the encouragement given by this
Government, and hath not resided ten years in this Province ; but such
new settlers shall pay tax for their slaves and monies at interest, as other
inhabitants do.
HI. And be it also enacted, by the authority aforesaid. That all persons
whosoever, living out of the parishes of St. Philip and St. Michael, who
VOL. TV.— 17.
1 w
STATUTES AT LARGE
A. D. 1760.
Exemptions
from taxation.
Inhabitants of
Cliarlestown to
render an
account lo the
inquirers, on
oath or
afRrmation.
What taxable
articles are to
be returned.
Attorneys and
trustees for
non-residents
to make
returns.
are possessed of any lands, slaves ormonies, for which they receive interest
in this Provnice, (lands whereon any churches or other buildings for
divine worship or for free schools are erected and built, and all slaves ap-
purtenant to or going with such churches or lands, and all monies appropria-
ted for charitable uses, always excepted) either in their own right or in the
right of any other person, or are liable to pay any tax by virtue of this Act,
shall, on or before the first Tuesday in J anuary next ensuing, render a
particular account thereof in writing, upon oath or affirmation, and in
what palish the said lands and slaves are, to the best of his or her knowl-
edge, to the inquirers and collectors for the several parishes and places
respectively where the person who is to render such account does live and
reside, at such time and place as the said inquirers and collectors, or any
of them, shall direct and appoint for the doing thereof, so that the same be
done on or before the said hrst Tuesday in Januaiy next; which oath or
affirmation shall be in the following words, to wit : " I, A B, do swear, or
affirm, (as the case shall be) that the account which I now give in is a just
and true account of all the lands and slaves, monies I have upon bond or
other specialty, or note bearing or including interest, (which 1 believe to
be good) over and above what I pay interest for, and annuities which 1 am
possessed of, interested in or entitled unto, either in my own right or in
the right of any other person or persons whosoever, as guardian, executor,
attorney, agent or trustee, or in any other manner whatever, according to
the best of my knowledge or belief; and this I declare, without any
equivocation or mental reservation whatsoever : So help me God." Which
oath or affirmation the several inquirers and collectors appointed by this
Act are hereby fully authorized, enjoined and required to administer.
IV. And be it also enacted, by the authority aforesaid. That all and
every person and persons whosoever shall be obliged to make return of his
or her lands, slaves, or monies at interest, in the country, over and above
what he or she pays interest for, and of his or her annuities, to the inqui-
rers and collectors for the parish or district respectively where such per-
son lives or resides, and pay the taxes thereon to the said inquirers and
collectors accordingly ; and the inquirers and collectors of all and every
the pai'ishes and districts in this Province respectively, shall be, and they
aie hereby, fully authorized and impowered to issue executions against
all and every person or persons, in their respective districts, who have not
paid their just propoition of the preceding tax.
V, And whereas, there are divers tracts of land, slaves, and monies at
interest in this Province, held, owned or claimed by persons not resident
here, who pay no tax or other charge toward the support of the Govern-
ment of this Province, Be it therefore enacted by the authority aforesaid.
That all attornies and trustees of or for any person or persons living with-
out the limits of this Province, shall make due and true return to the
respective inquirers and collectors for the parish or district where such
attorney or trustee lives or resides, of all lands, slaves, and monies at inte-
rest, belonging to such absent persons, for whom they are attornies or
trustees ; and that such attornies or trustees shall be subject and liable to
pay the tax to become due by virtue of this Act, for such land, slaves, or
mcj^nies at interest, out of his and their own proper estate, notwithstanding
such attorney or trustee may renounce or disclaim acting as such before
the said tax is levied, unless such attorney shall make oath before the said
collectors respectively that he hath bona fide renounced his power and
attorneyship, before the payment of the said tax becomes due, without
having done it only with an intention to avoid the payment of the said
OF SOUTH CAROLINA. 131
tax: Provided always, that if sucli attorney shall, within one year next A. D. 17(30.
after such oath made, again become attorney or trustee for such absent ^-^''''''^^'■^
pei'son, or act as such, every such attorney shall be liable to pay the said „
tax, as is hereinbefore directed ; any thing herein to the contrary notwith-
standing ; and for levying whereof, the same remedies shall be and are
hereby given as for levying the tax to become due by virtue of this Act
on the proper estate of such attorney or trustee. And the inquirers and
collectors of the several paxishes respectively, where any lands lie which
are held or owned by any person or persons not resident in this Province,
or the public treasurer for the time being, shall be, and he and they are Inquirers and
and he is hereby authorized and impowered, directed and required to sell sell timbe™aiid
and dispose of any timber, lightwood or other wood, thereon standing, li2:htwood from
ffrowinsr or beinsr, to the amount or value of the tax such lands are liable °^ ^^^'^ lands of
^ P . •^ r. 1 . . 1 r n , „non-resi(lont3
to pay by virtue ot this Act, or to let to larm all or any part or parcel of not returned.
such lands, without impeachment of waste, to any person or persons, for
any term or time not exceeding seven years, till the rents arising thereby
shall be sufficient to pay the said tax and the taxes to be imposed on such
lands during the said term, at the election of such inquirers or collectors
or the public treasurer, unless any person shall tender and pay the tax
money for such lands before such leases shall be made ; and all and every
sale of such timber, lightwood or other wood, and leases of such lands as
aforesaid, shall be, and they' are hereby, declared good and valid, to all
intents and purposes whatsoever ; any law, statute, usage or custom to the
contrary thereof in any wise notwithstanding.
VI. And be it also enacted, That in case any tract or tracts of land shall be
found by the inquirers or collectors to belong to any person or persons Lands of non-
living or residing out of the limits of this Province, and who have no at- •'esidents not
torney or attornies, trustee or trustees, legally constituted in this Province, taxes not paid
then and in such case the inc[uirers, assessors or collectors shall be, and after 2 years,
they are hereby, authorized and required to charge the said lands rateably aredtorleit.
and proportionably, according to the quantity of acres, and as if the same
were in the actual possession of some person or persons living or residing
within this Province, and forthwith to publish and give notice of such their
charge and assessment in the Gazette ; and in case the sum or sums of
money with which such lands shall be so charged as aforesaid, and the
lawful interest -thereof from the time of the assessment made, shall not be
paid to the inquirers, assessors or collectors, or to the public treasurer or
receiver of this Province, within two years next after notice shall have been
given as aforesaid, that then such lands shall be forfeited to his Majesty,
and shall be deemed and taken as vacant land ; any law, statute, usage or
custom to the contrary thereof in any wise notwithstanding.
VII. And be it enacted by the authority aforesaid. That the several per-
sons hereafter named shall be inquirers and collectors for the several inquirers und
parishes and districts hereinafter mentioned respectively, viz : for the colleciors
parish of Christ Church, William Vanderhost and Thomas Phillips ; for ""^"''t^''-
the parish of St. James Goose Creek, Zachariah Villepontoux, Alexander
Fraser and Robert Hume ; for the parish of St. John in Berkley county,
Fi-ancis Marion, Jonathan Drake and James Keith ; for the parish of St.
George, Dorchester, Maurice Harvey, Samuel Stevens and Richard Bohun
Baker ; for the parish of St. Thomas and St. Dennis, William Russ, John
Syme and Robert Johnson ; for the parish of St. Andrew, (James Island "
excepted) Thomas Graves and Thomas Ferguson ; for that part of the
said parish called James Island, Mallary Rivers and Benjamin Stiles: for
the parish of St. John in Colleton county, viz. for John's Island, Daniel
132 STATUTES AT LARGE
A. D. 1760. Holmes and David Hext ; for Wadmelaw Island, George Scott ; for Ed-
^^■^'~^^"^*^ isto Island, William Eddings : for the parish of St. Paul, viz. for Stono
and the east side of Pon-pon, Joseph Law, Champernoon Williamson and
Benjamin Perry ; and for Beach Hill, in the said parish, John Hayes and
Jacob Stevens, Jr. : for the parish of St. Bartholomew, George Logan and
William Fishburn; for Combee and Chehaw, in the said parish, James
Bolton and Thomas Stock ; for the parish of St. James Santee, John De
Leisseline and Daniel McGregor ; for the parish of St. Stephen, Peter
Sinclair and Joseph Porcher ; for the parish of Prince George W^inyaw,
Job Rothmahler and Thomas Godfrey, and for the Welch tract, Anthony
Pomicey ; for the parish of Prince Frederic, Charles Woodmason, John
Handlen and Anthony INIartin W'hite ; for the parish of St. Mark, Samuel
Cantey, William Davis and Benjamin Thomson ; for the parish of St.
Helena, Port Royal, William Elliott, Peter Perry and Samuel Haywardj
for the parish of St. Peter, Purrysburgh, Archibald Bullock ; for the painsh
of Prince William, Robert McCloud and David Murray ; for the town
and township of New Windsor, upon Savanna river, Stephen's creek, and
parts adjacent, George Galphin and Albert Frederick ; for the township
of Amelia and adjacent places, William Sabb ; and forOrangeburgh, with
the forks of Edisto river and adjacent places, Michael Christopher Rowe ;
for the towniship of Saxe-Gotha, and the forks between the Congree and
W^ateree rivers and adjacent places, John Pearson, William Harson and
William Raiford.
VIII. And he if also enacted by the authority aforesaid. That George
Abbot Hall, Thomas Elfe and Solm Parnham, be, and they are heieby
appointed inquirers for the parishes of St. Philip and St. Michael, and
that William Banbury, John Jones, William Lloyd, Daniel Cannon and
Isaac Holmes, be, and they are hereby appointed assessors and collectors
for the said parishes of St. Philip and St. Michael.
IX. And he it also enacted by the authority aforesaid, That all persons
Owners of Avhosoever, living without the limits of the parishes of St. Philip and St.
lands situated ]\£i(.hael, who are possessed of anv lands, slaves, monies at interest, annui-
out of Cliaries- ' , ^ , , •'.,.
town required ties in this Province, in theu" own right or in the right of others, or are
to pay the tax g^j^y wise liable to pay tax by virtue of this Act, shall pay in their taxes to
dav^ ^^^ ^'" '^^6 several persons hereby appointed to receive the same, on or before the
first Tuesday in March next ensuing, or within ten days then next after
at farthest ; and the collectors shall give a receipt, if recjuired, to the
person paying the same, such person writing such receipt; and the said
inquirers, assessors and collectors for the several parishes respectively
Oath to be within this Province, shall close their accounts, and shall deliver the same,
administered. , , , ,. r ^ ■ ^ • , ■> ■ ^ ^ •
on oath, to the public treasurer tor the time being, (who is hereby im-
powered and required to administer such oath) and pay him all such
monies as shall be by them respectively received, in pursuance of the
directions of this Act, without any deduction for commissions or any other
pretence whatever, on or before the last Tuesday in March next ensuing;
and the inquirers, assessors and collectors of each parish or district, shall
make their return of such district respectively, to the said treasurer, at
one and the same time ; and the said inquirers and collectors for each
Jolle!;?o7s t'o"'^ parish or district, without the limits of St. Philip and St. Michael, shall
make return of give an account in writing, upon oath as aforesaid, of their own lands,
their own land, giaves,' monies at interest, annuities, after the manner aforesaid, to the
said treasurer, and pay him the taxes thereon, according to the rates by
this Act appointed.
X. And be it also enacted by the authority aforesaid, That if any
person or persons, in giving in or rendering his or her account of monies
OF SOUTH CAROLINA. 133
at interest, annuities, lands or slaves, shall wilfully conceal any part thereof, ^•^- 1^60.
all such persons shall forfeit five times the value of the tax for what thev ^^"^""^^"^^
^, "^ Penalty on
so conceal. concealment.
XI. And be it also enacted by the authoi'ity aforesaid. That any
person neglecting or refusing to give in his or her account of monies at
interest, annuities, lands or slaves, to the inquirers, assessors and collectors P'^ f " ut"^* ***
r. . \ -1 1 • T 1 1 in • T D6 doubly
aioresaid respectively, at such tmie and place as they shall appomt, or by taxed,
the last Tuesday in January next, at farthest, he or she shall he deemed a
defaulter, and shall be by the inquirers and collectors doubly taxed for all
his or her money at interest, annuities, lands and slaves.
XII. And be it also enacted by the authority aforesaid. That the inquirers
for the parishes of St. Philip and St. Michael, are hereby ordered and Inquirers and
directed to go once to the several houses of the inhabitants of the said collectors in
parishes, of which they shall give previous notice in the Gazette, three go once to
weeks befoi'e they go to the said houses, and to inquire into and take an every house,
account of all the real estates, and particularly in what parts of the said ,;,.y ^^g ^^'
town the several lots of land are situate, and of the slaves, annuities and taxable pro-
money at interest, of the said inhabitants which they shall be possessed of, P^^^V-
interested in or entitled unto, either in their own right, or in tlie right of
any other person whatsoever, lying or being in the said parishes, and of
all the lands and slaves which the said inhabitants are possessed of, in
their own right, or in the right of any other person, without the limits of
the said parishes, or in any other part of the province ; and the account
of the real estates, slaves, money at interest and annuities of the said
inhabitants, shall be returned to the said inquirers upon oath, in the manner
hereinbefore directed ; and the said inquirers shall make and finish their
inquiry, and return the same to the assessors hereby appointed for the To certify to
said parishes, on or before the first Tuesday in February next ; and the prmreTtTre- ^
said inquirers shall likewise extract and certify to the said assessors, all turned out of
the lands and slaves given in to them by the owners and inhabitants of^'^**'"'*^®*^"^"-
the said parishes without the limits of the said parishes of St. Philip and
St. Michael, and also the annuities and monies at interest which shall be
returned to them by any inhabitants of the said parishes, in trust for
persons living in the country ; and all lands and slaves without the limits
of the said parishes of St. Philip and St. Michael, annuities and money at
interest, returned in trust for persons living in the country, shall be
reckoned as part of the country tax : Provided always, that nothing
herein contained shall extend or be construed to extend to give the said Not to extend
assessors any power or authority to rate or assess any goods, wares or mems of "facto-
merchandize consigned immediately to any merchants or factors in this rage.
Province, to dispose of as factors only, or any lands, houses or money set
apart for pious or charitable uses.
XIII. Aiid be it also enacted by the authority aforesaid, That every
person who shall have reason to believe he or she is over-rated, or whose „ , •
•t • 1 Ti 1 IT 11 1 • Remedy m
attorney or attomies shall have reason to believe that he or she is over- case of over-
rated for the profits of his or her handicraft, trade, employment, factorage, rating,
faculty or profession, or for his or her stock or houses and lands, by such
assessors, shall have ten days public notice given by the assessors or
collectors at the guard house in Charlestown, and at any other public
place in the country for that purpose, to swear off so much as he, she or
they, or his or their attorney or attornies shall think they are over-rated,
before the said assessors or collectors as aforesaid ; and the said assessors
or collectors, or any one of them, are hereby impowered to administer
such oath, and to allow an abatement accordingly.
134
STATUTES AT LARGE
A. U. 1760.
Oath to be
taken by
inquirers.
Who are to
render an ac-
count of their
own edtates.
Assessment to
be posted at
the guard-
house, and
published in
the Gazette.
Assessor's
oath.
Appropriation
of particular
sums.
Warrant to
issue against
defaulters.
XIV. A//d he it also enacted by the authority aforesaid, That the asses-
sors and collectors for Charlestown, upon receiving the return from the
inquirers, shall admhiister to them the following oath, to wit; You, A B,
C D and E F, do swear that the account you now give in is a just and
true account of all the leal estates, slaves, annuities and monies at interest
of the several inhabitants of the parishes of St. Philip and St. Michael, and
also of all the real estates, slaves, annuities and monies at interest, return-
ed to you by the said inhabitants, which are belonging to persons not
resident in either of the said parishes, accordmg to the best of your
knowledge. So help you God.
XV. And he it also enacted by the authority aforesaid. That the said
inquirers shall at the same time render an account in writing upon oath as
aforesaid, to the said assessors and collectors, of their own real estates,
slaves, annuities and monies at interest in this Province ; and any three
of the said assessors and collectors shall be a quorum, and shall meet at the
State House in CharlestovsTi the first Tuesday in February next, and there
continue to sit until they have finished the calculation of the value of the
estates in the said town, and within the limits as aforesaid, or to adjourn
to any other place in the said town as they see fit ; and the said assessors
shall finish and complete the said calculation of the value of the estates in
the said parishes of St. Philip and St. Michael, on or before the first
Tuesday in April next, and shall cause a duplicate thereof to be posted at
the guard-house in Charlestown, in seven days after the said calculation
shall be closed; and they shall give previous notice, twice at least, in the
Gazette, of the time when such duplicate shall be posted ; and the said
assessors and all the other assessors and collectors for the several parishes in
the country, before they enter upon the execution of their said office,
shall take the following oath before one of his Majesty's justices of the
peace, who shall give them a certificate thereof gratis : I, A B, do sin-
cerely swear that 1 will indifferently, equally and impartially rate and
assess all and every person, according to the full value of what I believe
every such person is worth, and the directions to me given by this Act,
and according to the best of my skill and knowledge. So help me God.
XVI. And he it enacted., That every person so assessed by the said
assessors for the parishes of St. Philip and St. Michael, shall pay into
the hands of the said assessors the several sums of money on them
respectively assessed, on or before the last Tuesday in April next, or
within ten days next after at farthest ; and the said assessors shall pay
to the public treasurer all such sum and sums of money as shall be
by them respectively collected, without any deduction for commissions,
or any other pretence whatsoever.
XVII. And he it enacted, That the sum of eight hundred and eighty-
nine pounds and nine shillings, appointed by the schedule to this Act
annexed, to be paid by the inhabitants of the parishes of St. Philip
and St. Michael, shall be added to the sum to be collected for the
poor rates, and be raised, collected and levied by the same persons
and in the same way and manner as the poor rates are raised, collect-
ed and levied on the inhabitants of, and others interested in the said
parishes, and shall be by the said persons paid into the hands of the
public treasurer.
XVIII And he it also enacted by the authority aforesaid, That in case any
person whoever shall neglect or refuse to pay in his, her or their tax at the
days and times hereinbefore mentioned and appointed for the payment
thereof, the inquirers and collectors respectively shall, immediately after
ten days is fully elapsed, without favour or affection or further delay, levy
OF SOUTH CAROLINA. 135
the same, by virtue of a warrant by them or any of them to be signed and A. D. 1760.
sealed for that purpose, which warrant shall be directed to the constable ^-^""v^^-^
or constables living nearest the place where such defaulter lives or resides,
requiring him to levy the same by distress and sale of the defaulter's
goods, returning the overplus (if any there be) to the defaulter, after de-
ducting the reasonable charges ; and if no such distress can be found, and jf ^^ distress
the defaulter shall neglect or refuse to produce goods whereon the monies be found, the
so assessed may be forthwith levied, then the said constable or constables, |'^°j!'/^ "'"^^ ^^
by virtue of the said waiTant, shall take the body of such defaulter, and custody,
convey him to the common goal in Charlestown ; which waiTant shall run
in these words, mutatis mutandis, viz :
" A B, C D, and E F, collectors of the general tax for the parish or
precinct of , in county, to G H, constable of the parish or pre-
cinct of , or to the provost marshal of the Province of South Caro- vkrar^nt.
lina, or to his lawful deputy : Whereas, J K hath been duly assessed by
us, the subscribers, collectors of the tax for the parish or precinct of ,
the sum of , for tax, for defraying the charges of the year end-
ing the thirty-first day of December, one thousand seven hundred and
fifty-nine, which hath neglected to pay : these are therefore, in his
Majesty's name, strictly to charge and command you to levy, by distress
and sale of the goods and chattels of the said J K, the said sum of ,
together with the charges thereof: and in case the said J K shall refuse
or neglect to produce goods or chattels sufficient to levy the said distress
and the charge thereon, that then you take the body of the said J K,
£ind convey to the common goal in CharlestowTi ; commanding you,
the keeper of the said goal, to detain the body of the said J K in your
custody until shall pay the said sum of , together with the
charges of keeping and detaining as aforesaid, and for so doing this shall
be your sufficient warrant. Given under our hands and seals this
day of , Anno Domini . A B, C D, E F."
And the provost marshal shall detain such person in the goal aforesaid,
without bail or mainprize, until the debt and charges aforesaid shall be
satisfied. And the constable and constables to whom such wan'ant shall
be directed shall take from the defaulter the following fees in the execu- \l^^^\^^ ^f.
tion of their office, viz. for serving every execution, six shillings ; and for
every pound, to be levied as aforesaid, one shilling ; and one shilling for
every mile, to be computed from the dwelling-house of such constable or
constables to the dwelling-house or place of residence of such defaulter,
and no more or any other fee or fees whatsoever. And the assessors and
collectors respectively, for every such warrant he or they shall issue, shall
have fiom such defaulter ten shillings current money.
XIX. And he it also enacted by the authority aforesaid. That if any
taxable person shall neglect to sjive an account as aforesaid of his or her
estate, to the said inquirers and collectors, by the time before limited in gj^ " ^^ render
this Act, or shall omit or neglect to pay either his or her own tax or the tax an account, to
to be assessed by virtue of this Act on any person for whom he or she is jj" dealt with a8
guardian, executor, attorney or trustee, by the time before limited, the said
collectors respectively, where such taxable person lives, are hereby im-
powered and required to issue their warrants in the same manner as above
directed ; and in case the said assessors and collectors shall not have a just
information what such person's tax doth amount to, the said warrant shall
run for double what they shall judge such person ought to be rated, and
shall be dealt with in all other respects as a defaulter.
XX. And be it enacted, That the public treasurer shall have full and
ample power in all respects for collecting and getting in arrears of taxes,
136
STATUTES AT LARGE
A. D. 1760.
Arrears under
former laws.
Taxable per-
sons dying.
All deeds made
to avoid this
Act, declared
fraudulent.
Mortgaged
property.
Penalty for
neglect of
officers under
this Act.
Officers dying.
Execution to
issue against
all former
constables, &,c.
for arrears.
which are or were due by any former law or Act of Assembly, and the
saijie may be recovered by virtue of a warrant under the hand and seal of
the public treasurer, directed to any constable for the county where such
arrears of taxes are to be collected, which warrant shall run in the same
manner as is directed to be done by the assessors and collectors against
defaulters.
XXL And be it also enacted by the authority aforesaid. That in case
any person shall happen to die between the time of giving in his account
to the said inquirers and collectors and the paying of his tax, and any
goods or chattels of the deceased, to the value of the sum he was assessed
at shall come into the hands of his executors or administrators, or any ex-
ecutors in their own wrong, such executors or administrators shall pay the
same by the time before limited, prior to all mortgages, judgments and
debts whatsoever, or otherwise a warrant or execution shall issue against
the proper goods of such executor or administrator ; and if any person,
between the time of rendering the account of his or her estate to the in-
quirers and collectors as aforesaid and the time of paying in his or her tax,
shall be about to depart this Province, the said assessors and collectors are
hereby directed and required forthwith to levy the same, notwithstanding
the day of payment is not then already come, unless such person will find
sureties to the liking of the said collectors and assessors for the payment
thereof at the time appointed.
XXIL And be it also enacted by the authority aforesaid, That all deeds
of gift, conveyances, mortgages, sales and assignments of lands and ten-
ements, goods and chattels, of any person whoever, made with an intent
to avoid being assessed or paying tax, are hereby deemed and declared
to be fraudulent and null and void, to all intents and purposes whatso-
ever.
XXIIL And belt also enacted by the authority aforesaid. That ni case any
person who has mortgaged any part of his estate, real or personal, shall
refuse or neglect to pay tax for the same, the mortgagee shall be answer-
able and liable to pay the sums assessed on the mortgager, provided that
such estate shall be in the possession of the mortgagee.
XXIV. And be it also enacted by the authority aforesaid. That the
public treasurer, inquirers, assessors, collectors, marshal, constables, and
every other magistiate and officer, or any or either of them, who shall
neglect or refuse to do and perform the several matters hereby required
of them respectively to be done, within the time prescribed by this Act,
shall, for every such neglect or refusal, forfeit the sum of fifty pounds proc-
lamation money to his Majesty, for the support of this Government, to be
recovered in any court of record in this Province.
XXV. Ayid be it also enacted by the authority aforesaid, That in case
any of the inquirers, assessors and collectors before mentioned shall hap-
pen to die, refuse to act, or depart this Province, before the powers and
authorities hereby given them are executed, then his Honor the Lieuten-
ant Governor, or the Commander-in-chief for the time being, is hereby
impowered, from time to time, so often as occasion shall require, to nomi-
nate and appoint one or more fit person or persons in the room of him so
dying, refusing to act or departing this Province ; and the person and per-
sons so appointed shall have the same powers and be under the same pen-
alties as the inquirers, assessors and collectors hereby nominated.
XXVI. Ayid be it also enacted by the authority aforesaid, That the
public treasurer be and is hereby impowered and required to grant im-
mediate executions against all former constables and collectors of taxes,
and collectors and assessors for the time being, for all taxes now or here-
OF SOUTH CAROLINA. 137
after to grow due, when the time is or shall be elapsed for paying the A.l). I7C0.
same ; and in case the public treasurer shall grant any execution or execu- ^--^^>^~^-^
tions against any of the persons aforesaid, where there is nothing due, it
shall and may be lawful to and for such person against whom such execu-
tion is wrongfully gi-anted, to maintain an action at law against the treasu-
rer, and lecover his damages and full costs of suit.
XXVII. And be it also enacted hj the authority aforesaid, That the public
treasurer of this Province for the time being, after paying the surplus of -phe public
taxes and balance in the funds aforesaid, shall be, and is hereby, obliged treasurer to
and required to give certificates to the several persons having monies pro- for sums from^^
vided by the schedule to this Act annexed, for such part thereof as the £5 to £50.
person applying for the same shall require, which certificate shall be
filled up, numbered and signed by the treasurer, and afterwards coun-
tersigned by Peter Taylor, William Wragg and Daniel Blake, Es(|s.,
or any two of them ; and they are hereby directed to keep an accoimt in
a book of such certificates as they shall respectively sign ; provided, that
such certificate shall not be for less than five pounds, nor more than fifty
pounds; and the said certificates shall be received in all payments to the
public treasury until the last Tuesday in May, one thousand seven bun-
dled and sixty-one, and no longer; and the several collectors of the tax
shall take and receive the said certificates in payment of taxes, for the
sums therein mentioned, from all persons tendering the same ; provided
also, that the possessors of the said certificates shall carry the same to the
public treasurer, to be exchanged on or before the first day of November,
one thousand seven hundred and sixty-one ; and in case any certificate
shall be outstanding after that day, the public shall not be liable to make
provision for the same.
XXVIII. And be it also enacted by the authority aforesaid, That if any
of the assessors, hiquirers, collectors, public treasurer, provost marshal, CJeneral issue
IT , ^ 1 m 1 '■-If 1 • 11- may be pleaded
constable or other person, shall be sued tor any matter or thing by him and this Act
or them done in the execution of this Act, it shall and may be lawful for giyen in
such person or persons to plead the general issue and give this Act and
the special matter in evidence ; and in case judgment shall be given for the
defendant or defendants, he or they shall recover treble costs of suit.
XXIX. And be it farther enacted by the authority aforesaid. That the
said sura of one hundred and eighty-one thousand one hundred and ninety Appropriation,
pounds seventeen shillings and six pence one farthing, shall be appropria-
ted, applied and paid by the public treasurer, according to the schedule
hereunto annexed, and not otherwise ; that is to say :
THE SCHEDULE,
TO WHICH THE ACT ANNEXED REFERS.
ALLOWANCES TO PUBLIC OFFICERS.
To his Excellency the late Governor, £3300 00 00
To the Clerk of the Council, 300 00 OO
To the Master in Chancery, 200 00 00
To the Messenger of the Council, 200 00 00
To the door-keeper of the Council, 200 00 00
To the Clerk of the Assembly, 600 00 00
To the Messengers of the Assembly, £200 each, 400 00 00
To the Commissary General, 400 00 00
To the clerk to the committee of correspondence, - 50 00 00
To the clerk to the board of church commissioners, 30 00 00— £ 5880 00 00
VOL. IV.— 18.
138 STATUTES AT LARGE
A. D. 1760. HOUSE RENT FOR THE PUBLIC SERVICE.
To his Excellency the late Governor, for rent of a house, .£700 00 00
To William Henderson, for a house for (he free school in Charles-
town, 2.50 GO 00— £ 950 GO 00
WRITING FOR THE PUBLIC SERVICE.
To the clerk of the Council, for copies of the Minutes of Council,
entries in the Indian book, and copies of laws for the use
of the Council, 1425 07 08
To the clerk of the Assembly, for copies of journals, drawing
bills, &c. 2060 16 03
To John Murray, Esq. for fees due to the late Governor, £92 5s.,
and to the Secretary, £363 16s. 6d. 461 01 06
To .Jacob Motte, Esq. public treasurer, for this service, 516 02 06 — £ 4463 07 11
To be raised by particular laws appointing the same :
To the Public Treasurer, which he paid for sermons preached at
March and October sessions, 30 00 00
To the Public Treasurer, advanced by him to pay the bounty
upon fla.x and hemp, 589 12 01
For sinking one fifth part of the £160,000 orders, issued to raise
and pay the South Carolina regiment, 32,000 00 00
To Adam %Vood, Esq. late provost marshal, for serving writs of
election, summoning jurors, and attending the courts, 150 00 00
To Clement Lampriere, annuity on the Militia Law, 90 00 00
To the Commissioners for the Streets in Charlestown, to be piiid
by the inhabitants of the said to«n, 500 00 00— £33,359 12 01
FOR THE FORTS.
To the gunner of Fort John.«on, at £ 18 per month, 216 00 00
To two quarter gunners, at £8 per month each, 192 00 00
Provisions to four men, at JC25 per annum each, 100 00 GO
To the gunner of Fort Moore, (if not belonging to the inde-
pendent companies,) at £1 1 per month, 168 00 00
To the gunner of Charlestown, 225 00 00
To the gunner of Craven's bastion, 100 00 00
To the gunner of Broughton's battery, 100 00 00
To Jane Duthy, for making a pendant for Fori Johnson, 7 00 00
To Smith & Brewton, for junk, 2 05 00
To Edward Lightwood, for the use of Granville's bastion, 17 13 OIJ
To William Banbury, for cannon shot and priming korns, 123 13 02
To Justinus StoU, sundry articles for this use, 274 03 03
To Laurens, Motte & Company, articles in their account foi this
use, 133 17 04
To Robert Boyd, for freight of gun carriages in 1758 and
1759, 63 10 00
To the commissioners for the fortifications, to enable them to
get carriages made for the guns and cohorn mortars, lately
sent to this Province by his Majesty's order; and to
secure such of the new works lately erected in Charles-
town, as are most in danger of falling down ; and for
cleansing the moat before the curtain line, 3500 00 00
To defray the expence of repairing the commander of Fort
Johnson's house, 160 00 00
For purchasing a large canoe for the use of Fort Johnson, 150 00 00 — £5 533 01 10|
For the Garrisons of Fort Prince George and Fort Loudoun,
in the Cherokees :
To Isaac Atwood, for the carriage of stores from Kewohee to
Fort Loudoun. 131 10 04
OF SOUTH CAROLINA.
139
To John George Smithpeter, for the carriage of stores to Fort
Prince George, £42'j 08 00
To Richard Lambton, on an order of Thomas Foster, for two
months service as Indian interpreter at Fort Prince George, 30 00 00
To John McQueen & Company, on sundry orders of the follow-
ing persons, viz :
Henry Lucas, for carriage of stores to Fort Loudoun, .
John Hatton, for the like service,
Cornelius Cokely, for the like service,
John Winborne, for the like service,
Isaac Atwood for the like service,
James Beamer, for the like service,
Thomas Smith, for service as gunsmith at Fort Loudoun
A. D. 1760.
To Captain John Postell, for sundry articles for Fort Loudoun,
To Henry Lucas, for the carriage of flour to Fort Loudoun,
To Robert Goudy, for the carriage of stores to Fort Prince
George,
To Robert Anderson, for the hke service to Fort Loudoun,
To Laurens, Motte & Company, articles in their account for
this use,
To Henry Lucas, for the carriage of gunpowder to Fort Loudoun,
To John Stephens Carpenter, three certificates, for nine
months service at Fort Loudoun,
To William Shorey, Indian interpreter, four certificates, for 17
months service at Fort Loudoun,
To Thomas Smith, whitesmith, three certificates, for nine months
service at Fort Loudoun,
To William Wilson, for the carriage of ammunition to Fort
Loudoun,
To Da Costa & Farr, on an order of Thomas Foster, Indian
interpreter, for eight months service at Fort Prince George,
To WilUam Murray, for a medicine chest, for the use of Fort
Prince George,
To Henry Gallman, on an order of John Conrade Geiger, for the
carriage of stores to the Congrees,
To Paul Townshend, on Samuel Thomis's order, for the carriage
of stores to Kewohee,
To Henrietta Smith, on James Smith's order, for making plat-
forms at Fort Prince George,
To Christian Retlisperger, for waggon hire to the Congrees,
To Henry Gallman, for the carriage of stores to Fort Prince
George,
To John George Shindler, for waggon hire to the Congrees,
To Cornehus Cokely, for the carriage of stores to Fort Loudoun,
To John Oyston, on James Reamer's order, for carriage of stores
to Fort Prince George,
To Lieutenant Lachlan Mcintosh, for an interpreter at Fort
Prince George, £60, and for repairs to the said fort, £88 10s.
To the Commissary General, articles in his account, for this
service,
To the Public Treasurer, advanced to pay for the carriage of
provisions,
FOR THE FORCES.
To John Remington, for pails.
To James Henderson, for candles,
To Ancrum, Lance & Loocock, for salt, pepper, &c.
To William Harvey, for Hay, in 1758,
To Archibald Withers, for caning fire wood, in 1757,
59 14
87 00
96 18 9
38 17 6
18 07 2
99 00
129 00
X"528 17 05
316 10 00
50 03 00
350 00 00
61 17 00
59 10 00
31 06 09
135 00 00
255 00 00
120 00 00
9 14 06
120 00 0()
21 00 00
27 00 00
83 02 00
30 00 00
60 00 00
670 00 00
32 00 00
133 17 00
171 14 04
148 10 00
607 06 09
7,597 07 07-^12,283 14 08
131 00 00
305 08 06
112 17 06
136 00 00
24 12 06
110 STATUTES AT LARGE
A. D. I7G0. To Lambert Lance, for rem of tenements, in 1757 and 1758, i;83 06 08
To Laurens, Motte & Company, articles in their account for
this use. 59 08 07
To Robert Fairweather, for lodgings for officers of the Royal
American and Highland battalions, in 1757, 97 15 00
To Thomas Lining, for the like service, in 1757 and 1758, 125 00 00
To Thomas Wright, Esq., articles in his accounts, for this use, 184 15 01
To Joseph Moody, for candles, 16 10 00
To Benjamin Ilaskins, for ferriage and hire of horses for
the buffs, 9 09 04
To John Gordon, three accounts for house rent and lodgings for
officers of the Highland battalion, in 1757 and 1758, and
vinegar for the buffs, 346 06 06
To Harvey & Philp, for picking axes for the buffs, 9 00 00
To James Rovvlain, for firewood, 5 00 00
To Nathaniel Broughton, for firewood, 1 07 06
To John Howell, for candles, 30 15 00
To Captain John Fairchild and the company of rangers who
were under his command, to be paid as the muster roll of
the said company was settled by a committee of the
Assembly, 1119 11 00
To Captain John Grinnan and the rangers who were under his
command, (to be paid in like manner with Captain Fair-
child's company,) 885 15 04
To William Harvey, of Beaufort, for firewood for the buffs, 60 00 00
To the church-wardens of St. PhiUp's, (two accounts,) for sup-
plies to soldiers' wives and children, 1406 19 03J
To the Commissary General, (articles in his account,) for this
service, 792 03 00
To Dr. James Thomson, for attendance on the garrison at fort
Lyttehon, 78 15 00
To John Marley, for firewood and carting, 537 00 00
To the Commissary General, for his extraordinary services with
the Royal American and Highland battalions, and the
Carolina Regiment, 700 00 00— £7258 15 09*
FOR THE SCOUT BOATS.
To two commanders, at £25 per month each, 600 00 00
To 24 men, at i;i2 per month each, 3456 00 00
To pay for provisions for 26 men, at £28 per annum each, 728 00 00
To Smith & Brewton, for ship bread, 186 01 00
To John Ambrister, for ship bread, 184 01 00
To pay two additional men, omitted in last schedule, at £12 per
month each, 288 00 00
To pay for provisions for the said two additional men, at £28 per
annum each, 56 00 00— £ 5498 02 00
FOR LOOKOUTS.
Eight Look-outs, each consisting of three men, at £ 12 per month
each man, £ 3456 00 00
FOR T^HE PUBLIC AR3IS.
To John Milner, gunsmith, for mending and keeping them clean, 521 02 03
To Christian Kohler, for carting warhke stores to the armory, 38 17 06 — £ 559 19 09
PAROCHIAL CHARGES,
To the church- wardens of St. James Goose Creek, for repairs
to the church, 374 13 04
FOR CORONER'S INQUESTS.
To Thomas Yeomans, Esq. coroner of Berkley county, for seve-
ral returned into the crown office, 200 00 00
To William Beasley, constable, for summoning jurors, 4 00 00 — £ 204 00 00 .
OF SOUTH CAROLINA.
141
FOR CRIMINALS.
To the Chief Justice, fees on prosecuting them, i
To the Clerk of the Crown, do.
To the Attorney General, do.
To Adam Wood, Esq. late Provost Marshal, for their subsis-
tence in goal.
To William Bonneau, constable, for conveying one to goal.
To John Swint, for attending sick criminals.
To John Grinnan, for apprehending John Roberts, for the mur-
der of George Whitecotton, agreeably to his Excellency's
Proclamation,
To the Public Treasurer, paid a constable, for conveying a male-
factor to goal,
A. D. 1760.
63 05 08
59 05 00
677 07 06
751 03 00
3 16 03
86 05 00
200 00 00
19 06 03— i; 1860 08
FOR CRIMINAL SLAVES.
To Martha Logan, for slaves executed.
To Ann Clark,
To Margaret Handlin,
To William Raven,
To John Pamor,
To Padden Pond,
To Thomas Brad well.
To Thomas Shoemaker,
To Archibald Stanyarne,
To Elizabeth Snipes,
To John Hamilton,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
To Thomas Shoemaker, for a slave that was killed in apprehen-
ding a fugitive slave.
To Constables for fees on the trials of slaves, viz :
James Cooper,
Israel Syers,
William Bonneau,
Day, Bessilea & Viart,
Day & Bessilea,
George Day,
Martin Howard,
Hugh Crawford,
Isaac Rambert, (four accounts,)
Jacob Ladson,
John Kesson, (four accounts,)
William Osborne,
To Archibald and Richard Park Stobo, on an order of John
Marion, constable, for the like service,
To William Beasley, for the hire of a cart and two horses four
days, to carry criminal slaves to be tried.
To the warden of the work house, for keeping criminal slaves in
custody, (two accounts,)
To William Hall, for making a gallows and gibbet.
To David Reynold, for making iron gibbets.
To the Public Treasurer, paid several constables, for apprehen-
ding and conveying several criminal slaves to goal.
To a negro man named Maurice, belonging to the estate of Henry
Izard, Esq. deceased, a reward for apprehending a
murderer.
To Frank and Tom, belonging to Miss Ann Blake, for apprehen-
ding a negro criminal, £10 each,
INDIAN EXPENCES.
To the Commissioner for Indian Affairs,
To Mackcarton & Campbell, for presents,
160 00 00
40 00 00
200 00 00
600 00 00
100 00 00
100 00 00
100 00 00
100 00 00
100 00 00
100 00 00
200 00 00
200 00 00
10 03 09
13 02 06
19 06 03
22 17 06
11 00 00
30 12 06
7 00 00
14 17 06
52 11 09
6 00 00
66 00 00
21 16 03
10 02 06
6 00 00
41 07 06
10 00 0(
25 00 00
124 10 00
25 00 00
20 00 00— i;2537
18 00
100 00 00
551 15 08
142 STATUTES AT LARGE
A. D. 1760. To Tew & Bury, for making clothes, £ 23 05 00
To George Galphin, for the carriage of presents to the Creeks, 810 00 00
To John Dodd, gunsmith, for mending guns, 72 15 00
To Jerome Courtonne, (two accounts) for the carriage of pre-
sents to the Chickesaws, 2360 00 00
To Smith & Brewton, for presents, 133 08 03
To John McQueen & Company, for presents, 1900 02 09
To Ancrum, Lance & Loocock, for presents, 9 05 00
To Laurens, Motte & Company, for presents, 202 00 00
To Thomas Wright, Esq. (articles in two accounts,) for presents, 508 02 06
To John McQueen & Company, on Lachlan Mcintosh's order,
for carriage of presents to the Creeks, 144 00 00
To Mary Wood, (to be paid when her account is attested,) for
entertaining Indians, 18 00 00
To Christopher Rowe, (three accounts to be paid when attestd,)
for the like service, 48 10 00
To Judith Postell, for the Uke service, 15 00 00
To Sarah Nightingale, for the like service, 444 04 03
To Henry Gallman, for the like service, 86 00 00
To WilUam Young, for the like service, 18 12 06
To Claudius Richburg, for the like service, 20 05 00
To James M'Kelvey, for the like service, 19 17 06
To Peter Witten,for like service, 52 13 09
To Robert Goudey, (three accounts to be paid when attested,)
for the like service, 60 15 00
To John M'Queen and Company, (two accounts assigned to them
by Robert Goudy, to be paid when the accounts are at-
tested,) for the like service, 36 05 00
To John Kesson, for the like service, 46 00 00
To Francis James, for the hke service, 7 10 00
To Conrade Holman, (three accounts,) for the like service, 51 15 00
To George Rogers, (two accounts,) for the like service, 26 05 00
To Andrew Shipe, (two accounts,) for like service, 36 15 00
To Henry Gallman, (a second account,) for the like service, 17 05 00
To Gavon Pou, for the like service, 49 00 00
To the estate of John Izard, deceased, for the like service, 3 12 06
To Samuel Thomas, for the carriage of presents to Kewohee, 20 00 00
To John Kitt, Indian Interpreter, for six days attendance on the
Creeks in Charlestown, 30 00 00
To John Ambrister, for bread for the Cherokees, 11 00 00
To Justinus StoU, for articles supplied Governor Glenn when he
went to build a Fort in the Cherokees, in 1756, 102 15 06
To Colonel Richard Ricliardson, for entertaining Indians, 63 07 06
To the Commissary General, for the hke service, 1471 11 00
To Thomas Nightingale, for the Uke service, 333 10 00
To John Fairchild, for the hke service, 47 12 06
To Lieutenant White Outerbridge, (omitted in the schedule to
the last tax law,) 20 11 03
To Ancrum, Lance and Loocock, on Daniel 3Iathews' order for
entertaining Indians, 26 05 00— i; 9,999 12 05
FOR PRISONERS OF WAR AND FRENCH ACADIANS.
To Elias Legardere, for the board of a French prisoner, 3 15 00
To Margaret Ohvere, for dieting a prisoner at the barracks, 40 06 03
To the Church Wardens of St. Phihp, (;;harlestown, two ac-
counts, for supplies to the Acadians, one amounting to
£854 4s. 2d., and the other to £158 17s. 6d., 1013 01 08
To John Bull, Esq. for subsisting Acadians sent to Prince Wil-
liam's parish in 1757, 154 00 00
To the Co.-ninissary General, for French prisoners, 94 07 06
OF SOUTH CAROLINA. I43
To the Public Treasurer, which he paid for the passages of two A. D. 17G0.
prisoners to England, £ loo 00 00
To Messieurs. Gabriel Manigault, Samuel Brailsford, James Lau-
rens, John Savage, Edward Neufville and Hopkin Price,
advanced by them for subsisting a number of Acadians, 2613 17 04 '
To Judith Postell, for French prisoners, 32 12 06
EXTRAORDINARY CHARGES.
To Smith & Brewton, for taffety for the use of the Council
Chamber, 30 18 09
To William Hall, for repairs to the Guard House, 248 15 00
To John Lingard, for iron ware for the Guard House, 44 14 06
To Came & Wilson, for paint for the Guard House, 25 04 00
To Frederick Strubell, for bricklayers work and slating the
Guard House, 510 OO 00
To the estate of Michael Jeane, deceased, for glazing the Guard
House, 14 09 04i
To Thomas Plunket, for candles for the miUtia when upon guard
in Charlestown, 30 10 00
To Jonathan Scott, for fire-wood for the same use, 3 00 00
To Benjamin Harvey, for the use of the Council Chamber, 17 00 07i
To Mary Harvey, house-keeper of the State House, 100 00 00
To Elias Legardere, for wharfage of gun powder^ 3 12 06
To Jonathan Badger, for the use of the Assembly Room, 51 00 00
The following sums (amounting to £ 389 9s.) to be paid by the
inhabitants of the parishes of St. Philip and St. Michael.
To fire-masters in Charlestown for the use of the en-
gines, and for pumps and buckets, viz :
Bernard Beckman, £ 154 06 06
George Sheed, 48 10 00
Richard Muncrief, 66 10 00
James Verre, 70 02 06
To the commissioners for the road upon Charlestown
Neck to keep the said road in repair, 50 00 00-i;389 09 00
To the Public Treasurer, which he advanced for extraordinary
services, 250 05 00
To the Commissioners for building the State House, to discharge
debts contracted by them, 3886 14 10
To the Pubhc Treasurer, advanced for contingent services, 1210 00 00
To supply last year's deficiency of the general duty fund, 1683 04 03
To the Pubhc Treasurer, which he paid more than was provided
for finishing Fort Loudoun and paying the provincials gar-
risoned at the said Fort, and for six months provisions for
the said provincials, 865 12 08
To the negro Sampson, annuity for discovering a cure for the
bites of Rattle Snakes, 50 00 00
To the Treasurer, for an appropriation order cancelled, 5 00 00
To Thomas Melhchamp, a reward for discovering a method of
making and refining Indigo, (to be paid upon his publishing
the whole process, upon oath, in the Gazette,) 1000 00 00-^)10,419 10 06
Toward defraying the contingent charges of the current year, 2500 00 00
For sinking part of the orders to be issued for paying the charges
of the late expedition against the Cherokee Indians, and
other expences since incurred by prosecuthig the war
with the said Indians, 70 000 00 00
£ 181,190 17 06i
B. SMITH, Sj?eaker.
In the Council Chamber, the "ilst day of July, 1760.
Assented to : WILLIAM BULL.
STATUTES AT LARGE
AN ACT GRANTING TO HIS MaJESTY AN AID OF ONE HUNDRED AND
TWENTY-FIVE THOUSAND POUNDS, CURRENT MONKY, AND APPLYING OTHER
MONEY THEREIN MENTIONED TO REPAY THE EXPENCE OF RAISING, PAY-
ING AND CLOTHING, FOR SIX MONTHS, A ReGIMENT, TO CONSIST OF TEN
Companies of Soldiers, each to be composed of one hundred Men,
BESIDES Officers, to be employed in the service of this Govern-
ment IN prosecuting the war against the Cherokee Indians and
their abettors, and for stamping orders for the more expeditious
issuing of the said sum, and for providing a fund to call in and
SINK THE said ORDERS Vi'ITHIN THE TIME THEREIN LIMITED.
WE, your Majesty's most dutiful and loyal subjects, the Commons
House of Assembly of this Province, considering the present unhappy
state of the Province, and the imminent danger to w^hich the same is daily
exposed, from the frequent incursions, attacks and murders made upon
your Majesty's subjects within the same by the Cherokee Indians and their
Preamble, abettors, and considering the many large sums of money lately granted by
this Province for preventing such injuries and cruelties, which have hith-
erto proved ineffectual ; and being desirous to grant your Majesty as large
an aid as the present circumstances of our constituents will afford, in order
to raise men to act in the service of your Majesty's Province for prosecut-
ing the war against the said Cherokees and their abettors, in such manner
as your Majesty's service may require, have cheerfully given and granted
unto your most sacred Majesty an aid or sum of one hundred and twenty-
five thousand pounds cuiTent money of South Carolina, to be raised,
levied, issued and applied in the manner and to the uses hereinafter men-
tioned, limited and appointed ; and we therefore humbly pray your most
sacred Majesty that it may be enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the autho-
rity of the same, That a tax or sum of one hundred and twenty-five
thousand pounds current money, shall be, and is hereby imposed and laid
upon the inhabitants of and others interested m this Province, which sum
shall be raised, levied and collected in such manner and proportions and
at such times as hereinafter is directed and provided, and shall be, and is
hereby granted as an aid to his Majesty, for the uses and purposes herein-
after mentioned and appointed.
IL And he it also enacted by the authority aforesaid, That the regiment
A regiment of intended to be raised and levied by this Act, and to be in the pay and
1000 men, with establishment of this Government, for the term of six months, shall consist
officers, to be f ^ companies of one hundred men each, besides officers, and shall be
raised and em- -, J^, ,, . i • n ^ ■ r-^ ^ • ..• *i ^ ,,,„_
ployed against employed wholly m the service of this Government m prosecuting the war
the'lndians. against the said Cherokee Indians and their abettors, and in doing such
other duty and service as his honor the Lieutenant Governour or the Com-
mander-in-chief for the time being shall think requisite for the defence of
this Pro\dnce.
III. And he it enacted, That out of the sum granted to his Majesty by
this Act, there shall be satisfied and paid to the officers and soldiers of the
^^ssignment o ^^.^ regiment six months pay, at the rates following, that is to say ; to the
The sum of
X;i25,000
currency
granted in aid
OF SOUTH CAT^OLINA. 14.5
colonel, five pounds twelve shillings currency, per clay; to the lieutenant A.D. ]7tJ0.
colonel, four pounds eighteen shillings currency, per day ; to the major, ^-'^'"^''"*«»-^
four pounds four shillings currency, per day ; to seven captains, two
pounds sixteen shillings currency, per day, each ; to twenty lieutenants,
one pound eight shillings currency, per day, each ; to ten ensigns, one
pound two shillings and two pence, per day, each ; to the adjutant, one
pound two shillings and two pence, per day ; to the quarter-master, one
pound two shillings and two pence, per day; to the paymaster, three
pounds ten shillings, per day, who shall personally attend his duty and pay
the private men as well as the officers, every week ; to forty sergeants, ten
shillings per day, each ; to forty corporals, eight shillings and nine pence,
per day, each ; to twenty drummers, eight shillings and nine pence, per
day, each ; to one thousand private men, seven shillings and six pence
currency, each, per day ; to the surgeon, two pounds two shillings curren-
cy, per day ; to two surgeon's mates, one pound two shillings and two
pence currency, each, per day; and for a medicine chest, thiee hundred
pounds.
IV". And he it also enacted by the authority aforesaid, That the pay
of the officers to he commissioned hy his honor the Lieutenant Governor When to com-
for the said regiment, shall commence from the respective dates of their '"'^"'^'^•
commissions ; and that the pay of all non-commission officers and the pri-
vate men shall commence from the days of their respective inlistments ;
and as an encouragement for fit and able bodied men speedily to en-
ter and inlist in the said regiment, each private man that shall enter and
inlist in the same, shall, at the time of his so entering and inlisting in the
said regiment, be paid out of the monies granted to his Majesty by this
Act, clear of all deductions, the sum of twenty-five pounds currency, in
hand, as a bounty, and the further sum of ten pounds like current money,
with uniform clothing to the value of fifteen pounds at the end or expira-
tion of one month's faithful service as a soldier in the regiment aforesaid,
as a further bounty for his so having entered and inlisted in the said regi-
ment for the service of this Province.
V. And he it further enacted, That such part of the three Provincial
companies as are now in the pay of this Province, are hereby declared to yinciarcomtia-
be, and shall be considered as part of the said regiment of one thousand nies to be
men, and subiect to the penalties and intitled to the benefits of this Act in''0"*'"le''f'''a3
• . - • Otirt 01 llic
every respect with those that are now intended to be raised, excepting regiment.
only as to the bounty hereinbefore given for inlisting in the said regiment.
VI. And be it likewise enacted, That the money a,lready provided by the
General Assembly for the pay of the said three companies, and such men Money already
as were raised in consequence of a resolution entered into by the Com- app'ijed*in''pav
mons House of Assembly, the twelfth day of February last, and now lying of this regi-
in the hands of the public treasurer for those services, shall, immediately "^ent.
after the passing of this Act, be appropriated and applied to the payment
of the said regiment ; any law to the contrary thereof notwithstanding.
VII. And he it enacted by the authority aforesaid. That his honor the
Lieutenant Governour or the Commander-in-chief for the time being, may jnlistment '
grant his commission, directed to any field officer of the said regiment, for "; 1 tin-y
holding a general court martial, pursuant to the direction of the present '^'^'^ '"®'
mutiny Act of Great Britain ; and also that the private men of the said
regiment sha,ll be enlisted in the same way and manner as the soldiers in
the King's pay are enlisted ; and that the said regiment, as well officers as
private men, shall be, and they and each and every of them, are hereby,
subjected and made liable to the same discipline and military duty as the
forces in his Majesty's pay are subjected and made liable unto by the Acts
VOL. IV.— 19.
146 STATUTES AT LARGE
A. I). 17C0. f,f the British Parliament, made for those purposes and now in force, and
^--''''"'''"^^ shall be tried and punished for oiTences in the same way and manner as the
officers and soldiers in his Majesty's pay are tried and punished for offen-
ces committed by them ; and they and each and every of them shall be
intitled to the same privileges and protection as the officers and soldiers in
his Mejesty's pay are intitled unto ; provided, that none of the private
men of the said regiment shall be obliged to continue in the said service
after the expiration of twelve months from the time of passing this Act ;
any law, usage or custom to the contrary thereof in any wise notwith-
standing,
VIII. And forasmuch as the present circumstances of the inhabitants of
Commissioners this Province cannot bear the raising of the sum granted to his Majesty
appointed to 'i^y ^]^[^ ^^ct, SO speedily as the exigency of the service requires. Be it there-
bjlis'oi"orde'rs./^>''f^ enrtrted by the authority aforesaid. That Christopher Gadsden, Richard
Beresford. David Gi-aeme, Henry Laurens, William Drayton and John
M'Queen, Esquires, or any four of them, shall be, and they are hex'eby
aopoinled commissioners for the stamping, signina: and making public
orders ; and it shall and may be lawful for the said commissioners, and
they or any four of them, ai-e hereby required, Avith all convenient speed,
to procure six thoufcand two hundred and fifty orders of the denomination
of twenty pounds, to be stamped, which orders, with such signatures and
devices as the said commissioners shall think fit, shall be in the words fol-
lowing, that is to say :
" South Carolina. (No. .)
" This order intitles the bearer to a credit equal to twenty pounds in the
current money of this Province, and shall be received by the pubhc trea-
suier in payment of all taxes and duties whatsoever, until the last day of
November, one thousand seven hundred and sixty-six, and no longer.
Dated, the day of , in the year of our Lord one thousand sev-
en hundred and sixty, and in the thirty-fourth year of his Majesty's reign."
IX. And he it also enacted by the authority aforesaid, That when the
said orders shall be so stamped and prepared, they shall be regularly
numbered and signed by the said commissioners, with their names subscrib-
ed thereunto, and then delivered into the hands of the public treasurer
for the time bemg.
X. And be it also enacted by the authority aforesaid, That the said
treasurer shall pay to the paymaster of the said regiment every week,
thei'e°monIv ^he pay due to the officers and private men of the said regiment, according
bills. ' to the "muster rolls to him to be returned by the said paymaster, upon
the oath of the captains respectively and one of the lieutenants, or the en-
sign of the respective company for which such muster roll is returned ; and
the public tieasurer shall be allowed ten shillings on every hundred pounds,
for his trouble in receiving and paying the said orders away.
XL And he it enacted by the authority aforesaid. That the said
To pass in orders shall pass in all payments to the public treasury, for the value there-
payment until of, until the last dav of November, one thousand seven hundred and sixty-
tlae last of No- • i, .. i "
veraber, 1766. s^-"^' ""'^ ^^ longer.
XIL And he it also enacted by the authority aforesaid. That the said
Their sole and orders shall be applied solely to defray the expence of raising, clothing
exclusive ^^^ paying the said regiment, at the rates and in the manner above
app cation. n-,gnt]oned, and to no other use, intent or purpose whatsoever ; and shall
be called in and sunk within the term of five years from the time of
passing this Act, one-fifth part thereof in every year, by general^ taxes,
to be annually levied on the estates, real and personal, of the inhabi-
tants of and others interested in this Province ; that is to say, the sura
OF SOUTH CAROLINA. H7
of twenty-five thousand pounds for sinking one-filth part of the said A.D.l,eo.
orders, shall be inserted m the schedules annexed to the tax laws that
shall be made for defraying the charges of this Government, for the
several and respective years of our Lord one thousand seven hundred
and sixty-one, one thousand seven hundred and sixty-two, one thousand
seven hundred and sixty-three, one thousand seven hundred and sixty-
four, and one thousand seven hundred and sixty-five.
XIIL And be it also enacted by the authority aforesaid. That in case
a tax law for defraying the charges of any of the years aforesaid, shall Provii^ion ia^^
fail of being made before the first day of August then next ensuing, 'gj^^^^j^j^^^'^jfj'
then, and m every such case, the said sum of twenty-five thousand pounds passed,
shall be raised, levied and paid for such year or years, out of the es-
tates, real and personal, of the inhabitants of and others interested in
this Provmce, in such proportion and manner, and under such restric-
tions and limitations, and at such tnue aud times in each year, as shall be
directed and provided by an ordinance or resolution of the General As-
sembly ; and shall be inquired of, assessed and collected by such inquirers, ^
assessors and collectors as shall be nominated and appointed fijr those pur-
poses by such ordinance or resolution ; but should it so happen, that no
such ordinance or resolution shall be made, then the inquirers, assessors
and collectors of the last preceding tax shall assess, levy and collect the
said sum of twenty-five thousand pounds ; and in all such cases the annual
rate or rates of all the slaves in this Province shall be five shillings per Rate of
head ; and of all lands without the limits of Charlestovvn, five shillings per ^*'''"'"''*
hundred acres ; and the sum of two shillings and six pence per centum
on the value of all town lots, wharfs and buildings and otlier lands within
the limits of any town, village or borough in this Province, the bounds of
Charlestown to 'extend as far as the new fortifications from Ashley river
to Cooper river ; and the sum of two shillings and six pence on every
hundred pounds, owing to any person on bond or other specialty or note
of hand, bearing or including interest, over and above what they pay inter-
est for ; and the sum of two shillings and six pence per centum on every
person's stock in trade, that is to say, wares, merchandize and book debts
of persons in trade, shop-keepers and others ; and the like sum of two
shillings and six pence per centum on all faculties, professions, (the
clergy'^excepted,) factorage and handicraft trades, throughout the Pro-
vince ; Avhich said sura of twenty-five thousand pounds shall be annually
applied for calling in and exchanging the said public orders ; :md the said
orders, from time to time, as the'same shall come into the treasury, shall
be cancelled and destroyed in the presence of such members of the coun-
cil, with such committee of the Assembly, as shall be appointed for that
purpose.
XIV. And for the better obviating any frauds or abuses that may
be practiced in the discharging of soldiers, It is further e7iactcd by the
the authority aforesaid. That no private man who shall be duly entered Soldiers not to
or inlisted into the said regiment, shall be discharged from the said ^^.^J'^^J^^^S^'^
service without the consent of the colonel, or, in his absence, the field sent of the
officer commanding the said regiment, first had and obtained in writing, colonel or field
under hand and seal for that purpose, nor without returning such bounty
money as he shall have received, in which writing the cause of his dis-
charge shall b'S expressed, and a copy of such discharge fijrthwith trans-
mitted to the Lieutenant Governor or Commander-in-chief for the time
being ; and any ofl^icer that shall presume to discharge any soldier in any
other manner, %hall for such offence be cashiered ; and every soldier
duly entered and inlisted, who, under colour or pretence of a dischargu
143 STATUTES AT LARGE
A. U. 1761. fi-om any officer (other than as aforesaid,) shall quit the said service,
^-"'■^'''"^^ shall be "reputed and punished as a deserter.
XV. And be it also enacted by the authority aforesaid, That any person
Counterfeiting or persons who shall counterfeit, raze or alter any of the public orders
pubHc mde!"^ issued by virtue of this Act, or sh<ill offer them in payment, knowing the
or money bills ^^^-^^ ^,-, \,g counterfeited, razed or altered ; and every person and persons
inadetelonv. ^^^^^ ^,^^^^ ^^^.^^^ ^^^^^ ^^, procure the counterfeiting, razing or altering such
orders, being thereof duly convicted, are hereby declared and deemed
guilty of felony, and shall suffer death as felons without the benefit of the
clergy.
B. SMITH, Sjmiker.
In the Council Cbamher, the 20th day of August, 1760.
Assented to: WILLIAiM BULL.
No. 900. AN ORDINANCE to authorize the impressing, regulating the
HIRE, AND ASCEUTAIMNG THE VALUE OF WaGGONS, CaRTS, HoRSES
AND Drivers, to be eaiployed in his Majesty's service.
WHEREAS, his Majesty's service and the security of this Province
require the march of a number of regular forces, sent to our assistance by his
Excellency General Amherst, to prosecute the war against and punish the
Cherokee' Indians for the many murders committed by them upon his
Preamble. iMajesty's subjects, which service will be greatly retarded if power is not
given to procure a sufficient supply of waggons, carts, horses and drivers,
to be employed in carrying provisions and other necessaries for that pur-
pose ; and that no exorbitant demands may be made by the owners there-
of, but that a just and reasonable rate may be fixed, whereby they may be
induced the more readily to contribute their utmost "toward forwarding
the present necessary service,
I. Be it ordained, by the Honorable William Bull, Esq., Lieutenant
Governor, by and with the advice and consent of his Majesty's Council
and the Commons House of Assembly of this Province, and by the author-
Warrants mav ily of the same. That it shall and may be lawful for the Governor, Lieu-
be issued to " tenant Governor, or Commander-in-chief of this Province for the time
impress wag- |-,gi„o-^ j^ j^sue a wan'ant or w^arrants to any field officer of his Majesty's
gons, &c. j.gg^^|^j, ^Qi-cQ^ that now are or shall be engaged in the service of this
Province, or to the commissary general of this Province, impowering him
or them, by writing under his or their hand, to give orders to such persons
as he or they shall appoint, to impress so many waggons, carts, horses and
Remuneration drivers, as by such order shall be directed. And the persons from whom
to be paid. ^^y waggons, carts, horses or drivers shall be impressed as aforesaid, shall
be entitled to and receive accordingly, either weekly, monthly, or at the
expiration of their said service, at their option, from the Comniander-m
chief of his Majesty's forces, employed in the said service, the sum of
four pounds ten shillings current money, by the day, for every waggon
with five horses and a driver, capable of carrying twenty hundred
weight, and a greater weight no waggon shall be liable to carry, (the
.'••aid^ driver receiving his own subsistence from his Majesty, but maintain-
ing his horses himself) ; and every cart .shall be paid for in the same man-
ner, in proportion to the weight they shall respectively be capable of
OF SOUTH CAROLINA. 149
caiTYiu"-; the said daily pay to commence from the time of impress, and A. D. 1761.
to be continued until the said waggons, carts horses and drivers shall or ^-^^v^^-^
might return to the place from whence the same were taken.
n. And be it farther ordained. That every waggon, cart and horse shall
be valued and appraised upon oath by two indifferent persons, one to be
chosen on the behalf of his Majesty, and one on the part of the owner, ^y^^^^g^jj^jg^
before the same shall be employed as aforesaid ; and if the said persons &c. to be ap-
shall differ in judgment as to the value, they shall fix upon a third pei'so" P^^^^«=d °"
to join them, by the majority of whom the value shall be ascertained ;
which oath the person producing such order is hereby authorized and im-
powered to administer, and who shall give a certificate of such appraised
value to the said owner. And in -case the said waggons or carts shall be
destroyed or taken, or the said horses be killed or taken by the enemy, the
said appraised value shall be paid to the respective owner thereof, by the
Commander-in-chief of his Majesty's forces employed in the said
service. . .
III. And be it further ordained, That this ordinance shall be and con- [^•.»''||^»on^o|.^_
tinue in force till the first day of January next, and no longer.
Ill the Commons House of Assembly, the 2Uh day of January, 1761.
By order of the House.
B. SMITH, Speaker.
hi the Ujjper House of Assembly, the 24th day of January, 1761.
Bi/ order of the House.
OTHNIEL BEALE.
In the Council Chamber, the 2Uh day of January, 1761.
Assented to: WILLIAM BULL.
AN ACT FOR THE CONTINUING, MEETING AND SITTING OF THE GENERAL No. 901.
Assembly of this Pkovince, in case of the demise of His
Majesty, his heirs and successors.
WHEREAS, this Province may be exposed to great dangers, at the
time when it shall please God to afflict us by the death of our most gra-
cious sovereign, King George the Third, (whom God long preserve,) or
by the death of any of his heirs and successors, before a General Assembly
can be summoned and called ; for prevention thereof,
I. Be it enacted by the Honorable William Bull, Esq., Lieutenant
Governor, by and with the advice and consent of his Majesty's Council,
and the Commons House of Assembly, and by the authority of the same,
That this General Assemlily, or any other General Assembly which shall
hereafter be summoned and'called, shall not determine or be dissolved by
the death or demise of his Majesty, his heirs and successors ; but such
General Assembly is hereby enacted to continue, and is hereby impowered
to meet, convene and sit, and to act, notwithstanding such death or demise,
for and during the term of six months after due notification thereof given,
and no longer, unless the same shall be sooner dissolved by the Governor
or Commander-in-chief for the time being.
II. And it is hereby further enacted by the authority aforesaid. That in
case there shall be no General Assembly in being when notice shall be
received of the death or demise of his Majesty, or any of his heirs and
150 STATUTES AT LARGE
A. D. 1761. successors, and no writs shall have been issued out for the calling of a
new Assembly, then the last preceding General Assembly may be con-
vened and sit, and is hereby impowered to act as aforesaid, to all nitents
and purposes, as if the said^General Assembly had never been dissolved.
III. Provided always, and it is hereby declared, That nothmgm this Act
contained shall extend, or be construed to extend, to alter or abridge the
power of the Governor or Commander-in-chief to prorogue or dissolve
General Assemblies, nor to repeal or make void an Act of Assembly made
in the eighth year of his late Majesty King George the First, entitled " An
Act to ascertain the manner and form of electing Members to represent
the inhabitants of this Province in the Commons House of Assembly;"
but that so much of the said Act as is not already repealed shall continue
in force, in every thing that is not contrary to, or inconsistent with, the
directions of this Act.
B. SMITH, Speaker.
In the Council Chamber, the second day of Ju?ie, 1761.
Assented to : WM. BULL.
No 902 ^1^' *^C?r FOR IMPOSING AND CONTIM3I1VG AN ADDITIONAL DUTY ON AIL
Winks, Rum, Biscuit and Flour, to bk hf.reaftkr imported,
DURING THU TERM THEBKIN MENTIONED; AND FOR APPLYING PART
OF THE SAID DUTYS TO THE PAYMENT OF THE SoUTH CAROLINA
Regiment.
WHEREAS, by an Act of the General Assembly, passed the sixth
day of July, in the' year of our Lord one thousand seven hundred and
fifty-seven, an additional duty was imposed and laid on all wines, rum,
biscuit and flour, to be thereafter imported, over and above the duties im-
posed on such commodities by the general duty laws, until the sum ot
forty-four thousand and ihree hundred pounds, in the said Act mentioned.
Preamble. ^^^^^^ ^^ ^.^-^^^ thereby, which sum hath been accordingly raised ; but
forasmuch as the exigeiicies of Government, in this time of war, make it
necessary that the said additional dmys should be continued ; we therefore
humbly pray his most sacred Majesty that it may be enacted,
I And be it enacted, by the Honorable Wilham Bull, Esq., Lieutenant
Governor and Commander-in-chief in and over the Provnice of South
Carolina, by and with the advice and consent of his Majesty's Council
and the Commons House of Assembly of the said Province, and by the
authority of Xhe same, That immediately from and after the passing ot
this Act", an additional duty shall be, and is hereby, imposed and laid, and
shall be paid, on all wines, rum biscuit and flour, to be hereafter imported,
over and above the duties imposed on the said commodities by the gen-
eral duty law ; that is to say, on every pipe of wine, four pounds ten shi -
lin<^s, and so in proportion for a greater or lesser quantity ; on every gal-
lon°of rum, nine pence ; on every hundred pounds weight of white bis-
cuit, made in the Plantations, three shiUings and nine pence ; on every
hundred pounds of middling biscuit, made as aforesaid, two shillings and
six pence ; on every hundred pounds weight of brown or ship biscuit,
made as aforesaid, one shilling and eight pence ; and on every himdred
pounds weight of flour, of the produce of the Plantations, two shilhngs
and six pence ; in the current money of this Province. Provided, that
OF SOUTH CAROLINA. 151
die same abatement be made for drawback, wastage, or leakage, as
is directed and appointed by the general duty law. Which additional
duty shall be paid for and dunng the term of five years from the time of
the passing of this Act, and no longer.
II. A7id be it further enacted by the authority aforesaid, That the sum
of twenty-three thousand four hundred and sixty-eight pounds four shil-
llncrs and two pence, currency, part of the money raised by virtue of this
Act, shall be applied to the payment of the South Carolina Regiment ;
and' that the surplus of the said additional duties shall remain in the hands
of the public treasurer, to be applied in such manner and to such purpo-
ses as the General Assembly of this Province shall direct and appoint.
BENJAMIN SMITH, Sj>eal-er.
In the Council Chamber, the second day of June, 1761.
Assented to: WILLIAM BULL.
A. D. 1761.
AN ACT FOR REVIVING AND CONTINUING PART OF AN AcT OF THE No. 903.
General Assembly of this Province, entitled " An Act for lay-
ing Buoys and erecting and sripporting Beacons or Land Marks near the
Bar of the harbour of Georgetonm Winyaw, a?id for bvilding and
repairing one or more Boat or Boats to attend the Bar of the said har-
bour, and for the better settling and regulating the pilotage of the said
harbour, and for obliging such vessels as go to the said port of George-
toivn, to pay poicder duty," AND FOR APPROPRIATING THE DUTIES ON
ALL Goods, Wares and Merchandizes imported and exported
INTO OR out of THE PoRT OF GEORGETOWN WiNYAW, SINCE THE
EXPIRATION OF THE SAID AcT, TO AND FOR THE PURPOSES THEREIN
MENTIONED.
WHEREAS, an Act of the General Assembly of this Provmce,
entitled " An Act for laying buoys and erecting and supporting beacons
or land marks near the bar of the harbour of Georgetown Winyaw, and
for building and repairing one or more pilot boat or boats, to attend the
bar of the said harbour, and for the better settling and regulating the p^^^^j^j^^
pilotage of the said harbour, and for obliging such vessels as^ go to the
said port of Georgetown, to pay powder duty," lately expired ; and
whereas, the inhabitants of the parishes of Prince George and Prince
Frederick, by their humble petition to the Commons House of Assembly,
setting forth that the good ends and purposes intended by the said Act
were "not fully attained and answered before the expiration thereof, and
that the revival and continuance of the same will be productive of many
great advantages, particularly to the navigation of the said port, pray that
the said Act may accordingly be revived and continued for some conveni-
ent time, and that the duties on goods imported into and exported out of
the said port since the expiration of the said Act, may be appropriated
in like manner as such duties were by the said Act appropriated ; we
therefore humbly pray your most sacred Majesty that it may be enacted,
I. And be it enacted, by the honorable William Bull, Esquire, Lieuten-
ant Governor and Commander-in-chief, in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council
and the Commons House of Assembly of the said Province, and by
152 STATUTES AT LARGE
A.D.17G1. the authority of the same, That the said Act hereinbefore mentioned,
and all and every clause, matter and thing whatsoever therein contained,
shall from henceforth stand and be, and it is hereby revived, except that
part thereof which impowers the commissioners to rate and assess a sum
not exceeding one thousand pounds current money per annum, on the
inhabitants of the said parishes, and that the same shall remain and con-
tinue in full force for the space of five years next ensuing, and no longer.
11. A?id be it also enacted, That all and singular the monies already
paid, and that shall be hereafter paid to the receiver for the time being,
of the said port of Georgetown Winyaw, for duties on goods, wares and
merchandizes imported therein and exported therefrom since the expira-
tion of the said term and before the passing of this Act, shall be by him
paid and applyed in such manner, and to and for the several uses and
purposes in and to and for which the like duties were severally and res-
pectively appropriated in and by the said Act.
BENJAMIN SMITH, Speaker.
In the Council Chamhcr, the 'z5th day of July, 1761.
Assented to: WM. BULL.
No. 904. AN ACT enabling the Rector and Church-wardens of St. Bar-
tholomew's Parish to sell and convey the old Glebe Land at
Chehaw, in the said Parish, and with the money to arise from
THE sale thereof, TO PURCHASE SLAVES; AND FOR VESTING SUCH
SLAVES, WITH THEIR FUTURE ISSUE AND INCREASE, IN THE PRESENT
Rector or Minister and his successors in the said Parish.
WHEREAS, the rector, church-wardens and vestrymen of St. Barthol-
omew's parish, bv their humble petition to the General Assembly, have set
i-reambje. ^^^^^^ ^^^^^ ^^ ^^^^ ^^^^^^ bearing date the tenth day of May, in the year of our
Lord one thousand seven hundred and thirteen, Thomas Townsend did
convey unto John Woodward and his assigns forever, all that plantation
or tract of five hundred acres of land situated at Chehaw, with the appur-
tenances in trust, and for the use of the said parish and the rector or
parson thereof; that in the year of our Lord one thousand seven hundred
and fifteen, by the calamities of the then Indian war, the said parish was
abandoned by the inhabitants ; and that several years after, when the said
.parish was resettling, the people made choice to settle near and adjoining
to Pon Pon river and the westward parts of the parish, and that by the
assistance of the inhabitants, other well disposed persons and the public,
a chappel was built, a glebe purchased and a parsonage house erected
near Pon Pon, as most convenient for the inhabitants and the residence
of the rector, for which reasons the glebe at Chehaw becomes useless to
the parish, and prayed that a law may be made for the sale of the said
glebe at Chehaw, and to permit the monies thence arising to be laid out
in slaves for the use of the rector or parson of the said parish ; and
whereas, the said land lyeth waste, and by reason of the poverty and
barrenness of the soil, will not answer the charge and expences of any
buildings to be put thereon ; and whereas, the intent of the said Thomas
Townsend, as the land is situated, is wholly defeated, but the same may
be answered in part if the prayer of the said petition be granted ; wherefore,
we most humbly pray his most sacred Majesty that it may be enacted,
OF SOUTH CAROLINA. 153
I. And he it enacted, by the honorable William Bull, Esquire, Lieuteii- A. D. 1761.
ant Governor and Commander-in-chief of the Province of South Carolina, ^-^"v""**-^
by and with the advice and consent of his Majesty's Council and the
Commons House of Assembly of the said Province, and by the authority ^^^^ ^^^^^^ j^^^
of the same. That the said five hundred acres of land, with the appurte- vested in the
nances mentioned in the said deed, shall be and are hereby vested and presein parson
settled in the present parson and the present church-wardens of the said ^"rdenYof St.
parish of St. Bartholomew, and his and their successors, parson and Bartholomew,
church-wardens of the said parish, to the intent and purpose that such sale
thereof may be made as herein is after mentioned ; and the said present
parson and church-wardens, and his and their successors, parson and
church-wardens of the said parish, are hereby enabled, with the consent ^^^ ^^^^^^ ^^j^
of the vestry of the said parish, or the major part of the said vestry, to thereof,
make any conveyance, sale or disposition of the said land, with the appur-
tenances, to any person or persons whatsoever, his, her or their heirs or
assigns, at the best price that may be had for the same, first giving twenty-
one days notice of the time and place of the sale thereof; and with the
money arising by the said sale, to purchase young female slaves, which
said female slaves and their future issue, shall thenceforth be vested, and
are hereby declared to be vested, in the present rector or minister of the
said parish and his successors, rectors or ministers of the said parish,
while they shall respectively remain incumbents or ministers thereof;
any law, usage or custom, to the contrary thereof in any wise notwith-
standing.
II. And he it also enacted, That upon the death or other vacancy of the
rector or minister of the said parish, it shall be lawful for the church- 1" case ^-^death
wardens and vestry of the said parish for the time being, and they are the church-
hereby enjoined to take care of, or employ or let out on hire the said wardens and
, •',''... T . , Tin *i, 4^4- vestry to take
slaves and their issue during such vacancy, and shall pay over the pioMs pj^i.g3j-jjjgj^,^^
arising therefrom to the next succeeding minister of the said parish upon and slaves,
his being elected, or after he shall have officiated as minister in the said
parish, with the consent of the parishioners, for the term of six months.
III. And he it further enacted by the authority aforesaid. That this Act
shall be deemed and taken to be, and is hereby declared to be, a publick
Act of this Province, of which all judges and other persons are to take
notice, and that the same shall or may be given in evidence.
BENJAMIN SMITH, Speaker.
In the Council Chamher, the 25th day of July, 1761.
Assented to : WILLIAM BULL.
AN ACT for the establishing, keeping and maintaining a Watch JSfo. 905.
Company, for preserving good order and regulations in Charlestovra,
(Passed July 25, 1761. Sec last volume.)
AN ACT for repealing an Act passed the seventh day of October, in No. 906.
the year of our Lord one thousand seven hundred and fifty-two, for
altering and amending the sixth and seventh paragiaphs of the Act
commonly called the General Duty Act, and for appropriating and
VOL. IV.— 20.
154 STATUTES AT LARGE
A.D.irei. applying three-fifths of the tax appropriated and applyed by the
' said sixth and seventh paragraphs of the said last mentioned Act as
is hereinafter mentioned.
(Passed July 25, 1761. The original too much torn to be copied.)
No. 90'/. AN ORDINANCE appointing William Hope, Gentleman, Comp-
troller OF THE COUNTRY DUTIES FOR THE PoRT OF BeAUFORT, PoRT
Royal, in the Province of South Carolina.
WHEREAS, John Chapman, late comptroller of the country duties
in the Port of Beaufort, is removed to and settled in Charlestown,
I. Be it therefore ordained, by the Honorable William Bull, Esquire,
Lieutenant Governor and Commander-in-chief, by and with the advice
and consent of his Majesty's Council and the Commons House of Assem-
bly of the said Province, and by the authority of the same. That William
Hope shall be, and he is hereby nominated and appointed comptroller of
the country duties in the aforesaid Port of Beaufort, Port Royal, and that
he shall be intitled unto, receive and take the same fees and perquisites
to the said office belonging or appertaining ; and shall be first sworn be-
fore any one of his Majesty's justices of the peace in this Province, who
is hereby impowered and required to administer such oath, well and tiuly
to execute and discharge the said office of comptroller.
B. SMITH, Speaker.
In the Council Chamber, the 25th day of July, 1761.
Assented to: WILLIAM BULL.
No. 908. AN ACT appointing Commissioners to stamp and sign the sum of
twenty thousand pounds in lawful paper Bills of Credit, for
exchanging such lawful paper Bills of Credit as are now out-
standing, AND ARE BECOME OBLITERATED, TORN AND DEFACED.
WHEREAS, many of the lawful paper bills of credit now current in
this Province, are very much torn and defaced, and the inhabitants thereof
Preamble, are under many inconveniences for want of small currency for marketing
and other occasions; we therefore pray his most sacred Majesty that it
may be enacted,
I. And be it enacted, by the honorable William Bull, Esquire, Lieuten-
ant Govemor and Commander-in-chief in and over his Majesty's Province
of South Carolina, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of the said Province, and
by the authority of the same, That Thomas Smith, John Savage, John
CommiBsioners Wragg, Ebeneazer Simmons, jr., William Williamson, Jacob Motte, jr.
noSted to and John Rutledge, Esquires, or any four of them, be, and they are here-
etamp and ^y impowered and required to stamp off and duly sign twenty thousand
iBBue bills. pQ^jj^ig in lawful paper bills of credit, none of which bills shall be for
more than one pound, nor any for less than two shillings and sixpence ;
which said sum of twenty thousand pounds, being so stamped and signed,
OF SOUTH CAROLINA. J.'»5
shall be by the said commissioners lodged in the hands of the public trea- '^•^- ''''5'*
surer for the time being, and, together with the balance (now in the trea- ^-^^^^''^'^^
sury) of twenty thousand pounds, which was stamped, sigued and put into
his hands by virtue of an Act of the General Assembly, passed the six-
teenth day of May, one thousand seven hundred and fifty-two, intitled
" An Act for appointing commissioners to stamp and sign the sum of twenty
thousand pounds in paper bills of credit, to be exchanged for such of the bills
of credit as were lately stamped upon bad paper and are become oblite-
rated, torn and defaced, which said balance, together with the sum of
twenty thousand pounds, to be stamped and signed as aforesaid, shall be
by him, from time to time, issued and exchanged for such of the current
lawful bills of this Province as shall be torn, obliterated or defaced, and
shall be brought to him for that purpose, and shall not be issued on any
other account or pretence whatsoever ; and the said treasurer shall, once
every year, render an account to the General Assembly of the sum he shall
yearly exchange for the torn, obliterated and defaced bills or part thereof,
to the end that such torn, obliterated and defaced bills or parts thereof,
may be, by a committee of the Council and Assembly, burnt or destroyed
U. And be it further enacted by the authority aforesaid. That in case
any of the said commissioners shall happen to die or depart this Province Commisaioner
before they have executed the powers given by this Act, it shall and may ^'"^*
be lawful for his honor the Lieutenant Governor or the Commander in-
chief for the time being, to nominate and appoint another commissioner
or commissioners, in the room of him or them who shall so happen to die
or depart this Province ; and such commissioner or commissioners so
nominated and appointed, shall have the same powers for the pui-poses
aforesaid as the commissioners herein named.
III. And be it enacted by the authority aforesaid. That any person or
pel sons who shall counterfeit, erase or alter any of the lawful bills issued ^^^^^^^'^yj-JP^j^
by virtue of this Act, or shall offer them in payment, knowing the same to rasing or altei'-
be counterfeited, erased or altered ; and every person and persons who ing the bills,
shall assist, abet or procure the counterfeiting, erasing or altering such
bills, being thereof duly convicted, shall be, and are hereby declared and
deemed guilty of felony, and shall suffer death as felons without benefit of
clergy.
B. SMITH, Speaker.
In the Council Chamber, 2oth day of .hihj, 176L
Assented to: WM. BULL.
AN ACT for raising and granting to his Majesty the sum of two hundred jVb. 909.
and eighty-four thousand seven hundred and fifty-seven pounds seventeen
shillings and four pence three farthings, and applying twenty-four thousand
and seventy pounds nineteen shillings and eight pence three farthings,
being surplus of taxes and the balance of several funds in the Public
Treasury, making together, three hundred and eight thousand eight
hundred and twenty-eight pounds seventeen shillings and one penny
half-penny, to defray the charges of this Government from the first day
of January to the thirty-first day of December, one thousand seven
hundred and sixty, both days inclusive, and for other services therein
mentioned.
(Passed July 30, 1761. Omitted.)
STATUTES AT LAllGE
JVo. 910. AN ACT for building and kkeping in repair a Pilot Boat, to
ATTEND THI5 BaR AND HaRBOUR OF BeAUFORT, PoRT RoYAL, AND FOR
the better skttli.xg and regulating the pilotage of the said
Harbour.
WHEREAS, the small number of vessels trading to Beaufort, Port
Royal, are not sufficient to encourage a pilot or pilots to furnish them-
Preamble. selves with boats for the use of the harbour of the said port ; and as the
increase of trade must be of great advantage to all the inhabitants living
in those parts, which may be discouraged for want of pilots ; we therefore
pray your most sacred Majesty that it may be enacted,
I. And he it enacted, by his Excellency Thomas Boone, Esquire, Cap-
tain General, Governor and Commander-in-chief in and over his Majesty's
Province of South Carolina, by and with the advice and consent of his
Majesty's Council and the Commons House of Assembly of the said
Commissioners Province, and by the authority of the same, That the several persons
appointed to i^gj-eafter named, be, and they are hereby appointed commissioners to put
rn'repa^rapiloUhe several matters in this Act directed, in execution, viz : Nathaniel
boat, Barnwell, John Barnwell, John Mulryne, Francis Stuart and William
Hope, Esquires, atiy three of whom are hereby declared to be a quorum,
which said commissioners shall be, and they are hereby authorized, impow-
ered and required to build a pilot boat to attend the bar of the said harbour
of Beaufort, Port Royal, and to keep the same in sufficient repair, which
said boat shall be delivered into the custody and care of the pilot or pilots
of the said harbour, who shall obtain branches or licences in the manner
hereinafter directed.
II. And the better to raise a fund for the purposes aforesaid, Be it
Commissioners enacted by the authority aforesaid. When it shall so happen that the neat
i-dseSs If duties collected in the said port of Beaufort, Port Royal, by virtue of any
necessary. Act or Acts of Assembly of this Province, after deducting the waiter s
salary, shall fall short of the sum of five hundred pounds per annum, as a
fixed salary for the pilot, and one hundred and fifty pounds for keeping
the said pilot boat in repair, that the said commissioners shall be and they
are hereliy authorized, impowered and required to raise a sum of money
to the amount of that deficiency ; and for that purpose to rate^and assess
all and every the persons living and residing in the parish of St. Helena,
Port Royal, for their lands and slaves, moneys at interest, and stock in
trade in the said parish, and all the settled plantations and slaves of other
persons in the said parish, rateably and proportionably, according to the
quantity of lands and number of Slaves held, owned or claimed in the said
parish, and the value of the moneys at interest and stock in trade therein,
which'assessment shall be made and taken yearly from the returns of the
inquirers and collectors of the general tax for the last preceding year.
III. And be if further enacted by the authority aforesaid, That in case any
person or persons shall, on due notice given in the Gazette, neglect or re-
wTihist fuse to pay his, her or their part or proportion of such assessment to the
SiE"' said commissioners, then the said commissioners, or a quorum of them
shall, and they are hereby impowered and required to issue a warrant of
distress under their hands and seals, against such defaulter or defaulters,
for the same, directed to any lawful constable where such defaulter lives
or resides.
OF SOUTH CAROLINA. 157
IV And he it fm-tlicr enacted by the authority aforesaid, That the said ^^^J^^j^
commissioners or any three of them, shall be, and they are hereby mipow-
ered and required to nominate and appoint such tit and competent person Cpmrnissioners
or persons to act as pilot or pilots, for the conductmg of ^;essels mward to ^^V\^
or outward from the Port of Beaufort, as they shall judge proper; and
every master or skipper of any ship or vessel, for the consideration ot the
pilotage of such ship or vessel inward to or outward trom the said port,
shall pay unto the licenced pilot who shall take charge ot the same the toi-
lowin^ rates, that is to say : for six feet of water or under, mward or out-
ward, three pounds and tifteen shillings ; for seven feet, five pounds; tor Fees of pilots,
eight feet six pounds and five shillings; for nine feet, seven pounds and
ten shillings ; for ten feet, eight pounds and fifteen shdlmgs ; tor eleven
feet, ten pounds; for twelve feet, eleven, pounds and five shillmgs ; lor
twelve feet and an half, twelve pounds ten shillings; for thirteen teet,
thirteen pounds fifteen shillings; for thirteen feet and an halt htteen
pounds; for fourteen feet, sixteen pounds and five shillings ; for fourteen
feet and a half, seventeen pounds and ten shillings ; tor fifteen teet,
eighteen pounds and fifteen shillings ; for sixteen feet, twenty-five pounds ;
for seventeen feet, thirty-one pounds and five shillings ; for eighteen feet,
thirty-seven pounds and ten shillings ; for nineteen teet, forty -five pounds ;
for twenty feet, sixty-five pounds and fifteen shillings current money of
this Province ; provided, that no decked periauga or coastmg boat shall be
obli.o-ed to pay any pilotage that are coming or going coastways.
V. And be it further enacted by the authority aforesaid, i hat m case
any of the said commissioners shall happen to die, depart this Province or Governor may
refuse to Act,thenhisexcellency the GovernorortheCommander-m-clnef of filWac^^^^^^^^^^
this Province, shall have power to nominate and, appoint another commis-jj^^ ^^^^.^ ^^
sioner in the room of him that shall so die, depart this Provmce or refuse removal ofco,ii--
to Act; and such commissioner so appointed, shall have the same powers """^'oners.,
and authoritys in all respects as those particularly named m this Act ; and
the commissioners shall, once in two years, or oftener if required, transmit
a just and true account upon oath to the General Assembly, ot all the mo-
nies by them collected and expended in virtue of this Act.
VI. And he it further enacted by the authority aforesaid, That it any ol
the said commissioners or any other person, shall be sued or proseciited May ^plead^^^^^^^
for any matter or thing done in pursuance of the directions ot tins Act,
then he or they so sued shall and may plead the general issue, and give
this Act and the special matter in evidence, in the court where such suit or
prosecution shall or may be brought or commenced. • i rp, 11
VII. And he it further enacted by the authority aforesaid, ihat all
ships and vessels which shall go to ^h^P-^f ^Beaufort from any port^J^^^^^^^^^^^^^
(except CharlestoxNTi and Georgetown,) shall be liable to pay tne same p^^^.^^^^^p^^
powder duty as ships and vessels that come to Chariestown ; which shall be powder duty,
paid to such person as the powder receiver in Chariestown shall depute
and appoint to receive the same. . t rr^i . u • . . • -
VIII. And he it further enacted by the authority aforesaid. That this L.m.mnon of
Act shall be of force for the term of five years, and from thence to the end
of the next session of the General Assembly, and no longer.
B. SMITH, Speaker.
In the Council Chamber, the I9th daj/ of May, 1762.
Assented to: T HO. BOONE.
No. 911.
STATUTES AT LARGE
AN ACT FOR THE BETTER PREVENTING OF ExCESSIVE AND DeCEITFUL
Gaming, and to prevent Occupiers of Licensed Public Houses,
AND other Houses wherein Liquors are sold, from suffering
Apprentices, Overseers, Journeymen, Labourers and Servants
from gaming therein.
Preamble.
Promises to
pay gaming
debts, void.
WHEREAS, games and exercise should not be otherways used than
as innocent and moderate recreations, and not as constant trades or call-
ings, to gain a living or make unlawful advantage thereby ; and w^hereas,
by the immoderate use of them, many mischiefs and inconveniences do
arise and are daily found, to the maintaining and encouraging sundry idle,
loose and disorderly persons, in their dishonest, lewd and dissolute course
of life, and to the circumventing, deceiving and debauching of many of
the younger sort of people and others, to the loss of their time and the
ruin of their estates and fortunes, for prevention of which evils for the
future, we pray his most sacred Majesty that it may be enacted,
I. And he it enacted, by his Excellency Thomas Boone, Esquire, Cap-
tain General and Governor-in-chief in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the
authority of the same. That from and after the passing of this Act, all
bills, bonds, judgments, mortgages, notes of hand or other securities or
conveyance whatsoever, given, granted, drawn or entered into or executed,
by any person or persons whatsoever, where the considerations of such
conveyance or securities shall be for any money or other valuable things
whatsoever, won by gaming or playing of cards, dice tables, tennis, bowls,
or other game or games, bet or bets, chance or chances of any kind what-
soever, or by betting on the sides or hands of such as do game at any of
the games aforesaid, or for reimbursing or repaying any money knowingly
lent or advanced for such gaming or betting as aforesaid, or lent or ad-
vanced at the time and place of such play, to any person or persons so
gaming or betting as aforesaid, or who shall, during such play, so play or
bet, shall be utterly void, frustrate and of none effect, to all intents and
purposes whatsoever; any statute, laws or usage to the contrary thereof
in any wise notwithstanding; and that, where such mortgages, securities or
other conveyances, shall be of lands, tenements or hereditaments, or shall
be such as incumber or affect the same, such mortgages, securities or
other conveyances, shall enure and be to and for the sole use and benefit
of, and shall devolve upon such person or persons as should or might have,
or be entitled to such lands, tenements or hei'editaments, in case of the
said grantor or grantors thereof, or the person or persons so incumbering
the same, had been naturally dead ; and as if such mortgages, securities
or other conveyances, had been made to such person or persons so to be
entitled, after the decease of the person or persons so incumbering the
same ; and that all grants or conveyances to be made for the preventing
of such lands, tenements or hereditaments from coming to or devolving
upon such person or persons hereby intended to enjoy the same as afore-
said, shall be deemed fraudulent and void, and of none effect, to all intents
and purposes whatsoever.
IL And, he it further enacted by the authority aforesaid, That from
and after the passing of this Act, any person or persons whatsoever, who
shall at any time or times, sitting or sittings, within the space of twenty-
OF SOUTH CAROLINA. 159
four hours, by playing of cards, dice tables or other game or games what- A. D. 1762.
soever, or by betting on the sides or hands of such as do play at any of "«-^'v^»-^
the games aforesaid, lose to any one or more person or persons, so play- Money or
ing or betting, in the whole, tlie sum or value of five pounds current l"^'*;^^"'^^^^
money of this Province, and shall pay or deUver the same or any part ^e recovered.
thereof, the person or persons so losing and paying or delivering the
same, shall be at liberty, within three months then next following, and not
after, to sue for and recover the moneys or goods so lost and paid or de-
livered, or any part thereof, from the respective winner and winners there-
of, with costs, by a warrant from a justice of peace in nature of a warrant
for debt, founded on this Act, in case the money or goods so lost and paid
or delivered, above the value of five pounds, shall not exceed the value of
twenty pounds cun-ent money ; and in case the money or goods so lost and
paid or delivered, shall exceed the value of twenty pounds current money,
the loser shall and may recover the same from the winner or winners,
with costs, by action of debt, founded on this Act, to be prosecuted in his
Majesty's courts of common pleas in this Province, in which actions or
suits no essoign, protection, wager of law, privilege, or more than one
imparlance shall be allowed ; and in which action or suit it shall be suffi-
cient for the plaintiff to ^lledge that the defendant or defendants are
indebted to the plaintiffs, or received to the plaintiffs use the moneys so
lost or paid or converted, the goods won of the plaintiff's to the defendant's
use, whereby the plaintiff's action or suit accrued to him, according to
the form of this Act, without setting forth the special matter ; and in case
the person or persons who shall lose such money or other things as afore-
said, shall not within the time aforesaid really and bona fide sue for, and
afterwards with effect prosecute for the monies or other things so by him
or them lost and paid, or delivered as aforesaid, it shall and may be law-
ful to and for any person or persons, by any such action or suit as afore-
said, to sue for and recover the same and treble the value thereof, with
costs of suit, against such winner or winners as aforesaid, unless such winner
or winners shall, within ten days after the winning such money or thing,
repay or re-deliver to the loser, such money or thing so won and received
as aforesaid, together with costs of suit, as may have accrued before the
repayment or re-delivery of such money or thing ; the one moiety of
which penalty shall be to the use of the person or persons that will sue
for the same, and the other moiety to the use of the poor of the parish
where the offence shall be committed.
III. And for the better discovery of the monies or things so won and
received, and to be sued for and recovered as aforesaid. It is herehy winner to
further enacted hy the nathority aforesaid, That all and every the person answ^eron^o^^^^^
or persons, who by virtue of this present Act shall or may be liable to be
sued for the same, shall be obliged and compellable to answer, upon oath,
such bill or bills in equity as shall be preferred against him or them, for
discovering the sum and sums of monqy or other thing so won and
received at play as aforesaid.
IV. Provided always, and be it nevertheless enacted by the authority
aforesaid, That upon the discovery and repayment of the money or other J^'j?f "[^''^Y^f "**
thing, so to be discovered and repaid as aforesaid, together with any costs empted from
that°may have accrued, the person or persons who shall so discover and further penal-
repay the same as aforesaid, shall be acquitted, indemnified and discharged ^'^®-
from any further or other punishment, forfeiture or penalty, which he or
they may have incurred by the playing for or winning such money or other
thing so discovered and repaid as aforesaid ; any former or other Act,
i^w or usage, or any thing in this present Act contained to the contrary
thereof in any wise notwithstanding.
IGO STATUTES AT LARGE
A. D, 1762. V. And he It further enacted by the authonty aforesaid, That if any
^-'^'^''■""•*-^ l^erson or persons whatsoever, at any time or times after the passing this
Cheatino- how ■^^'^' ^^ or shall, by fraud, or shift, cousenage, circumvention, deceit or un-
to be punished, lawful device or ill practice whatsoever, in playing at and with cards and
dice, or any of the games aforesaid, or in bearing a share or part ni the
stakes, wagei's or adventures, or in or by betting on the sides or hands of
such as do or shall play as aforesaid, win, obtain or acquire to him or them-
selves, or to any other or others, any sum or sums of money, or other
valuable thing or things whatsoever, that then every person or persons so
winning by such ill practices as aforesaid, being convicted thereof, upon
an indictment, to be exhibited against him or them for that purpose, shall
forfeit five times the value .of the sum or sums of money or other thing,
so won as aforesaid ; and in case of such ill practice as aforesaid shall suffer
such corporal punishment as the court before whom the same shall be
tried shall think tit to inflict, not extending to the loss of life or member,
and such penalty to be recovered, by such person or persons as shall sue
for the same, by such action as aforesaid.
VI. And for preventing such quarrels as shall or may happen upon the
account of gaming. Be it farther ermctcd by the authonty aforesaid. That
Quarrelling, in case any person or persons shall assault and beat, or shall challenge or
provoke to fight, any other person or persons, upon account of money won
by gaming, playing or betting at any of the games aforesaid, such person
or persons so assaulting, beating, challenging or provoking to fight such
other person or persons, upon the account aforesaid, shall, being thereof
convicted, upon an indictment or information to be exhibited agamst him
or them for that purpose, forfeit to his Majesty, his heirs and successors
one hundred pounds proclamation money, and shall also sufier unprison-
ment, without bail or mainprize, in the common goal in Charlestown,
during the term of one year.
VII, And whereas, the occupiers of many licenced public houses and
Keepers of other houses wherein liquors are sold, frequently suffer gaming therein, and
nmto >era^r apprentices, overseers, journeymen, laborers and servants, by means thereof,
gainhig?""' not onlv misspend their time, but are often reduced to poverty and distress;
Be it therefore enacted by the authority aforesaid. That from and after the first
day of July next, if any person or persons licenced to sell any sorts of
liquors, or who shall sell or suffer the same to be sold in his or their house
or houses, or in any out-houses, ground, or apartments thereto belonging,
shall knowingly suffer any gaming with cards, dice, draughts, shuffle-boards,
billiard tables, skittles, nine pins, or at or with any other games or imple-
ments of gaming, in his, her or their outhouses, ground, or apartments
thereto belonging, by any apprentices, overseers, journeymen, labourers
or servants, and shall be convicted of the said offence, on their own con-
fession, or on the oath of one or more creditable witness or witnesses, ex-
clusive of the person giving information thereof, before any justice or jus-
tices of the peace for the county wherein the offence shall be committed,
within twenty days after such offence shall be committed, he, she or they
so offending shall, for every such offence, forfeit and pay the sum of forty
shillings pTOclamation money ; and for every like offence which he, she or
they shall afterwards be convicted of before any such justice or justices of
the peace, he, she or they so offending shall forfeit and pay the sum of
four pounds proclamation money ; all which sums of money, so forfeited,
shall be levied by distress and sale of the offender's goods and chattels, by
warrant from the justice or justices before whom such offender or offenders
shall be convicted, which warrant every such justice or justices is and are
hereby required and authorized to grant ; and three fourths of all sums
OF SOUTH CAROLINA. JGl
which shall be so forfeited shall, on the recovery thereof, be paid to the A.D. irc'i.
churchwardens or vestry of the parish in which the offence shall be com- ^-^'''>'''~"**-^
mitted, for the use of the poor of the said parish, and the other fourth
thereof to the person or persons on whose information the party or parties
offendino- shall have been convicted ; and in default of payment thereof,
such offender or offenders shall, by a warrant under the hand of such jus-
tice or justices as aforesaid, be committed to the work-house in Charles-
town, there to remain and be kept to hard labour for any time not exceed-
ing the space of ten days, or until the money so forfeited shall be paid.
VIII. And be itlikewise cnactedhy the authority aforesaid, That from and
after the first day of July next, if any apprentice, overseer, journeyman. Penalty on ap-
labourer, or servant, shall game in any house, out-house, ground, or apart- P'j*'"'''^^^ ^^^
ment thereto belonging, wherein any liquors shall be sold, and shall be gaming.
convicted of the said offence, by oath of one or more creditable witness or
witnesses, or on his own confession, every such offender shall forfeit and
pay the sum of twenty shillings proclamation money, every time he shall
so offend and be convicted as aforesaid, to be paid and applied as herein-
before is directed with regard to persons selling liquors and permitting
such gaming, and in default of such payment shall, by warrant under the
hand of such justice or justices as aforesaid, be committed to the work-
house in Charlestown, there to remain and be kept to hard labour for any
time not exceeding the space of five days, or until the money so forfeited
shall be paid.
IX. And be it further enacted by the authority aforesaid, That it shall
and may be lawful to and for any justice or justices of the peace of any Proceedings
county, and he and thev is and are hereby required, upon complaint on ofjustices of
*' *^ . . ./•."* tnc p6flC6 on
oath of any offence committed against this Act, to issue his or their Avar- complaint
rant to some constable of the parish wherein the offence shall be charged being made of
to have been committed, or where the offender shall reside, for bringing ^^"""^'
before him or them, or some other justice of the same county, the person
or persons charged with such offence, and he and they is and are hereby
authorized and required to hear and finally to determine the matter of
such comjDlaint, and to proceed to judgment and conviction thereupon,
without any appeal therefrom ; and if it shall appear, by oath of any Witnesaea to
creditable person, that any persons within the said justice's jurisdiction '''' summoned,
can give material evidence against any offender against this Act, or on
behalf of the person accused, and who Avill not voluntarily appear to be
examined, such justice or justices may and shall issue his or their sum-
mons to convene every such 2:)erson before him or them, to be examined
on oath concerning the premises ; and in case of refusal to be examined Penalty on
as aforesaid, without just cause for such refusal, it shall be lawful for such refusing to
justice or justices to fine such person or persons a sum not exceeding four '^PP^'*'''
pounds pi'oclamation money, and in default of payment thereof in three
days, then to commit every such person or persons, by warrant under his
or their hand and seal, to any public prison, for any time not exceeding ten
days ; and the expense attending such several commitments shall be borne
and paid by the parties offending against this Act, if of ability to pay the
same, which shall be levied by warrant as aforesaid, and if not, the same
shall be paid by the public, in like manner as is done for conveying crimi-
nals to gaol.
X. Provided alwaijs, and be it eyiacted by the authority aforesaid. That
in all proceedings in pursuance of this Act, any inhabitant of the parish Any inhabitant
in which such offence shall be committed, contrary to the true intent j" t x-tne!"/*'"
thereof, shall be admitted to give evidence, and shall be deemed a compe-
VOL. IV.— 21.
Ift2
STATUTES AT LARGE
A.T>.1765.
Justices of
peace and coii'
stables impow-
ered to enter
gamins^ house;
and arrest the
inmates.
A public Act.
Limitation 7
years.
tent witness, notwithstanding his, her or their being an inhabitant or
inhabitants of such parish.
XI. And in order the more effectually to suppress so great an evil. Be
it also farther enacted, That it shall and may be lawful for any justice or
justices of the peace, or constable, and he and they is and are hereby au-
thorized and required, upon his or their receiving mformation from any
credible person, or who shall himself know, or have reasonable and just
cause to suspect, that there are any such persons as aforesaid gaming in any
licensed public houses, or other house sellmg liquors, contrary to the in-
tention of this Act, taking with him two other creditable persons, to enter
into the same, demand being first made for so doing ; and in case of refu-
sal, to break open the doors of such houses, and search for and seize, and
apprehend any person or persons as aforesaid, in order to his, her or their
being prosecuted for such offence according to law.
XII. And he it further enacted by the authority aforesaid. That this
Act shall be deemed a public Act, and be taken as such by all judges, jus-
tices and magistrates, and in all courts within this Province, without special
pleading, and shall continue m force for the space of seven years, and
from thence to the end of the next session of the General Assembly, and
no longer.
B. SxMITH, Spea1(er.
In the Council Chamber, the \9th day of May, 1762.
Assented to: THOMAS BOONE.
No. 912. AN ACT for erecting \ new Church in the Parish of Saint
Stephen, and for establishing a Road in the said Parish, in-
stead OF PART op the ROAD LEADING FROM PaLMER's FeRR\' TO
Watboo Bridge, and for appointi>'g commissioners for building
a Chapel of Ease near Wambavv Bridge, in the Parish of St.
Jamks Santee
Preamble.
A parish
church to be
built for St.
Stephen.
WHEREAS, many of the inhabitants of the parish of Saint Stephen,
by their humble petition to the General Assembly, setting forth that the
present parish church of St. Stephen is an old, decayed wooden building,
and too small for the number of parishioners, which has gi'eatly increased
since the said church was first erected as a chapel of ease to the parish of
St. James Santee, before the division of that parish from the said parish
of St. Stephen, have prayed that a new parish church may be erected in
the said parish of St. Stephen ; we therefore humbly pray his most sacred
Majesty that it may be enacted,
I. And he it enacted, by his Excellency Thomas Boone, Esq., Captain
General, Governor and Commander-in-chief in and over the Province of
South Carolina, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of the said Province, and
by the authority of the same, That a church shall be built by the commis-
sioners hereinafter named, on any part of the land in the said parish of
St. Stephen now used for a church-yard to the pi-esent parish church
thereof; and that the church so to be built thereon shall, when finished,
be, and it is hereby declared to be, the parish church of the said parish of
OF SOUTH CAROLINA. 1G3
St. Stephen ; any law, usatje ur custom to the contrary thereof in any wise " ' " '*'''
notwithstanding.
II. And be it further enacted by the authority aforesaid, That John
Pamor, Charles Cantey and Philip Porcher, Esquires, Mr. Joseph Pamor, Commissioners
Mr. Peter Sinkler, Mr. Peter Porcher, Mr. Thomas Cooper, Mr. Rene ^PP*''" ^
Peyre and Mr. Samuel Cordes, or a majority of them, be, and they are
hereby appointed, commissioners for building the said church and setting-
up pews therein ; and they and every of them are and is hereby author-
ized and impowered to take and sue for subscriptions to and for the same,
and to receive, gather and collect all such sum and sums of money as any
pious and well disposed persons shall give and contribute for the purposes
aforesaid ; and in case of the death, absence or refusal to act of anj'^ of
the said commissioners, the remaining commissioners, or any five of them, Vacancies,
shall and may, and they are hereby fully authorized and impowered to,
nominate and appoint another person or persons to be commissioners in
the room and place of such person or persons so dying, absenting or refu-
sing: to act, and the person and persons so nominated and appointed shall
have the same power and authority for putting this Act in execution, to
all intents and purposes, as the commissioners herein named.
III. And be it further enacted by the authority aforesaid, That the
said commissioners, or any five of them, with the monies to be collected Xq build ths
by the contributions aforesaid, shall have power, and they are hereby church and
authorized and required, as soon as conveniently may be, to build the said '^^°^® ** ^ *
church, and to set up pews in the same, in such manner as they in
their discretion shall think fit, which pews shall be made as equal in size
as can be, and shall be disposed of in manner following ; that is to say,
the person who shall have contributed most towards the buildnig the said
church, shall be entitled to have the first choice of the pews in the same ;
and if it shall happen that several persons have contributed equally, such
persons shall draw lots for the choice ; and the said commissioners, or any
five of them, are hereby impowered and required to convey the said
pews to such persons, their heirs and assigns, for ever, by any instrument
in writing, under their hands and seals, for that purpose.
IV. And whereas, Rene Peyre, by his humble petition to the General
Assembly, representing that the road leading from Palmer's ferry to Wat-
boo bridge runs through the middle of his plantation, and is of very great
detriment to him ; that he hath, therefore, laid out a new road, with the
leave of all persons concerned or interested therein, shorter than the old,
prays that the said new road may be established by law, instead of part of
the old road ; Be it therefore enacted by the authority aforesaid. That the ^^^^'^l^^
new road in the parish of St. Stephen, lately laid out by the said Rene
Peyre, which crosses the swamp on the line between his and Mr. Edward
Thomas's plantation, shall, when finished and completed by him so as to
be approved by the commissioners for the high roads of the said parish of
St. Stephen, or a majority of them, be, and it is hereby established, a
private road ; and that the persons subject or liable by any Act or Acts of
Assembly of this Province to repair or work on that part of the road
leading from Palmer's ferry to Watboo bridge, which will be divided
from the remainder thereof by the said new road, shall, when the said
new road be so compleated and finished as aforesaid by the said Rene
Peyre, be obliged to repair and work on the said new road, and that they
shall not thereafter be liable to repair and work on the aforesaid part of
the said old road, nor shall the same be any longer deemed, taken or used
as a private road; any law, usage or custom to the contrary thereof in
any wise notwithstanding.
164 STATUTES AT LARGE
A. D. 1762. V. Whereas, by an Act passed the 11th May, 1754, entitled " An Act
^"^""^"^^^"■^ foi- dividing the parish of St. James Santee," certain commissioners were
Commissioners appointed for building a chapel of ease near Wambaw bridge ; and where-
appointed to a.s, the building of said chapel has hitherto been neglected to be carried
DUllQ a. Cn3.pGl . ,*^ - ■*-_._ n ^ - ^ ^ • nil
of ease near "ito execution, to the great disadvantage oi the inhabitants oi the lower
Wambaw part of the said parish, one of the commissioners being dead, and another
" ^^' having left the parish, Be it therefore enacted by the authority aforesaid,
That Thomas Lynch, John Mayrant, Isaac Mazyck, Jr., Peter Mauzon
and Jacob Motte, Jr., Esquires, or any three of them, shall be, and they
are hereby appointed, commissioners for erecting and building a chapel of
ease near Wambaw bridge ; and they shall and are hereby invested with
the same power and authority as the commissioners named in the said
Act were invested with for erecting and building the said chapel ; any
thing to the contrary contained in the said Act notwithstanding,
BENJAMIN SMITH, Speaker.
In the Council Chamber, the Idth day of May, 1762.
Assented to: THOMAS BOONE.
No. 913. AN ACT appointting Charles Garth, Esq., Agent to solicit and
TRANSACT THE AFFAIRS OF THIS PROVINCE IN GrEAT BrITAIN.
WHEREAS, many important matters, in which the interest and wel-
fare of this Province are essentially concerned, are now depending, and
other tilings relative thereto may hereafter become necessary to be repre-
sented to his most gracious Maejsty, to both or either house ef Parliament,
and to the several boards in Great Britain, and to be transacted in some
of the offices there, which cannot be so expeditiously or effectually done
without the appointment of an Agent for those purposes ;
I. Be it therefore enacted, by his Excelleney Thomas Boone, Esquire,
Captain General, Governor and Commander-in-chief in and over his
Majesty's Province of South Carolina, by and with the advice and consent
of his Majesty's Council, and the Commons House of Assembly of the
said Province, and by the authority of the same. That Charles Garth,
^ Esq., be, and he is hereby nominated and declared to be. Agent to repre-
sent, solicit and transact the aftairs of this Province in Great Britain ; and
the said Charles Garth, Esq., is hereby accordingly fully authorized, im-
powered and directed to prosecute, and with diligence and application to
endeavour to carry into execution, such instructions as he shall from time
to time receive fiom the General Assembly of this Province, or from the
committee hereinafter appointed to correspond with him.
II. And be it also enacted by the authority aforesaid, That any four of
the members of his Majesty's honorable Council, the Honorable the
Speaker of the Commons House of Assembly for the time being, and
such other members of the said house as shall be by them appointed for
that purpose, shall be, and they, or any nine of them, are hereby constitu-
ted a committee to correspond with the said Charles Garth, Esq., and to
give him such orders and instructions as shall be by them thought neces-
sary for the service <»f the said Province.
ni. And, he it further enacted by the authority aforesaid, That a sum of
two hundred pounds sterling money of Great Britain, per annum, shall be
allowed and paid to the said Charles Garth, Esq., for the services afore-
OF SOUTH CAROLINA. 1G5
said, during the term of two years, to commence and take place from the ^•^- '^''S--
day the said Charles Garth, Esq., shall receive a copy of this Act, so as to
be enabled thereby to pursue the instructions thereof; which said salary
he shall be hereby entitled to, over and above all such reasonable charges
and disbursements as he shall be put unto on account of his said agency.
B. SMITH, Speaker.
In. the Council Chamber, the l^th day of May, 1762.
Assented to: THOMAS BOONE.
AN ACT for vesting the Ferry over Ashley river, in Edward Legge, his No. 914.
Executors, Administrators and Assigns, for fourteen years.
(Passed May 19, 1762. See last volume.)
An ordinance for appointing Mr. Joseph Hutchins Country No. 915.
Waiter for the Port of Charlestown, and Mr. Richard Ste-
vens, Country Waiter for the Port of Beaufokt, Port Royal.
WHEREAS, it is necessary that country waiters for the ports of
Charlestown and Beaufort, Port Royal, should be appointed,
I. Be it therefore ordained, by his Excellency Thomas Boone, Esquire,
Captain General and Governor-in-chief in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council
and the Commons House of Assembly of the said Province, and by the
authority of the same. That Mr. Joseph Hulchins be, and he is hereby
constituted and appointed, country waiter for the port of Charlestown, to
all intents and purposes whatsoever.
II. And be it further ordained by the authority aforesaid. That Mr.
Richard Stevens be, and he is hereby constituted and appointed, country
waiter for the port of Beaufort, Port Royal, to all intents and piu-poses
whatsoever.
B. SMITH, Speaker.
In the Council Chamber, the \9th day of May, 1762.
Assented to: THOS. BOONE.
AN ACT for dividing the Road leading from the upper Settlement, ^q. 916,
near the Catawba nation, to Nelson's (late Beard's ferry) in two districts,
and appointing a greater number of Commissioners for the said road ;
and for laying out a road, from Saunder's Creek to Pedee river ; anoth-
er from Murray's ferry to Nelson's (late Beard's) ferry ; and anothor
from the plantation of Dennis Hagen, in Craven county, to Murray's
ferry; and for impowering the Commissioners of the high-roads in St.
James's Santee, to build a new bridge over Wambaw creek, in the said
parish ; and also, impowering the Commissioners of the high-roads for
the parish of St. George, to alter the road leading through the village
of Dorchester.
(Passed May 29, 1762. See last volume.)
No. 917,
STATUTES AT LARGE
AN ACT for finishing, compleating and keeping in repair a road already
laid out from Day's creek bridge, in Granville county, to the plantation
of Jermyn and Charles Wright, called Rochester, situate on Savannah
river, in the said county, and" for estabUshing a ferry over the said river,
from the said plantation of the said Jermyn and Charles Wright, to the
plantation of Jonathan Bryan, in Georgia.
(Passed May 29, 1762. See last volume.)
No. 918. AN ORDINANCE for appointing a Comptroller of the Country
DUTIES FOR THE PoRT OF ChARLESTOV^N.
WHEREAS, it is necessary that a comptroller of the country duties
for the port of Charlestown should be appointed ;
1. Be it therefore ordained, by his Excellency Thomas Boone, Esquire,
Captain General and Governor-in-chief, in and over the Province of South
Carolina, with the advice and consent of his Majesty's Council and the
Commons House of Assembly of the said Province, and by the authority
of the same, That Samuel Prioleau be, and he is hereby appointed and
declared, comptroller of the country duties for the port of Charlestovra, to
all intents and purposes w^hatsoever.
B. SMITH, Speaker.
In the Council Chamber, the 29th day of May, 1762.
Assented to: THO. BOONE.
No. 919. AN Additional ACT to an Act intitled ''An Act to encourage the
making of Hemj).'^
Preamble.
WHEREAS, an Act intitled "An Act to encourage the making of
hemp," past the twenty-third day of February, in the year of our Lord
one thousand seven hundred and twenty-two, hath proved insufficient
for the purposes intended ; may it therefore please his most sacred Ma-
jesty that it may be enacted,
I. And be it enacted, by his Excellency Thomas Boone, Esq., Gover-
nor-in-chief and Captain General in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council
and the Commons House of Assembly of the said Province, and by the
authority of the same. That over and above the premium of eight shil-
Bounty on lings and four pence proclamation money, per hundred pounds weight,
hemp to be 149. ^-^^^ ^^ ^^ encouragement for making of hemp in this Province by the
said recited Act, a further premium or sum of six shillings proclamation
money, shall be, and is hereby, given out of the public treasury of this
Province, for every hundred pounds weight of well dressed merchantable
hemp, reckoning five score to the hundred, and so on in proportion for
all under or above that quantity made in this Province, to be paid to
the maker or makers thereof in manner hereinafter directed.
OF SOUTH CAROLINA. 167
l\. And be it further enacted by the authority aforesaiil, That Robert A. D. 1762.
Fnngle, James Reid, William Wooddrop, Thos. Shubrick and Frederick ^^^^^^
Gnmkey Esquires, shall be, and they are hereby nominated and appoint- Inspectors,
ed, mspectors of such hemp as shall be made in this Province • and thev
or any three of them shall and may judge and determine whether the
same is of such quality as to be intitled to the premium given by this
III. And be it further enacted by the authority aforesaid. That no
£T^I 7lf'K^^'" be intitled to the said bounty, unless he or she Oath of the
shall make oath before the said inspectors or some one or other ofg™^*^---
them, who are hereby impowered to administer such oath, and also the
other oath heremafter mentioned, that he or she made in this Province
the hemp produced to such inspectors, mentioning the weight thereof
and that neither he or she or any other person before that time had
received any premium or bounty for the same; or unless such person
or persons shall sign and swear to a certificate before some magistrate
m the country, that he or she is the real owner of a quantity of hemp
expressmg the weight thereof, and that the same is of the growth and
produce of his or her plantation, mentioning the place where the same is
situate in this Province, and that he or she hath either absolutely sold or
delivered the same to another person, mentioning also the name of such
person to be carried to Charlestown and sold or otherwise disposed of on
his or her accouut ; and unless such person to whom the same is so sold
or delivered shall produce such certificate, attested before a justice of the
peace, and swear before the said inspectors or one of them, that the hemp
produced Dy him or her to such inspectors, is the hemp so sold or deliver
ed to him or her by the person swearing to such certificate as aforesaid,
and tha neither he or she, or any other person, before that time had
h^nh 7 "7 or premium for the same; which said certificate
shall be in the words and to the effect following ;
" ^' ^- ^•' of - > in county, do "hereby certify, that I am
the real owner of _ weight of hemp, and that the same is of th^
growth and produce of my plantation, situate in county in this Form of
Province and that I have absolutely sold the same to or (as the """''^"'^'''•
case Shan be, delivered the same to C. D., to be conveyed 'to Charlet
town to be sold or otherwise disposed of by him on my account. A B
i he above certificate was signed and)
sworn to before me the day off
, 176 . ^ >
E. F., J. P." )
IV. And be It further aiactedhy the authority aforesaid. That if any
person or persons shal take a false oath before any justice of the ^ce^-'ty for
in th^ Province in order to procure his attestation of such certifica^te or'""'"
certificates of the growth of hemp, all and every such person and pe sons
ttf of'wiS and ^^J^^^^^. ^-^^y- -d ^hall Lifer L pains and^enal-
ties, ot wilful and corrupt perjury ; and every justice of the peace, planter
or maker of hemp, or other person who shall be guilty of any fSud in
a testing signing or swearing to such certificate, shall forfeit tL sum of
WeinatrlsXet^^^^^ ^^^^^ ^° '^ ~^ -^ ^PP^-^ at
y. And be it further enacted by the authority aforesaid, That the pub-
lic treasurer for the time being shall be, and he is hereby oblieed and ^"'""^ ^'^^^"■
required to pay the said premiums on hemp to the maker or m^ers fhereof IZZ^ ^'^
a^d'atlXT""; °^PT"^- <^f the certificate or certificates, to be sworn '•
and attested as aforesaid, upon such maker's orpossessoi's producing to the
of.
168 STATUTES AT LARGE
A. D. 1762. treasurer a certificate from the inspectors, or any three of them, that such
^-^"^^^"'^^ maker or possessor hath compHed with the terms of this Act and is inti-
tled to receive such bounty.
VI. And be it further enacted by the authority aforesaid, That the pen*
alty and forfeiture by this Act imposed, shall and may be prosecuted,
be recovered '^ determined and recovered by action of debt, in his Majesty's court of com-
and disposed mon pleas ill this Province, wherein no essoign, protection, privilege or
wager of law, or more than one imparlance, shall be admitted or allowed ;
and the said penalty and forfeiture shall be applied, one moiety to his
Majesty for the use of this Government, and the other moiety to him or
them that will sue for the same.
VII. And he it further enacted. That this Act shall continue and be of
force for the term and space of five years, and no longer.
BENJAMIN SMITH, ^peaher.
In the Council Chainhcr, the 'd^th day of May, 1762.
Assented to: THO. BOONE.
No. 920. AN ACT to regulate the trade with the Cherokee Indians, by
TAKING THE SAME INTO ^HE HANDS OF THE PUBLIC OF THIS PROVINCE.
WHEREAS, the Cherokee Indians have requested that this Govern-
ment would regulate the trade with them, prevent abuses therein, and
provide that they may be furnished with a sufficiency of necessary goods
by honest and sober men at reasonable rates, the granting of which request
may be not only productive of much good to those people, but tend to the
Preamble. safety and tranquility of this Province, and to strengthen and secure the
peace and friendship lately concluded between the said Indians and this
Government, and to induce them to withdraw themselves from the French,
and effectually to secure their affection to the British interest : and where-
as, the coming down of the Cherokee Indians to Charlestown on frivolous
occasions hath been attended with great expence to the Province ; in order
to prevent which, and the abuses complained of, and to effectuate the good
purposes aforesaid, it is absolutely necessary that the Cherokee Indian
trade, and the power and liberty of supplying the Cherokees with goods,
wares and merchandizes, should be taken into the hands of the Govern-
ment in the manner hereinafter directed ; we therefore humbly pray your
most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency Thomas Boone, Esq., Gover-
nor-in-chief and Captain General in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the autho-
rity of the same. That Fort Prince George, at Keowee, shall be, and is
Commissioners hereby appointed, the only place from whence to carry on the Cherokee
appointed to Indian trade aforesaid, under the directions hereinafter expressed and de-
carry on the clared ; and that Thomas Lambole, Thomas Shubrick, Gabriel Manigault,
trade. John Savage and Thomas Smith, of Broad-street, Esquires, shall be, and
are hereby nominated and appointed, directors to carry on the Indian trade
aforesaid ; and the said directors, or a majority of them, shall have full pow-
er and authority to do, execute and perform the several duties and things
enjoined and required of them by virtue of this Act, during the continu-
ance thereof; and shall once in every year adjudge and settle their
OF SOUTH CAROLINA. \6'J
accounts, and render the same to the Assembly of this Province foi' the time A. D. ]7(i2.
being, therein setting forth the nature, manner and profits of the trade ^-'•'^^~^*-'
aforesaid ; and shall be allowed for their trouble two and a half per centum Their compcn-
on the purchase of the goods, and two and a half per centum on the sales sation.
of the returns, and no more, including storage in Charlestown.
II. And be it further enacted by the authority aforesaid. That one fit
person shall be nominated and appointed by the directors, or by amajority of ^ *^'^.^°'' ^^ '^®
them, as a factor to carry on the said trade at the factory at Kcowee afore- Keowee.
said, which factor, so to be nominated and appointed, shall constantly reside
at Keowee aforesaid, and shall receive as an annual salary for his trouble in
canying on the said trade the sum of three hundred poundsproclamationmo-
ney ; and in case any factor nominated and appointed by virtue of this Act
should refuse to serve, die, or be removed by the directors for misbehaviour,
or surrender up his said trust and office, the said directors, or a majority of
them, shall in like manner proceed to nominate and appoint one other fit
person to sei'\'e as factor in the place and stead of him who shall refuse to
sen^e, die, be removed, or surrender up his trust and office as aforesaid ;
provided always, that the directors aforesaid, or a majority of them, shall
be at liberty from time to time, during the continuance of this Act, at their
pleasure, to remove any factor hereafter to be appointed by virtue of this
Act, and one other factor to nominate and appoint in the place and stead
of the factor so removed ; and for the better enabling the said factor the
more effectually to manage the business of the said factory, the said direc-
tors, or a majority of them, shall nominate and appoint two persons as Clerks and
clerks, and two white men as porters, not being soldiers, to reside in the ^"'^ ^'^^'
factory aforesaid, subject to the directions of the factor to be appointed by
virtue of this Act, and to be removed at the pleasure of the said directors ;
and the said clerks so to be appointed, shall be allowed one hundred and Salaries,
forty-pounds proclamation money, each, as their salaries ; and each of the
said porters shall have an annual salary of forty pounds proclamation money.
III. And be it further enacted by the authority aforesaid, That the said
directors, or a maioritv of them, shall constantly, from time to time, during '^'^'^ directors
, iJ»/ ' ^ d ' ^ ^ ' o ^Q SUPPiV 1116
the continuance of this Act, funiish and supply the said factor with proper factor with
assortments of goods, wares and merchandizes, which the said factor shall goods,
sell, exchange and barter with the Indians for their skins and peltry, or
for money, at such rates as shall be from time to time settled by the said
directors or a majority of tliem.
IV. And be it further enacted by the authoiity aforesaid, That the said j^pj^ji.^gjQljg
directors, or a majority of them, shall from time to time, with such money sold in
as shall be granted and appropriated for that pui-pose, purchase from the Charlestown.
importers, or import, as shall be most conducive to the benefit of the said
trade, and send out to the said factory, necessary assortments of goods,
wares and merchandizes, for carrying on the trade aforesaid ; and shall
receive the skins, peltry and other goods that shall be sent in as returns
for the same, and sell or dispose thereof, by themselves or such other per-
son or persons as they shall appoint, in lots, by way of public auction or
vendue in Charlestown, to the highest bidders, giving at least ten days
notice in the public newspapers of this Province of such sale, together with
the particular assortments and quantities of the goods, wares and merchan-
dizes so to be sold ; provided nevertheless, that no lot of such goods, wares
and merchandizes shall exceed in value fifty pounds proclamation money ;
in which purchases and sales the directors aforesaid, their factor and all
and every other person or persons to be appointed or employed by them,
shall use their utmost care, diligence and circumspection for the public
good and interest.
VOL. IV.— 22.
I'O • STATUTES AT LARGE
A. D. 1762. v_ yiy,^ hg It further enacted by the authority aforesaid, That the said
'^-'''^'^""^*^ directors, or any or either of them, shall not directly or indirectly, buy, sell,
Directors for- barter, exchange or trade with any Indian or Indians whatsoever, on his
bidden to trade qj. x\^q^y qwu account, or on the account of any person or persons whatso-
on their own ■ m n i i 'i ^ i
account. ever, nor permit or sutler any lactor, clerk or other person or persons under
their or any of their directions so to do, during the continuance of this
Act, but for the only account of the Province and in the manner directed
by this Act, except it be for necessary provisions, under the penalty of five
hundred pounds proclamation money, for every such offence, to be recov-
ered in such manner as the other fines and penalties inflicted by virtue of
this Act are directed to be recoveied ; one half thereof to the informer
or person who shall sue for the same, and the other half to be applied to
the uses of the trade aforesaid.
VI. And the better to enable the directors to can-y on the said trade
May issue and execute and perform all and every the duties enjoined and required of
ceruficates. them by this Act, Be it enacted by the authority aforesaid, That it shall
and may be lawful for the said directors, or a majority of them, to issue
certificates for any sum or sums of money, not exceeding in the whole the
sum of six thousand pounds proclamation money, for the uses, intents and
purposes aforesaid ; and the said certificates shall be received in the public
treasury of this Province in payment of all taxes and duties whatsoever.
VII. And be it further enacted by the authority aforesaid. That if any
The public to loss shall happen in carrying on the said trade, whereby a sufficient fund
make good any yy^i]] jjq^ jjg [^ ^j^g hands of the said directors to enable them to call in and
cancel the certificates to be issued by them as aforesaid, then and in that
case such loss shall be on account of and paid by the public, and the said
directors no way liable to the same.
VIII. And be it further enacted by the authority aforesaid. That in set-
Rate of profit, tling the rates of exchanging and bartering with the Indians, no gi'eater
advance shall be put upon the goods to be furnished them, than may in
the judgment of the said directors be sufficient to defray the necessary
expences of transacting, carrying on and managing the said trade, and
maintaining the said principal stock ; and if upon a final settlement of
the accounts of the said trade, at the expiration of this Act, there shall be
a surplus of profit, the same shall be paid by the said directors into the
hands of the treasurer of this Province, to be disposed of in such manner
and to such purposes as the General Assembly shall think fit.
IX. And be it further enacted by the authority aforesaid, That every
Factor to take factor appointed by virtue of this Act, before he takes upon him the office
an oath and and trust thereby required, shall take an oath before some justice of the
give bond. peace of this Province for the faithful discharge of his duty, according to
the true intent and meaning of this Act ; and shall also enter into and duly
execute an obligation, with sufficient sureties, to his Majesty and his suc-
cessors, in the penal sum of one thousand pounds proclamation money,
that he will well and truly discharge and execute his trust, and likewise
faithfully observe such orders, instructions and directions as shall be
sent to him from time to time by the said directors, fir a majority of
them, and that he will neither directly nor indirectly, buy, sell, barter,
exchange or trade with any Indian or Indians on his own account, or
on the account of any other person or persons whatsoever, nor suffer
any person or persons under his direction so to do, but for the account
of the Province only, except it be for necessary provisions ; and that he
will not knowingly employ any person or persons as assistants in trading
with the Cherokees or other Indians, but such as shall be well recom-
mended as honest, sober and prudent persons, and approved of by the
OF SOUTH CAROLINA. 171
said directors, or a majority of them ; and the factor or factors so to be A. 1). 1762.
employed in the trade as aforesaid, shall keep fair, just and regular accounts "-^^v"*'^^
of all his and their dealings relative to the said trade, and deliver fair trans- To render an
cripts thereof into the hands of the said directors, at least once a year, account,
and shall also settle and adjust the same yearly, or oftener if required,
with the said directors.
X. And be it further enacted by the authority aforesaid, That if any
such factor or factors, or clerk or assistant, or other person or persons penalty for
employed by him or them, shall presume to demand higher or greater extortion,
jjrices or rates from the Indians for any goods sold them, or exchanged
or bartered with them, than they shall be fixed at, or allow the said
Indians less for their skins and peltry than directed and instructed to do
by the directors aforesaid, every such factor, clerk, agent or assistant, or
person or persons employed as aforesaid, shall forfeit and pay the sum of
one hundred pounds proclamation money, and the salary that may be due
to them, for every such offence, one half thereof to be paid to the said
directors, to be disposed of by them in purchasing goods and carrying on
the said trade, and the other half thereof to such person or persons as shall
sue or prosecute for the same, to be recovered in the manner hereinafter
directed; and the oftender or delinquent sl/all thenceforth during the con-
tinuance of this Act, be altogether disabled from holding or exercising any
otfice within this Piovince.
XI. Afid he it further enacted by the authority aforesaid, That no per-
son or persons whatsoever, other than the said directors, their factors, '^o"?''"^ au-
clerks and assistants, nominated and appointed as aforesaid, from and after gons'to trade
the passing of this Act, shall presume on any pretence whatsoever, direct- with the
ly or indirectly, to sell, exchange or barter with any Cherokee Indian or ^"dians.
other Indian in or passing to or from the Cherokee nation, or the factory
aforesaid, any goods, wares or merchandizes, of what nature or kind soev-
er, provisions only excepted, under the penalty of one hundred pounds
proclamation money for every such offence, to be recovered and disposed
of in the manner and for the purposes hereinafter directed ; and if such
person so offending shall not be able to pay the said fine, then to be com-
mitted to the public goal during the space of twelve months, without bail
or mainprize ; any law or laws of this Pi'ovince to the contrary in any
wise notwithstanding.
XII. And be it further eyiacted by the authority aforesaid, That where
any factor shall be removed by the said directors from his office of factor. Factor resign-
or surrender up his said office, he shall immediately after such removal or j" ^ver'^up' the
surrender, deliver up to the said directors or to such person as they shall books and
appoint for that purpose, all the books, public accounts and papers belong- accounts.
ing to or concerning the trade aforesaid and the trust committed to his
care, whole and entire and undefaced, under the penalty of two hundred
pounds proclamation money, to be recovered in the manner and for the
uses hereinafter directed ; and where any factor shall die or lie removed
from his said office and trust, the executors or administratros of such fac-
tor shall in like manner deliver all the books and papers which shall come
to their hands, relating to the accounts and transacticms of the said trade,
to the directors aforesaid, or to their order, under the like penalty.
XIII. And be it further enacted by the authority aforesaid, That the
commanding officer of Fort Prince George for the time being, or any per- ^""'p^"'^^'' °^
son under his command or residing in the said fort, shall not in any wise
or on any pretence whatsoever, be concerned in trading with the Cherokee
Indians, or any other Indians, under the penalties inflicted by this Act on
others in the like cases offending ; and he is hereby enjoined and required
172 STATUTES AT LARGE
A. D. 1762. to give all maimer of assistance and pi'otection lo the factor or factois
^~-^''^^"'**-^ residing there, to carry on with effect the trade aforesaid, and by no means
to molest or interrupt him or them, or the Indians, in trading according
to the true intent and meaning of this Act.
XIV. And he it further enacted by the authority aforesaid, That no
No person to person or persons \vhatsoever shall presume to i)ring down any Cherokee
bring Indians Indian or Indians into the settlements, without directions for so doing from
settlement. ^^^ Governor or Commander-in-chief for the time being, under the penal-
ty of one hundred pounds proclamation money, to be recovered in any
court of record in this Province ; and if such person or persons so offend-
ing shall not be able to pay the said fine, then to be committed to the
public goal during the space of twelve months, without bail or mainprize.
XV. And be it fart Iter enacted by the authority aforesaid, That no
Factor to act as pgp^^^j^ shall be appointed a factor for the purposes aforesaid, but one who
lll*tlC6 01 tll6 . 1. L
peace. i^ "1 the commission of the peace ; and that such factor shall have power
and authority, upon view of any perso;i or persons transgressing this law,
or upon receiving information upon oath of any person or persons so doing,
to issue liis warrant to apprehend such person or persons, and him or them
to bind over with sufficient sureties, to appear at the next general sessions
to answer for the said offence ; and for want of such sureties, by warrant
to send and to commit such offender or offenders to the common goal in
Charlestown, there to remain until discharged by due course of law.
XVI. And be it further enacted by the authority aforesaid, That all
Disposal of the fines, penalties and forfeitures inflicted and imposed by this Act, not
fi'ies. particularly disposed of, nor the method of recovery directed, shall and
may be sued for and recovered in any court of record in this Province, by
action of debt, bill, plaint or information, wherein no essoign, privilege,
protection or wager of law shall be allowed or admitted, nor any more
than one imparlance ; one half of which fines, forfeitures and penalties to
be paid to the said directors of the said Indian trade, to be disposed of by
them in purchasing goods and carrying on the said trade, and the otiier
half theieof to such person and persons as will inform and sue for the
same.
XVII. And for the more effectual ])rosecution of any persons or per-
Defeiidants to sons who shall offend against this Act, Be it further enacted by the autho-
be held to y\iy aforesaid, That in every action or prosecution which shall be brought
specia . ^.^^_ ^^^^ recovery of any fine, penalty or forfeiture imposed and inflicted by
this Act, which action or prosecution is hereby directed to be brought
within twelve months after the offence committed, and at no time after, the
defendant or defendants shall be held to special bail ; and in case the in-
former or prosecutor shall obtain judgment, he shall recover his full costs
of suit ; any law, usage or custom to the contrary thereof in any wise not-
withstandini;-.
"XVIII. And he it enacted by the authority aforesaid. That no mem-
Who shall not ]^gj, ^^ j-^j^ Maiesty's Council or member of the Commons House of Assem-
be directors. , , ... , • ' , ■ i n i ^• c • i i
bly for the time being, shall be a director tor caiTying on the trade
aforesaid; and in case any of the directors before mentioned, shall happen
to die, refuse to act or depart this Province, then his Excellency the Gov-
acancies. ^^YnoY or Commander-in-chief for the time being, is hereby impowered
from time to time to appoint one or more fit person or persons in the room
of him so dying, refusing to act or departing this Province.
Directors to XIX. hid. be it further enacted, by the authority aforesaid. That Avhenever
give notice the said directors shall have occasion to purchase goods in this Province
when about f) f^^j. j|^g purposes aforesaid, they shall be obliged, and they are hereby en-
or hire wa-^ons. joined, to give five days public notice to all j)ersons having such goods to
OF SOUTH CAROLINA. 173
dispose of, to send in to such directors their proposals and prices; and in A. D. 1762.
Uke manner whenever the said directors shall have occasion to hire wagons ^-^^'"v-^^^
or horses to cai-ry such goods to Keovvee, they shall be obliged, and are
hereby enjoined, to give public notice to all persons having horses or wag-
ons to hire, to send in their proposals to the said directors for the carriage
of such goods, to the intent that the public may be furnished on the best
terms.
XX. And he it further enacted by the authority aforesaid. That in case
any person shall be molested, sued, prosecuted or impleaded, for any mat- be'pleaded"^^
ter or thing done by virtue of or in execution of this Act, it shall and may
be lawful for every such peison to plead the general issue and give this
Act and the special matter in evidence ; and in case the plaintiff or prose-
cutor shall become non-suited, suffer a discontinuance, or a verdict or judg-
ment shall pass against him or them, the defendant shall have double
costs of suit, for the recovery whereof, he shall have the like remedy as
where costs are given by law to othei; defendants.
XXI. And be k further enacted by the authority aforesaid, That this Act
shall be in force for three years from and after the passing thereof, and Lmntution
from thence to the end of the next session of the General Assemlily of
this Province, and no longer ; and that this Act shall be deemed a public A public Act.
Act, and all courts in this Province are to take notice of the same without
special pleading.
B. SMITH, Speaker.
In, the Cuimcil Cha7nher, the 29th daij of May, 1762.
Assented to: THOMAS BOONE.
AN ACT for establishing a ferry from the plantation of George Roupell, iVc. 921.
Esq., called Patterson's Point, on Port Royal Island, to the land now of
Joshua Morgan, on the Indian land, and for vesting the said ferry in the
said George Rouj^ell, his executors, administrators and assigns, for
the term of ten years ; and for establishing one other ferry from the
said land of Joshua Morgan to the said plantation of George Roupell,
Esquire, and for vesting the same in the said Joshua Morgan, his execu-
tors, administrators and assigns, for the like term.
(Passed May 29, 1762. See last volume.)
AN ACT TO REGULATE THE CoASTlNG TllADE OF THIS PROVINCE, AND No. 922.
FOR IMPOWERING THE GOVERNOR TO APPOINT OFFICERS FOR PREVENT-
ING FRAUDS AND ABUSES THEREIN, AND TO ASCERTAIN THE PLACES AND
TIME FOR SHIPPING AND DISCHARGING GoODS.
WHEREAS, notwithstanding several Acts of parliament have been
passed for secuiing and regulating the trade to and from the plantations, Preamble.
yet unlawful and indirect means are frequently made use of, not only to
elude the payment of such duties as ought to be paid to his most gracious
Majesty, and such as have been imposed by Acts of Assembly for the sup-
port of this Province, but also to supply his Majesty's enemies with pro-
vision, ammunition and stores of various kinds; we, his Majesty's loyal and
174 STATUTES AT LARGE
A. D. 1762. dutiful subjects, being desirous to show our abhorrance of, and to use our
^-^^'^^'-^^^ best endeavors to discourage such practices, so distructive to the fair trader,
so contrary to the general good of all his Majesty's subjects, and so repug-
nant to the spirit and intention of the said Acts of Parliament, pray your
most sacred Majesty that it maybe enacted,
1. A?id be it enacted, by his Excellency Thomas Boone, Esquire, Cap-
Owners of ves-tain General, Governor and Commander-in-chief of the Province of South
sels to give Carolina, by and with the advice and consent of his Majesty's Council and
bond. t-i-jg Commons House of Assembly, and by the authority of the same, That
the owner or owners of every coasting boat or vessel, capable of carrying
six tons, or some responsible person in his, her or their behalf, shall be
obliged, and he, she and they is and are hereby required, within one month
after passing this Act, to give bond, (which shall be renewed once in every
twelve months) in the penalty of one hundred pounds proclamation money,
to the public treasurer of this Province, or the treasurer of the port of
Beaufort Port Royal, or the treasurer of the port of Georgetown Winyaw,
for every such boat or vessel, the condition of which shall be, that his, her
or their respective boats or vessels, shall not depart this Province in order
to go to any port out of the same, without first clearing in the usual manner
at tiie proper and accustomed offices, at some port of entry within the
same, and that they shall not after clearing out as aforesaid take in at any
harbour, creek or river in this Province, any goods or provisions, in order
to be exported therefrom, and that they shall not return from any port or
place out of this Province to any place within the same, that is not a port
of entry, and that they shall not convey to be put on board, or taken in
from any ship or vessel at sea, or on the coasts of this Province, any goods
of any nature or kind whatsoever ; which bond the respective treasurers
shall take without fee or reward, the penalty of which, if forfeited, shall be
applied and disposed of, one half to his Majesty for the use of this Pro-
vince, and the other half to him or them that will inform and sue for the
same ; provided, that all suits or prosecutions for the recovery thereof,
shall be commenced within six months after the offence committed, and not
afterwards ; and in case any owner or owners of any such coasting boat or
vessel as aforesaid, shall neglect or refuse to give, or cause to be given,
such bond as aforesaid, by the times hereinbefore directed, he, she and
they respectively shall forfeit the sura of one hundred pounds proclama-
tion money, one half of which shall be to the use of his Majesty, to be
applied as the General Assembly shall appoint, and the other half thereof
to him who shall inform and sue for the same in any court of record in
this Province, by action, bill, plaint or information.
II. And he it also enacted by the authority aforesaid, That if any provi-
Penalty for gjo^, ammunition, goods or merchandize, shall be taken on board or
^iolating this ^^j^^^'^^g^j ijj aj^y coasting boat, or in any other boat or vessel whatever,
contrary to the true meaning of this Act, the same, together with the said
boat or vessel in which the same shall be so found, with all its furniture,
shall be forfeited and lost, unless a permit be first obtained for the purpose
from his Excellency the Governor, or the collector of his Majesty's cus-
toms, one half to his Majesty for the use aforesaid, and the other half to
him or them that shall inform, seize or sue for the same, and which shall
be recovered in manner aforesaid.
III. And for the better ascertaining and more fully making knowui what
Modeofves- ^re the Umits and extent of the said ports of entry, and in order that ships
sal's unlading. ^^^ ^^esseh bound to the said ports respectively, may come directly to their
place of unloading. It is hereby further enacted, That the only place and
time for shipping and discharging of all ships and vessels, goods and mer-
OF SOUTH CAROLINA. 175
chandizes, at the said several ports, shall be at and upon the open wharfs A. D. 1762.
of the said towns respectively, and between the hours of the sun's rising ^-^"v"*^^
and the sun's setting.
I V^. And whereas, ships and vessels may come into the said ports under
pretence of distress of weather, or in order to victual and water, but in ^*''}['^'' j*^^ '° ^**
reality with a view of committing the frauds aforesaid, Be it enacted by vessels,
the authority aforesaid. That ev^ury master or commander of any ship or
vessel (other than negi'o vessels, or such as ought to perform quarantine)
arriving in any of the said ports, and not coming up to the usual places of
discharging within twenty-four hours after their entering into the same,
unless apparently hindered by contrary winds or some other just impedi-
ment, shall receive on board one of the searchers or country waiters, upon
pain of forfeiting fifty pounds proclamation money, to be recovered and
applied as aforesaid ; and the said searchers and waiters, in their several
turns of duty, are hereby enjoined and required immediately after such
time as aforesaid is elapsed, to visit, and for such waiters to stay on boai-d
such ship or vessel till the master or commander shall have made his report
to the Governor, or collector of his Majesty's customs, and have given
bond not to unload or take on board any thing Avhatsoever but what he
shall have leave, in writing, from either of them, upon application made
for that purpose for so doing; and every officer going on board any such
ship or vessel shall, and is hereby entitled to, receive from the master or
commander thereof, the sum of forty shillings current money, for every
twenty-four hours he shall remain and continue on board.
V, And forasmuch as there are several rivers and inlets upon the coast
of this Province at a considerable distance from the ports of entry, where Smuggling,
no officers are appointed to make seizures if necessary, therefore, the pr^e\ited.
more easily and effectually to carry into execution the provisions of the
Acts of Assembly of this Province, by preventing or punishing such clan-
destine practices as aforesaid. Be it further enacted. That it shall and
may be lawful for his Excellency the Governor, or the Commander-in-
chief for the time being, by warrant under his hand and seal, to depute,
authorize and impower such and so many persons, and in such places as
he in his discretion shall think lit or expedient, to seize and secure any
ship, vessel or boat, goods, merchandize, provisions or ammunition, liable
by law to be seized ; which person or persons so appointed shall have the
same powers, and be entitled to the same privileges and advantages arising
from any seizure they shall make, as any other officer appointed for the
said several ports has or ought to have, and can or may claim ; and pro-
vided the owner or owners of such boat or vessel shall be privy to the
same, or if they do employ a slave to take charge of and navigate such
boat or vessel, and in case the said offence shall be committed by the
patroon or person having charge of such boat or vessel, being a white
man, without the knowledge of the owner or owners, the person so offen-
ding shall be hable to a penalty of one hundred pounds proclamation
money, and in failure of the payment thereof, to be committed to the
common goal for the space of twelve months, without bail or mainprize.
VI. And he it also enacted, That if any action or suit be brought against
any person or persons for any thing done in pursuance of and under the This Act and
authority of this Act, the same shall be commenced within six months i^Jul*^mayVe
after the fact committed, and not afterwards, and the defendant or defen- pleaded,
dants in such action or suit, may plead the general issue, and give this
Act and the special matter in evidence ; and if the plaintiff be non-suit, or
discontinue his action, or verdict shall pass for the defendant, and if upon
demurrer judgment be given against the plaintiff, the defendant shall have
and recover treble costs of suit.
176 STATUTES AT LARGE
A. D. 170-2. VII. And he it further enacted, That this Act shall continue and be in
force for two years from the passing of the same, and no longer.
B. SMITH, Sj)eaker.
In. the Council Chamber, the 2'dth day of May, 1762.
Asse7itedto: THO. BOONE.
No. 923. AN ACT impowering the Governor, or Commander-in-chief for
THE TIME IJEING, TO AUTHORIZE THE IMPRESSING OF HoRSES BY PER-
SONS CARRYING Expresses.
WHEREAS, in times of public danger, and upon other extraordinary
Preamble, occasions, it may be necessary to send expresses to different and even the
extreme parts of the Province, which may fail of the dispatch required
for want of a power to impress horses to forward the same ; and whereas,
there is no law in being to authorize the doing thereof;
I. Be it therefore enacted, by his Excellency Thomas Boone, Esq., Cap-
tain General, Governor and Commander-in-chief of the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the
authority of the same, That it shall and may be lawful for the Governor
issue warrams Or Commander-in-chief for the time being, to sign and issue any waiTant
for impressing or warrants, authorizing and impowering the person or pei'sons to whom
horses. ^j^^ same shall be directed to impress, as occasion may require, one or
more horses, for the more expeditious conveying any express he or they
shall be appointed to carry, so as in the doing thereof no door be broken
open, nor any horse be taken upon or with which any person shall be
actually riding and travelling the road, nor be taken from any person that
may be sent on any errand or that may be leading any horse on the road.
II. And to prevent any abuses from being committed therein, Be it
Directions to further enacted by the authority aforesaid. That the person making use of
be observed by gj^^]^ warrant shall be obliged to produce the same to the owner, overseer
impressing. or manager from whom any horse shall be impressed, and shall, in his or
their presence, and before he shall take away such horse, indorse upon the
said warrant a description of such horse, the day when, and the name of
the person from whom the same is taken, together with the value thereof,
to be ascertained by any indifferent person, and so as such valuation does
not intrinsically and bona fide exceed fifteen pounds proclamation money,
or the value thereof in the current money of this Province.
III. And he it also enacted, That the person impressing any horse by
Oath to be ^'^^ authority aforesaid, shall make oath before the Govenior or Command-
taken, er-in-chief for the time being, if thereunto required by him, when the
horse or horses so impressed was or were respectively returned to the
owner or owners thereof, at the place from whence the same was or were
taken ; and the Governor, or Commander-in-chief for the time being, shall
. deduct out of the sum agreed to be given to such express, the sum of three
to°t'he*owners! shillings proclamation money a day, for the hire or use of such horse or
horses respectively, and also the value of such horse or horses as shall be
either killed or lost ; which sum or sums shall, by order from the Govenior
or Commander-in-chief for the time being, be paid by the public treasurer
to such owner or owners respectively ; and if the sum agreed for shall
OF SOUTH CAROLINA. 177
not be sufficient to discharge the same, the person impressing the same A. D. 1762.
shall be liable to an action of the party on account thereof, if the same ^^■^■'"'^'^"^*-^
shall be killed or lost. Provided always, that any person carrying such
express, and taking upon himself to impress or make use of any horse in
other manner than is directed by this Act, without the consent of such
owner, overseer or manager, shall be subject and liable to a penalty of
four pounds proclamation money, to be recoverable by and paid to the pub-
lic treasurer, to be applied to the uses of this Province, agreeable to the
directions of the General Assembly, over and besides such damages as
may be recovered at law against him by the owner thereof.
IV. And he it further enacted by the authority aforesaid, That this Act . .
shall continue and be of force for and during the term of two years from vears.
the time of passing the same, and no longer.
B. SMITH, Speaker.
hi the Council Ghamher, the 29th day of May, 1762.
Assented to: THOS. BOONE.
AN ACT TO PREVENT STEALING OF HoRSES AND CaTTLE, AND FOR THE JSfo, 924,
MORE EFFECTUAL DISCOVERY AND PUNISHMENT OF SUCH PERSONS AS
SHALL UNLAWFULLY BRAND, MARK OR KILL THE SAME.
WHEREAS, the laws now in force in this Province are insufficient to
prevent the stealing of horses, and the stealing and unlawfully branding,
markinsf or killino^ of neat cattle, to the oreat detriment of the honest Preamble,
inhabitants of this Province ; for the prevention of which evils, and for the
more effectual discovery and punishment of such persons as shall be guilty
of the same, we humbly pray your most sacred Majesty that it may be
enacted,
I. And he it enacted, by his Excellency Thomas Boone, Esq., Captain
General, Governor and Commander-in-chief of the Province of South
Carolina, by and with the advice and consent of his Majesty's Council, and
the Commons House of Assembly of the said Province, and by the Horse stealing
authority of the same, That from and immediately after the passing this ™*^^ felony.
Act, all and every person and persons who shall be indicted and found
guilty of stealing any horse or horses, mare or mares, gelding or geldings,
colt or colts, filly or fillies, shall be adjudged and deemed felons, and shall
suffer as such, without the benefit of the clergy.
II. And he it further enacted. That the justices of the peace for the time
being, in the several counties in this Province, shall be, and are li^reby "?||g^^j^j^'
appointed, toll masters, in their respective counties, with full power and masters,
authority to exercise within their several counties all and every the powei's
given them by this Act.
III. And he it further enacted, That all persons bringing any horses,
mares, eeldin^s, colts or fillies from Georgia or the northern provinces, by Vouchers to be
• . . . ' *i nrociucGQ of
land, into this Province, for sale, shall bring a voucher, under the bi'oad horses brought
seal, county seal or town seal of the respective province, county or town from otlier
from which they are brought for sale, describing the notable flesh mark P''°^'"'^^^-
and brand thereof, upon pain of forfeiting the said horse to such person as
shall sue or inform for the same.
IV. And he it further enacted. That from and immediately after the
passing of this Act, all and every person and persons who shall be lawfully
VOL. IV.— 2.3.
178
STATUTES AT LARGE
A. I). 1762.
Penalty on
killing, mark-
ing or disfigu-
ring horses or
neat cattle.
Reward to per
f CDS informing,
No slave to
brand or mark
horses or cattle
Stray horses
and cattle to
be reported to
a toll master,
who shall ad-
vertise them.
If not claimed
by the owner
in six months,
to be sold at
public outcry.
Overseers to
give informa-
tion of estrays
convicted of wilfully killing, marking or disfiguring any horses or neat
cattle, shall be liable to a fine of twenty pounds proclamation money, for
any horse, mare, gelding, colt or filly, or neat cattle, so killed, branded,
marked or disfigured, and shall be kept close confined in the common goal
of Charlestown, until payment is made of the same ; and in case the per-
son or persons so offending shall not have sufficient effects to discharge the
said fine, he, she or they shall receive such corporal punishment, not
extending to life or limb, as to his Majesty's justices, before whom he or
she shall be convicted, shall seem meet.
V. And he it also enacted, That all and every person and persons
informing and giving evidence against any of the said offenders, whereby
he, she or they shall be convicted as aforesaid, shall be entitled to the sum
of twenty pounds proclamation money for every person so convicted, to be
paid by the public treasurer, upon a certificate of the justices before whom
such offender was convicted ; and if such informer or informers have been
guilty of the same offence, or accessary thereto, he, she or they are hereby
declared to be pardoned and absolutely acquitted for the same.
VI. And be it further enacted. That it shall not be lawful hereafter for
any slave to brand or mark any horses or neat cattle but in the presence
and by the directions of some white person, under the penalty of being
severely whipped, by order of any one or more of his Majesty's justices of
the peace, before whom such offence shall be proved, by the evidence of
any white person or slave.
VII. And. he it further enacted, That all and every person and persons
whatsoever, within this Province, into whose inclosed grounds, hands or
possession, to his or their knowledge, any horses, mares, geldings, colts,
fillies or neat cattle shall come, from and immediately after the passing of
this Act, and the ownier or owners of the same are unknown, shall,
within twenty days after such horses and neat cattle, if the same shall
so long continue to be in his, her or their possession, inform some toll
master thereof, together with the best description he, she or they can ob-
tain of the same, under the penalty of four pounds proclamation money
for every such neglect ; and upon every such information and description
as afiiresaid, the said toll master shall, under the penalty of forty shillings
proclamation money, publish the same, with all convenient speed, in one
or other of the newspapers, and at any place of divine worship in the parish
where the said toll master resides, to be there continued three weeks ; and if
the owner or owaiers shall appear and prove his or their property in
the same, to the satisfaction of the said toll master, he shall immediately
deliver or give an order for delivery of such horse, mare, gelding, colt or
filly, or neat cattle, to the said owner or owners, upon being paid the
charges of the advertiseinents, and four shillings proclamation money for
his further trouble, and also such charges and expenses as shall by the
said toll masters be thought reasonable, to be paid to the person infonning
him of the said horses or neat cattle, or either of them, to be levied by
warrant of distress, upon refusal ; and if no owner appears within the
term of six months, then and in such case it shall be lawful for the said
toll master to sell or cause to be sold the said horses or neat cattle, at
public outcry, to the best advantage, and the monies thereby arising, after
deduction of the lawful charges, shall be paid into the hands of the public
treasurer.
VIII. And he it further enacted. That managers and overseers of planta-
tions shall, within the time by this Act limited, give like information and
description of strayed horses and neat cattle, to the toll masters, as the
owners of such plantations are obliged to do, under the same penalties
for such neglect as is inflicted upon the owners of plantations.
OF SOUTH CAROLINA. 179
IX. And be it further enacted. That all penalties and forfeitures inflicted A.D.l76y.
and incurred by this Act, not exceeding four pounds proclamation money, "^•'^"-•^""'•^
shall be recovered in such manner as is directed by an additional Act to Penalties, how
an Act for the tryal of small and mean causes; and if above four pounds *'*^'^'''^*^°^®''®'^*
proclamation money, shall be recovered in any court of record in this
Province, wherein no essoign, protection, wager of law, or more than one
imparlance shall be allowed ; one half of such penalties to the use of such
person or persons who shall sue or inform for the same, and the other half
tobe paid into the hands of the public treasurer, for the uses hereinafter
mentioned.
X. And he it also enacted, That all fines inflicted by this Act, and the
moieties of the penalties and forfeitures not hereinbefore appropriated, Appropriation,
and the- sums arising from the sales of such horses or neat cattle as shall,
for non-claim, be sold by the toll masters as aforesaid, after deducting the
legal charges arising thereon, shall, from time to time, be paid into the
hands of the public treasurer of this Province, as a fund to discharge the
rewards promised by this Act ; and shall, from time to time, be paid by
him to such person or persons who shall be entitled thereto, upon convic-'
tion of any offender and certificate thereof by the justices aforesaid ; and
where the said fund shall prove insufficient for the purposes aforesaid, the
public treasurer for the time being is hereby impowered and required to
pay the said rewards out of such other funds as shall from time to time be
directed by the General Assembly.
XL And he it further enacted, That an Act of the General Assembly of ^ forme Aert
this Province, passed the seventeenth day of February, one thousand seven repealed,
hundred and four, entitled " An Act to prevent stealing of horses and neat
cattle," be, and it is hereby, repealed.
XII. And he it further enacted, Tliat this Act shall continue of force for . . .
the space of five years from the passing thereof, and no longer.
B. SMITH, Speaker.
In the Council Chamher, the 29th day of May, 1762.
Assented to: THOMAS BOONE.
AN ACT for raismg and granting to his Majesty the sum of one hundred ^(^- 925.
and sixty -two thousand one hundred and twenty pounds eleven shillings
and three pence half penny, and applying thirty-eight thousand two
hundred and twenty-six pounds fourteen shillings and seven pence,
being surplus of taxes and the balance of several funds in the public
treasury, making together two hundred thousand three hundred and
forty-seven pounds five shillings and ten pence halfpenny, to defray the
charges of this Government from the first day of January to the thirty-
first day of December, one thousand seven hundred and sixty-one, both
days inclusive, and for other services therein mentioned.
(Passed May 29, 1762. Omitted.)
STATUTES AT LARGE
No. 926. AN ACT for suppressing and preventing of private Lotteries.
WHEREAS, many persons liave presumed to set up lotteries, under
the denomination of sales of houses, lands, plate, jewels, goods, wares,
Preamble, merchandizes and other things, by chances, which practices are highly
prejudicial to the public, and to the trade of this Province, and tend to
defraud his Majesty's subjects, we therefore pray your most sacred Majesty
that it may be enacted,
I. A}id be if. enacted, by his Excellency Thoniias Boone, Esquire, Captain
General and Governor-in-chief in and over the Province of South C*drolina,
by and with the advice and consent of his Majesty's Council and the
Commons House of Assemlily of the said Province, and by the authority
of the same, Tliat all and every person and persons whatsoever, who, at
jElOOO fine for any time after the passing of this Act, shall publicly Or privately erect,
selling louery ggj; ^p^ qj- expose to be played, drawn or thrown at, or shall cause or pro-
tickets. ^^^^ ^^ ^^ erected, set up, exposed to be played, drawn or thrown at any
lottery, under the denomination of sales of houses, lands, plate, jewels,
goods, wares, merchandizes or other things whatsoever, or for money, or
by any undertaking whatsoever in the nature of a lottery, by way of
chances, either by dice, lots, cards, balls, numbers, figures or tickets, or
who shall deUver out or cause to be delivered out tickets, numbers and
figures to any person or persons advancing money, to entitle them to a
siiare of the money so advanced, or to any houses, lands, plate, jewels,
goods, wares or merchandizes, or otherwise, to be determined by any
lottery to be drawn out of this Province, or by the chances of the prizes
in any other lottery, or shall sell or dispose of or cause to be sold or dis-
posed of any tickets, numbers or receipts in any foreign or other lottery,
or who shall make, wTite, print or pubhsh, or cause to be made, written
or published, any scheme or proposal for any of the purposes aforesaid,
and shall be convicted of any of the offences aforesaid on any indictment
for the same, at the court of general sessions of the peace, oyer and ter-
miner, assize and general goal delivery, shall forfeit the sum of one thou-
sand pounds proclamation money, one third part thereof to his Majesty,
his heir and successors, to be applied by the General Assembly for the
use of this Province, one third part thereof to the informer, and the other
third part thereof to the poor of the parish where the offence shall be
committed; and shall also, for every such offence, be committed by the
said court to the common goal, there to remain, without bail or mainprize,
for the space of twelve months, and from thence until the said sum of one
thousand pounds proclamation money shall be fully paid and satisfied.
H. And he it further ejiact.ed hy the authority aforesaid. That all and
£100 fine for every person and persons who, after the passing of this Act, shall be ad-
adventm-'ing'^in venturer or adventurers in, or shall pay any moneys or other considera-
lotteries. ^\q^^ qj. ^\^^\ any way contribute unto, or upon account of any such sales
or lotteries, shall forfeit for every such offence the sum of one hundretf
pounds proclamation money, to be recovered, with costs of suit, by action
of debt or bill of indictment; in any of his Majesty's courts of record in
this Province, wherein no essoign, protection, wager of law, or any more
than one imparlance shall be allowed, one moiety thereof to his Majesty,
his heirs and successors, to be applied as aforesaid, and the other moiety
thereof to ihe person or yxnsons who shall inform and sue for the same.
OF SOUTH CAROLINA. 181
III. And be it further enacted by the authority aforesaid, That this A. I). 1764.
Act shall be deemed a public Act, and shall be taken notice of" without
pleading the same, by all judges, justices, magistrates and courts within
this Province.
BENJAMIN SMITH, Speaker.
In, the Comicil Chamber, the 13th day of September, 1762.
Assented to: THOS. BOONE.
AN ACT to impower certain Commissioners therein mentioned to No. 927.
keep clean and in good order and repair the Streets of Charlestown,
and for establishing other regulations in the said town.
(Passed August 10, 1764. See last volume.)
AN ACT for allowing an assistant to the Rector or Minister of St. No. 928.
Michael's Parish, Charlestown, for the time being ; for settling an
allowance or salary of two hundred pounds sterling per annum on the
said assistant, and for settling the same allowance on the assistant of
St. Philip's parish, fijr the time being, in lieu of the former salary of
fifty pounds sterling and subscriptions allowed such assistant ; for
allowing two hundred pounds currency per annum, for the repairs of
St. Michael's Church, and for enabling the Church-wardens and vestry
for the time being, of St. Michael's parish, to sell the old and to pur-
chase a new parsonage for the said parish of St. Michael's.
(Passed August 10, 1764. See last volume.)
AN ACT FOR ENABLING THE ChURCH-WARDENS AND VeSTRY OP St. No. 929.
Andrew's Parish, to dispose of the Pews in the Church of
THE said Parish.
WHEREAS, the church of St. Andrew's parish, which was lately des-
troyed by fire, is nearly rebuilt, and many persons have subscribed to the preamble,
expence of rebuilding the same, but the pews in the said church, when
completed, cannot be disposed of or titles for them made without the
authority of a law, we therefore humbly pray his most sacred Majesty
that it may be enacted,
I. And be it enacted, by the honoi-able William Bull, Esq., Lieutenant
Governor, by and with the advice and consent of his Majesty's Council and Church-war-
the Commons House of Assembly of the said Province, and by the p^^fg"^^ ^^^^
authority of the same, That the church-wardens and vestry of the said
parish, or a majority of them, shall and may, and they are hereby fully
authorized and impowered to dispose of and make titles in fee simple for
the said pews, to all and every person and persons who have contributed
to the expence of rebuilding the said church, according to the rates of the
sSid subscriptions, (that is to say,) that the persons who have contributed
most to the said expence, shall have, if they have not already had, the first
182
STATUTES AT LARGE
A. D. 1764. choice ef pews ; and where several persons shall have contributed equally
' thereto, they shall draw, if they have not already drawn, lots, for the
choice of the said pews.
RAWLINS LOWNDES, Speaker.
In the Council Chamber, the iOth day of August, 1764.
Assented to: WM. BULL.
No. 930. AN ACT for preventing as much as may be the spreading of the
Small Pox.
Preamble.
Persons
coming from
Georgia must
bring bill of
health.
WHEREAS, the disease or distemper commonly called the small pox
is now raging at Savannah, in Georgia, and hath from thence been brought
into a particular place, and may from thence be brought into and spread
in many other places in this Province, to the great danger and injury of
the inhaliitants thereof, unless some timely precaution shall be taken to
prevent the same, we therefore pray your most sacred Majesty that it may
be enacted,
I. And be it enacted, by the honorable WilHam Bull, Esq., Lieutenant
Governor and Commander-in-chief, by and with the advice and consent of
his Majesty's Council and the Commons House of Assembly of this Pro-
vince, now met in General Assembly, and by the authority of the same.
That from and after fourteen days from the passing of this Act, it shall
not be lawful for any person whosoever to come or be brought, either by
land or by water, from the said Province of Georgia, into any part of this
Province, without a certificate or bill of health from some magistrate in
the said Province of Georgia, nearest to the place where the person so
coming shall have for ten days before such coming resided, notifying or
certifying, that no person or persons at such place, or within one mile
thereof, for one month before, have had the small pox or any other conta-
gious disorder ; neither shall it be lawful for any such white person hay-
ing such certificate or bill of health, after he or she have amved in this
Province, to pass or go from the place or places in this Province at which
he or she shall first arrive, to any other place or places therein, except to
the house or place of residence of the next justice of the peace in this
Province, until he or she shall, before such magistrate, swear to the truth
of such bill of health or certificate, and procure from such magistrate a
certificate, under his hand, of having so done ; and in case any person shall
offend or do otherwise in the premises, or wilfully or knowingly permit
or suifer any slave belonging to such person, or cause or procure any slave
belonging to any other person, to offend, or to come from the said Province
of Georgia into this Province, without such certificate as aforesaid, signed
by one of his Majesty's justices of the peace in Georgia, and information
shall be made thereof before any magistrate in this Province, such magis-
trate shall immediately thereupon issue his warrant to apprehend and
bring such person before him or some other magistrate in the same county,
and such person shall, upon being so brought, be bound over with sufficient
sureties by recognizance to appear at, and on failure of giving such
security, be committed to the common goal in Charlestown, until the next
general sessions of the peace, oyer and terminer, &c., to be holden at
Charlestown, and moreover shall, upon being convicted of having offended
in the premises, either upon a bill of indictment or information to be
OF SOUTH CAROLINA. 183
presented against him or her at such general sessions, forfeit and pay the A. D. 1764.
sum of one hundred pounds proclamation money ; and on failure of pay- ^--^""v^^-^
ment theieof by the next adjournment day of the said sessions, have
sentence and judgment pronounced against him or her, to receive such
corporal punishment, not extending to life or limb, as the justices or chief
justice of the said court shall in their or his discretion think fit.
II. And be it further enacted by the authority aforesaid, That the seve- j jj^^j^j^fj^ij ^f
ral clauses and paragraphs of this Act hereinbefore contained, shall con- this Act.
tinue and be of force until the first day of February next, and no longer.
III. And whereas, it may be extremely expedient and necessary, as
well now as at all times hereafter, when the small pox shall or may be
brought into this Province, to enjoin the persons at whose houses or plan-
tations the same may be or be brought, and the persons having the care
and management of such houses, to take such proper steps and give such
notice to the other inhabitants in this Province as will best tend to prevent owners of
the spreading of the said disease. Be it therefore enacted, That where any houses to give
person or persons shall be infected with the said disease in any house or^^jj^^^^''®
upon any plantation in any part of this Province without the limits of exists.
Charlestown, every master, owner or other person having the care or
charge of such house or plantation, shall immediately, upon discovery of
such infection, fix, or cause to be publicly affixed, an advertisement, signi-
fying that the small pox is at such house or plantation, in the high-way or
public road nearest to such house or plantation, and the like advertisement
at the church or chappel, or other place of public worship or resort, in
the parish where such house or plantation lies ; and in case such master,
owner or other person having the care or charge of such house or planta- penalty for
tion as aforesaid, shall neglect or refuse to fix or cause to be affixed such neglect,
advertisement as hereby directed, each and every person so neglecting or
refusing, shall forfeit for every such offence one hundred pounds procla-
mation money.
IV. And be it further enacted by the authority aforesaid. That where
any person or persons shall be infected with the said disease, in any house Advertise-
within the limits of Charlestown, when such distemper shall not have been ments to be
publicly known to have been within the said limits within one month affixed at the
k n "^ ^ ^ ■ ^ 1 f.fetate House in
before, every master, owner or other person havmg the care or charge of charlestown.
such house, shall, immediately upon discovery of such infection, fix or
cause to be publicly affixed at the State House and public vendue house
in Charlestown, advertisements, signifying that the small pox is at such
house ; and in case such master, owner or other person having the care or
charge of such house as aforesaid, shall neglect or refuse to affix or cause negiecf. ^^
to be affixed such advertisements as are hereby directed, each and every
person so neglecting or refusing shall forfeit, for every such offence, one
hundred poimds proclamation money.
V. And be it enacted, That from and after the passing of this Act, it
shall not be lawful to or for any j^erson or persons whosoever within this
Province, without the leave of the Governor or Commander-in-chief for j^Qpuiate for
the time being, to be obtained with the approbation of the General As- small pox with-
sembly if sitting, if not, with the approbation of the Council, of which ""^ ^^^^'®' ^'^•
public notice by proclamation shall Hrst be given, to innoculcate or ingraft,
or to cause or procure to be innoculated or ingrafted, the said disease or
distemper commonly called the small pox, in or upon him, her or them-
selves, or in or upon any other person or persons whosoever, nor wilfully
and knowingly to inflict or cause to be inflicted the said disease or distem-
per, nor to use any art, device or contrivance, or cause or procure to be
used any art, device or contrivance whatsoever, or wilfully and knowingly
184 STATUTES AT LARGE
A. D. 1764. to do any act, matter or thing by which or by reason whei-eof the said
'^-^"^''^^'''^ disease or distemper of the small pox may be inflicted upon, given to or
received by him, her or themselves, or any other person or persons who-
soever within tlie Province aforesaid, or by which, or by reason whereof
the infection of the said disease may be spread or communicated to any
person or persons within this Province, under pain of forfeiting the sum
of one hundred pounds proclamation money for every such offence, to be
recovered and disposed of in the manner hereinafter directed and appoin-
ted : Provided nevertheless, that nothing herein contained shall extend
p . or be construed to extend, to hinder or prevent any person whosoever in
this Province, from innoculating for the said disease, after leave shall be
obtained as aforesaid, by any other person for the purpose aforesaid, and
until the Governor and Commander-in-chief for the time being shall, by
proclamation, with the advice of Council, forbid all persons in this Pro-
vince to cease from the practice of innoculation ; and in case any person
shall, after such proclamation made, act contrary thereto, every such per-
son shall, for every such offence, forfeit and pay the sum of one hundred
- pounds proclamation money, to be recovered and disposed of in manner
hereinafter directed.
VI. And be it further enacted by the authority aforesaid. That it shall
"^eace^o tak^'^^ ^"'^ ^^^ ^® lawful for any two or more of his Majesty's justices of the
measures for peace residing in any county in this Province, taking to their assistance
preventing the church- wardens of their respective parishes, and any one or more of
pox. j.|^^ constables residing therein, to take such prudent, necessary and rea-
sonable methods as they in their discretion shall think fit for preventing the
further spreading of the infection, or hindering infected persons being
brought within the limits of their respective parishes, the chai'ge whereof
shall be borne and defrayed by the public of this Province ; and in case
any person shall hinder, obstruct or prevent any of the said justices or
church-wardens from proceeding and acting as is hereby directed and
intended, every person so offending shall, for every such offence, forfeit
and pay a sum of one hundred pounds proclamation money.
VII. And he it further enacted by the authority aforesaid. That in case
ff" d^^™^"*^ °^ ^^^ *^^ ^^^^ offenders against this Act, for whom a corporal punishment
against this hath not been hereinbefore provided, shall not be able to pay the penalties
Act. on them respectively inflicted, all and every such offender and offenders
shall suffer three .months imprisonment in the common goal in Charles-
town, without bail or mainprize.
VIII. And be it further enacted by the authority aforesaid. That all
Penalties im- ^^^ singular the penalties and forfeitures imposed by this Act, shall be
posed by this sued for within the term of three months after the offence shall be com-
■^'^.'^' i^°7 ^^^' ^i'^t^^' ^^^ ^t ^o time after, and shall be disposed of in manner following,
(that is to say,) one half to his Majesty, for the use of the poor of the
parish where the offence shall be committed, and the other half to him or
them who will inform or sue for the same, by action of debt, bill,
plaint or information, in any court of record in this Province, wherein
no essoign, protection, privilege, injunction or wager of law shall be
allowed or admitted, nor any more than one imparlance, any law,
usage or custom to the contrary notwithstanding ; and all and every
person and persons who shall be sued or prosecuted for doing any
thing in execution of this Act, shall and may plead the general issue,
and give this Act and the special matter in evidence, and if the plain-
tiff or prosecutor shall become non-suit, suffer a discontinuance, or a
verdict or judgment shall pass against him, the defendant shall recover
his treble costs of suit.
OF SOUTH CAROLINA. 185
IX. And he it further enacted by the authority aforesaid, That the A. D. 1764.
six last clauses of this Act shall continue and be in force until the end of
three years from the jiassing of this Act.
RAWLINS LOWNDES, Speaker.
In the Council Chamher, the IQth day of Augttst, 1764.
Assented to: WM. BOONE,
AN ORDINANCE to appoint Mr. William Massey, Country Wait- No. 93L
ER FOR THE PoRT OF ChARLESTOWN.
WHEREAS, Mr. Thomas Ballatine, late Country Waiter for the said
Port of Charlestown, is dead, and it is necessary that some proper person
should be appointed to execute the said office ;
I. Be it therefore ordained, by the Honorable William Bull, Esquire,
Lieutenant Governor, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of this Province, and by
the authority of the same, That Mr. William Massey be, and he hereby
appointed and declared. Country Waiter for the Port of Charlestown
^foresaid, to all intents and purposes whatsoever.
RAWLINS LOWNDES, Speaker.
In the Council Chamher, the lOth day of Avgnst, 1764.
Assented to: WILLIAM BULL.
AN ACT FOR BUILDING A ChURCH ON THE NEW GlEBE LaND IN St. jVo. 932.
Paul's Parish ; and for finishing and keeping in repair the Road
LAID OUT from BeECH HiLL TO SlANN's 1sLA>D, AND FROM THENCE
TO Dawhoo River; and appointing Commissioners for the purpo-
ses AFORESAID.
WHEREAS, there was an Act passed in January, 1756, for building
a new church on the new giebe land in the parish of St. Paul, in Colleton
county, but the commissioners therein named (not being at that time able
to raise a sum sufficient for the purposes mentioned in the said bill,) caus-
ed the old chapel in the said parish to be placed on the said glebe land, as
and for a church, which from the concourse of inhabitants and others
resorting thereto, is become too small, confined and inconvenient, and is. Preamble,
moreover, in a very bad, dangerous and ruinous condition, and a new, spa-
cious and commodious church, to be erected and built on the said new
glebe land, is now absolutely necessary and wanting, for the religious and
devout service of God, and the performance of divine worship and other
ministerial duties ; and whereas, the church wardens, vestry and inhabi-
tants of the said parish of St. Paul, have by their petition to the General
Assembly of this Province, not only represented the several matters afore-
said, but also that it will be of great ease and advantage to the said parish
in particular, and to all the inhabitants of said Province, to have the road
VOL. IV.— 24.
1S6 STATUTES AT LARGE
A.l^.MM. already laid out from the south to the north boundary of the said parish,
^■'^''^^''''^^ ^by virtue of an Act passed in May, 1757, and hereinafter repealed,)
extended from Beech Hill road to Slann's Island, and from thence to
Dawhoo river, and have prayed relief in the several matters aforesaid ;
we therefore humbly pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief in and over his Majesty's Province of
South Carolina, by and with the advice and consent of his Majesty's
Council, and the Commons House of Assembly of the said Province, and
Churcli to be ^Y ^^^ authority of the same. That a church shall be built on or near the
built on new new glebe land in the said parish of St. Paul, which church, when finished,
glebe land. shall be, and is hereby declared to be, the parish church of St. Paul, to all
intents, constructions and purposes whatsoever ; any law, usage or custom
to the contrary theieof in any wise notwithstanding.
H. And be it enacted by the authority aforesaid. That Thomas Fer-
Commissioners guson, Robert Williams, Thomas Hartley, Charles Elliott, Samuel Elhott,
for building. Francis Yonge, Benjamin Singleton, Joseph Stanyarne, jun. and Robert
MacKewn, jun. be, and they are hereby appointed, commissioners for the
building of the said church and setting up pews in the same ; and they,
or any five of them, are hereby fully authorized and impowered to take
subscriptions and sue for the same, and to receive, gather and collect all
such sum and sums of money as any pious and well disposed person or
persons shall give and contribute for the purposes aforesaid ; and in case of
the death, alisence or refusing to act of any of the said commissioners, the
remaining commissioners, or any five of them, shall and may nominate and
appoint another person or persons to be commissioner or commissioners
in the room or place of such person or persons so dying, absenting or re-
fiising to act, as to the remaining commissioners or any five of them shall
seem meet ; and the person and persons so nominated and appointed, shall
have the same powers and authority for the putting this Act and every
matter and thing herein contained into execution, to all intents and pur-
poses as the commissioners herein named.
HI. And be it further enacted, by the authority aforesaid, That the
Church to be of said commissioners, or any five of them, with the monies to be collected
brick. ^y j.j^g contributions as aforesaid, shall have power, and they are hereby
authorized, impowered and required, as soon as conveniently may be, to
build the said church of brick, and to set up pews in the same, in such
manner as they shall think fit, which pews are hereby required to be made
as equal in space as may be, and shall be disposed of in the manner fol-
lowing, that is to say, the persons who shall haTe contributed most
Distribution of toward building the church, shall be entitled to and have the first
I'^'ws. choice of the pews in the same ; and in cases where it shall happen
that several persons have contributed alike, such persons shall draw lots
for the choice ; and the said commissioners, or any five of them, are here-
by impowered and required to convey the said pews to such persons, their
heirs and assigns forever, by an instrument in writing, under their hands,
to be drawn up and executed for that purpose ; any thing herein contained
to the contrary notwithstanding.
IV. And be it further enacted by the authority aforesaid. That the com-
Commipsioners mi^sioners hereinbefore named, or any five of them, shall have full power
to complete a and authority for finishing and completing the public road already laid out
^°^^' fi-om the south to the north boundary of the said parish, that is to say,
from Beech Hill to Slann's Island, and from thence to Dawhoo River,
which road so laid out shall be completed, and Avhen finished shall at all
times hereafter be kept in repair by the male inhabitants from sixteen to
OF SOUTH CAROLINA. 187
sixty years of age, living and residing within the said parish of St. Paul, A.D. I7i;4.
in such manner and under the same penalties, as other public roads of ^-^'"^'^""^^
this Province are completed and kept in repair by the commissioners for
public roads.
V. And whereas, many persons were defaulters by tlie said Act, pass-
ed in May, 1757, and hereby repealed as aforesaid, and did incur certain ^^^jg" f^g^
penalties imposed by the said Act which cannot now be recovered without former Act.
a law for that purpose, Be it t/ienfore also enacted, That the said commis-
sioners hereinbefore named, or any five of them, shall have the same
powers and authoritys for the recovery of the said penalties by the said
Act incurred, and hereinafter repealed, as the commissioners therein
named had, ought, might or could have had ; and the said last mention-
ed commissioners, or the survivors of them, are hereby authorized, direct-
ed, impowered and required to render to the commissioners named in
and by this Act, or any of them, a true and just account of all persons
defaulters under the said Act hereby repealed as aforesaid ; any law, usage
or custom to the contrary thereof in any wise notwithstanding.
VI. And be it further enacted by the" authority aforesaid. That the
said Act of the General Assembly, passed the "twenty-seventh day of Acts repealed.
January, 1756, and the said Act passed the twenty-first day of May, 1757,
as aforesaid, so far as relates to the road aforesaid, be, and the same
and every clause, article and thing therein contained, is hereby repealed,
annulled and made void to all intents and pui-poses whatsoever.
RAWLINS LOWNDES. Speaker,
In the Council Chamber, the 'z5th day of August, 1764.
Assented to: WM. BULL.
AN ACT FOR LAYING AN ADDITIONAL DU TV L'PON ALL N:.GKOES Hl'RPUF- No. 933.
TKR TO BE IMPORTED INTO THIS PkOVIXCE, FOR THE TIMK THERELV
M'-NT(0N1:D, TO BE PAID BY THE FIRST PURCHASERS OP f^UCH NeGROES.
WHEREAS, an importation of negroes, equal in number to what
have been imported of late years, may prove of the most dangerous Preamble,
consequence in many respects to this Province, and the best way to
obviate such danger, will be by imposing such an additional duty upon
them as may totally prevent the evils ; we therefore humbly pray his
most sacred Majesty that it may it may be enacted,
I. And be it enacted^ by the Honourable William Bull, Esquire, Lieu-
tenant Governor and Commander-in-chief, in and over the Province ot^
South Carolina, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of the said Province, and Additional
by the authority of the same. That from and immediately after the first duty on
day of January, which will be in the year of our Lord one thousand seven "'^^'°'^^'
hundred and sixty-six, there shall be imposed on and paid by every inhabi-
tant of this Province and other person first purchasing, or if not sold,
every person importing for his, her or their own use, any negro or other
slave hereafter to be imported or brought into this Province, either by land
or water, an additional tax or sum of one hundred pounds current money;
provided, that nothing herein contained shall extend, or be construed to
extend, to any person who shall come from any of his Majesty's plantations
188
STATUTES AT LARGE
A. D. 1764.
Duty to be
paid to
the public
treasurer.
Duties to be
disposed o!' bj'
the Assembly.
General issue
may be plead-
ed.
Limitation
three years.
or colonies in America with their slaves, actvxally to reside in this Province ;
and provided nevertheless, that no person so coming in and actually resid-
ing in this Province as aforesaid, shall be allowed to sell all or any such
slaves, within twelve months after such comingr in or residing as aforesaid,
without payment of the said duty.
II. And be it enacted by the authority aforesaid, That the said tax or
duty shall be secured, levied, collected and paid to the public treasurer,
by the same persons, in the same manner, and under the same penalties
and restrictions, as the tax or duty laid upon the first purchasers of
negroes and other slaves by an Act of the General Assembly of this
Province, passed the fourteenth day of June, in the year of our Lord
one thousand seven hundred and fifty-one, commonly called the general
duty Act, is secured, levied, collected and paid.
III.- And be it further enacted by the authority aforesaid, That all and
every sum and sums of money, to be collected by virtue of this Act,
shall be disposed of and applied as the General Assembly shall see fit.
IV. And be it farther enacted by the authority aforesaid, That all and
every person and persons who sliall be sued or prosecuted for doing any
thing in the execution of this Act, shall "and may plead the general issue,
and give this Act and the special matter in evidence ; and if any plaintiff
or prosecutor shall become non-suit, suffer a discontinuance, or a verdict
shall pass against him, the defendant shall recover his treble costs.
V. And be it further enacted by the authority aforesaid. That this Act
and every thing herein contained, shall continue and be of force from
the said first day of Jainiary, in the year of our Lord one thousand
seven hundred and sixty-six, for and during the term of three years,
and no longer.
RAWLINS LOWNDES, Speaker.
hi the Council Chamber, the 25t.h day of August, 1764.
Assented to: WM. BULL.
No. 934. AN ORDINANCE to repeal part of an Act entitled " An Act to
regulate the Trade with the Cherokee Indians, by taking the same into the
handi of the Public of this Proviiice,'' and to impower the Commis-
sioners TO SELL AND DISPOSE OF SUCH GoODS AS ARE IN THEIR
HANDS BY VIRTUE OF THE SAID AcT.
WHEREAS, an Act of the General Assembly, passed the twenty-ninth
day of May, one thousand seven hundred and sixty-two, entitled " An Act
Preamble, to regulate the trade with the Cherokee Indians, by taking the same into
the hands of the public of this Province," hath, since his Majesty's royal
proclamation, permitting and allowing private traders to go among them,
been found not to answer the good purposes thereby intended ; we there-
fore pray your most sacred Majesty that it may be ordained,
I. And be it ordained, by the honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief, by and with the advice and consent of
^7*^0°^ ^^^^ j^' his Maiesty's Council, and the Commons House of Assembly of the said
176'J, repelead. ^ . •' -^ -, ■, ^ , . ^ ■, rm , " c ^ ■ ^
Province, and by the authority of the same, 1 hat such part or the said
Act entitled " An Act to i-egulate the trade with the Cherokee Indians, by
taking the same into the hands of the public of this Province," as relates
OF SOUTH CAROLINA. 1S9
to the appointment of directors, and their carrying on a jjublic trade with ^- ^- l"C4.
the Indians, shall from henceforth be, and the same is hereby, discontinued, ^--^"'^^"^'^-^
annulled and repealed, to all intents and purposes whatsoever.
II. Andhe it further ordained, That Thomas Lamboll, Thomas Shu-
brick, Gabriel Manicrault, John Savaoe and Thomas Smith, Esquires, the ^°'";"'^?'°"'^'"^
~ '-^ *■ to SGH nil ""OOQS
directors appointed in and by the said Act, or any two or more of them, remaining'' in
shall, and they are hereby j-equired, as soon as conveniently they can, from ''leii- hands,
the passing of this ordinance, to sell or cause to be sold all the goods,
wares and commodities in their hands by virtue of the said Act, in such
manner as they or any two of them as aforeseid shall judge to be for the
most advantage to the public, and make up and settle their accounts with
the public treasurer of this Province, and shall pay to him the balance (if
any there be) of any monies that shall remain in their hands, after deduct-
ing all charges and expenses which have been incurred in carrying the
said Act into execution.
RAWLINS LOWNDES, Speaker.
In the Council Chmnher, the dth day of October, 1764.
Assented to: WM. BULL.
AN ACT FOR RAISir^G AND QUANTING TO HfS MaJP.STY THE SUM OF TWO jy^ 935^
HUNDRED AND TWENTY THOUSAND THREE HUNDRED AND SEVEN POUNDS
SEVEN SHILLINGS AND THREE PENCE, AND APPLYING THIRTY-FOUR
THOUSAND SIX HUNDRED AND TWENTY-FOUR POUNDS THIRTEEN SHIL-
LINGS AND SEVEN PENCE, BEING THE BALANCE OF SEVERAL FUNDS IN
THE PUBLIC TREASURY, MAKING TOGETHER TWO HUNDRED AND FIFTY-
FOUR THOUSAND NINE HUNDRED AND THIRTY-TWO POUNDS AND TEN PENCE,
TO DEFRAY THE CHARGES OF THIS GOVERNMENT FROM THE FIRST DAY
OF January, 1762, to the 31st day of December, 1763, both days
INCLUSIVE, AND FOR OTHER SERVICES THEREIN MENTIONED.
WHEREAS, by a schedule made of the charges of this Govern-
ment for the years one thousand seven hundred and sixty-two, and
one thousand seven hundred and sixty-three, and for other services
in the said schedule mentioned, it appears that the sum of two hun- ''^^™ "*
dred and fifty-four thousand nine hundred and thirty-two pounds and ten
pence, will be wanting for those pui-poses, for defraying whereof, we, his
Majesty's most dutiful and loyal subjects the Commons House of Assembly
of this Province, have cheerfully given and granted, and do hereby give
and grant unto his most sacred Majesty the said sum of two hundred and
fifty-four thousand nine hundred and thirty-two pounds and ten pence, to
be raised, levied and applied in the manner and to the uses, intents and
purposes in this Act hereafter specified, limited and appointed, and to
and for no other use, intent or purpose whatsoever ; we therefore humbly
pray his most sacred Majesty that it may be enacted,
I. And, he it enacted, by the Honorable William Bull, Esq., Lieutenant r ^oon
Governor and Commander-in-chief of the Province of South Carolina, by 307 7s. 3dr"to'
and with the advice and consent of his Majesty's Council, and the Com- be levied,
mons House of Assembly of the said Province, now met in General
Assembly, and by the authority of the same. That a tax or sum of two
hundred and twenty thousand three hundred and seven pounds seven shil-
190
STATUTES AT LARGE
A. D. 1764.
Rate of taxa-
tion.
Lands of new
settlers ex-
empted.
Taxables to
render an ac-
count of their
property, on
oath.
lings and three pence, current money of South Carolina, be imposed and
levied on the several inhabitants and others interested in this Province,
which, with the sum of thirty-four thousand six hundred and thirty-four
pounds thirteen shillings and seven pence, being the balance of several
funds in the public treasury, shall be applied to the use of his Majesty, for'
the support of this Government, in manner as is hereinafter mentioned.
II. And for the more certain and effectual levying of the said sum of
two hundred and twenty thousand tliree hundred and seven pounds seven
shillings and three pence, It is lierehij enacted and declared. That the sum
of forty shillings current money per head shall be levied on all negroes
and other slaves whatsoc* er, within the limits of this Province ; and the
sum of forty shillings per hundred acres on all lands throughout the said
Province, town lots excepted; and the sum of twenty shillings per centum
on the value of every such town lot, wharf and buildings, ai:d other lands,
within the limits of any town, village or borough, in this Province ; the
bounds of Charlestown to extend as far as the new fortifications from Ash-
ley river to Cooper river ; and the sum of twenty shillings on every hun-
dred pounds owing to any person on bond or other specially or note of
hand bearing or including interest, over and above wliat they pay interest
for ; and at the I'ate of four pounds per centum on all monies arising from
annuities ; and the sum of forty shillings per head on all free negroes,
mulattoes and mestizoes, from ten to sixty years of age, who pay no other
part of the taxes imposed by this Act ; and the sum of twenty shillings
per centum on every person's stock in trade, (that is to say) wares, mer-
chandizes and book debts of persons in trade, shopkeepers and others ;
and the like sum of twenty shillings per centum on the profits of all facul-
ties, professions, (the clergy excepted,) factorage and handicraft trades,
throughout this Province ; to be ascertained and rated by the several and
respective assessors and collectors hereafter named, according to the best
of their knowledge and information : Provided, that nothing herein con-
tained shall be extended to oblige the new settlers in any part of this Pro-
vince to the payment of any part of the said tax for their lands gi'anted to
them of his Majesty's bounty, who shall make oath before the collector of
the tax in the respective parish where such new settler resides, that he
settled himself in this Province upon the encouragement given by this
Government, and hath not resided ten years in this Province ; but such
new settlers shall pay tax for their slaves and monies at interest, as other
inhabitants do.
III. And he it also enacted by the authority aforesaid, That all per-
sons whosoever, living out of the limits of the parishes of St. Philip and
St. Michael, who are possesse'd of any lands, slaves or moneys, for which
they receive interest in this Province, (lands whereon any churches or other
buildings for divine worship, or for free schools, are erected or built, and all
slaves appurtenant to or going with such churches or lands, and all moneys
appropriated for charitable uses, always excepted,) either in their own right
or in the right of any other person, or are liable to pay any tax by virtue
of this Act, shall, on or before the first Tuesday in January next ensuing,
render a particular account thereof in writing, upon oath or affirmation,
and in what parish the said lands and slaves are, to the best of his or her
knowledge, to the inquirers and collectors of the several parishes and
places respectively where the person who is to render such account does
live and reside, at such time and place as the said inquirers and collectors,
or any of them, shall direct and appoint for the doing tJiereof, so that the
same be done on or before the first Tuesday in January next ; which oath
or affirmation shall be in the words following, viz : " I, A B, do swear or
OF SOUTH CAROLINA. 191
affirm, (as the case shall be) that the account which I now give in is a just A.1).17G4.
and true account of all the lands and slaves, moneys I have upon bond or ^--^"^^"^-^
other specialty, or note bearing or including interest, (which I believe to Form of the
be good,) over and above what I pay interest for, and annuities which I o^th.
am possessed of, interested in or entitled unto, either in my own right or
in the right of any other person or persons whosoever, as guardian, execu-
tor, attorney, agent or trustee, or in any other manner whatever, according
to the best of my knowledge or belief ; and this I declare without any
equivocation or mental reservation whatsoever : So help me God." Which
oath or affirmation the several inquirers and collectors appointed by this
Act are hereby fully authorized, enjoined and required to administer.
IV. Ami he it also enacted by the authority aforesaid. That all and every
person and persons whosoever shall be obliged to make return of his or Executions to
her lands, slaves or moneys at interest, in the country, over and above pe"go,1f n"t^*
what he or she pays interest for, and of his or her annuities, to the niquirers paying their
and collectors for the parish or district respectively where such person 'axes,
lives or resides, and pay the taxes thereon to the said inquirers and col-
Idctors. And the inquirers and collectors of all and every the parishes
and districts in this Province respectively shall be, and they are hereby,
authorized, impowered and required to issue executions against all and
every person or persons in their respective districts who have not paid
their just proprortion of the preceding tax.
V. And whereas, there are divers tracts of lands, slaves, and monies at
interest, in this Province, held, owned or claimed by persons not resident
here, who pay no taxes or other charge towards the support of the Gov-
ernment of this Province, Beit therefore enacted by the authority aforesaid.
That all attornies and trustees of or for any person or persons living with- ^"g^^s'^o^f ab-
out the limits of this Province, shall make due and true return to the re- sent persons
spective inquirers and collectors for the parish or district where such ownmg lands
T -1 f>miji J • ^- ^ in the province,
attorney or trustee lives or resides, of all lands, slaves and monies at inte- ,o pay the tax
rest, belonging to such absent persons for whom they are attornies or trus- on the same,
tees ; and that such attornies or trustees shall be subject and liable to pay
the tax to become due by virtue of this Act for such land, slaves or monies
at interest, out of his and their own proper 'estate, notwithstanding such
attorney or trustee may renounce or disclaim acting as such before the said
tax is levied, unless such attorney shall make oath before the said collector
respectively that he hath bona fide renounced his power and attorneyship,
before the payment of the said tax becomes due, without having done it
only with an intention to avoid the payment of the said tax. Provided Proviso,
always, that if such attorney shall, within one year next after such oath
made, again become attorney or trustee for such absent person, or act as
such, every such attorney shall be liable to pay the said tax, as is herein-
before directed, any thing herein to the contrary notwithstanding ; and for
levying whereof the same remedies shall be and are hereby given for
levying the tax to become due by virtue of this Act on the proper estate
of such attorney or tiustee. And the inquirers and collectors of the sev-
eral parishes respectively where any lands lie which are held or owned by collectors may
any person or persons not resident in this Province, or the public treasurer lease such land
for the time being, shall be, and they and he is hereby, authorized and im- ^g^^^^jlp'^^ '"""
powered, directed and required, to sell and dispose of any timber, light-
wood or other wood thereon standing, growing or being, to the amount or
value of the tax such lands are liable to pay by virtue of this Act ; or,
after six months public notice given in the G azette for that purpose, to let
to farm all or any part or parcel of such lands, without impeachment of
waste, to any person or pei'sons whosoever, for any term or time not
192
STATUTES AT LARGE
A.U.17GJ.
Lands of ab-
sent owners for
which taxes
are not paid in
two years after
notice ^iveii,
declared forfeit.
Inquirers and
collectora
appointed.
exceeding twenty-one years, till the rents arising thereby shall be sufficient
to pay the said tax and the taxes to be imjaosed on such lands during the
said term, at the election of such inquirers or collectors or the public trea-
surer, unless any person shall tender and pay the tax money for such lands
before such leases shall be made ; and all and every such sale of such timber,
lightwood or other wood, and leases of such lands as aforesaid, shall be, and
they are hereby declared, good and valid, to all intents and purposes
whatsoever, any law, statute, usage or custom to the contrary in any wise
notwithstanding,
VI. And be it also enacted by the authority aforesaid, That in case any
tract or tracts of lands shall be found by the inquirers or collectors to be-
long to any person or persons living or residing out of the limits of this
Province, and who have no attorney or attornies, trustee or trustees, legally
constituted, in this Province, then and in such case the inquirers, assessors
or collectors shall be and they are hereby authorized and required to charge
the said land rateably and proportionably, according to the quantity of
acres, and as if the same were in the actual possession of some person or
persons living or residing within this Province, and forthwith to publish
aiid give notice of such their charge and assessment in the Gazette ; and in
case the sum or sums of money with which such lands shall be so charged
as aforesaid, and the lawful interest thereof, from time to time, of the
assessment made, shall not be paid to the inquirers, assessors or collectors,
or to the public treasurer or rec^eiver of this Province, within two years
next after notice shall be given as aforesaid, that then such lands shall be
forfeited to his Majesty, and shall be deemed and taken as vacant lands ;
any law, statute, usage or custom to the contrary thereof in any wise not-
witlistanding.
VII. And he if enacted by the authority aforesaid. That the several
persons hereafter named shall be inquirers and collectors for the several
parishes and districts hereinafter mentioned respectively, viz. for the
parish of Christ Church, John Boone and Elias Wigfall ; for the parish
of St. James Goose Creek, John Channing, Henry Smith and Charles
Faucheraud ; and for that part of St. James Goose Creek near Amelia
Township, Robert Witten ; for the parish of St. Johns, in Berkley county,
Peter Broughton, Daniel Ravenel, Jr. and William Floud ; for the parish
of St. George Dorchester, Samuel Hamlin, Archibald McNeil and John
Waring; for the parish of St. Thomas and St. Dennis, John Dutarque,
Jr., George Smith and Lewis Bochett ; for the parish of St. Andrew,
James Island excepted, Whitmarsh Fuller and Isaac Ladson ; for that
part of the said parish called James Island, Charles Odinsale ; for the
parish of St. John, Colleton county, viz. for John's Island, Anthony Math-
ews and Abraham Waight ; for Wadmelaw Island, John Sams ; for Edisto
Island, Benjamin Seabrook ; for the parish of St. Paul, viz. for Stono and
the east side of Pon-pon, Thomas Heartley, Morton Wilkinson and An-
drew Maybank ; and for Beach Hill, in the said parish, Josiah Perry ;
for the parish of St. Bartholomew, Adam Culliatt and Isaac Newton ; for
the upper district of St. Bartholomew, to wit, the north- and west of Black
Creek and the main waters of the Great Swamp, directly across to Pon-
pon River, George Rents and William Hunter ; for Combee and Chehaw,
in the said parish, John Hunt and William Bellenger ; for the parish of
St. James Santee, Edward Jermain and Paul Douxsaint ; for the parish
of St. Stephen, Joseph Palmer and James St. Clair ; for the parish of
Prince Georoe Winyaw, Elias Foissine, .Jr. and John Smith ; and for the
Welsh Tract^ James Sample ; for the ]5arish of Prince Frederick, Wil-
liam Hughes, Robert Weaver, Andrew Burnett and Samuel Cleg ; for the
OF SOUTH CAROLINA. . l'j;i
parish of St. Mark, Major Matthew Nelson, John Caiitey, Jr., Claudius A.l). 17«4.
Pegues, Eli Kershaw, John Belton ; for the parish of St. Helena, Port ^--^'V''^.-^
Royal, William Harvey, Willliam Hazzard and David McKee ; for the
parish of St. Peter, Purrysburgh, John Walbougher and Archibald Bul-
lock ; for the parish of Prince William, David Toomer and Thomas Rut-
ledge ; for the town and township of New Windsor, upon Savannah River,
Stephen's Creek and parts adjacent, George Galphin ; for the township
of Amelia and adjacent places. Major Wm. Thompson ; and for Orange-
burg, with the forks of Edisto River and the adjacent places, Gaven
Pow ; for the township of Saxe-Gotha and the forks between the Con-
garee and Wateree Rivers and adjacent places, Robert Goodin and Andrew
Allison ; and for the forks of Broad and Saluda Rivers, Zachaiiah Isbell
and George Cogdall ; and for the north side of Broad River and forks of
Little River, William Turner.
VIH. And he it also enacted by the authoi'ity aforesaid. That Thomas
Savage, Thomas Stone, jun. and Joseph Dill, be, and they are hereby '^^®|®^p"'*^*'•
appointed inquirers for the parish of St. Philip and St. Michael, and that &, st.' Michael.
William Guerin, Robert Smyth, W^illiam Parker, Paul Towaisend and
Samuel Cardy, be, and they are hereby appointed assessors and collec-
tors for the said parishes of St. Philip and St. Michael.
IX. And be it also enacted by the authority aforesaid. That all persons
•whosoever living without the limits of the parishes of St. Philip and ^tat? ^c"^^^^
St. Michael, who are possessed of any lands, slaves, monies at interest, or
annuities in this Province, in their own right or in the right of others, or
are any ways liable to pay tax by virtue of this Act, shall pay in their tax-
es to the several persons hereby appointed to receive the same, on or before
the first Tuesday in April next ensuing ; and the collectors shall give a
receipt, if required, to the person paying the same, such person writing
such receipt ; and the said inquirers, assessors and collectors for the seve-
ral parishes respectively, within this Province, shall close their accounts
and shall deliver the same on oath to the public treasurer for the time being,
(who is hereby impowered and required to administer such oath,) and pay
him all such monies as shall be by them respectively received, after retain-
ing two pounds per centum for all such monies paid by the country collec-
tors, and one pound per centum for all monies paid by the collectors of
Charlestown into the hands of the public treasurer, in pursuance of this Act, when to be
on or before the first Tuesday in May next ensuing ; and the inquirers, paid,
assessors and collectors of each parish or district, shall make their return
of such district respectively, to the said treasurer, at one and the same
time ; and the said inquirers and collectors for each parish or district with-
out the limits of St. Philip and St. Michael, shall give an account in writing,
upon oath as aforesaid, of their own lands, slaves, monies at interest and
annuities, after the manner aforesaid, to the said treasurer, and pay him the
taxes thereon, according to the rates by this Act appointed.
X. And be it also enacted by the authority aforesaid. That if any
person or persons, in giving in or rendering his or her account of mo- Penalty for
nies at interest, annuities, lands or slaves, shall wilfully conceal any part '^°"*^*^*''"®"^*
thereof, all such persons shall forfeit five times the value of the tax for
what they so conceal.
XI. And he it also enacted by the authority aforesaid. That any person
neglecting or refusing to give in his or her account of monies at interest. When deemed
annuities, lands or slaves to the inquirers, assessors and collectors afore- ^ defaulter,
said respectively, at such time and place as they shall appoint, or by the
last Tuesday in January next at farthest, he or she shall be deemed a de-
VOL. IV.— 25.
l'J4
STATUTES AT LARGE
A. D. 1764.
Inquirers to
give previous
notice of their
intention to call
on the inhabi-
tants to make
returns.
Proviso.
Persons over-
rated may
ewear off tlie
overplus.
Oath to be ad-
ministered by
assessors
and collectors
to the inquirers,
faulter, and shall be by the inquirers and collectors doubly taxed for all his
or her money at interest, annuities, lands and slaves.
XII. And be it enacted by the authority aforesaid, That the inquirers
for the parishes of St. Philip and St. Michael, are hereby ordered and di-
rected, to go once to the several houses of the inhabitants of the said
parishes, of which they shall give previous notice in the Gazette three
weeks before they go to the said houses, and to inquire into and take an
account of all the real estates, and particularly in wha.t parts of the said
town the several lots of land are situate, and of the slaves, annuities
and money at interest of the said inhabitants, which they shall be possess-
ed of, interested in or intitled unto in their own right, or in the right of
any other person whatsoever, lying or being in the said parishes ; and of
all the lands and slaves which the said inhabitants are possessed of in their
own right, or in the right of any other person without the limits of the said
parishes, or in any other part of the Province ; and the account of the real
estates, slaves, money at interest, and annuities of the said inhabitants
shall be returned to the said inquirers upon oath, in the manner hei'ein
before directed ; and the said inquirers shall make and finish their inquiry
and return the same to the assessors hereby appointed for the said parish-
es, on or before the first Tuesday in February next ; and the said inqui-
rers shall likewise extract and certify to the said assessors, all the lands
and slaves given in to them by the owners and inhabitants of the said
parishes without the limits of the said parishes of St. Philip and St.
Michael, and also the annuities and monies at interest Avhich shall
be returned to them by any inhabitants of the said parishes in trust,
for persons living in the country ; and all lands and slaves without
the limits of the said parishes of St. Philip and St. Michael, annuities and
money at interest, returned in trust for persons living in the country, shall
be reckoned as part of the country tax ; provided always, that nothing
herein contained shall extend, or be construed to extend, to give the said
assessors any power or authority to rate or assess any goods, wares or mer-
chandizes consigned immediately to any merchants or factors in this Pro-
vince, to dispose of as factors only, or any lands, houses or money set apart
for pious or charitable uses.
XIII. And, be if also enacted by the authority aforesaid. That every per-
son who shall have reason to believe he or she is over-rated, or whose
attorney or attorneys, have reason to believe he or she is over-rated for the
profits of his or her handicraft, trade, employment, factorage, faculty or
profession, or for his or her stock or houses and lands, by such assessors,
shall have ten days public notice given by the assessors or collectors at
the guard house in Charlestown, and at any other public place in the coun-
try for that purpose, to swear off so much as he, she or they, or his or their
attorney or attorneys, shall think they aie over-rated, before the said asses-
sors or collectors as aforesaid ; and the said assessors or collectors, or any
one of them, are hereby impowered to administer such oath and to allow
an abatement accordingly.
XIV. And be it also enacted by the authority aforesaid. That the asses-
sors and collectors for CharlestowTi, upon receiving the return from the
inquirers, shall administer to them the following oath, viz : " You, A. B.,
C. D. and E. F., do swear that the account you now give in is a just and
true account of all the real estates, slaves, annuities and monies at interest
of the several inhabitants of the parishes of St. Philip and St. Michael ;
and also of all the real estates, slaves, annuities, monies at interest, return-
ed to you by the said inhabitants which are belonging to persons not resi-
OF SOUTH CAROLINA. 195
dent in either of the said parishes, according to the best of vour knowledge • -■^- r>- l~C4.
Sohelp,y,ouGod." ' ' v^-v^w^
XV. And he it also enacted by the authority aforesaid, That the said
inquirers shall at the same time render an account in writing upon oath as Inquirers to re-
afoiesaid, to the said assessors and collectors, of their own j'eal estates and '"•"" '*'^''' °^"
slaves, annuities, and monies at interest in this Province ; and any three of oat^"'"^^"^ °"
the said assessors and collectors shall be a quorum, and shall meet at the
State House in Charlestown the first Tuesday in February next, and
there continue to sit until they have finished the calculation of the value of
the estates in the said town and within the limits as aforesaid, or to adjourn
to any other place in the said town as they see fit ; and the said asses-
sors shall finish and complete the said calculation of the value of the es-
tates in the said parishes of St. Philip and St. Michael, on or before the
last Tuesday in April next, and shall cause a duplicate thereof to be
posted at the guard house in Charlestown, in seven days after the calcula-
tion shall be closed ; and they shall give previous notice, twice at least, in
the Gazette, of the time when such duplicate shall be posted ; and the
said assessors and all the other assessors and collectors for the several
parishes in the country, before they enter upon the execution of their said
office, shall take the following oath before one of his Majesty's justices of
the peace, who shall give them a certificate thereof gratis : " I, A. B., do
sincerely swear, that I will indifferently, equally and impartially rate Oath of
and assess all and every person, according to the full value of what I *s*«^^8or3.
believe every such person is worth, and the directions given to me by
this Act, according to the best of my skill and knowledge : So help me
God."
XVI. And he it enacted, That every person so assessed by the said
assessors for the parishes of St. Philip and St. Michael, shall pay into Monies to be
the hands of the said assessors the several sums of money on them res- pu.biicTrea^
pectively assessed, on or before the last Tuesday in May next ; and the surer,
said assessors shall pay to the public treasurer all such sum and sums of
money as shall be by them resjiectively collected, retaining their com-
missions as afoiesaid.
XVII. And, he it enacted. That the sum of three thousand seven hun-
dred and forty-three pounds sixteen shillings and ten pence, appointed Quota of taxes
by the said schedule to this Act annexed, to be paid by the inhabitants *« ^^ raised in
of the parishes of St. Philip and St. Michael, shall be added to the sum Ij; SichLr'^
to be collected for the poor rates, and shall be raised, collected and
levied by the same persons, and in the same way and manner as the
poor rates are raised, collected and levied on the inhabitants of, and
others interested in, the said parishes, and shall be by the said persons
paid into the hands of the public treasurer.
XVIII. And he it also enacted by the authority aforesaid. That in case
any person whosoever shall neglect or refuse to pay in his, her or their p"''^^^*'""''^-
tax, at the days and times herein before mentioned and appointed for to pay taxes!
the payment thereof, the inquirers and collectors respectively shall, im-
mediately after ten days is fully elapsed, without further delay, levy the
same by virtue of a warrant, by them, or any of them, to be signed and
sealed for that purpose, which warrant shall be directed to the constable
or constables living nearest the place where such defaulter lives or resides,
requiring him to levy the same by distress and sale of the defaulter's goods,
returning the overplus, if any there be, to the defaulter, upon deducting
the reasonable charges, or shall not make oath before the collector that he
has not directly or indirectly conveyed away or removed his said goods or
effects, whereon the money so assessed might be levied, to avoid payment
196 STATUTES AT LARGE
A. D. 1764, of the said tax, and that he is not able to pay the same ; which oath the
K^0^^^^^^ said collectors are hereby respectively authorized and impowered, if ne-
cessary, to administer ; and if no such distress can be found, and the de-
faulter shall neglect or refuse to produce goods or effects whereon the
moneys so assessed may be forthwith levied, then the said constable or
constables, by virtue of the said waiTaut, shall take the body of such de-
faulter and convey him to the common goal in Charlestown, which warrant
shall run in these words, mutatis mutandis, viz :
" A. B., C. D., E. F., collectors of the general tax for the parish or
precinct of , in county : To It. H., constable of the parish
Form of the ^^ precinct of , or to the provost marshal of the Province of South
warrant. Carolina, or to his lawful deputy. Whereas, J. K. hath been duly assess-
ed by us the subscribers, collectors of the tax for the parish or precinct
of — , the sum of , for tax, for defraying the charges
of the two preceding years, endmg the thirty-first day of December,
one thousand seven hundred and sixty-three, which ■ hath neglect-
ed to pay : these are, therefore, in his Majesty's name, strictly to charge
and command you, to levy by distress and sale of the goods and chattels
of the said J. K., the said sum of , together with the charges
thereof; and in case the said J. K. shall refuse or neglect to produce
goods or chattels sufficient to levy the said distress^ aitd the charges
thereon, that then you take the body of the said J. K. and con-
vey to the common goal in Charlestown, commanding you, the keeper
of the said jail, to detain the body of the said J. K. in your custody
until shall pay the said sum of , together with the charges
of keeping and detaining as aforesaid ; and for so doing, this shall be your
sufficient wairant. Given under our hands and seals this day
of , Anno Domini . A. B., C. D., E. F."
And the provost marshal shall detain such person in the goal aforesaid,
without bail or mainpnze, until the debt and charges aforesaid shall be
satisfied ; and the constable and constables to whom such warrant shall be
directed, shall take from the defaulter the following fees hi the execution
of their office, viz : for serving every execution, six shillings ; and for
every pound to be levied as aforesaid, one shilling ; and one shilling and
fo^nstrbles,&c.tlii-ee pence for every mile, to be computed from the dwelhng house of
" such constable to the house or place of residence of such defaulter ; for
the constable's returning home or cai'rying such defaulter to the common
goal, from thence returning home, and mileage, at the same rate, and no
more or anv other fee or fees whatsoever ; and the assessors and collec-
tors respectively, for every such warrant he or they shall issue, shall have
from such defaulter ten shillings current money.
XIX. And be it also enacted. hy the authority aforesaid, That if any
Penalty for taxable person shall neglect to give an account as aforesaid of his or her
neglect to pay estate to the said inquirers and collectors, by the time before limited in
tax, &c. ^^.^ ^^^^ ^^ gj^j^jl Qj^-j ^^ neglect to pay either his or her own tax, or the
tax to be assessed by virtue of this Act, on any person for whom he or she
is guardian, executor, attorney or trustee, by the time before limited, the
said collectors respectively, where such taxable person lives, are hereby
impowered and required to issue their warrants in the same manner as
above directed ; and in case the said assessors and collectors shall not have
a just information what such person's tax doth amount to, the said waiTant
shall run for double what they shall judge such person ought to be rated,
and shall be dealt with in all other respects as a defaulter.
XX. And-be it enacted, That the public treasurer shall have full and
ample power in all respects, for collecting and getting in arrears of taxes
OF SOUTH CAROLINA. 197
which are or were due, by any former law or Act of Assembly ; and the same A. D. 1764.
may be recovered by virtue of a warrant, under the hand and seal of the ''^~^'"^'''^*^
public treasurer for the time being, directed to the provost marshal or any Power of the
constable for the county wheie such arrears of taxes are to be collected, P"^^'*^ '^'^^su-
which warrant shall run in the same manner as is directed to be done by
the assessors and collectors against defaulters.
XXI. And he it also enacted by the authority aforesaid, That in case
any person shall happen to die between the time of giving in his account Taxables
to the said inquirers and collectors and the paying of his tax, and any goods j-^'"^,?'"
or chattels of the deceased, to the value of the sum he was assessed at,
shall come into the hands of his executor or administrators, or any execu-
tors in their own wrong, such executor or administrators shall pay the same'
by the time before hmited, prior to all judgements, mortgages and debts
whatsoever, or otherwise a wan-ant or execution shall issue against the
proper goods of such executor or administrators; and if any person, be-
tween the time of rendering the account of his or her estate, to the inqui-
rers and collectors as aforesaid, and the time of paying in his or her tax,
shall be about to depart this Province, the said assessors and collectors are
hereby directed and required forthwith to levy the same, notwithstanding
the day of payment is not then already come, unless such persons will find
sureties to the liking of the said collectors and assessors for the payment
thereof at the time appointed.
XXII. And be it also enacted' by the authority aforesaid, That all
deeds of gift, conveyances, mortgages, sales and assignments of lands Fraudulent
and tenements, goods and chattels of any person whoever, made with an *=°"^*^y^"<=<^S'
intent to avoid being assessed or paying tax, are hereby deemed and de-
clared to be fraudulent, null and void to all intents and purposes what-
soever.
XXIII. And be it also enacted by the authority aforesaid. That in
case any person who has mortgaged any part of his estate, real or person- Mortgagee ha-
^ nlp to Dflv tax
al, shall refuse or neglect to pay tax for the same, the mortgagee shall be
answerable and liable to pay the sums assessed on the mortgagor ; pro-
vided, that such estate shall be in the possession of the mortgagee.
XXIV. And be it also enacted by the authority aforesaid, That the
public treasurer, inquirers, marshal, constables and every other magistrate Penalty on offi-
and officer, or any or either of them, who shall neglect or refuse to do and*^^'^ orneg ect.
perform the several matters hereby required of them respectively to be
done within the time prescribed by this Act, shall, for every such neglect
or refusal, forfeit the sum of fifty pounds proclamation money ; and the
several assessors and collectors, or any or either of them, who shall neglect
or refuse to do and perform the several matters hereby requii'ed of them
respectively tu be done within the time prescribed by this Act, shall, for
every such neglect or refusal, forfeit the sum of three hundred pounds
proclamation money, to his -Majesty, for the support of this government,
to be recovered in any court of record in this Province.
XXV. And, be it also enacted by the authority aforesaid. That in case .
any of the inquirers, assessors and collectors before mentioned, shall hap-asses'sors'&c.
pen to die, refuse to act or depart this Province before the powers and dying or
authorities hereby given them are executed, then his honor the Lieutenant "^'P^"'"^'
Governor, or the Commander-in-chief for the time being, is hereby impow-
ered from time to time, so often as occasion shall require, to nominate and
appoint one or more fit person or persons in the room of him so dying,
refusing to act or departing this Province ; and the person and persons so
appointed, shall have the same powers and be under the same penalties
as the inquirers, assessors and collectors hereby nominated.
198
A. 1). 1764.
Public Trea-
surer impower-
ed to grant
executions.
And to give
certificates.
Proviso.
General issue
may be
pleaded.
STATUTES AT LARGE
XXVI. And he it also enacted by the authority aforesaid, That the public
treasurer, and the public treasurer for the time being, be, and is hereby
impowered and required, to grant immediate executions against all former
constables and collectors of taxes, and collectors and assessors for the time
being, for all taxes now or hereafter to grow due, when the time is or shall
be elapsed for paying the same ; and he is hereby required and directed
to prosecute all and every person or persons whatever, neglecting or refus-
ing to do and perform the several matters required by this Act for the
recovery of the penalty inflicted by the same for any such refusal or
neglect.
XXVII. And he it also enacted by the authority aforesaid. That the pub-
lic treasurer of this Province for the time being, after paying the balance
in the funds aforesaid, shall be, and is hereby obliged and required to give
certificates to the several persons having monies provided by the schedule
to this Act annexed, for such part thereof as the person applying for the
same shall require, which certificates shall be first filled up, numbered and
siu-ned by the treasurer, and afterwards countersigned and returned to the
pubUc treasurer, by Samuel Brailsford, William Blake and Thomas Bee,
Esquires, or any two of them, and they are hereby directed to keep an
account in a book, of such certificates as they shall respectively sign ; pro-
vided, that such certificates shall not be for less than five pounds, nor more
than fifty pounds ; and the said certificates shall be received in all pay-
ments to the public treasury until the last Tuesday in May, one thousand
seven hundred and sixty-five, and no longer; and the said collectors of the
tax shall take and receive the said certificates in payment of taxes, for
the sums therein mentioned, from all persons tendering the same ; provid-
ed also, that the possessors of the said certificates shall carry the same to
the public treasurer to be exchanged, on or before the first day of Novem-
ber, one thousand seven hundred and sixty-five ; and in case any certificates
shall be outstanding after that day, the public shall not be liable to make
provision for the same.
XXVIII. And he it also enacted by the authority aforesaid, That if any
of the assessors, inquirers, collectors, public treasurer or provost marshal,
constable or other person shall be sued for any matter or thing by him or
them done in the execution of this Act, it shall and may be lawful for
such person or persons to plead the general issue, and give this Act and
the special matter in evidence ; and in case judgment shall be given for the
defendant or defendants, or the plaintiff shall suffer a non-suit or discon-
tinue his action, the said defendant or defendants shall recover treble costs
of suit. .
XXIX. And he it further enacted by the authority aforesaid. That the
sum of two hundred and fifty-four thousand nine hundred and thirty-two
pounds and ten pence shall be appropriated, applied and paid by the pub-
lic treasurer, according to the schedule hereunto annex:ed, and not other-
wise, that is to say :
SCHEDULE
Of the charges of this Government from the first day of January, one
thousand seven hundred and sixty-two, to the thirty first day of Decemher,
one thousand seven hundred and sixtrj-three, hath inclusive, and for other
services.
ALLOWANCES TO PUBLIC OFFICERS.
To the Clerk of the Council, . • • • • £ 624 00 00
To the Master in Chancery, • • • • ■ 416 00 00
To Daniel Clement, Messenger of the Council, ... 189 01 03
OF SOUTH CAROLINA.
199
To Wiiliam Davis, as Door-keeper to the Council, . . £ 332 13 04
To William Davis, as Messenger to the Council, . . . 83 06 08
To Thomas Bromley, Esq Clerk of the Assembly, . . 1248 00 00
To the Messengers of the Assembly, jE 416 each, . . . 832 00 00
To the Commissary General, ..... 832 00 00
To the Clerk of the Board of Church Commissioners, . . 62 08 00
To the Public Treasurer, his commissions on paying sundry sums of money, 125 15 00
To the Agent in Great Britain, his salary, .... 15120000
For his bill of disbursements and other services, . . . 1234 02 00
To the Clerk of the Committee of Correspondence, from the 19th of
May, 1762, . . . . . . 82 10 00
The ordnance store keeper, ..... 374 02 01
HOUSE RENT FOR THE PUBLIC SERVICE.
To his Excellency the Governor, ..... 1400 00 00
The Commissioners of the Free School in Charlestown, . . 520 00 00
WRITING AND PRINTING FOR THE PUBLIC SRRVICE.
To the Clerk of the Council, for copies of the minutes of Council, en-
tries in the Indian book, and copies of laws f()r the use of the Council, 2965 15 11
To the Clerk of the Assembly, for copies of journals, drawing bills, &c. 3827 13 03
To Thomas Sottowe, Esq. Sec'ry. for fees due to the Governor and Secre-
tary to the Governor, £ 172 2s. 6d. ; to the Secretary, £ 188 11 03, 360 13 09
To John Murray, late Secretary, . . . . . 397 09 06
To Jacob Motie, Esq. Public Treasurer, for this service, . . 612 01 00
George Johnston, for the like service, . . . . 21 12 00
Robert Williams, jun. for drawing a bill, . . . . 21 12 00
Peter Timothy, his account for printing, . . . . 3626 15 07
Robert Wells, his account for the like service, . . . 736 08 07
TO BE RAISED BY PARTICULAR LAWS APPOINTING
THE SAME.
To the Public Treasurer, which he paid for session sermons, . . 60 00 00
Sinking two 5th parts of the orders for raising a regiment in 1760, 50,000 00 00
To sinking two 5th parts of the orders for paying the charges of the expedi-
tion under Governor Lyttleton, ^gainst the Cherokees, . 98,677 05 00
To Daniel Doyley, Esq. Provost Marshal, for serving writs of election, sum-
moning jurors and attending courts, . . ; . 312 00 00
To Clement Lampriere, annuity on the militia law, . . 187 04 00
Thomas Gill, his annuity for several years, .... 235 16 00
The Treasurer advanced to the said Gill, . . . 45 00 00
FOR FORTS AND GARRISONS.
To the Commander of Fort Johnson, .... 416 00 00
The Gunner of Fort Johnson, . . . . 449 12 00
Two quarter Gunners, at £8 per month, each, ... . 399 02 06
Provisions for four men, at £25 per month, . . . 208 00 00
The Gunner of Charlestown, . . . . . 468 00 00
The Gunner of Craven's bastion, .... 208 00 CO
The Gunner of Broughton's battery, . . . . 208 00 00
Bernard Beckman, his account for sundries, . . • 23 04 05
William Roberson, ditto, for sundries for Broughton's battery, . 11 01 03
James Laurence & Co , their account for this service, . . 545 11 04
David Brown, two accounts for flag staffs, &c. . . . 87 10 04
Richard Milford, on an order of David M'Daniel, interpreter at Fort Prince
George, . . . . . • 300 00 00
Jacob Motte, on an order of Hannah Campbell for provisions for Fort Lou-
doun, . . . . ^ . . . 24 03 03
Paul Townsend, on an order of George Drafts for carriage of provisions to
Fort Prince George, . . 150 12 04
A.D.17f)4.
200
STATUTES AT LARGE
A.D. 1764. Fotheringham&M'Neil, forahorse to carry soldiers' baggage to Augusta,
To Jacob Motte, Esq. for money paid the following persons :
David Donald, interpreter at Fort Prince George,
Lieut. Dunnett, for repairs of Fort Moore,
William Mansfield, for the same service,
Wm. Hall, for making and painting gun carriages,
For the men's pay at Fort Johnson,
For several persons for transporting provisions to the out posts,
Several persons for fire wood, ....
To Andrew Williamson, for provisions furnished Fort Ninety-Six,
FOR THE PUBLIC ARMS.
To John Millner, for cleaning and repairing the public arms,
FOR THE PRIVATE FRONTIER FORTS.
To Elizabeth Abernety, for provisions for Loyal's Fort,
John Loyale, ditto,
Ephraim Loyale, ditto,
Luoretia Mitchesson, ditto,
Elizabeth McKoy, ditto,
John Walker, ditto,
Bryan White, ditto,
George Bell, ditto,
Job Meadows, ditto,
To William Allison for provisions for Turner's Fort,
To Daniel Burnett, for the same service,
Jean Beary, ditto,
Joseph Hismon, ditto,
Robert Johnson, ditto,
Joljn Jones, ditto,
Thomas Largen, ditto,
Robert Lang, ditto,
William M' Queen, ditto,
Charles Mitts, ditto,
John Nealy, ditto,
James Peale, ditto,
Richard Pendall, ditto,
Robert Smith, ditto,
Richard Tate, ditto,
Alexander White, ditto,
Thomas Largen, ditto,
Charles Mitts, ditto,
Charles Gray, for provisions for Pennington's Fort,
Paul Townsend, on Isaac Horseys order, for the same service,
Thomas Adam, ditto, ditto,
John Garrett, ditto, ditto.
To Thomas Hughston,for two steers for Turner's Fort,
To Henry Brown, for provisions for Pearson's Fort,
To Thomas Brown for provisions for Helms's Fort,
Richard Tilwell, for the hke service.
To Francis Fitchner, for provisions for Musgrove's Fort,
David Jenkins, for the same service,
Thomas Cox, ditto,
Isaac Cox, ditto.
To John Halsey, for provisions for Waggener's Fort,
Jeremiah Rent, for the same service,
Susanah Kersey, ditto.
To John Lee, for provisions for Lee's Fort,
To John Marlow, on an order of John Johns, for provisions for Fletcher'
To Edward Nixon, for provisions for his Fort,
Fort,
£ 16 04 00
250 00 00
567 05 00
132
15 00
2319
10 00
5023
19 00
2764 00 00
3255
10 00
37
16 00
1544
16 01
25 09 09
56 12 08
8
18 02
10
16 00
8
10 07
5 08 00
20
10 04
30 00 09
10
13 07
14
00 09
7
11 02
9
14 04
49
11 05
24
14 06
16 03 06
10
16 00
10
16 00
16
16 11
9
14 04
21
12 00
6 09 07
10
16 00
10 06 03
17
12 00
27
13 06
18 08 06
27 00 00
12 05 07
15 04 05
12 09 05
71
19 01
21
12 00
24 16 09
21
01 03
4 01 00
67
10 00
31
17 02
32
18 09
10
12 06
6 04 02
17 05 07
12
16 06
26 08 10
22 08 08
25
19 09
OF SOUTH CAROLINA.
To Thomas Perry, for provisions for Brooker's Fort,
Christopher Sews, for provisions for Rawle's Fort,
To William Raggent, for provisions for Fort William Henry, on Enoree River,
Magnus Simeonson, for the same service,
Mary Hallingsworth, ditto, - . . . .
Edward Musgrove, ditto, - - . .
Jeremiah Williams, ditto, - - . . .
Mathias Weeker, ditto, - . . .
Joseph Kelso, ditto, - - . . .
Obadiah Edwards, ditto, ....
John Brown, ditto, - - . . .
Elizabeth Jackson, ditto, - - . .
To Stephen Love, for provisions for Turner's Fort, ...
Joseph McGlaskey, ditto, ....
FOR THE FORCES.
To Rachel Russ, for fire wood, .....
John Harvey, for hay, .....
Thomson & Hunter, for a gun, - - . . .
Burn & Cunningham, for carting fire wood,
James Henderson, for candles, .....
Sarah Bodie, for lodging an officer, ....
WiUiam Ellis, for house rent, .....
Capt. Thomas Goldsmith, {br his lodging,
John Stephens, for sundries for his ransom,
The Church-wardens of St. Philip's parish, for the support of soldiers,
soldiers' widows and orphans, - . . .
John Marley, for carting, .....
FOR THE SCOUTS FR03I THE MILITIA.
To Edward Perry, for provisions, .
Robert Adams, for the same, .....
201
Edward Perry,
James Sample,
Philip Thomas,
Gasper Agerman,
John Bartin,
Samuel Davis,
Hugh Douse,
Abraham Gindra,
William Glover,
Thomas Jones,
Jane Melvin,
ditto, (a second account,) ...
ditto, ....
ditto, .....
ditto, ....
ditto, . . . .
ditto, ....
ditto, - . . . .
ditto, ....
ditto, .....
ditto, - - . .
ditto, - - - . .
To Michael Keltizen, upon an order of Farris Ruly, for a horse impressed,
Hans McCulloch, for the same service, .
James Swansey, ditto, .....
William Mason, ditto, ....
John Gamier, ditto, .....
Alexander Rantole, ditto, and other services,
Isaac Weatherly, for provisions and negro hire, ...
John Kelsall, for negro hire, ....
Francis Sample, for provisions . - . .
FOR EXPRESSES.
To John Marsh, for a horse employed on this service,
Andrew Williamson, for the same service, ...
Benedict Kurm, ditto, ....
James Land, ditto, - . . . .
Thomas Langley, ditto, ....
VOL. IV.— 26.
17 00 09
62 04 01
77 02 02
14 17 00
23 05 09
32 07 04
4 06 04
118 11 11
10 10 06
10 10 09
5 08 00
6 03 09
9 14 04
13 10 00
35 02 00
159 00 00
9 14 04
28 03 09
417 16 09
25 06 01
43 04 00
21 12 00
4^ 06 07
2149 10 02
36 19 09
28 01 07
6 09 07
28 GO 00
3 04 09
5 08 00
3 15 00
8 07 04
6 09 07
27 14 01
4 05 04
92 10 03
12 10 07
10 16 00
37 16 00
8 16 09
27 00 00
36 03 06
65 17 07
83 08 07
18 09 09
4 08 00
1 12 04
3 04 09
75 12 00
57 04 09
43 04 00
16 04 00
A. D. 1764.
202
STATUTES AT LARGE
A. D. 1764. FOR THE SCOUT BOATS.
To John Joyner, for his pay as commander of a scout boat two years, 624 00 00
Edward Tucker, commandei of a scout boat, his pay 1 year and 6 months, 474 00 00
Twelve men for Captain Joyner's boat, two years, - - 3594 04 09
For their provisions, at £28 per annuni each, - - - 757 02 04
Twelve men for Captain Tucker's boat ] year and 6 months, - 2730 04 09
For their provisions, at £28 per annum each, - - - 575 02 04
Francis Stewart, for freight of bread, - - - - 16 14 09
John Joyner, for sundries, - - - - - 45 04 00
FOR LOOK OUTS.
To Simon Tuffs, for freight of cannon to Bull's Island, - - 27 00 00
Eight look outs, each consisting of three men at £12 per month, for fourteen
months, -....-. 4308 09 00
FOR PAROCHIAL CHARGES.
To the church- wardens and vestry of the parish of St. Thomas and St.
Dennis, towards building the chapel at Pompion Hill, - - 1400 00 00
The church-wardens and vestry of the parish of St. Andrew, towards rebuil-
ding the parish church, ..... 15000000
The Rev. Mr. Abraham Immer, for three years house rent, - - 123 04 00
The church-wardens and vestry of Prince George's parish, for maintainance
of Accadians, - - - - ... 75 12 00
FOR CORONER'S INQUESTS.
To James Simmons for holding three Inquests,
Estate of Alexander Steward, one ditto,
Moses Thompsonson, one ditto,
John Bull, fourteen ditto,
Abraham Carradine, one ditto,
William 3Iason, six ditto,
Edward Skeene, one ditto,
Moses Thompson, one ditto,
Joseph Curry, seven ditto,
John Cassells, one ditto,
To John Thomas, Constable, for summoning jurors,
Lewis Ulmer, for the same service,
Benjamm Sims, ditto,
Mark Anthony Beselleu, ditto,
John Burgess, ditto,
Benjamin Every, ditto,
John Handaside, ditto,
Jacob Viart, ditto,
32 08 00
10 16 00
10 16 00
151 04 00
12 10 00
60 00 00
10 00 00
15 00 00
75 12 00
13 10 00
8 12 09
7 03 00
34 17 08
11 06 09
7 11 02
26 04 04
39 03 00
29 03 02
FOR INDIAN EXPENCES.
To Judith Postell, for entertainment of Indians,
Alexander Petrie, on an order of Alexander Butler, for the same service,
John Robinson, ditto, ....
Bernaid Sea, ditto, ....
Adam Sheekal, ditto, . - . . .
William Scott, ditto, . . . -
Peter Witten, ditto.
Ward & Leger, ditto.
Ward & Leger, ditto,
John Burdell, ditto.
The Commissary General, for the same service,
John Evans, ditto,
David Webb, ditto,
(on an order of David Webb,)
16 09 04
105 06 00
34 06 04
14 00 09
41 00 09
10 12 06
28 15 01
3 12 10
3 05 04
3 12 10
923.02 01
5 13 05
19 03 04
OF SOUTH CAROLINA.
^03
To Stead & Wilson, for entertainment of Indians, - - £ 12 19 02
To Patrick Troy, on an order of Alexander Teal, for the like service, - 4 01 00
Thomas Bostick, ditto, - - - - - • 7 14 00
Martin Seiseler, ditto, - - - - - 2 08 07
James Sharp & Co. ditto, - - - - 19 00 GO
Joseph Kershaw & Co. ditto, - - - - 38 05 00
Jeremiah Lamar, ditto, - - - - - - 22 10 00
Alexander Noble, two accounts, ditto, - - - - 97 17 06
Moses Powle, ditto, - - - - - 41 05 00
Joseph Swearingham, ditto, ----- 110 17 06
Josiah Cantey, ditto, - - - - - - 25 07 07
Susannah Ball, ditto, - - - - - 7 19 06
Richard Baldrick, ditto, - - - - - - 6 04 02
Mary Cannon, ditto, - - - - - 3 04 09
Listen, Benfield & Jones, ditto, (on an order of A. Campbell,) - 55 12 04
Archibald Campbell, ditto, - - - - 2 16 06
William Dargen, ditto, - - - - - - 1109 05
Daniel Droze, ditto, - - - - - 50 04 04
Henry Gallman, ditto, - - - - - - 59 05 03
Sarah Nightingale, ditto, - - - - - 95 18 07
Edward Mortimer, ditto, - - - - - - 29 16 08
John Hurst, ditto, (2 accounts,) - - - - 93 10 00
Conrad Hallman, ditto, - - - - - - 19 03 04
Richard Hainsworth, ditto, - - - - - 57 08 03
John Kesson, ditto, - - - - - - 55 07 06
John Lee, ditto, - - - - - - 16 04 00
Edward Legg, ditto, - - - - - - 32 08 00
Lachlan Mcintosh, ditto, - - - - - 414 14 04
William Martin, ditto, - - - - - - 24 00 06
Mary Owen, ditto, - - - - - 26 03 09
John Dargen, for fernage, - - - - - 5 18 09
Thomas Nightingale, for saddler's work, - - - 184 18 02
John Dodd, for gunsmith's work, - - - - - 58 11 09
James Lingard, for blacksmith's work, - - - - 9 17 GO
Paul Townsend, on an order of George Stroup, for carriage of presents to Fort
Prince George, ......
McCartan & Campbell, on an order of Richard Henderson, for carriage of
presents to the Creeks, .....
To Brewton & Smith, for Indian presents, . - .
Woodrop & Douxsaint, ditto, .....
McCarton& Campbell, ditto, - - . -
Richard Lambton, ditto, - . . . .
Thomas Adam, ditto, .....
Newell, Davis & Ancrum, ditto, (for balance of their account,)
Jacob Motte, Esq. Public Treasurer, advanced by him for Indian expenses, to
the following persons; viz.
To Elias Houser, Cherokee keeper, ...
Paul Townsend, hire for a waggon to bring down prisoners,
McCartan & Campbell, for presents for ihe Chickesaws,
Newell, Davis & Ancrum, for Indian presents.
Captain Colbert, who attended the Chickesaws, - . .
FOR CHARGES ON THE EXPEDITION UNDER GOV. LYTTLETON.
To Ward & Leger, on an order of Robert Givens, for a horse pressed on the said
expedition, .---..
The estate of George Marratt, for 2 horses, for the same service,
John Cheesboroug, 1 do. do.
William Dargan, 1 do. do.
WiUiaraTyffe, 1 do do.
A. D. 1764.
108 00 00
51 16 09
307 02 06
12 19 02
17 00 02
207 18 00
33 09 07
679 18 02
57 00 00
63 00 00
1233 04 04
4445 19 07
255 08 07
16 04 00
41 00 09
43 04 00
32 08 00
21 13 00
204
STATUTES AT LARGE
A. D. 1764. Christopher Wilkinson, for pay, for the same service,
Abraham Pennington, a waegon for ditto,
Joseph Port, for driving cattle, ditto,
Garrard Jeffers, for sundries, do. -
Shaekleford & Lupin, do. do. ...
J. & A. Miller, do. do. -
Charles Richebourgh, for a horse, do. ...
Abraham Messhen, for provisions, do. ...
FOR CRIMINALS.
To the Chief Justice, (fees on prosecuting them,)
The Clerk of the Crown,
Daniel Doyley, Provost Marshal, for subsistence of prisoners,
David Graem, Esq. Attorney General, fees on the prosecuting of prisoners,
James Donnavan, for attendance and necessaries for sick criminals,
Augustus Johne, for attendance and medicines for sick prisoners,
William Loocock, for the like service, - -
John Benson, constable, for conveying prisoners to gaol,
Michael Mintz, for the same service, ...
Charles McKay, ditto, .....
Cornelius Hide, ditto, ....
Thomas Anderson, ditto, .....
Cornelius Hide,
ditto.
(a second aec(
WilUam Stagg,
ditto,
-
Benjamin Simms,
ditto.
-
William Thompson,
ditto.
-
Strehelay John,
ditto,
.
William Meyer,
ditto,
-
John Carradins,
ditto,
-
Roger Paget,
ditto,
-
Adam Hilis,
ditto,
(two accounts]
Philip Howell,
ditto.
John Mcintosh,
ditto.
-
The Public Treasurer, paid, . . . - .
John James Shulager, for apprehending a criminal,
FOR CRIMINAL SLAVES EXECUTED.
To Thomas Elf, for a slave executed,
Emanuel Abrahams, - - - - -
Estate of William Coomer, ....
Thomas Smith, Jr. .....
Charles Bedingfield, on an order of John Bedingfield,
The estate of Hugh Dowse, ....
Fotheringhara & McNeil, . - . .
Henry Filder, - - ....
William Fytte, .....
The Churchwardens of St. George's Parish,
Jacob Motte, on an order of Joseph Shute and Benjamin Joy,
Benjamin Smith, for Paul Jenys, deceased,
Benjamin Smith, on an order of Antony White,
Austin & Laurens, • - - -
Micajah Williams, .....
Joshua Screven, . . . . .
John Edwards, for gibbet irons, ....
Christopher Holson, warden of the work-house,
CONSTABLES FEES ON THE TRL\L OF SLAVES
To Joseph Day, two accounts for fees, on trial of slaves,
Joseph Jones, for the same service, . . . .
Thomas King, ditto, ....
26 15 08
415 16 00
14 09 GO
112 01 00
359 12 06
12 19 02
12 19 02
12 19 02
400 13 05
409 00 02
1833 14 03
931 00 00
100 00 00
142 00 00
88 15 00
12 10 00
20 00 00
10 00 00
43 16 04
20 00 00
22 03 09
23 02 06
28 15 00
10 00 00
10 00 00
14 10 00
3 05 03
2 01 04
£5 00 03
6 15 08
17 00 00
589 11 04
4 14 06
205 04 00
10 16 00
120 00 00
80 OO 00
216 00 00
216 00 00
216 00 00
216 00 00
200 00 00
216 00 00
140 08 00
200 00 00
216 00 00
216 00 00
216 00 00
216 00 00
15 19 09
11 00 00
31 01 02
62 06 00
9 00 10
OF SOUTH CAROLINA.
205
To Maurice Harvey, (on an order of John Postell, ) for fees on the trial of slaves,
Samuel Richbourg,
ditto,
(three accounts.
John Steley,
ditto.
-
John Molet,
ditto,
(four accounts,)
William Bennett,
ditto,
-
William Bonneau,
ditto.
Joseph Day,
ditto.
-
George Farrington,
ditto.
-
Andrew Hilton,
ditto.
-
John Ripauft,
ditto,
.
Abraham Shadd,
ditto,
-
Francis Vauchier,
ditto,
-
James Amos,
ditto,
-
William Bonneau,
ditto.
-
James Bernard,
ditto.
WiUiam Cooper,
ditto,
John Dand ridge.
ditto.
-
Stephen Guery,
ditto.
-
James Graves,
ditto,
David Batchelor,
ditto.
(two accounts,)
Michael Wornel,
ditto,
-
Nath'l. Breedlove,
ditto,
(five accounts,)
Samuel Richbourg,
ditto.
-
Daniel Wiliams,
ditto.
-
John Mcintosh,
ditto.
-
John Stehelay,
ditto.
-
Nath'l. Breedlove,
ditto.
-
£54 04 00
19 06 10
6 07 01
56 05 03
18 GO 00
28 03 00
22 17 03
21 15 00
19 10 00
21 04 00
29 09 06
11 07 09
21 09 06
19 19 07
8 12 09
6 13 04
11 00 00
10 10 09
13 10 09
46 19 06
21 09 03
79 08 10
8 12 09
30 15 07
9 12 06
10 00 00
4 06 04
A. D. 1764.
FOR THE PUBLIC BUILDINGS.
To Wm. Davis, keeper of the State House, his salary, ;C208 ; his account for
sundries, £12, 4s., ----- 2200400
Jonathan Badger, keeper of the Assembly, for his salary and sundries, 140 16 03
John Braund, for sundries for the barracks, - . - 67 12 02
John Braund, barrack master, for his salary, . - - 416 00 00
William Hall, for repairs of the barracks, . . - 702 00 00
John Burrows, for the like service, - - - - 53 03 09
Benjamin Harvey, for his salary and disbursements for the State House, 62 10 00
John Davidson, for sundries for the Watch House, - - 4 03 09
The Estate of Daniel Clements, for sundries, - - - 78 05 00
James Lingard, for iron work, - - - - 917 00
SUNDRIES TO BE PAID BY THE INHABITANTS OF CHARLESTOWN.
To the keeper of the fire engines, viz. :
To William Banbury, for disbursements for the engines, - - 26 09 04
James Verree, for the same service, . - . 189 17 06
Richard Moncrief, ditto, - - - - - 1351600
Barnard Backman, ditto, - - ' - - 420 18 09
George Sheed, ditto, - - - - - 155 15 00
William Hall, diito, - - - - 48 06 03
John Perdrieau, for repairs of the engines, - - - - 26 04 03
To the Fire Masters ofCharlestown, for sundry disbursements, - 238 03 02
To the Commissioners of Roads for St. Philip's, - - - 100 00 00
To make up the deficiency of the fund for the town watch, - - 1002 06 07
To the Commissioners of the Streets of Charlestown, . - . 1400 00 00
EXTRAORDINARY CHARGES.
To Samuel Perkins, for sundries for the fortifications, and Colonel Middleton's
regiment, .-.-...
Paul Trapier, for maintenance of Accadians,
118 04 06
28 01 07
506
STATUTES AT LARGE
A. D. 1764. William Crook, for the like service, . . . -
Samuel Jeans, ditto, - - . - .
James Holmes, for pay as a ranger,
David Stoll, for Iron work for gun carriages, . . -
Burn & Cunningham, for the rent of a store, for the use of an armed vessel
fitted out by this Province, .....
The estate of 'I'horaas Bakintine, for the like service,
Paul Tovvnsend, on an order of Nicholas Tedrelph, for ahorse to draw can-
non from the Cherokees, .....
John Burgess, for making and painting constable's staffs,
Christopher Holson, for confinement and provisions for Christopher Lloyd, a
lunatic, ..---..
Mary Adamson, widow, annuity for herself and two children,
Mary 3Iorrison, widow, annuity for herself and three children,
Negro Sampson, annuity lor discovering a cure for the bite of a Rattle Snake,
To the Public Treasurer, paiil the Commissary General for extraordinary
services, ......
The same, for cash paid Richard 3Ioncrief, ....
The san>e, paid James Linock, ....
The same, for cash.advanced Wilham Elliott, . . .
The same, for cash paid into the hands of Messrs. Mazyck & Roper, for
Accadians, ......
The same, for cash advanced for raising the recruits which were sent to
General Amherst, ......
To Christoplier Holson, for fees at the Work House,
The Clerk of the Committee of Correspondence, for extraordinary services,
Wm. Maine, for surveying certain lands in dispute between this Province
and Georgia, ......
Owen Bowen, for the like service, ....
Samuel Cardy, in full of all demands, for building St. Michael's Church,
The Commissioners of St. Miphael's Church, to pay the c'osts in their snit
with Samuel Cardy, . . . . .
For contingencies, ......
RAWLINS LOWNDES, Speaker.
In the Council Chamber, the 6fh day of October, 1764.
Assented to: WM. BULL,
£ 75 12 00
12 19 02
113 08 00
847 09 06
12 09 02
83 04 05
7 11 02
122 05 00
44 11 03
312 00 00
416 00 00
104 00 00
233 06 08
63 00 00
46 11 00
50 00 GO
1300 00 00
2284 04 06
58 18 09
350 00 00
159 01 08
139 06 04
8000 00 00
410 00 00
1000 00 00
.£254,932 00 10
No. 936. AN ACT to revive and continue for the term therein limited,
SEVERAL Acts and clauses of Acts of the General Assembly of
THIS Province.
PreamMe.
Former Acts
revived and
continued.
WHEREAS, several good and wholesome laws of this Province are
expired, and others near expiring, which are necessary to be revived and
continued for some time ; we therefore humbly pray his most sacred
Majesty that it may be enacted,
I. And be it enacted, by the honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief in and over his Majesty's Province of
South Carolina, and by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of this Province, and by
the authority of the same. That an Act intitled " An Act for the better
regulating the militia of this Province, and for repealing the former Acts
for regulating the militia, and for repealing an Act intitled ' An Act for
OF SOUTH CAROLINA. 207
the further security and better defence of this Province,'" passed the A. D. 1765.
thirteenth day of June, in the year of our Lord one thousand seven hun-
dred and forty-seven ; and also a clause for amending the said Act for the
better regulating the militia of this Province, contained in an Act intitled
" An Act for reviving and continuing several Acts of the General Assem-
bly of this Province therein mentioned, and for amending one of the said
Acts mtitled an Act for the better regulating the militia of this Province,
and for repealing the former Acts for regulating the militia, and for repeal-
ing an Act intitled an Act for the further security and better defence of
this Province," passed the fourteenth day of May, in the year of our Lord
one thousand seven hundred and fifty-five ; and also an Act intitled " An
Act to regulate the price and assize of bread," passed the sixteenth day of
March, in the year of our Lord one thousand seven hundred and forty-
nine ; and an Act intitled " An Act for regulating the making of dams or
banks for reserving water, where the same may affect the properties of other
persons," passed the twenty-ninth day of March, in the year of our Lord
one thousand seven hundred and forty-four ; and also an Act intitled " An
Act for the establishment of a market in the parish of St. Philip, Charles-
town, and for preventing ingrossing, forestalling, regrating and unjust
exactions in the said town and market," passed the eleventh day of April,
in the year of our Lord one thousand seven hundred and thirty-nine ; and
an Act intitled " An Act for making more useful Fort Johnson and Fort
Frederick, and the several look-outs that now are, or shall hereafter be,
kept or established near any of the iidets in this Province," passed the
fifth day of April, in the year of our Lord one thousand seven hundred
and forty ; and also a clause relative to boats and vessels passing Fort
Lyttleton, contained in an Act intitled " x\n Act to revive and continue
several Acts and clauses of Acts of the General Assembly of this Pro-
vince, and for amending some of the said Acts in the manner herein men-
tioned," passed the seventh day of April, one thousand seven hundred and
fifty-nine ; and an Act intitled " An Act for rendering and making the
office of a constable more easy and less expensive to the persons appoint-
ed," passed the eighth day of March, in the year of our Lord one thous-
and seven hundred and forty-one ; and also an Act intitled " An additional
Act to an Act intitled an Act for the better regulating taverns and punch
houses," passed the eighth day of March, in the year of our Lord one
thousand seven hundred and forty-one ; and a clause contained in an Act
intitled " An Act for reviving and continuing several Acts of the General
Assembly of this Province therein mentioned," passed the seventh day of
April, in the year of our Lord one thousand seven hundred and fifty-nine,
" impovvering the Governor or Commander-in-chief of this Province, for
the time being, with the advice and consent of his Majesty's Council, to
limit the number of tavern licences to be granted in this Province, when-
ever it shall be necessary ;" and also an Act intitled " An Act to prevent
frauds and deceits in selling rice, pitch, tar, rosin, turpentine, beef, pork,,
shingles, staves and fire wood, and to regulate the weighing of the several
commodities and merchandize- in this Province," passed the seventeenth
day of June, in the year of our Lord one thousand seven hundred and
forty-six ; and an Act intitled " An Act for the better establishing and
regulating of patrols in this Province," passed the seventeenth day of
June, in the year of our Lord one thousand seven hundred and forty-six ; and
also an Act intitled " An Act for licensing hawkers and pedlars and petty
chapmen, and to prevent their trading with indented servants, overseers,
negroes and other slaves," passed the eleventh day of March, in the year
of our Lord one thousand seven hundred and thirty-seven ; and an Act
208 STATUTES AT LARGE
A.D. I~fi5. intitled " An Act concerning masters and apprentices," passed the twenty-
' eighth day of February, in the year of our Lord one thousand seven
hundred and forty ; and also an Act intitled " An Act for the better secu-
rity of this Province against the insurrections and other wicked attempts
of negroes and other slaves," passed the seventh day of May, in the year
of our Lord one thousand seven hundred and forty-three ; and an Act inti-
tled ** An Act for the better ordering and governing negroes and other
slaves in this Province," passed the tenth day of May, in the year of our
Lord one thousand seven hundred and forty ; except such parts of the last
above mentioned Act as w^ere repealed, altered or amended by a subse-
quent Act, intitled " An Act to prevent the inveigling, stealing and carry-
ing away negroes and other slaves in this Province, and to prevent the
carrying away of schooners and pettyaugas, and also for repealing so
much of an Act intitled an Act for the better ordering and governing ne-
groes and other slaves in this Province, as relates to the time in which
offenders that are apprehended shall be tried, and giving the justices and
freeholders a power to postpone the trial of offenders," passed the eleventh
day of May, in the year of our Lord one thousand seven hundred and
fifty-four ; and by another Act intitled " An additional Act and explana-
tory Act to an Act of the General Assembly of this Province intitled an
Act for the better ordering and governing negroes and other slaves in this
Province, and for continuing such part of the said Act as is not altered
or amended by this present Act for the term therein mentioned," passed
the seventeenth day of May, in the year of our Lord one thousand seven
hundred and fifty-one ; and also an Act intitled " An Act for appropriating
the duties imposed by law on goods, wares and merchandizes imported
into, and exported out of, the port of Beaufort, Port Royal, for the tenn
therein mentioned, toward building and keeping in repair a pilot boat or
boats to attend the bar of the harbour of the said port, and for the better
settling and regulating the pilotage of the said harbour, and for appointing
a comptroller and a receiver of the country duties for the said port, and
for obliging all ships and other vessels trading to the said port, to pay
powder money," passed the sixteenth day of May, in the year of our Lord
one thousand seven hundred and fifty-two ; except such parts of the said
Act as relate to the appointment of such comptroller and receiver ; and
an Act intitled " An Act for allowing of discounts, and for repealing all
former Acts and paragraphs of Acts of the General Assembly of this Pro-
vince relating to discounts," passed the seventh day of April, in the year
of our Lord one thousand seven hundred and fifty-nine ; and also an Act
intitled " An Act to restrain and prevent the too frequent sales of goods,
wares and merchandizes by public auction or out-cry in Charlestown, and
for the better regulation of such sales," passed the seventh day of April,
in the year of our Lord one thousand seven hundred and fifty-nine ; and
an Act intitled " An Act for preventing, as much as may be, the spreading
of malignant and contagious distempers in this Province, and for repealing
the former Acts and paragraphs of Acts, heretofore made for that pur-
pose," passed the seventh day of April, in the year of our Lord one thous-
and seven hundred and fifty-nine ; and also an Act intitled " An Act for
the more effectual relief of insolvent debtors, and for that purpose putting
in force and effectually carrying into execution in this Province, such part
of an Act made in the Parliament of Great Britain in the second year of
his present Majesty's reign, intitled " An Act for the relief of debtors with
respect to the imprisonment of their persons," as is thereinafter mention-
ed, and to repeal the several Acts of Assembly now of force in this Pro-
vince for the relief of insolvent debtors," passed the seventh day of April,
OF SOUTH CAROLINA. , 209
in the year of our Lord one thousand seven hundred and iitty-nine ; and A.D. irtio.
an Act iTititled " An Act for establishing and regulating the artillery com-
pany, which was formed out of the militia in Charlestown," passed the
thirty-first day of July, in the year of our Lord one thousand seven hun-
dred and sixty ; and also an Act intitled " An Act for the establishing,
keeping and maintaining a watch company for preserving good orders and
regulations in Charlestown," passed the twenty-fifth day of July, in the
year of our Lord one thousand seven hundred and sixty-one ; and such
part of an Act intitled " An Act for appointing commissioners to lay out
a road or causey over Lynch's Island, situate in Santee River, and for
establishing the ferries therein mentioned," passed the eleventh day of
March, in the year of our Lord one thousand seven hundred and thirty-
seven, as relates to the ferries established by the said Act ; and also an
Act intitled " An Act for amending an Act intitled an additional and ex-
planatory Act, to an Act intitled an Act to impower the several commis-
sioners of the high roads, private paths, bridges, creeks, causeys and
cleansing of water passages in this Province of South Carolina, to alter
and lay out the same for the more direct and better convenience of the
inhabitants thereof," passed the seventeenth day of May, in the year of our
Lord one thousand seven hundred and fifty-one, except such parts of the
same as were repealed, altered or amended, in and by two other subse-
quent Acts, passed the eleventh day of May, in the year of our Lord one
thousand seven hundred and fifty-four, the one intitled " An Act for ascer-
taining the district for cleansing, cutting and keeping in repair the creek
or cut commonly called the Hawl-over," and the other intitled '" An Act
appointing commissioners for repairing and keeping in repaii" the bridge
over Combahee river, from the causey to the town of Radnor, and com-
missioners for rebuilding and keeping in repair the bridge over Wappoo
Creek, in the parish of St. Andrew, and declaring the said bridge, and
Hooper's bridge in the said parish of St. Andrew, to be parish bridges,
and appointing commissioners for the said bridge;" and an Act intitled
" An Act for the better restraining of seamen from absenting from their
service, and for encouraging the apprehending and securing of fugitive
seamen, and to discourage frivolous and vexatious actions at law being
brought by seamen against masters and conmianders of ships and other
vessels," passed the seventeenth day of May, in the year of our Lord one
thousand seven hundred and fifty-one ; and also an Act intitled " An Act
for repealing an Act passed the seventh day of October, in the year of oui"
Lord one thousand seven hundred and fifty-two, amending the sixth and
seventh paragraphs of the Act commonly called the general duty Act,"
passed the twenty-fifth day of July, in the year of our Lord one thousand
seven hundred and sixty-one ; and an Act intitled " An Act appointing
Charles Garth, Esq. agent to solicit and transact the affairs of this Pro-
vince in Great Britain," passed the nineteenth day of May, one thousand
seven hundred and sixty-two, be, and they are hereby declared to be,
revived, continued and enacted, to be of full force and virtue, for and
duiing, and unto the full end and term of three years from and after the
passing of this Act, and from thence to the end of the then next session
of the General Assembly, and no longer.
IL And whereas, several of the said Acts, by the last prorogation of the
General Assembly, on the eighth day of January in this present year, one
thousand seven hundred and sixty-five, became expired, and null and void,
whereby if provision be not made to prevent it, actions and suits at law,
accrued or brought, and defences made or pleaded, and other proceedings
had pursuant to, under or by virtue of the said Acts, or some of them,
VOL. IV.— 27.
210 STATUTES AT LARGE
A. T). 17*55. may be defeated, cliscontinned, annulled or made void and of no force, to
the gi'eat jn-ejudice of many of his JNIajesty's subjects, Be if therefore fur-
ther Otacted by the authority aforesaid, That all suits and actions given,
accrued, commenced or brought under or by virtue of the said Acts, or
any one or more of them, and all defences, pleadings and proceedings had,
made or given, and all other matters and things done by virtue of, or in
consequence of the said Acts, or any one or more of them, antecedent to
the said eighth day of January, and then (before the said prorogation) done
subsisting, existing and continuing of force, shall be, and they and every
of them, are hereby declared to be, in as full force and effect, to all intents,
constructions and purposes whatsoever, as if the said several laws or any
of them had not expired at the time aforesaid, in consequence of the said
prorogation ; any law, usage or custom to the contrary thereof in any wise
notwithstanding.
RAWLINS LOWNDES, Sj)eaker.
In tJie Council Chamher, the 23rd day of Januanj, 1765.
Assented to: WM. BULL.'
Preamble.
No. 937. ^4JV ACT for allowing further time to the Inquirers, Assessors
AND Collectors of the several Parishes and Districts in this
Province, for carrying into execution the General Tax Act,
passed the sixth day of October, in the year of our Lord one
THOUSAND seven HUNDRED AND SIXTY-FOUR, IN THE FOURTH YEAR OF
HIS Majesty's reign.
WHEREAS, by the general tax Act or Act of the General Assembly of
this Province, passed in the fourth year of his Majesty's reign, intitled
" An Act for raising and granting to his Majesty the sum of two hundred
and twenty thousand three hundred and seven pounds seven shillings and
three pence, and applying thirty-four thousand six hundred and twenty-
four pounds thirteen shillings and seven pence, being the balance of several
funds in the public treasury, making together two hundred and fifty-four
thousand nine hundred and thirty-two pounds and ten pence, to defray the
charges of this Government from the first day of January, one thousand
seven hundred and sixty-two, to the thirty-first day of December, one
thousand seven hundred and sixty-three, both days inclusive, and for other
services therein mentioned," it was among other things enacted, that a
tax or sum of two hundred and twenty thousand three hundred and seven
pounds seven shillings and three pence, current money of South Carolina,
should be imposed and levied on the several inhabitants and others inter-
ested in this Province, and should be applied to the use of his Majesty for
the support of this Government, in manner as in the said Act is mention-
ed and directed ; and that all persons whatsoever, living out of the limits
of the parishes of St. Philip and St. Michael, and liable by the said Act
to pay tax, should, on or before the first Tuesday in January, then next
ensuing, render a particular account of their estates, in manner as by the
said Act is directed, to the inquirers and collectors of the several parishes
and places respectively, where the person who was to render such account
lived and resided, at such time and place as the said inquirers and collec-
OF SOUTH CAROLINA. 211
tors, or any of them, should direct and appoint for the doing thereof, so A. D. 1765.
that the same should be done on or before the said first Tuesday in Janu- '^-^'~^^"^'»-^
ary then next ensuing, or by the last Tuesday in the said month of Janua-
ry, otherwise they were to be deemed defaulters, and liable to be double
taxed, as by the said Act is directed ; and also further enacted, that the
incfuirers appointed by the said recited Act for the parishes of St. Philip
and St. Michael, should go once to the several houses of the inhabitants of
the said parishes, of which they should give previous notice in the Gazette,
three weeks before their going to the said houses, and should mquire into
and take an account of the estates of the said inhabitants of the said pa-
rishes of St. Philip and St. Michael, which account the said inhabitants
were obliged to make and return by the said last Tuesday in the said
month of .January, on pain of being double taxed, as the said law directs,
finish their said inquiry, and return the same to the assessors appointed by
the said recited Act for the said last mentioned parishes, in such way and
manner as is directed by the said tax Act, on or before the first Tues-
day m February next, as by the said Act may more fully appear ; and
whereas, by reason of several accidents having happened, the said inqui-
rers and collectors for the several parishes and places in this Province
were not furnished by the public treasurer of the same with printed
copies of the said recited tax Act (agreeable to the former practice,) with-
in such a reasonable time as to have given the said inquirers and collec-
tors an opportunity of publishing the necessary notices for the several
inhabitants of the Province, to make and return to them an account of
their taxable estates, and otherwise conducting themselves agreeable to
the directions and true intent and meaning of the said recited tax Act,
whereby, to prevent disputes, it becomes necessary, that as well the time
for making and returning the said accounts, as the time limited by the
said recited Act for the paying the taxes imposed by the tax Act afore-
said, and in other respects caiTying the said Act into execution, should
be enlarged ; we therefore humbly pray his most sacred Majesty that it
7iiay be enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief of this Province of South Carolina,
by and with the advice and consent of his Majesty's Council and the
Commons House of Assembly of the said Province, and by the authority
of the same. That the time limited in and by the said recited tax Act, for Extension of
all persons living and residing out of the limits of the parishes of St. f™?„ '^ „
Philip and St. Michael, to make and render a particular account oi their
taxable estates in manner as by the said Act is directed, shall, and the
same is hereby enlarged to the first Tuesday in April next, and also
the time limited in and by the said lecited Act, for the inquirei'S for
the parishes of St. Philip and St. Michael to go once to the several
houses of the inhabitants of the said parishes, and for their giving notice
three weeks in the Gazette of such their going for the purposes mention-
ed in the said Act, and for their finishing their said inquiry and returning
the same to the assessors in such way and manner as is directed by the
said tax Act, shall, and the same is hereby enlai'ged to the first Tues-
day in April next ; and the time also limited by the said Act for the
double taxation of defaulters, in manner therein mentioned, shall, and
the same is hereby enlarged to the second Tuesday in April next.
II. And whereas, the enlarging the times limited by the said Act for
the purposes aforesaid, in manner, as herein before mentioned, makes it
necessary and expedient that the different periods of times also limited by
the said recited Act, as well for the assessors and collectors of the parishes.
21"?
STATUTES AT LARGE
A.n. 17(;5. of St. Philip and St. Michael to meet, sit and finish their calculation of
^--^^'^'^^^^-^ the value of the estates in the said parishes, giving notice thereof and oth-
erwise conductuig themselves in this respect as by the said recited Act is
directed and required, as also for the several inhabitants of the Province
to pay in their several and respective taxes, agreeable to the said tax Act ;
and for the said collectors and assessors to close their accounts and finally
settle with the public treasurer agreeable to the said Act, should be also
further enlarged, Be it therefore further enacted by the authority aforesaid,
aUovved asses- That the time limited in and by the said recited Act, for the meeting of
sorsaiidcoUec- the said town assessors and collectors in manner as aforesaid, and for the
tors to make purposes aforesaid, shall, and the same is hereby enlarged to the first
Tuesday in April next ; and that the time limited as aforesaid for their
finishing and completing the said calculation of the value of the estates in
the said parishes of St. Philip and St. Michael, shall, and the same is here-
by enlarged to the last Tuesday in June next; and the time for the said in-
habitants living and residing out of the said limits of the said parishes of St.
Philip and St. Michael paying in their taxes, as by the said Act is requir-
ed, shall, and the same is hereby enlarged to the first Tuesday in June
next ; and also the time limited by the said Act for the inhabitants of the
said parishes of St. Philip and St. Michael paying in their taxes, agreeable
to the said recited tax Act, shall, and the same is hereby enlarged to the
first Tuesday in July next ; and the time also limited by the said Act for
the inquirers, collectors and assessors for the several parishes within
this Province, closmg their accounts, and delivering the same on oath to
the public treasurer for the time being, and paying him all such monies as
shall be by them respectively received, (after retaining thereout such com-
missions as are respectively allowed them by the said Act,) shall, and the
same is hereby enlaiged, to the first Tuesday in August next.
III. And be it also enacted by the authority aforesaid, That the several
inquirers, collectors and assessors appointed by the said Act, or such as
have been or may be appointed by his honor the Lieutenant Governor, or
Commander-in-chief for the time being, pursuant to the powers and
authoritys given in and by the said Act, in the room of others dying,
going off the Province or refusing to act, and each and every of them
shall, and they, each and every of them, are hereby directed and requir-
ed, to pursue and execute the said recited Act in every respect, except
as to the different periods of time enlarged by this present Act in man-
ner aforesaid ; and all persons concerned therein shall be liable and
bound thereby in like manner, and as fully and effectually, to all intents
and purposes, as if the same had been or were executed within the re-
spective times in that behalf limited by the said recited tax Act ; any
thing therein contained to the contrary notwithstanding.
RAWLINS LOWNDES, Speaker.
In the Council Chavihcr, the \st day of February, 1765.
Duties of the
inquirers,
assessors, tfcc,
Assented, to
WILLIAM BULL.
Preamble.
OF SOUTH CAROLINA.
^JV ACT TO IMPOWER THE PERSONS THEREIN NAMED TO SELL AND No. 938.
DISPOSE OF A TRACT OF LAND ON WaDMELAW IsLAND, THEREIN MEN-
tioned, and to purchase another tract for the use of the
Minister or Pastor of the Meetiivg House on John's Island.
WHEREAS, Joseph StanyaxTie, James Carson, John Freer, Henry
Livingston and Hugh Wilson, by their humble petition to the General
Assembly, setting forth, that on or about the twenty-fourth of December,
one thousand seven hundred and fifty-four, they purchased from Robert
Turner a piece or parcel of land, (and the buildings thereon,) containing
two hundi"ed and twelve acres, situate on Wadmelaw Island, in Colleton
county, for the use of the pastor or minister of the meeting house on
John's Island, as a glebe and parsonage, but that they find the same very
inconveniently situated, as well for the minister as the inhabitants frequent-
ing the said meeting house for the public worship of God ; and that
although the old buildings thereon might be sold to great advantage, they
cannot dispose of the premises and purchase a glebe and parsonage with-
out leave of the said General Assembly, and prayed that a law might be
passed to enable them to sell and dispose of the said land, and with the
monies arising therefrom, to purchase a glebe and parsonage in such place
as to the said trustees, or any three of them, shall seem most convenient
and advantageous to the minister and inhabitants resorting to the said
meeting house ; we therefore humbly pray his most sacred JNIajesty that it
may be enacted,
I. And be it enacted, by the Honourable William Bull, Esquire, Lieu-
tenant Governor and Commander-in-chief in and over the Province of
South Carolina, by and with the advice and consent of his Majesty's
Council and the Commons House of Assembly of the said Province, and Trustees im-
bv the authority of the same, That it shall and may be lawful for the said pojered to sell
1 r-i nIT r-1-1 ^"'^ dispose Ot
trustees, or any three or more ot them, to sell and dispose ot the said old glebe and
tract of land and the buildings thereon, to any person or persons whatso- pu^'cliase new.
ever, at the best price that may be had for the same, and to execute con-
veyances thereof to the said purchaser or purchasers in fee simple ; and
they are hereby impowered, with the money arising from such sale, to
purchase a glebe or parsonage, in such place as they shall think proper,
and to receive and take a conveyance for the same in trust, and to and for
the uses of the ministers for the time being, of the said meeting house,
forever.
RAWLINS LOWNDES, Speaker.
In the Council Chaniher, the Gth day of AjpriT, 1765.
Assented to: WM. BULL.
AN ACT to promote and caiTy more fully into execution "An Act iVo. 939.
to incorporate the Winyaw Indico Society," now of force in this
Province.
(Passed April 6, 1765. Hee last xioluTne.)
STATUTES AT LARGE
JVo. 940. -^^^ ACT Fon raisi.^g and gkanting to his Majesty the sum of onk
HUNDRED AND TWO THOUSAND NINE HUNDRED AND TWENTY-SEVEN POUNDS
TWELVE SHILLINGS AND THREE PENCE, AND APPLYING THIRTY THOU-
SAND TWO HUNDRED AND SEVENTY POUNDS EIGHT SHILLINGS AND KIKE
PENCE, (being the BALANCE OF SEVERAL FUNDS IN THE PUBLIC TREA-
SURY,) MAKING TOGETHER ONE HUNDRED AND THIRTY-THREE THOUSAND
ONE HUNDRED AND NINETY-EIGHT POUNDS AND ONE SHILLING, TO DEFRAY
THE CHARGES OF THIS GOVERNMENT FROM THE FIRST DAY OF JaNUARY,
TO THE 3 1st day OF DECEMBER, 1764, BOTH DAYS INCLUSIVE, AND FOR
OTHER SERVICES THEREIN MI.NTIONED.
WHEREAS, by a schedule made of the charges of this Government
for the year one thousand seven hundred and sixty-four, and for other ser-
vices in the said schedule mentioned, it appears that the sum of one hun-
dred and thirty-three thousand one hundred and ninety-eight pounds and
Preamble, one shilling will be wanting for those purposes, for defiaying whereof, we,
his Ma-jesty's most dutiful and loyal subjects, the Commons House of
Assembly of this Province, have cheerfully given and granted and do here-
by give and grant unto his most sacred Majesty the said sum of one hundred
and thirty-three thousand one hundred and ninety-eight pounds one shilling,
to be raised, levied and applied in the manner and to the uses, intents and
purposes in this Act hereafter specified, limited and appointed, and to
and for no other use, intent or purpose whatsoever ; we therefore humbly
pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief of the Province of South Carolina, by
and with the advice and consent of his ^.Majesty's Council and the Com-
A tax of £102-"^ ''^^^ House of Assembly of the said Province, now met in General
927, 128. 3d. to Assembly, and by the authority of the same. That a tax or sum of one
be levied. hundred and two thousand nine hundred and twenty-seven pounds twelve
shillings and three pence, curi'ent money of South Carolina, be imposed and
levied on the several inhabitants and others interested in this Province ;
which, with the sum of thirty thousand two hundred and seventy pounds
eight shillings and nine pence, being the balance of several funds in the
public treasury, shall be applied to the use of his Majesty, for the support
of this Government, in manner as is hereinafter mentioned.
IL And for the more certain and effectual levying of the said sum of
one hundred and two thousand nine hundred and twentyseven pounds twelve
Rateoftaxa- shillings and three pence. It is hereby etiacted and declared, That the sura
*'""• of seventeen shillings and six pence current money per head shall be levied
on all negroes and other slaves whatsoever^ within the limits of this Pro-
vince ; and the sum of seventeen shillings and six pence per hundred acres
on all lands throughout the said Province, town lots excepted ; and the
sum of eight shillings and nine pence per centum on the value of every
such town lot, wharf and buildings, and other lands within the limits of
any town, village or borough, in this Province ; the bounds of Charlestown
to extend as far as the new fortifications from Ashley river to Cooper river;
and the sum of eight shillings and nine pence on every hundred pounds
owing to any person on bond or other specialty or note of hand bearing
or including interest, over and above what they pay interest for ; and at
the rate of one pound and fifteen shillings per centum on all monies arising
OF SOUTH CAROLINA. 215
from annuities ; and the sum of seventeen shillings and six pence per head A.D. 1765.
on all free negroes, mulattoes and mestizoes, from ten to sixty years of age, ^-^^v^^-^
who pay no other part of the taxes imposed by this Act ; and the sum of
eight shillings and nine pence per centum on every person's stock in trade,
(that is to say) wares, merchandizes and book debts of persons in trade,
shopkeepers and others ; and the like sum of eight shillings and nine
pence per centum on the profits of all faculties, professions, (the clergy
excepted,) factorage and handicraft trades, throughout this Province ; to
be ascertained and rated by the several and respective assessors and
collectors hereafter named, according to the best of their knowledge and
information : Provided, that nothing herein contained shall be extended seu\ers°ex-^
to oblige the new settlers in any part of this Province to the payment empted.
of any part of the said tax for their lands granted to them of his Majesty's
bounty, who shall make oath before the collector of the tax in the re-
spective parish where such new settler resides, that he settled himself
in this Province upon the encouragement given him by this Government,
and hath not resided ten years in this Province ; but such new settlers
shall pay tax for their slaves and monies at interest, as other inhabi-
tants do.
III. And be it also enacted by the authority aforesaid. That all per-
sons whosoever, living out of the limits of the parishes of St. Philip and Taxables to
St. Michael, who are possessed of any lands, slaves or moneys, for which render an ac-
they receive interest in this Province, (lands whereon any churches or other p°""g|."y ^^j^**^
buildings for divine worship, or for free schools, are erected or built, and all oath,
slaves appurtenant to or going with such churches or lands, and all moneys
appropriated for charitable uses, always excepted,) either in their own right
or in the right of any other person, or are liable to pay any tax by virtue
of this Act, shall, on or before the first Tuesday in January next ensuing,
render a particular account thereof in writing, upon oath or affirmation,
and in what parish the said lands and slaves are, to the best of his or her
knowledge, to the inquirers and collectors of the several parishes and
places respectively where the person who is to render such account does
live and reside, at such time and place as the said inquirers and collectors,
or any of them, shall direct and appoint for the doing tliereof, so that the
same be done on or before the first Tuesday in January next ; which oath
or affirmation shall be in the words following, viz: " I, A B, do swear or Form of the
affirm, (as the case shall be) that the account which I now give in is a just °^
and true account of all the land, slaves and moneys that I have upon bond
or other specialty, or note bearing or including interest, (which I believe
to be good,) over and above what I pay interest for, and annuities which I
am possessed of, interested in or entitled unto, either in my own right or
in the right of any other person or persons whosoever, as guardian, execu-
tor, attorney, agent or trustee, or in any other manner whatever, according
to the best of my knowledge or belief; and this I declare, without any
equivocation or mental reservation whatsoever : So help me God." Which
oath or affirmation the several inquirers and collectors appointed by this
Act are hereby fully authorized, enjoined and required to administer.
IV. And be it also enacted by tlie authority aforesaid. That all and
every person and persons whosoever shall be obliged to make return of his soTsrefLisine or
or her lands, slaves or monies at interest, in the country, over and above neglecting to
what he or she pays interest for, and of his or her annuities, to the "^^^^ returns,
inquirers and collectors for the parish or district respectively where such
person lives or I'esides, and pay the tax thereon to the said inquirers and
collectors. And the inquirers and collectors of all and every the parishes
and districts respectively, shall be, and they are hereby, authorized, im-
216 STATUTES AT LARGE
A.D.47fi5. powered and required, to issue executions against all and every person or
^-~^^'^''^^*^ persons in their respective districts who have not paid their just proportions
of the preceding tax.
V. And whereas, there are divers tracts of land, slaves and monies at
Auoniies and interest in this Province, held, owned or claimed by persons not resident
trustees of ab- ^gj-g who pay no taxes or other char^-e toward the suiiport of the Gov-
sent persons p i • t-. • t> • ? /• 711 1 • c • t
owning: lands ernment oi this Province, Be it t/iere/are e?tacti'd by the authoritv aioresaid,
ill the province. That all attorneys and trustees of or for any person or persons living with-
on the samer*^^ ^^^ ^^^^ limits of this Province, shall make due and true return to the re-
spective inquirers and collectors for the parish or district where such
attorney or trustee lives or resides, of all lands, slaves, and moneys at inte-
rest, belonging to such absent persons, for whom they are attornies or trus-
tees ; and that such attornies or trustees shall be subject and liable to pay
the tax to become due by virtue of this Act, for-such land, slaves or monies
at interest, out of his and their own proper estate, notwithstanding such
attorney or trustee may renounce or disclaim acting as such before the said
tax is levied, unless such attorney shall make oath before the said collector
respectively that he hath bona fide renounced his power and attorneyship,
before the payment of the said tax becomes due, without having done it
only with an intention to avoid the payment of the said tax. Provided
Proviso. always, that if such attorney shall, within one year next after such oath
made, again become attorney or trustee for such absent person, or act as
such, every such attorney shall be liable to pay the said tax, as is herein-
before directed, any thing herein to the contrary notwithstanding; and for
levying whereof the same remedies shall be and are hereby given as for
levying the tax to become due by virtue of this Act on the proper estate
of such attorney or trustee. And the inquirers and collectors of the sev-
eral parishes respectively where any lands lye which are held or owned by
In lirers d ^"Y PG^'^on or persons not resident in this Province, or the public treasurer
collectors may foj' the time being, shall be, and they and he is hereby authorized and im-
leasesuch land powered, directed and required, to sell and dispose of any timber, lijjht-
ber &c. wood or other wood, thereon standing, growing or being, to the amount or
value of the tax such lands are liable to pay by virtue of this Act ; or,
after six months public notice given in the Gazette for that purpose, to let
to farm all or any part or parcel of such lands, without impeachment of
waste, to any person or persons whosoever, for any term or time not
exceeding twenty-one years, till the lents arising thereby shall be sufficient
to pay the said tax and the taxes to be imposed on such lands during the
said term, at the election of such inquirers or collectors or the public trea-
surer, unless any person shall tender and pay the tax money for such lands
before such leases shall be made ; and all and every sale of such timber,
lightwood or other wood, and leases of such lands as aforesaid, shall be, and
they are hereby declared, good and valid, to all intents and purposes
whatsoever, any law, statute, usage or custom to the contrary in any wise
notwithstanding,
VI. Afid be it also enacted by the authority aforesaid. That in case any
tract or tracts of lands shall be found by the inquirers or collectors to be-
Lands of ab- long to any person or persons living or residing out of the limits of this
sent owners, for Pj.Qyij^(.g^ a^jj^j who have no attorney or attornies, trustee or trustees, legally
are not paid in constituted, in this Province, then and in such case the inquirers, assessors
two years after or Collectors shall be and they are hereby authorized and required to charge
dec lare^d forfeit ^^^ ^'^^^ lands rateably and proportionably, according to the quantity of
acres, and as if the same were in the actual possession of some person or
persons living or residing within this Province, and forthwith to publish
and give notice of such their charge and assessment in the Gazette ; and in
OF SOUTH CAROLINA. 217
case the sum or sums of money wirli whicli such lands shall be so charged A.D. 17G5.
as aforesaid, and the lawful interest thereof, from time to time, of the -^-^^•'^^•^
assessment made, shall not be paid to the inquirers, assessors or collectors,
or to the public treasurer or receiver of this Province, w^ithin two years next
after notice shall be given as aforesaid, that then such lands shall be forfeited
to his Majesty, and shall be deemed and taken as vacant lands ; any law,
statute, usage or custom to the contrary thereof in any wise notwithstandino-.
VII. And be it enacted by the authority aforesaid. That the several
persons hereafter named shall be inquirers and collectors for the several
parishes and districts hereinafter mentioned respectively, viz. for the inquirers and
parish of Christ Church, George Baxtell and David Bachelor ; for the collectors
parish of St. James Goose Creek, Zachariah Villepontoux, John Filbri ''^P'"'""'"
and Thomas Smith ; and for that part of St. James Goose Creek near
Amelia Township, John Burdell ; for the parish of St. John, Berkley
county, Peter Goudine, Charles Dudley and Elias Ball of Hyde Park;
for the parish of St. George Dorchester, John Bulline, Benjamin Waring
and John Edwards ; for the parish of St. Thomas and St. Dennis, John
Harlston, (son of C apt. John,) John Akin and John Heskett ; for the
parish of St. Andrew, James Island excepted, Thomas Elliott, senior, and
Edward Legge ; for that part of the said parish called James Island, Jas.
Screven : for the parish of St. John, Colleton county, viz. for John's Isl-
and, William Stanyarne and Thomas Arnold ; for Wadmelaw Island, Wil-
liam Sams; for Edisto Island, William Eddings; for the parish of St.
Paul, viz. for Stono and the east side of Pon-pon, John Mitchell, Richard
WiUiamson and James Fitch ; and for Beach Hill, in the said parish,
Benjamin Perry ; for the parish of St. Bartholomew, Gideon Dupont, Jr.,
and Thomas Ford ; for the upper district of St. Bartholomew, to wit, the
north and west of the Black Creek and the main waters of the Great
Swamp, directly across to Pon-pon River, George Rents and Jonathan
Donnon ; for Combee and Chehaw, in the said parish, Henry Hyme and
Peter Girardeau s, for the parish of St. James Santee, Thomas Evans and
James Culloden; for the parish of St. Stephen, Charles Richbourg and
Thomas Greenland ; for the parish of Prince George Winyaw, John
Skrine and John Postell -, and for the Welsh Tract, ll^laudias Pegues ;
for the parish of Prince Frederick, James Frierson, junior, ' Francis
Goddard, Abraham McCord, junior, and John Allston ; for the
parish of St. Mark, Claudias Richbourg, Richard Richardson, junior,
John Chesnut and John Cook ; for the parish of St. Helena, Port Royal,
William Hope, William Hazzard and Benjamin Chaplin ; for the parish .
of St. Peter, Purrysburgh, Thomas Camber and Adrian Meyer; for the
parish of Prince William, William Maine and Elijah Prioleau ; for the
town and township of New Windsor, upon Savannah River, Stephen's
Creek and parts adjacent, George Galphin ; for the township of Amelia
and adjacent places, Thomas Piatt ; and for Orangeburg, with the fr)rks
of Edisto River and the adjacent places, Gaven Pou;"for the township
of Saxe-Gotha and the forks between the Congree and Wateree Rivers,
and adjacent places, John Macord and Isaac Ross ; for Broad River, Rob-
ert Hencock, Thomas Watts, Thomas Hughes and Richard Jtenkins'; and
for the forks of Broad and Saluda River, and for the north side of Broad
River and forks of Little River, Samuel Aubrey, Edward Muscrrove,
WilUam Turner and James Cobb. ^
yill. And be it also enacted by the authority aforesaid. That William
Fair, Caleb Lloyd and Joshua Lockwood, be, and they are hereby ap Assessors, &.c.
pointed inquirers for the parish of St. Philip and St. Michael; and that ^It^MkhLl
John Lloyd, William Savage, John Snelling, George Bedon and Benja-
VOL. IV. — 28. "^
n^
STATUTES AT LARGE
A.D.17G5.
Taxes on real
estate, <fcc.
When to be
paid.
Penalty for
concealment.
When deemed
a defaulter.
Inquirers to
give previous
notice of their
intention to call
on the inhabi-
tants to make
returns.
mill Baker be, and they are hereby appointed assessors and collectors
for the said parishes of St. Philip and St. Michael.
IX. And he it also enacted by the authority aforesaid, That all persons
whosoever living without the limits of the parishes of St. Philip and
St. Michael, who are possessed of any lands, slaves, monies at interest, or
annuities in this Province, in their own right or in the right of others, or
are any ways liable to pay tax by virtue of this Act, shall pay in their tax-
es to the several persons hereby appointed to receive the same, on or before
the first Tuesday in April then next ensuing ; and the collectors shall give a
receipt, if required, to the person paying the same, such person writing
such receipt ; and the said inquirers, assessors and collectors for the seve-
ral parishes respectively, within this Province, shall close their accounts
and shall deliver the same on oath to the public treasurer for the time being,
(who is hereby impowered and required to administer such oath,) and pay
him all such monies as shall be by them respectively received, after retain-
ing two pounds per centum for all such monies paid by the country collec-
tors, and one pound per centum for all monies paid by the collectors of
Charlestown into the hands of the public treasurer, in pursuance of this Act,
on or before the first Tuesday in May then next ensuing ; and the inquirers,
assessors and collectors of each parish or district, shall make their return
of such district respectively, to the said treasurer, at one and the same
time ; and the said inquirers a,nd collectors for each parish or district with-
out the limits of St. Philip and St. Michael, shall give an account in writing,
upon oath as aforesaid, of their own lands, slaves, monies at interest and
annuities, after the manner aforesaid, to the said treasurer, and pay him the
taxes thereon, according to the rates by this Act appointed.
X. And be it also enacted by the authority aforesaid, That if any
person or persons, in giving in or rendering his or her account of mo-
nies at interest, annuities, lands or slaves, shall wilfully conceal any part
thereof, all such persons shall forfeit five times the value of the tax for
what they so conceal.
XI. And be it also enacted, by the authority aforesaid, That any person
neglecting or refusing to give in his or her account of monies at interest,
annuities, lands or slaves to the inquirers, assessors and collectors afore-
said respectively, at such time and place as they shall appoint, or by the
last Tuesday in January next at farthest, he or she shall be deemed a de-
faulter, and shall be by the inquirers and collectors doubly taxed for all his
or her money at interest, annuities, lands and slaves.
XII. And he it enacted by the authority aforesaid. That the inquirers
for the parishes of St. Philip and St. Michael, are hereby ordered and di-
rected, to go once to the several houses of the inhabitants of the said
parishes, of which they shall give previous notice in the Gazette three
weeks before they go to the said houses, and to inquire into and take an
account of all the real estates, and particidarly in what parts of the said
town the several lots of land are situate, and of the slaves, annuities
and money at interest of the said inhabitants, which they shall be possess-
ed of, interested in or intitled unto in their own right, or in the right of
any other person whatsoever, lying or being in the said parishes ; and of
all the lands and slaves which the said inhabitants are possessed of in their
own right, or in the right of any other person without the limits of the said
parishes, or in any other part of the Province ; and the account of the real
estates, slaves, money at interest, and annuities of the said inhabitants
shall be returned to the said inquirers upon oath, in the manner herein
before directed ; and the said inquirers shall make and finish their inqtiiry
and return the same to the assessors hereby appointed for the said parish-
OF SOUTH CAROLINA. 219
es, on or before the lirst Tuesday in February next; and the said inqui- A.D. 17G...
rers shall likewise extract and certify to the said assessors, all the lands "^-'''~^^"^*-^
and slaves given in to them by the owners and inhabitants of the said
parishes without the limits of the said parishes of St. Philij) and St.
Michael, and also the annuities and monies at interest Avhich shall
be returned to them by any inhabitants of the said parishes in trust,
for persons living in the country ; and all lands and slaves without
the limits of the said parishes of St. Philip and St. Michael, annuities and
money at interest, returned in trust for persons living in the country, shall
be reckoned as part of the country tax ; provided always, that nothing Proviso,
herein contained shall extend, or be construed to extend, to give the said
assessors any power or authority to rate or assess any goods, wares (jr mer-
chandizes consigned immediately to any merchants or factors in this Pro-
vince, to dispose of as factors only, or any lands, houses or money set apart
for pious or charitable uses.
XIII. And he it also enacted by the authority aforesaid, That every per-
1 T -11 1 IT 1 * 1 • ..J 1 Persons over-
son who shall have reason to believe he or she is over -rated, or whose j-gtej ,iij,y
attorney or attorneys, have reason to believe he or she is over-rated for the swear off the
profits of his or her handicraft, trade, employment, factorage, faculty or °^''^''P'"^'
profession, or for his or her stock or houses and lands, by such assessors,
shall have ten days public notice given by the assessors or collectors at
the guard house in Charlestown, and at any other public place in the coun-
try for that purpose, to swear off so much as he, she or they, or his or their
attorney or attorneys, shall think they are over-rated, before the said asses-
sors or collectors as aforesaid ; and the said assessors or collectors, or any
one of them, are hereby impowered to administer such oath and to allow
an abatement accordingly.
XIV. And he it also enacted by the authority aforesaid. That the asses-
sors and collectors for Charlestown, upon receiving the return from the Oath to be ad-
1 Ti n • • 1 1 V n ■ 1 • 11 "v AT) ministered by
inquirer^, shall administer to them the iollowing oath, viz : lou, A. -d., assessors
C. D. and E. F., do swear that the account you now give in is a just and and collectors
true account of all the real estates, slaves, annuities and monies at interest ^*''^''*"*J""'^"-
of the several inhabitants of the parishes of St. Philip and St. Michael ;
and also of all the real estates, slaves, annuities, monies at interest, return-
ed to you by the said inhabitants which are belonging to persons not resi-
dent in either of the said parishes, according to the best of your knowledge :
So help you God."
XV. And he it also enacted, by the authority aforesaid. That the said
in, . ' J ..••»• ti Inquirers to re-
mquirers shall at the same time render an account m writing upon oath as turn their own
aforesaid, to the said assessors and collectors, of their own real estates and property on
slaves, annuities, and monies at interest in this Province ; and any three of °*^^-
the said assessors and collectors shall be a quorum, ,and shall meet at the
State House in Charlestown the first Tuesday in February next, and
there continue to sit until they have finished the calculation of the value of
the estates in the said town and within the limits as aforesaid, or to adjourn
to any other place in the said town as they see fit ; and the said asses-
sors shall finish and complete the said calculation of the value of the es-
tates in the said parishes of St. Philip and St. Michael, on or before the
last Tuesday in April then next, and shall cause a duplicate thereof to be
posted at the guard house in Charlestown, in seven days after the calcula-
tion shall be closed ; and they shall give previous notice, twice at least, in
the Gazette, of the time when such duplicate shall be posted ; and the
said assessors and all the other assessors and collectors for the several ^oi^g^tors to
parishes in the country, before they enter upon the execution of their said take an oath,
office, shall take the following oath before one of his Majesty's justices of
:^20
STATUTES AT LARGE
A. D.17C5.
Monies to be
paid over to
public trea-
surer.
Quota of taxes
to be raised in
St. Philip and
St. Michael.
Penalty on nest-
led or refusal
to pay taxes.
Form of the
warrant.
the peace, who shall give them a certificate thereof gratis : " I, A. B., do
sincerely swear, that I will indifferently, equally and impartially rate
and assess all and every person, according to the full value of what I
believe every such person is worth, and the directions given to me by
this Act, according to the best of my skill and knowledge : So help me
God."
XVI. A/id be it enacted. That every person so assessed by the said
assessors, for the parishes uf St. Philip and St. Michael, shall pay into the
hands of the said assessors the several sums of money on them respectively
assessed, on or before the last Tuesday in May then next; and the said asses-
sors and collectors shall pay to the public treasurer all such sum and sums
of money as shall be by them respectively collected, retaining their com-
missions as aforesaid.
XVII. And be it enacted, That the sum of one thousand nine hundred
and fourteen pounds and fifteen shillings, appointed by the schedule to
this Act annexed, to be paid by the inhabitants of the parishes of St.
Philip and St. Michael, shall be added to the sum to be collected for the
poor rates, and shall be raised, collected and levied by the same persons
and in the same way and manner as the poor rates are raised, collected
and levied on the inhabitants of, and others interested in the said parishes,
and shall be by the said persons paid into the hands of the public
treasurer.
XVIII. And be it also enacted, by the authority aforesaid. That m case
' any person whosoever, shall neglect or refuse to pay in his, her or their
tax, at the days and times hereinbefore mentioned and appointed for the
payment thereof, the inquirers and collectors respectively shall, immedi-
ately after ten days is fully elapsed, without further delay, levy the same, by
virtue of a warrant by them or any of them to be signed and sealed for
that purpose, which warrant shall be directed to the constable or consta-
bles living nearest the place where such defaulter lives or resides, requir-
ing him to levy the same by distress and sale of the defaulter's goods,
returning the overplus, if any there be, to the defaulter, upon deducting
the reasonable charges; or shall not make oath before the collector, that he
has not, directly or indirectly, conveyed away or removed his said goods or
effects, whereon the money so assessed might be levied, to avoid payment
of the said tax, and that he is not able to pay the same, which oath the
said collectors are hereby respectively authorized and impowered, if ne-
cessary, to administer ; and if no such distress can be found, and the de-
faulter shall neglect or refuse to produce goods or effects whereon the
moneys so assessed may be forthwith levied, then the said constable or
constables, by virtue of the said warrant, shall take the body of such de-
faulter and convey him to the common goal in Charlestown, which warrant
shall run in these words, mutatis mutandis, viz :
" A. B., C. D., E. F., collectors of the general tax for the parish or
precinct of , in county : To G. H., constable of the parish
or precinct of , or to the provost marshal of the Pi'ovince of South
Carolina, or to his lawful deputy. Whereas, J. K. hath been duly assess-
ed by us the subscribers, collectors of the tax for the parisli or })recinct
of , the sum of , for tax, for defraying the charges
of the preceding year, ending the thirty-first day of December, one
thousand seven hundred and sixty-four, which hath neglect-
ed to pay : these are, therefore, in his Majesty's name, strictly to charge
and command you, to levy by distress and sale of the goods and chattels
of the said J. K., the said sum of , together with the charges
thereof; and m case the said J. K. shall refuse or neglect to produce
OF SOUTH CAROLINA. 221
goods er chattels sufficient to levy the said distress and the charges ^jj;^
thereon, that then you take the body of the said J K. and con-
vey to the common goal in Charlestown, commandmg you, the keeper
of the said iail, to detain the body of the said J. K. m your custody
until shall pay the said sum of , together with the charges
of keeping and detaining as aforesaid ; and for so doing, this shall be your
sufficient warrant. Given under our hands and seals this — — — day
of , Anno Domini . A. B., C. D., L. b.
And the provost marshal shall detain such person m the goal aforesaid,
without bail or mainprize, until the debt and charges aforesaid shall be
satisfied ; and the constable and constables to whom such warrant shall be Fees of
directed, shall take from the defaulter the following fees m the execution ■ ' '
of their office, viz : for serving every execution, six shilhngs ; and for
every pound to be levied as aforesaid, one shilling ; and one shilling and
three pence for every mile, to be computed from the dwelling house of
such constable to the house or place of residence of such defaulter ; tor
the constable's returning home or canying such defaulter to the common
^oal, and from thence returning home, and mileage, at the same rate ; and no
more or any other fee whatsoever ; and the assessors and collectors res-
pectively, for every such warrant he or they shall issue, shall have from
such defaulter ten shillings current money.
XIX. And be it also enacted by the authority aforesaid, 1 hat it any
taxable person shall neglect to give an account as aforesaid of his or her Penal ty^tor^^^
estate to the said inquirers and collectors, by the time before limited m ^^^^ ^c.
this Act, or shall omit or neglect to pay either his or her own tax, or the
tax to be assessed by virtue of this Act, on any person for whom he or she
is guardian, executor, attorney or trustee, by the time before limited, the
said collectors respectively, where such taxable person lives, are hereby
impowered and required to issue their warrant in the same manner as
above directed ; and in case the said assessors and collectors shall not have
a just information what such person's tax doth amount to, the said wanant
shall run for double what they shall judge such person ought to be rated,
and shall be dealt with in all other respects as a defaulter.
XX And be it enacted, That the public treasurer shall have full and
ample power in all respects, for collecting and getting in an-ears of taxes Powe^r^ot^the^
which are or were due, by any former law or Act of Assembly ; and the same ^^..^
may be recovered by virtue of a wairant, under the hand and seal of the
pubhc treasurer for the time being, directed to the provost marshal or any
constable for the county wheie such arrears of taxes are to be collected,
which waiTant shall run in the same manner as is directed to be done by
the assessors and collectors against defaulters.
XXI. And be it also enacted by the authority aforesaid. That m case
any person shall happen to die between the time of giving in his account ^^^.^^ ^^■
to the said inquirers and collectors and the paying of his tax, and any goods departing,
or chattels of the deceased, to the value of the sum he was assessed at,
shall come into the hands of his executor or administrators, or any execu-
tors in their own wi-ong, such executor or administrators shall pay the same
by the time before hmited, prior to all judgements, mortgages and debts
whatsoever, or otherwise a warrant or execution shall issue against the
proper goods of such executor or administrators; and if any person, be-
tween the time of rendering the account of his or her estate, to the inqui-
rers and collectors as aforesaid, and the time of paying in his or her tax,
shall be about to depart this Province, the said assessors and collectors are
hereby directed and required forthwith to levy the same, notwithstanding
the day of payment is not then already come, unless such persons wUl find
222
STATUTES AT LARGE
A. 1). 17G5,
Fraudulent
conveyauces.
Mortgagee lia-
ble to pay tax.
Penalty on offi-
cers for neglect,
Inquirers,
assessors, &c.
dying or
departing.
Public Trea-
surer impower-
ed to grant
executions.
And to give
certificates.
sureties to the liking of the said collectors and assessors for the payment
thereof at the time appointed.
XXII. And be it also enacted by the authority aforesaid, That all
deeds of gift, conveyances, mortgages, sales and assignments of lands
and tenements, goods and chattels of any person whoever, made vs^ith an
intent to avoid being assessed or paying tax, are hereby deemed and de-
clared to be fraudulent, null and void, to all intents and purposes what-
soever.
XXIII. Ajtd be it also enacted by the authority aforesaid, That in
case any person who has mortgaged any part of his estate, real or person-
al, shall refuse or neglect to pay tax for the same, the mortgagee shall be
answerable and liable to pay the sums assessed on the mortgagor ; pro-
vided, that such estate shall be in the possession of the mortgagee.
XXIV. And be it also enacted by the authority aforesaid. That the
public treasurer, inquirers, marshal, constables and every other magistrate
and officer, or any or either of them, who shall neglect or refuse to do and
perform the several matters hereby required of them respectively to be
done within the time prescribed by this Act, shall, for every such neglect
or refusal, forfeit the sum of fifty pounds proclamation money ; and the
several assessors and collectors, or any or either of them, who shall neglect
or refiise to do and perform the several matters hereby required of them
respectively to be done within the time prescribed by this Act, shall, for
every such neglect or refusal, forfeit the sum of three hundred pounds
proclamation money, to his Majesty, for the support of this government,
to be recovered in any court of record in this Province.
XXV. And be it also enacted by the authority aforesaid. That in case
any of the inquirers, assessors and collectors before mentioned, shall hap-
pen to die, refuse to act or depart this Province before the powers and
authorities hereby given them are executed, then his honor the Lieutenant
Governor, or the Commander-in-chief for the time being, is hereby impow-
ered from time to time, so often as occasion shall require, to nominate and
appoint one or more fit person or persons in the room of him so dying,
refusing to act or departing this Province ; and the person and persons so
appointed, shall have the same powers and be under the same penalties
as the inquirers, assessors and collectors hereby nominated.
XXVI. And be it also enacted by the authority aforesaid. That the public
treasurer, and the public treasurer for the time being, be, and is hereby
impowered and required, to grant immediate executions against all former
constables and collectors of taxes, and collectors and assessors for the time
being, for all taxes now or hereafter to grow due, when the time is or shall
be elapsed for paying the same ; and he is hereby required and directed
to prosecute all and every person or persons whatever, neglecting or refus-
ing to do and perform the several matters required by this Act for the
recovery of the penalty inflicted by the same for any such refusal or
neglect.
XXVII. And be it also cnactedhy t\\e authority aforesaid. That the pub-
lic treasurer of this Province for the time being, after paying the balaiice
in the funds aforesaid, shall be, and is hereby obliged and required to give
certificates to the several persons having monies j^rovided by the schedule
to this Act annexed, for such part thereof as the person applying for the
same shall require, which certificates shall be first filled up, numbered and
signed by the treasurer, and afterwards countersigned and returned to the
public treasurer, by Daniel Doyley, David Oliphant and Thomas Gadsden,
Esquires, or any two of them, and they are hereby directed to keep an
account in a book, of such certificates as tliey shall respectively sign ;
OF SOUTH CAROLINA. * 223
provided, that such certificates shall not be for less than five pounds, nor more A. D. 1765.
than fifty pounds ; and the said certificates shall be received in all pay- '^-^'"^^^'^^
ments to the public treasury until the last Tuesday in May, one thousand
seven hundred and sixty-six, and no longer; and the said collectors of the p,.Qyjg(j^
tax shall take and receive the said certificates in payment of taxes, for
the sums therein mentioned, from all persons tendering the same; provid-
ed also, that the possessors of the said certificates shall carry the same to
the public treasurer to be exchanged, on or before the first day of Novem-
ber, one thousand seven hundred and sixty-six ; and in case any certificates
shall be outstanding after that day, the public shall not be liable to make
provision for the same.
XXVIII. And be it also enacted by the authority aforesaid, That if any
of the assessors, inquirers, collectors, public treasurer or provost marshal. General issue
constable or other person, shall be sued for any matter or thing by him or "1^^,^*%
them done in the execution of this Act, it shall and may be lawful for^'
such person or persons to plead the general issue, and give this Act and
the special matter in e\'idence ; and in case judgment shall be given for the
defendant or defendants, or the plaintiff" shall suffer a non-suit or discon-
tinue his action, the said defendant or defendants shall recover treble costs
of suit.
XXIX. And he it further enacted by the authority aforesaid. That the said
sum of one hundred and thirty-three thousand one hundred and ninety-eight
pounds and one shilling shall be appropriated, applied and paid by the pub-
lic treasurer, according to the schedule hereunto annexed, and not other-
w^ise.
XXX. And w^hereas, by the last tax Act, passed the sixth day of Octo-
ber, in the year of our Lord one thousand seven hundred and sixty-four,
George Cogdal w^as appointed one of the assessors and collectors of the
public tax for the forks of Broad and Saluda rivers, but inasmuch as the
said George Cogdal had, before the passing of the said Act, removed from
that district, and now lives at a considerable distance therefrom, He it there-
fore enacted, by the authority aforesaid. That Captain Thomas Fletchal be,
and he is hereby appointed an assessor and collector of the public tax, for ^
the forks of Broad and Saluda rivers, in the room and place of the said
George Cogdal ; and that the said Captain Thomas Fletchal shall have the
same powers and authoritys for carrying the said Act into execution, and
be subject to the same penaltys and forfeitures, as any assessor or collec-
tor of the public tax is invested with or subject and liable unto by the
said Act.
SCHEDULE
Of the charges of this Government from the first day of January, to the
thirtyfirst day of Decemher, one thousand seven hundred and sixty four,
inclusiiie, and for other services.
ALLOWANCES TO PUBLIC OFFICERS.
To his Honor the Lieutenant Governor, £ 2236 02 02
The Clerk of the Council, 300 00 00
The Master in Chancery, 200 00 00
William Davis, Messenger to the Council, 200 00 00
Jonathan Davis, as Door-keeper to the Council, 200 00 00
Thomas Bromley, Esq. Clerk of the Assembly, 600 00 00
The Messengers of the Assembly, 400 00 00
The Commissary General, 400 00 00
The Clerk of the Board of Church Commissioners, 30 00 00
The Public Treasurer, his commissions for paying sundry ♦
sums of money, 58 02 02
224 STATUTES AT LARGE
A. D. 1765. The Agent for Great Britain, his salary from 28th July, 1763, £1995 00 00
His bill ofdisbursements and for other services, (after deduct-
ing £323 3s.8^d sterUng received by him on account of
this Province,) 6-i6 00 06^
The Clerk of the Committee of Correspondence, 50 00 00
The estate <>f Benjamin Harvey, late Messenger of the
Council, seven months salary, 125 16 04
John Hume, ordnance store keeper, 350 00 00
Jacob Motte, Esq. public treasurer, advanced Jonathan Da-
vis, Messenger of the Council, 83 06 08 £ 7874 07 10^
HOUSE RENT FOR THE PUBLIC.
To his Excellency the Governor, 252 15 08
His Honor the Lieutenant Governor, 447 04 04
The Commissioners of the Free School in Charlestown, 250 00 00 £ 950 00 00
WRITING AND PRINTING FOR THE PUBLIC.
To the Clerk of the Council, for copies of the minutes of
Council, entries in the Indian book, and copies of the
laws for the Council, 1425 07 08
To Thomas Skottowe, Esq. Sec'ry. for fees due to the Gover-
nor, Lieutenant Governor and himself; to the Governor,
£U 17s. 6d. ; to the Lieutenant Governor, £48 2s. 6d.,
and the Secretary, £420, 480 00 00
To Robert Wells, for printing, 157 15 00
To Peter Timothy, for the hke service, 271 01 08
To Thomas Bromley, Esq. Clerk of the Assembly, 2005 10 07^
To Jacob Motte, Esq. Public Treasurer, for this service, 619 06 00
To Jacob Motte, Esq Public Treasurer, for so much advanced
by him to Benjamin Smith, Esq. for printed journals of
the House of Commons, 248 12 03 £ 5207 13 02i
TO BE RAISED BY PARTICULAR LAWS APPOINTING
THE SAME.
To Jacob Motle, Esq. Public Treasurer, paid by him for ses-
sion sermons, 30 00 00
Sinking one 5th part of the orders for raising a regiment
in 1760, 25,000 00 00
Sinking one 5th part of the orders for paying the charges
of the expedition under Governor Lyttleton, against the
Cherokees, 49,338 12 06
Daniel Doyley, Esq. late Provost Marshal, for serving verits
of election, summoning of jurors and attending courts, 75 16 OS
Roger Pinckney, Esq. for the like service, 74 03 04
Clement Lampriere, his annuity on the mihtia law, 90 00 00
Thomas Gill, his annuity, 90 00 00
Mary Adamson, widow, annuity for herself and two chil-
dren,
Mary Morrison, widow, annuity for herself and three chil-
dren, ' 200 00 — £ 75,048 12 06
FOR FORTS AND GARRISONS.
To the Commander of Fort Johnson, 200 00 00
The Gunner of Fort Johnson, 216 00 00
Two quarter Gunners, at £8 per month, 192 00 00
Provisions for four men, at £25 per month, 100 00 00
Gunner of Charlestown, 225 00 00
Gunner of Craven's bastion, 100 00 00
Gunner of Broughton's battery, 100 00 00
John Allen, for a flag staff for Granville's bastion, 70 00 00
150 00 00
OF SOUTH CAROLINA. 225
To Thomas Blimston, for repairing the boat belonging to Fort A. D. 1765.
Jolinson, £ 36 00 00
Houlditch & Lewis, a certificate in their favor endorsed to
Bartholomew Spring, for plank for the tise of Fort
Prince George, 12 00 00
James Houlditch, a certificate in his favor for plank for
Fort Prince George, to be paid by the Treasurer upon
his making oath that it was not obtained fiir the same
service as the foregoing certificate to Houlditch &
Lewis, 12 00 00
Laurence Motte & Co. for sundries, 144 07 00
John Marley, for a cart, two horses and harness for Fort
Prince George, 228 15 00
John Mitts, for sundry repairs to Fort Prince George, 12 00 00
William Pinckney, Esq. Commissary General, for making
flags for Fort Johnson, 30 00 00
Jacob Warley, for a horse for Fort Prince George, 50 00 00
Bernard Beckman, for tompions for the guns and other ser-
vices, 32 07 06
John Allei, for a flag stafl^ for Fort Johnson, 80 00 00
Jacob Motte, Esq. Treasurer, advanced by him to the com-
missioners of fortifications, 3500 00 00
Jacob Motte, Esq. Treasurer, advanced by him for the
works of Charlestown, 1500 00 00
Jacob Motte, Esq. Treasurer, advanced by him for men's
pay at Fort Johnson, to 31st December, 1764, 660 00 00
Edmund Egan, for laying out seventy-five acres of land for
Fort Lyttleton, 7 07 00 £ 7507 16 05
FOR THE PUBLIC ARMS AND ORDNANCE STORES.
To John Edwards & Co. for linseed oil for the ordnance stores, 21 00 00
John Marley, for cartage of ordnance stores, 88 12 06
John Perdrieu, for straps, repairing and cleaning cartouch
boxes, 79 10 00
.John Miller, gunsmith, for repairing the public arms, 232 16 03
John Hume, ordnance store-keeper, for negro hire and clean-
mg public arms, 462 00 04 £ 883 09 01
FOR THE PRIVATE FRONTIER FORTS.
To Godfrey Dreycr, for sundries supplied Fort William Henry
and other Forts, ' 295 04 10
Edward Kirkland, a certificate for Indian corn supplied the
poor at Helm's Fort, - 39 15 00 £ 334 19 10
FOR THE RANGERS.
A muster roll for six months pay of the men commanded by
Patrick Calhoun, for the protection of the Long Cane's
settlement, 2058 00 00
Jacob Motte, Esq. advanced by him for the pay of Captain
Bosher's men, after deducting £2659 3s. Id. received
by the Treasurer of Governor Wright, 2066 09 0.5 £ 4124 09 05
FOR THE FORCES.
To James Henderson, for candles, 29 04 00
To the church wardens of St. Philip's parish, for the support
of transient persons, soldiers, widows and orphans, 1087 19 OOi
To Henry Weaver, for carriage of stores and baggage to Fort
Moore, 84 00 (X)
To Jacob Motte, Esq. advanced by him to John Marley for ,
fire-wood, 73 15 (lU
VOL. IV.— 29.
226
STATUTES AT LARGE
A. D. 1765. To Andrew Williamson, Jfor carriage of provisions to Fort
Prince George, £ 1000 09 06 £ 2275 07 Ofii
FOR THE SCOUTS FROM THE MILITIA.
Peter Bull, or Phul, for flour, for the Orangeburg militia,
Henry Breazel, for provisions for a scout,
Adam Hyles, for provision.
Christian Minnick, for a steer,
Jacob Wolf, for two hogs,
Nimrod Kilchrist, for provision,
Lachlan Mcintosh, for flour,
Archibald Bell McClennan, for wheat,
Henry Baker, for two hogs,
John Jacob Stursannser, for provision,
Abraham Rawlinson, as a militia man in Governor Lyttelton's
Expedition,
Michael Buchalter, for provision,
FOR THE SCOUT BOATS.
To William'Hope & Co. for bread for said boats,
FOR PAROCHIAL CHARGES.
For churchwardens and vestry of the parish of St. Paul,
towards building a new parish church.
The churchwardens and vestry of St. Helena's parish, for
their church.
The churchwardens and vestry of St. Stephen's, for their
church.
The churchwardens and vestry'of St Mark's parish,
FOR CORONER'S INQUESTS.
John Alran, for an inquest,
Joseph Curry, for several,
Paty Holmes, constable, for summoning jurors,
William Mason, Coroner for Berkley county, for several
inquests,
Adrian Meyer, for an inquest,
FOR INDIAN EXPENCES.
Michael Buckhalter, for entertainment of Indians,
John Dodd, for gunsmith's work,
Elizabeth Hains worth, (indorsed to Elizabeth Wliite,) for
entertainment of Indians,
Laurens, Motte tfe Company, for Indian presents^
George Miligan, for curing a fracture in the arm of a Catawba
Indian,
William Pinckney, Commissary General, for entertainment of
Indians,
John Scott, for entertainment of Indians going to the Congress,
Thomas Tew, for taylor's work,
Peter Whitten, for entertainment of Indians,
Samuel Whyley, his account for same service,
George Allison, for ferriage of Euche Indians to Georgia,
Corrie & Scott, on an order of David McDonald, Indian inter-
preter at Fort Prince George, from the 20th Nov. 1763,
to 20th Sept. 1764, at £25 per month,
FOR CRIMINALS.
To the Chief Justice, for fees on prosecuting them.
The Clerk of the Crown, for his fees,
James Moultrie, late Attorney General,
6 00 00
2 05 00
21 10 00
10 00 00
8 00 00
4 07 06
11 00 00
3 15 00
10 10 00
4 10 00
20 16 00
7 17 06 £ 110 11 00
£ 55 06 03
2000 00 00
1000 00 00
1500 00 00
lOCO CO oc
10 00 00
30 00 00
10 10 00
£ 5500 00 00
125 05 00
10 00 00 £ 185 00 00
10 04 06
18
17 06
9 00 00
32 00 00
15 00 00
73
17 08
48
15 00
5
10 00
14
12 06
29
10 00
3
10 00
250 00 00 £ 510 17 02
346 17 06
335 18 01^
339 05 00
OF SOUTH CAROLINA.
22^
John Rulledge, Esq. Attorney General,
Daniel Doyley, late Provost Marshal, for subsistence of
prisoners,
Roger Pinckney, Esq. for the same service,
John Allen, constable, for conveying prisoners to gaol,
Bartholomew Austin, two certificates for the like service,
Bartholomew Austin, allowed him for conveying Thomas
Moone and Govey Black to gaol,
John Benson, for said service,
Richard Baldrick, for expenses in bringing an Indian criminal
to town,
Joseph Day, for constable's fees, conveying prisoners to gaol,
Jonathan Fabian, for constable's fees,
Joseph King, for conveying a prisoner to gaol,
David Loper, for the Uke service,
John Repault, for taking up a criminal in 1763,
Henry Richenbacer, for carrying on a hue and cry,
Francis Sanguefield, two accounts, for conveying prisoners
to gaol,
William Loocock, his account for attendance and medicines
for sick criminals,
Francis Folks, for conveying a prisoner to gaol,
Jacob Motte, Esq. Public Treasurer, advanced by him to
constables,
Roger Paget, for taking and conveying to gaol three persons,
in 1758, concerned in counterfeiting pubUc bills of credit,
FOR CRIMINAL SLAVES EXECUTED
Cholmondely Deering, for a slave executed,
Benjamin Jenkins, ditto,
John Sims, ditto,
William Hall, ditto,
Isaac Rippon, ditto,
Jacob Motte, Esq. Public Treasurer, advanced Gibbons &
Tickling, for slaves executed.
^£319 10 00
1208 10 00
516 18 11
25 Go 00
87 07 06
200 00 00
15 05 00
2 17 06
21 15 CO
2 17 06
19 12 06
15 07 06
11 08 09
4 07 06
25 00 00
165 00 00
14 15 00
331 17 04
200 00 00 £ 4209 10 07^
200 00 00
80 00 00
200 00 00
200 00 00
100 00 00
350 00 00 jE 1130 00 00
A.D. 1765.
CONSTABLES FEES ON TRIALS OF SLAVES.
To George Allison, for constable's fees on the trials of slaves, 11 05 00
William Bonneau, forthesame service, 7 07 06
Henry Bailie, two accounts for the same service, 46 15 00
James Henry Butler, ditto, 29 12 06
Samuel Chanler, ditto, 7 10 00
Percival Dring, four accounts, ditto, 56 17 06
John Molet, ditto, 37 08 09
Robert Rivers, Jr. ditto, 5 01 03
William White, ditto, 12 17 06
Patty Holmes, ditto, 9 17 06-
-£ 224 12 06
FOR THE PUBLIC BUILDINGS.
To Wm. Davis, house-keeper of the State House, 100 00 00
Wm. Davis, for sweeping chimneys and other services for
the State House, 28 12 06
John Braund, for sweeping chimneys at the Barracks, 17 17 00
Thomas Gordon, for brick work and materials for additions
to the Armory, 2138 16 06
Benjamin Haws, for glazier's work at the State House, 61 02 06
William Hall, for vvurk done at the barracks, .56 14 02
William Hall, a second account, for carpenter's work and
materials for the Armory, 851 00 07
228
STATUTES AT LARGE
-£ 1914 15 00
A. D. 1765. James Lingard, for erecting electrical points at the State
House, £ 80 00 00
John Marley, for cartage, 28 05 00
David Stoll, for iron work for the additional buildings to
the Armory, 58 17 09
Bernard Beckman, for repairing pumps at the barracks, 2 15 00
Jonathan Badger, for his salary and disbursements for the
Assembly Room, 57 13 09 £ 3481 14 09
SUNDRIES TO BE PAID BY THE INHABITANTS OF
CHARLESTOWN.
To Bernard Beckman, two accounts for repairs and disburse-
ments for the Engines,
Richard 3Ioncrief, for the same service,
James Verrie, ditto,
George Sheed, ditto,
Peter Saunders, for repairing buckets.
Nightingale & Edwards, ditto.
The Commissioners of Roads in St. Philip's parish,
The Commissioners of the Streets in Charlestown,
EXTRAORDINARY EXPENCES.
To George Pawley, Esq. for running the temporary line
between North and South Carolina,
Samuel Wyley, Esq. for the said service,
James Simpson, for a plat of the temporary line,
Weyman & Came, for a glass for the Speaker's chamber,
Daniel Cannon, for making writing desks and benches for
the Free School, Charlestown,
James Rogers, for going in quest of a sloop, said to be run
away with,
James Gordon, for repairing the public stocks,
Negro Sampson, his annuity.
The public treasurer, for money advanced by him for the
bounty on hemp.
The like, for money advanced to persons dispersed by the
Indians, part of the =£10,000 voted by the House
the 23d of January, 1761, but never provided for,.
For a tax certificate in 1755, and also for two omitted to be
provided for, agreeable to the report of last year, in
the last estimate.
To the Clerk of the Committee of Correspondence, for his
extraordinary services.
88 05 00
69 00 00
62 00 00
46 10 00
132 15 00
16 05 00
100 00 00
1400 00 00-
1061 03 01
1061 03 01
30 00 00
23 00 00
79 05 00
65 05 00
9 Of. 03
50 00 00
3779 04 07
4909 15 09
150 00 00
450 00 00 £11668 02 09
£133,198 01 0(}
RAWLINS LOWNDES, Sj?caker.
In the Council Chamber, the Gfh (Jay of April, 1765.
Assented to: WM. BULL.
No. 941. AN ACT for laying out a public Road from the muster field of God-
frey's Savanna, in the parish of St. Bartholomew, uorth-westwardly
across Black Creek and the Great Swamp, being the easternmost branch
of the Saltcatclier river, and into the fork, and to the German settlements,
and for appointing commissioners for the same.
(Passed August 9, 1765. 8ee last volume.)
OF SOUTH CAROLINA. 220
AN ACT to establish a Ferry from Lady's to St.Helena Island ; also from Xo. 942.
Hobcaw to Charlestown ; from Daniels's Island to C]iarlesto\vn ; from
South Edisto to the land of Wm. Drayton, Esq. ; from New Windsor to
Augusta ; and from the ferry of Moses Kirkland, on Saluda river, to the
opposite shore ; and establishing a Road leading from the said last men-
tioned ferry ; and for making Parker's Feny a public ferry ; and for
establishing a Ferry from Marr's Bluff to the opposite shore ; and to
appoint new Commissioners for removing obstructions in the Wateree
River.
(Passed August 9, 1765. Sec last volume.)
an act for the encouragement of john cuthbert in his pro- ]^o, 943,
jection of certain implements for the better cultivation of
Rice and other Grain.
WHEREAS, John Cuthbert, Planter, by his humble petition to the
General Assembly of this Province, hath set forth that he had invented
and discovered certain implements for the better preparing and cultivating i>,caniLle.
of rice, indico and grain, planted in rows, (that is to say,) ploughs or
horse-hoes, hand-hoes and pickers, constructed and formed in a new
method, which, in all probability, will be very advantageous and beneficial
to the inhabitants of this Province, and prayed that a law may be passed
for encouraging him therein ; to the end, thei'efore, that all due encour-
agement be given to ingenuity and industry, when it tends to the public
good, we humbly pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by the honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief in and over'his Majesty's Province of
South Carolina, by and with the advice and consent of his Majesty's ^^^1^^^^^.^^^*^^^^
Council and the Commons House of Assembly of the said Province, and years, granted
by the authority of the same. That the said John Cuthbert, his heirs, ^o John Cuth.
executors, administrators and assigns, shall, for the term of fourteen years,
to commence from the time of passing this Act, have the sole privilege
and advantage of the said new implements or instruments for the better
preparing and cultivating of rice, indico and grain, planted in rows. And
if any person or persons whatsoever, during the term hereby limited as Penalty for
aforesaid, shall presume to make or use any implements, instruments oi' g"^™\^'"^
contrivance, according to the projection of the said John Cuthbert, with-
out a licence in writing first obtained, under the hand seal of the said John
Cuthbert, his heirs, executors, administrators or assigns, he, she or they
shall respectively forfeit and pay to the said John Cuthbert, his heirs,
executors, administrators or assigns, the sum of fifty pounds current
money for every such implement, instrument or contrivance, made or to
be made within the term aforesaid, without such licence as aforesaid ; to
be recovered in any court of record in this Province, by action of debt,
bill, plaint or information, wherein no wager of law, essoin, privilege or
protection shall be allowed or admitted, nor any more than one impar-
lance. Provided, that nothing herein contained shall abridge any person
or persons of the liberty of making or using, within the term aforesnid,
any implement, instrument or contrivance that is different in principles and
230
STATUTES AT LARGE
A. [). 17(>5. construction from the implements, instruments or contrivances of the said
John Cuthbert.
RAWLINS LOWNDES, Speaker.
In the Council Chamber, the 9fh day of August, 1765.
Assented to: WM. BULL.
Preamble.
Bounds of St.
Matthew's
Parish.
No. 944. AN ACT for establishing a Parish in Berkley County, by the
NAME OF St. Matthew, and for declaring the road therein men-
tioned TO BE A PUBLIC ROAD.
WHEREAS, several inhabitants of the said county, by their jaetition to
the General Assembly, have represented many inconveniencies which they
are under for want of having a parish laid out and established in the said
county, contiguous to and including Amelia township, and prayed that a
law may be passed for that purpose ; we therefore humbly pray his most
sacred Majesty that it may be enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Ciimmander-in-chief in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly of the said Province, and by the
authority of the same, That immediately from and after the passing of
this Act, a parish shall be laid out and established in Berkley county afore-
said, in the following manner, that is to say, by running a line from the
plantation of Garrard Nelson on Santee River, inclusive, to the place
where the new road leading from the plantation of Tacitus Galliard, Esq.
to the road leading from Charlestown to Orangeburgh, intersects the line
that divides the parish of St. George Dorchester from St. James Goose
Creek, and from thence to continue on the said line until it intersects the
Four Hole Creek the second time, thence following the said Creek till it
intersects the south east bounds of Orangeburgh township, and from thence
along the bounds of the said township to the southward, and where that
line reaches Edisto River, up the course of the said river until the north
west boundary of the said township, from the River a north east course
along the line of the township until it joins the south west bounds of
Amelia township, and from thence a north east course till it reaches Bea-
ver Creek ; and that the said parish shall hereafter be called and known
by the name of St. Matthew, and the inhabitants thereof shall and may
have, use, exercise and enjoy all the rights, privileges and immunities that
the inhabitants of any other parish do or can use, exercise or enjoy by the
laws of this Province.
IL And, be it also enacted by the authority aforesaid. That a church,
chapel and parsonage house shall be built at such places within the bounds
of the said parish, as the major part of the commissioners hereafter named
shall order and direct ; and also, that a chapel shall be built at such place
within the bounds of the said parish as the major part of the commission-
ers hereafter last named, shall order and direct.
IIL And be it also enacted by the authority aforesaid. That the rector
or minister of the said parish for the time being, shall officiate in the said
church and chapels alternately, and shall be elected and chosen m the
same manner as the rectors or ministers of the several other parishes in
this Province are elected and chosen, and shall have yearly paid to him
Church, chapel
and parsonage
house to be
built in said
parish.
Rector to
receive the
same salary as
allowed in oth-
er parishes.
commissioners
OF SOUTH CAROLINA. 231
and his successors forever, the same salary as is appointed for the rector A. D. 1765.
or minister of any other parish in this Province, (the parishes of St. Philip
and St. Michael excepted,) out of the fund appropriated or to be appi'o-
priated for payment of the salaries of the clergy in this Province ; and
the public treasurer for the time being is hereby authorized and required
to pay the same, under the like penalties and forfeitures as for not paying
the salaries due to the other rectors or ministers of the several other
parishes in this Province ; and the said rector or minister of the said pa-
rish shall have and enjoy all and every such privileges and advantages,
and be under such rules, law^s and restrictions, as the rectors or ministers
of the other parishes in this Province have and enjoy, or are subject and
liable unto.
IV. And he it also enacted by the authority aforesaid, That Colonel
Moses Thompson, Col. William Thompson, William Heatly, Thomas q^
Piatt, Tacitus Galliard, Timothy Dargon, Robert VVhitten, William Flud, appointed to
John Burdell, Christopher Coullett and John Oliver, be, and they are ^^'.^^"^^^ ^^'^
hereby appointed, commissioners or supervisors for the building of the churches, &.c.
church, chapel and parsonage house in the said parish of St. Mathew, ex-
clusive of that part of the parish called Orangeburgh Township ; and
that Christian Minnick, Gavin Powe, Captain Rowe, Colonel Chevillette
and John Govan, or a majority of them, be, and they are hereby appoint-
ed, commissioners or supervisors for building the chapel in that part of the
parish called Orangeburgh Township ; and they, or the major part of them,
are fully authorized and impowered to purchase a glebe for the said pa-
rish, and to take subscriptions, and to receive and gather, collect and sue
for, all such sum and sums of money as any pious and well disposed per-
son or persons shall give and contribute for the purposes aforesaid ; and in
case of the death, absence or refusing to act of any of the said commis-
sioners, the church wardens and vestry of the said parish of St. Matthew,
for the time being, shall and may nominate and appoint another person
or persons to be commissioner or commissioners in the room or place of
such so dead, absent or refusing to act, as to the said church wardens and
vestry shall seem meet ; which commissioner or commissioners so to be
nominated and appointed, shall have the same powers and authority for
putting this Act into execution, to all intents and purposes, as the commis-
sioners herein named.
V. And be it also enacted by the authority aforesaid. That the inhabitants
of the said parish of St. Matthew, qualified by law for that purpose, shall ^*^"^^'? ^*? ^^
choose and elect two members, and no more, to represent the said parish General
in General Assembly ; any law, usage or custom to the contrary thereof in Assembly.
any wise notwithstanding ; and that writs for the electing of members to
serve in the General Assembly for the said parish, shall be issued in the
same manner and at the same times as for the several other parishes in this
Province, according to the directions in the Act intitled " An Act to ascer-
tain the manner and form of electing members to represent the inhabitants
of this Province in the Commons House of Assembly, and to appoint who
shall be deemed and adjudged capable of choosing or being chosen mem-
bers of the said house."
VI. And be it further enacted by the authority aforesaid, That the
new road leading from the ferry of Tacitus Galliard, Esquire, to the ^ "T^ '■?^'^ ^°
road leading from Charlestown to Orangeburgh, shall be, and it is hereby repair,
declared to be, a public road, and shall be worked upon and kept in repair
by the inhabitants of each parish through which the said road runs, in the
same manner as all the other public roads m this Province are ; and that
the commissioners herein before appointed shall also be commissioners of
232
A. D. 1765.
STATUTES AT LARGE
and for the said road, and all other roads in the said parish of St. Matthew,
and shall have the same powers and authoiity as any other commissioners
of the high roads in this Province have ; and in case any of the said commis-
sioners shall die or refuse to act, the remaining commissioners shall, from
time to time, choose one or moie commissioner or commissioners in the
room of him or them so dying or refusing to act, and he or they so chosen
shall have the same powers and authority as the said other commissioners.
RAWLINS LOWNDES, Sj^eaher.
In the Council Chamhcr, the dth day of August, 1765.
Assented to .
W^M. BULL.
No. 945. AN ACT for appointing an additional number of Inspectors, who
MAY JUDGE AND DETERMINE WHAT HeMP IS INTITLED TO THE PREMI-
UMS OR BOUNTY GIVEN BY THE LAWS OF THIS PROVINCE.
Preamble.
Hemp
inspectors
appointed.
WHEREAS, great delays and inconvcniencies have frequently hap-
pened to the persons concerned in the making and j^urchasing of hemp
of the growth of this Province, in recovering the premium or bounty
given by law as an encouragement for the making of hemp, for want of
a sufficient number of insjjectors, residents in Charlestown, who mio-ht
be always ready (on request for that purpose made,) to inspect,, judge
and determine what hemp is intitled to the said premiums or bounty,
so that the said premiums or boimty might be paid by the public trea-
surer to the persons intitled to receive the same, without delay, and
according to the intent and design of the said laws ; to remedy which
evil in future, it becomes necessary to appoint an additional number of
inspectors for that purpose,
I. Be it therefore enacted, by the Honourable William Bull, Esquire, Lieu-
tenant Governor and Coinmander-in-chief in and over his Majesty's Pro-
vince of South Carolina, by and with the advice and consent of his
Majesty's Council and the Commons House of Assembly of the said Pro-
vince, and by the authority of the same, That from and immediately after
the passing of this Act, James Parsons, Daniel Doyley, Wilham Roper,
Hopkin Price and William Scott, Esquires, of Charlestown, in the said
Province, shall be, and they are hereby nominated and appointed, inspec-
tors of such hemp as shall be made in this Province, in addition to the
number of inspectors already appointed by law for that purpose ; and they,
the said inspectors hereby appointed, and those heretofore appointed and
now in office, conjunctively, or any three of them, shall and may jud^e
and detennine what hemp is of such quality as to be entitled to the pre-
mium or l)ounty given by the laws of this Province as an encouragement
for the making thereof
IL And he it further enacted by the authority aforesaid. That the
inspectors hereby appointed shall have the same powers and authority,
and shall follow the same directions for a faithful performance and exe-
cution of the laws now in force for gi'anting the premiums or bounty
aforesaid, as the mspectoi's heretofore appointed for that pui-pose, to all
intents and purposes whatsoever ; and that this Act shall be and continue
OF SOUTH CAROLINA. 233
of force as long as the said Acts which give the jjiemiums or bounty A. D. 176G.
aforesaid remain of force, and no longer. v.-^^v-^w.^
RAWLINS LOWNDES, Speaker.
In the Covncil Chamber, the 9th day of August, 1765.
Assented to: WILLIAM BULL.
AN ACT FOR RESTRAINING THE EXPORTATION OF InDIAN CoRN AND No. 946.
Peas, for the time therein mentioned.
Preamble.
WHEREAS, the present scarcity of Indian corn and peas in this
Province, makes it necessary to prohibit the exportation thereof for
some time, and it is prudent always to keep a sufficient quantity of
those commodities in the Province to supply the wants of the inhabitants
at a reasonable rate ; we therefore pray his most sacred Majesty that it
may be enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief, by and with the advice and consent
of his Majesty's Council and the Commons House of Assembly of the
said Province, and by the authority of the same, That it shall not be law-
ful for any person or persons within the space of seven months next after pe^as^o^be*^
the passing of this Act, to export or cause to be exported, or to lade on exported,
board any ship, boat or vessel, with intent to carry or transport to any
place out of this Province, any quantity of Indian corn or peas, except
what shall be necessary for the sustenance of the people on board such
vessel in their voyage, under the penalty of one hundred potmds procla-
mation money for every such offence.
II. A7td be it further enacted by the authority aforesaid, That every
ship, boat or vessel wherein any Indian corn or peas shall be laden in order Penalty.
to be transported as aforesaid, within the said space of seven months, to-
gether with the tackle, furniture and apparel of the said ship, boat or ves-
sel, and the corn and peas therein, shall be, and the same are hereby
•declared to be, forfeited.
III. And be it also enacted by the authority aforesaid, That it shall and
may be lawful for any one justice of the peace, upon suspicion that any P^^^'' »'"
corn or peas is about to be exported contrary to the true meaning and"'"^
intent of this Act, to enter on board and search any ship, boat or vessel
in this Province, and on finding any corn or peas so therein, to seize and
secure the same, until condemned or restored by due course of law ; and
every justice of the peace who shall receive credible information of any
person or persons having such intention to export corn or peas, is hereby
required and enjoined to make such entry, search and seizure, under the
penalty of one hundred pounds proclamation money for his default.
IV. And be it further enacted, That the penalties and forfeitures here-
by inflicted, shall be to the use of any person who will inform and sue for |^^rfeft|,'resf '"^
the same, and may be recovered in any court of record in this Province ;
and that this Act shall be deemed and taken to be a public Act, and may
be given in evidence' in courts without special pleading; provided always, „ ,.^
that nothing contained in this Act shall extend, or be construed to extend,
to subject any inhabitant of this Province to the forfeitures thereby inflict-
ed, who shall ship or send off" corn or pease to the Provinces of Georgia
or East Florida for the subsistence of any negroes belongino- to, or which
VOL. IV.— 30. ■
2:34
A. D. 1766.
STATUTES AT LARGE
at the time of the passing of this Act shall be under the care or direction
of such person, and who have been or shall be sent from this Provmce,
actually to reside in either of the said Provinces of East Florida or Geor-
gia, such person making oath before a justice of the peace, prior to the
exportation thereof, that the said corn or peas, expressing the quantity
thereof, is bone fide shipped solely for the use of such negroes, mentioning
the number of them ; any thing hereinbefore contained to the contrary
notwithstanding.
V. Afid be it also enacted, That in any action or suit for a matter done
pursuant to the directions of this Act, where verdict or judgment shall be
given against the plaintiff", the defendant therein shall recover double costs
of suit.
P. MANIGAULT, Speaker.
In the Council Chamher, the Y\th day of March, 1766.
Assented to: WM. BULL.
No, 947. AN ACT for granting and allowing to the several inhabitants
OF this Province and others interested therein, a further
TIME FOR THE PAYMENT OF THE TAXES IMPOSED IN AND BY AN AcT
OF THE GeNKRAL ASSEMBLY OF THIS PROVINCE, COMMONLY CALLED
THE Tax Act, passed the sixth day of April, one thousand seven
HUNDRED AND SIXTY-FIVE.
Preamble.
Clauses of a
former Act
repealed.
WHEREAS, many causes have lately concuiTed to make it extreme-
ly inconvenient and difficult to his Majesty's faithful subjects of this
Province, to pay the taxes imposed on them by the tax Act, passed the
sixth day of April, one thousand seven hundred and sixty-five, at the
times mentioned in the said Act, by which means it has become abso-
lutely necessary to prolong the time for the payment of those taxes ;
we therefore humbly pray his most sacred Majesty that it may be enacted,
1. And be it enacted, by the Honorable William Bull, Esquire, Lieu-
tenant Governor and Commander-in-chief of the Province of South
Carolina, by and with the advice and consent of his Majesty's Council and
the Commons House of Assembly, and by the authority of the same. That
the said Act commonly called the tax Act, in so far as the same by the
ninth section thereof enacts, " That all persons whatsoever living without
the limits of the parishes of St. Philip and St. Michael, who are possessed of
any lands, slaves or monies at interest, or annuities in this Province, in
their own right, or m the right of others, or are any wise liable to pay tax by
virtue of the said Act, shall pay in their taxes to the several persons ap-
pointed by the said Act to i-eceive the same, on or before the first Tuesday
in April next ensuing ; and that the collectors shall give a receipt, if re-
quired, to the person paying the same, such person writing such receipt ;
and that the said inquirers, assessors and collectors for the several parishes
respectively, within this Province, shall close their accounts, and shall
deliver the same on oath to the public treasurer for the time being, (who
is by the said Act impowered and required to administer such oath,) and
pay him all such monies as shall be by thein received, after retaining two
pounds per centum for all such monies paid by the country collectors, and
one pound per centum for all monies paid by the collectors of Charles-
OF SOUTH CAROLINA. 235
town into the hands of the public treasurer in pursuance of this Act, on A.U.J7GC.
or before the first Tuesday in May next ensuing;" and also the said ^-^""^^""^^-^
Act in so far as the same by the sixteenth section thereof enacts, " That
every person a?-sessed as by the said Act is directed, by the assessors
named in the said Act for the parishes of St. Philip and St. Michael, shall
pay into the hands of the said assessors the several sums of money on them
respectively assessed, on or before the last Tuesday in May next," — be, and
is hereby, repealed, annulled and made void, to all intents, constructions
and purposes whatsoever; any thing in the said Act to the contrary con-
tained notwithstanding.
II. And be it further enacted by the authority aforesaid. That all
persons whatsoever living without the limits of the parishes of St. Philip ^.V'^*''''^ "'"^
and St. Michael, who are possessed of any lands, slaves or monies at pay the tax.
interest, or annuities in this Province, in their own right, or in the right of
others, or are any ways liable to pay tax by virtue of the said Act, com-
monly called the tax Act, shall pay in their taxes to the several persons
appointed by the said Act to receive the same, on or before the first Tues-
day in December next ensuing, and the collectors shall give a receipt, if
required, to the person paying the same, such person writing such receipt ;
and the said inquirers, assessors and collectors for the several parishes
respectively, within this Province, shall close their accounts, and shall de-
liver the same upon oath, to the public treasurer for the time being, (who
is hereby impowered and required to administer such oath,) and pay him
all such monies as shall be by them received, after retaining two pounds
per centum for all such monies paid by the country collectors, and one
pound per centum for all monies paid by the collectors of Charlestown
into the hands of the public treasurer in pursuance of the said Act, on or
before the first Tuesday in January next ensuing.
III. And be it further enacted, That every person assessed as in the
said Act is directed by the assessors therein mentioned for the parishes of
St. Philip and St. Michael, shall pay into the hands of the said assessors
the several sums of money on them respectively assessed or to be assessed,
in pursuance of the said Act, on or before the last Tuesday in January
next ; and the said assessors and collectors shall pay to the public treasu-
rer all such sum and sums of money as shall be by them respectively
collected, retaining their commissions as aforesaid.
IV. And be it further enacted by the authority aforesaid. That the
said Act commonly called the tax Act, in so far as the same by the 18th and 19th
eighteenth section thereof gives a remedy and redress against any per- sections of
son who shall neglect or refuse to pay his, her or their tax at the daysIepeaLd.*"'
and times therein mentioned and appointed for the payment thereof; and
also the said Act in so far as the same by the nineteenth section thereof
gives a remedy against any taxable person who shall omit or neglect to
pay his, her or their own tax, or tlie tax to be assessed by virtue of the
said Act on any person for whom he or she is guardian, executor, attcmiey
or trustee, by the time before limited in the said Act, be, and is here-
by, repealed, annulled and made void in so far as is before mentioned.
V. And be it further enacted by the authority aforesaid, That in case
any person whatsoever shall neglect or refuse to pay in his, her or their Process.
tax at the days and times herein before mentioned and appointed for the
payment thereof, the inquirers and collectors respectivelv shall, immedi-
ately after ten days are fully elapsed, without further delay, levy the same
in such manner, and by virtue of a warrant, to be signed, sealed and di-
rected as in the said recited Act is mentioned.
236 STATUTES AT LARGE
A.D. 17CG. VI. And be it farther enacted by the authority aforesaid, That if any
^"-'^"^^"'^^ taxable person shall omit or neglect to pay either his or her own tax, or
Defaulters. the tax to be assessed by virtue of the said Act, commonly called the tax
Act, on any person for whom he or she is guardian, executor, attorney or
trustee, by the time before limited, the said collectors respectively, where
such taxable person lives, are hereby impowered and required to issue
their warrants in the manner as in the said Act is directed ; and in case
the said assessors and collectors shall not have a just information what such
person's tax doth amount to, the said warrant shall run for double what
they shall judge such person ought to be rated ; and such person shall be
dealt with in all other respects as a defaulter.
VII. And be it further enacted by the authority aforesaid. That nothing
Powers of ^'^ ^^'^ ^^^ contained shall extend, or be construed to extend, to make
collectors, &c. void, abridge or restrain any of the powers or authorities by the said Act,
called the tax Act, vested in or given to the assessors, inquirers, collectors
and treasurer therein mentioned, but that they, and every of them, shall on
failure of any person rendering such account as is herein before mentioned,
to the inquirers and collectors, or on failure of payment of the taxes with-
in the time herein prescribed shall and may execute and perform the
several matters, things, powers and authorities vested in them or prescrib-
ed by the said Act, called the tax Act ; any thing herein before contained
to the contrary in any wise notwithstanding.
P. MANIGAULT, Speaker.
In the Council Chamber, the 15th day of March, 1766.
Assented to: WM. BULL.
No. 948. AN ORDINANCE to prohibit the exportation o^ Rice, and for
SUPPLYING THE INHABITANTS OF THIS PROVINCE, WHO ARE IN WANT
THEREOF, AT THE PRICE AND FOR THE TIME THEREIN LIMITED.
WHEREAS, the present scarcity of provisions in this Province
renders it necessary to prohibit the exportation of rice, for some time ;
and it is just not only that the owners of that commodity, who, by
Preamble. such prohibition, will be hindered from exporting or selling it to
those that would expott it, may have a reasonable pace allowed and
secured, but that they should be restrained from taking exoi'bitant prices
for the same, and be induced to relieve the wants of their fellow subjects,
upon receiving a due compensation ; we therefore humbly pray his most
sacred Majesty that it may be ordained,
I. A7id be it ordained, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief, by and with the advice and consent of
his Majesty's Council and the Commons House of Assembly of the said
Exportation of Province, and by the authority of the same. That it shall not be lawful
rio3 prohibited, f^j. ^^-^y person, before the first day of September next, to ship, lade or
receive on board any vessel, in order to be exported from this Province,
or to lade on board and export in any vessel, any Rice, except for neces-
sary provisions on the next intended voyage of such vessel, upon j^ain of
forfeiting the sum of five pounds pi-oclamation money for every barrel of
rice which shall be so laden or shipped and exported ; and that it shall not
be lawful for any person to sell or dispose of rice before the said first day
of September, one thousand seven hundred and sixty-six, at a greater price
OF SOUTH CAROLINA. 237
than at the rate of three pounds current money for every one hundred neat A. I>. iroG.
pounds weight thereof, under the forfeiture of double the sum for which '^-^^'v^'*-^
such rice shall be sold.
II. And he it further ordained by the authority aforesaid, That the
commissioners hereinafter mentioned, or any one or more of them, shall P"'^''*' store of
and may receive from all persons who shall offer the same, any quantity of''
good, merchantable rice, and shall, until they shall be in cash for the public,
give to such persons a certificate, specifying the quantity thereof, directed
to the public treasurer, who shall pay for the same out of any public
money in his hands, at the rate of three pounds per hundred weight, and
ten shillings for the barrels ; and the said commissioners, or any one or
more of them, are hereby authorized to retail the said rice at the same
price, with the costs of storage, commissions, at one pound five shillings
per centum for buying and the same for selling, and other charges accru-
ing thereon, to such persons as shall want the same for provisions ; and
the said commissioners are hereby directed and required, from time to
time, to lay out all such sums of money as they shall receive for rice by
them retailed, in payment for other rice, so by them to be purchased as
aforesaid ; and in case any rice shall remain in the hands of the said com-
missioners, at the time the prohibition laid on by this ordinance shall cease,
then the said commissioners shall sell the same for the highest price that
can be procured, and account with the treasurer for the money arising by
the sale thereof.
III. And he it further ordained by the authority aforesaid, That the
commissioners hereinafter named shall keep just and true accounts and
proper vouchers of their transactions relative thereto, and rendei" the said
accounts on oath, and pay any money in their hands by virtue of this ordi-
nance to the public treasurer, on or before the first day of October next ;
and that any losses which may happen by the buying, storing and retailing
rice, in manner hereinbefore directed, shall be borne by the public, and
the expence thereof defrayed by a general assessment in the next tax
Act.
IV. And he it further ordained by the authority aforesaid. That Wil-
liam Roper and Benjamin Simmon^, Esqs., and Messrs. Thomas Legare, Commissioners
William Gibbes, William Log-an and Georsje Livingston, shall be, and nominated,
they are hereby appointed, commissioners for putting this ordinance into
execution ; provided always nevertheless, that in case it shall, at any time
before the said first day of September next, when the General Assembly
of this Province is not sitting, appear to his Honor the Lieutenant Gov-
ernor or Commander-in-chief for the time being, that there are provisions „
in this Province (exclusive of rice) or a sufficient quantity of rice in the
hands of the commissioners for the consumption of the inhabitants of the
Province until the next crop shall or may be gathered in or made, and
that the prohibition hereby laid is not longer necessary, that in such case
it shall and may be lawful for the Governor or Commander-in-chief for
the time being, by and with the advice of his Majesty's Council of this
Province, to issue his proclamation, taking off the restraint and prohibition
laid and made by this ordinance.
V. And he it further ordained, by the authority aforesaid. That all the
penalties and forfeitures hereby imposed shall be recoverable by action of ,'y^."gjj|J^gg^'
debt in any court of record in this Province, to the use of any persons
who will sue for the same ; and that this ordinance shall be taken notice of
in all courts, without special pleading thereof, in the same manner as pub-
lic Acts are ; and if any persons shall be sued for any matter done in pur-
suance thereof, they may plead this ordinance and the special matter in
238 STATUTES AT LARGE
A. I). 17{)G. evidence upon the general issue, and upon the said suit being discontinued
or judgment passing against the plaintiff therein, the defendant shall re-
cover treble costs.
P. MANIGAULT, Speaker.
In the Council Chamhcr, the 8th day of June, 1766.
Assented to: WM. BULL.
No. 949. AN ACT to establish a public Road to lead from the Ferry commonly
called John McCord's ferry, on the Congaree river, to Fishing creek, on
the Catawba river ; and likewise for establishing and making public a
road commonly called Lee's road, which leads from the extreme parts of
this Province to Howell's ferry on the Congaree river, thence to Beaver
creek, and and thence to Congaree road ; and also for making public and
vesting in John McCord, and the proprietors of the land on the opposite
side of the said John McCord, Zebulon Gaunt, Samuel Wyley and Grace
Russel, respectively, the several fenies herein mentioned.
(Passed July 2, 1766. See last volume.)
No. 950. AN ACT for erecting a Bridge over Saltcatcher River, and for establish-
ing a Ferry over Combahee river, and for vesting the said Ferry in
Stephen Bull, his heirs and assigns, for the term of fourteen years.
(Passed July 2, 1766. *See last volmne.)
No. 951. AN ACT for raising and granting to his Majesty the suji of
THIRTY-FIVK THOUSAND FIVE HUNDRED TWENTY-NINE POUNDS SEVENTEEN
SHILLINGS AND ONE PENNY, AND APPLYING THE SUM OF THIRTY-FIVE
THOUSAND SIX HUNDRED AND SEVENTY-FIVE POUNI;S EIGHT SHILLINGS
AND SEVEN PENCE ONE HALF PENNY, (bEING THE BALANCE OF SEVERAL
FUNDS IN THE PUBLIC TREASURY,) MAKING TOGETHER THE SUM OP
SEVENTY-ONE THOUSAND TWO HUNDRED FIVE POUNDS FIVE SUIL-
LINGS AND EIGHT PENCE ONE HALF PENNY, TO DEFRAY^ THE CHARGES
OF THIS Government from the first day of January, to the 31st
DAY OF December, in the year of our Lord 1765, both days inclu-
sive, AND FOR OTHER SERVICES THEREIN MENTIONED.
WHEREAS, by a schedule made of the charges of this Government
for the year one thousand seven hundred and sixty-five, and for other ser-
vices in the said schedule mentioned, it appears that the sum of seventy-
Preamble, one thousand two hundred five pounds five shillings and eight pence one half
penny, will be wanting for those purposes ; for defraying whereof, we,
his Majesty's most dutiful and loyal subjects, the Commons House of
Assembly of this Province, have cheerfully given and granted, and do here-
by give and grant unto his most sacred Majesty the said sum of seventy-one
thousand two hundred five pounds five shillings and eight pence one half
penny, to be raised, levied and applied in the manner and to the uses, in-
tents and purposes in this Act hereafter specified, limited and appointed.
OF SOUTH CAROLINA. 239
and to and for no other use, intent or purpose whatsoever ; we therefore A.D. 176G.
humbly pray his most sacred Majesty that it may be enacted, v..^''v-^^
I. And be it enacted, by his Excellency the Right Hon. Lord Charles Gre-
ville Montagu, Captain General, Governor and Commander-in-chief of the
Province of South Carolina, by and with the advice and consent of his
Majesty's Council and the Commons House of Assembly of the said^ '^^^^-f"^^''
J.** ./-I lA 11 11 1 1- fi 5-^") I's. Jd. to
Provmce, now met m General Assembly, and by the authority or the ije levied.
same. That a tax or sum of thirty-five thousand five hundred twenty-nine
pounds seventeen shillings and one penny, cuiTent money of South Caroli-
na, be imposed and levied on the several inhabitants of, and others interest-
ed in, this Province ; which, with the sum of thirty-five thousand six
hundred and seventy-five pounds eight shillings and seven pence one half
penny, being the balance of several funds in the public treasury, shall be
applied to the use of his Majesty, for the support of this G overnment, in
manner as is hereinafter mentioned.
II. And for the more certain and effectual levying of the said sum of
thirty-five thousand five hundred twenty-nine pounds seventeen shillings
and one penny. It is hereby enacted and declared, That the sum of seven
shillings current money per head, shall be levied on all negroes and other Rate of taxa-
slaves whatsoever, within the limits of this Province ; and the sum of t'o"-
seven shillings per hundred acres on all lands throughout the said Province,
town lots excepted ; and the sum of three shillings and six pence per
centum on the value of every such town lot, wharf and buildings, and
other lands within the limits of any town, village or borough, in this Pro-
vince ; the bounds of Charlestown to extend as far as the new fortifications
from Ashley river to Cooper river; and the sum of three shillings and six
pence on every hundred pounds, owing to any person on bond or other
specialty or note of hand bearing or including interest, over and above
what they pay interest for; and at the rate of fouiteen shillings per
centum on all monies arising trom annuities ; and the sum of seven shillings
per head on all free negroes, mulattoes and mestizoes, from ten to sixty
years of age, who pay no other part of the taxes imposed by this Act ;
and the sum of three shillings and six pence per centum on every person's
stock in trade, (that is to say) wares, merchandizes and book debts of
persons in trade, shopkeepers and others ; and the like sum of three
shillings and six pence per centum on the profits of all faculties, pro-
fessions, (the clergy excepted,) factorage, employments and handicraft
trades, throughout this Province ; to be ascertained and rated by the
several and respective assessors and collectors hereafter named, accor-
ding to the best of their knowledge and information : Provided, that
nothing herein contained shall be extended to oblige the new settlers in
any part of this Province to the payment of any part of the said tax for
their lands granted to them of his Majesty's bounty, who shall make oath Lands of new
before the collector of the tax in the respective parish where such new g^j^'j^J^ ^^'
settler resides, that he settled himself in this Province upon the encourage-
ment given him by this Government, and hath not resided ten years in
this Province ; but such new settlers shall pay tax for their slaves and
monies at interest, as other inhabitants do.
III. And be it also enacted by the authority afoi'esaid. That all per-
sons whosoever, living out of the limits of the parishes of St. Philip and Taxables to
St. Michael, who are possessed of any lands, slaves or moneys, for which render an ac-
they receive interest in this Province, (lands whereon any churches or other p°""g|.j^ ^^^"'
buildings for divine worship, or for free schools, are erected or built, and all oath,
slaves appurtenant to or going with such churches or lands, and all moneys
appropriated for charitable uses, always excepted,) either in their own right
240
STATUTES AT LARGE
Form of the
oath
A.D.17G6. oi- in the right of any other person, or are liable to pay any tax by virtue
of this Act, shall, on or before the first Monday in August, which will be
in the year of our Lord one thousand seven hundred and sixty-seven,
render a particular account thereof in writing, upon oath or affirmation,
and in what parish the said lands and slaves are, to the best of his or her
knowledge, to the inquirers and collectors of the several parishes and
places respectively where the 23erson who is to render such account does
live and reside, at such time and place as the said inquirers and collectors,
or any of them, shall direct and appoint for the doing thereof, so that the
same be done on or before the said first Monday in August, which will be
in the year of our Lord one thousand seven hundred and seven; which oath
or affirmation shall be in the words following, viz : " 1, A B, do swear, or
affirm, (as the case shall be) that the account which I now give in is a just
and true account of all the lands, slaves, and moneys I have upon bond
or other specialty or note bearing or including interest, (which 1 believe
to be good,) over and above what I pay interest for, and annuities, which I
am possessed of, interested in or entitled unto, either in ray own right or
in the right of any other person or persons whosoever, as guardian, execu-
tor, attorney, agent or trustee, or in any other manner whatever, according
to the best of my knowledge or belief; and this I declare,^ without any
equivocation or mental leservation whatsoever : So help me God." Whicli
oath or affirmation the several inquirers and collectors appointed by this
Act are hereby fully authoi'ized, enjoined and required to administer. _
IV. And be it also enacted by "the authority aforesaid. That all and
Executions to every person and persons whosoever shall be obliged to make return of his
issue a-ainst or her lauds, slaves, or monies at interest, in the country, over and above
what he or she pays interest for, and of his or her annuities, to the
inquirers and collectors for the parish or district respectively where such
person lives or resides for the greatest part of the year, and pay the tax
thereon to the said inquirers and collectors. And the inquirers and col-
lectors of all and every the parishes and disti-icts respectively, shall be,
and they are hereby, authorized, impowered and required, to issue exe-
cutions against all and every person or persons in their respective districts
who have not paid their just proportions of the preceding tax.
V. And whereas, there are divers tracts of land, slaves and monies at
interest in this Province, held, owned or claimed by persons not resident
trustees of ab- here, who pay no taxes or other charge toward the support of the Gov-
sent persons^ ernment of this Province, Be it fherefore enacted hy the authority aforesaid,
in the province, That all attorneys and trustees of or for any person or persons living witli-
^A^^l':*°!.i!'''®^out the limits of this Province, shall make due and true return to the re-
spective inquirers and collectors for the parish or district where such
attorney or trustee lives or resides, of all lands, slaves, and moneys at inte-
rest, belonging to such absent persons, for whom they are attornies or trus-
tees ; and that such attornies or trustees shall be subject and liable to pay
the tax to become due by virtue of this Act, for such land, slaves or monies
at interest, out of his and their own proper estate, notwithstanding such
attorney or trustee may renounce or disclaim acting as such before the said
tax is levied, unless such attorney shall make oath before the said collector
respectively that he hath bona fide renounced his power and attorneyship,
before the payment of the said tax becomes due, without having done it
only with an intention to avoid the payment of the said tax. Provided
always, that if such attorney shall, within one year next after such oath
made, again become attorney or trustee for such absent person, or act as
such, every such attorney shall be liable to pay the said tax, as is herein-
before directed, any thing herein to the contrary notwithstanding; and for
persons not
paying their
taxes.
Attornies and
on the same.
Proviso.
OF SOUTH CAROLINA. 2it
levying whereof the same remedies sliall be and are hereby given as for A.l>. I7t>6.
levying the tax to become due by virtue of this Act on the proper estate ^--'•'"v^^i^^
of such attorney or trustee. And tlie inquirers and collectors of the sev-
eral j^arishes respectively where any lands lye which are held or owned by
any person or persons not resident in this Province, or the public treasurer
for the time being, shall be, and they and he is hereby authorized and i™- inquirers and
powered, directed and requii-ed, to sell and dispose of any timber, light- collectors may
wood or anv other wood, thereon standino^, screwing or beins:, to the amount ^'^'^^^f^f'' ^^"^
a' 111 1-11 1 • (' 1 • A or sell the tini''
or value oi tlie tax such lands are nable to pay by^ virtue ot this Act ; or, ber, fee.
after six months public notice given in the Gazette for that purpose, to let
to farm all or any part or parcel of such lands, without impeachment of
waste, to any person or persons whosoever, for any term or time not
exceeding twenty-one years, till the lents arising thereby shall be sufficient
to pay the said tax and the taxes to be imposed on such lands during the
said term, at the election of such inquirers or collectors or the public trea-
surer, unless anv person shall tender and pay the tax money for such lands
before such leases shall be made ; and all and every sale of such timber,
lightwood or other wood, and leases of such lands as aforesaid, sliall be, and
they are hereby declared, good and valid, to all intents and purjxises
whatsoever, any law, statute, usage <jr custom to the contrary in any wise
notwithstanding,
VI, A?id be it also enacted by the authority aforesaid. That in case any
tract or tracts of lands shall be found by the inquirers or collectors to tie-j^^^^j^ ofab-
long to any person or persons living or residing out of the limits of this sent owners, for
Province, and who have no attorney or altornies, trustee or trustees, legally ^'"^'^ ''^^?f.
constituted, in this Province, then and m such case the inquirers, assessors ^^o yg^j^g ^fter
or collectors shall be and they are hereby authorized and required to chareje notice given,
the said lands rateably and proportionably, according to the quantity of ' ^
acres, and as if the same were in the actual possession of some person or
persons living or residing within this Province, and forthwith to publish
and give notice of such their charge and assessment in the Gazette ; and in
case the sum or sums of money with which such lands shall be so charged
as aforesaid, and the lawful interest thereof, from time to time, of the
assessment made, shall not be paid to the inquirers, assessors or collectors,
or to the public treasurer or receiver of this Province, within two years next
after notice shall be given as aforesaid, that then such lands shall be forfeited
to his Majesty, and shall be deemed and taken as vacant lands ; any law,
statute, usage or custom to the contrary thereof in any wise notwithstanding.
Provided, that nothing in this Act contained shall extend, or be construed
to extend, to prejudice the rights of infants or feme coverts, who shall be P^oviao.
entitled to their lands upon claiming the same within two years after they
come of age or become discovert, upon their paying and discharging all
taxes and arrears of taxes that shall or may be due and unpaid thereon.
VII. And he it enacted, by the authority aforesaid. That the several
persons hereafter named shall be inquirers and collectors for the several j„q„jre,.g and
parishes and districts hereinafter mentioned respectively, viz. for the collectors
parish of Christ Church, Robert Darrill, Jr. and CharwiJl Wingood ; for ^PP^i"^^*^*
the parish of St. James Goose Creek, Robert Hume, John Moultrie, .Jr.
and Sedgwick Lewis; for the parish of St. John, Berkley county, Peter
Witten, Job Marion and David Guerard ; for the parish of St. George
Dorchester, John Joor, Jr., William J oor and Richard Saltus ; for the
parish of St. Thomas and St. Dennis, Robert Quash, Jr., John Wigfall
and Robert Daniel; for the parish of St. Andrew, James Island excepted,
Edward Legge and Robert Rose; for that part of the said parish called
James Island, Archibald Scott and Henry Samways ; for the parisli of St.
VOL. IV.— 3L
242 STATTTTES AT LARGE
A. n. 176:'. John, Colleton county, viz. for John's Island, John Freer and John \A'ells;
^"-"'^'''"^''-^ for Wadmelaw Island, William Lowrey; for Edisto Island, William Bay-
nard; for the parish of St. Paul, viz. for Stono and the east side of Pon-
pon, John Peter, Joseph Smith and James Stanyarne ; and for Beach Hill,
in the said parish, Samuel Elliott ; for the parish of St. Bartholomew,
Thomas Melvin, Jr. and Thomas Buer; for the upper district of St. Bar-
tholomew, to wit, the north and west of the Black Creek and the main
waters of the Great Swam]^, directly across to Pon-pon River, Jonathan
Donnon and James Hamilton ; for Combahee and Chehaw, in the said
parish, Thomas Holman and James Bolton ; for the parish of St. James
Santee, William Lewis and John Drake; for the parish of St. Stephen,
John Seymour and, Samuel Gaillard; for the parish of Prince George
Winyaw, Nathaniel Dwight, Charles Fyfte and Samuel Jenkins ; and for
the VVelsh Tract, James Cassels ; for the parish of Prince Frederick,
Theodore Gourdin, Francis Britton and William Boone ; for the parish of
St. Mark, Josiah Canty, jMatthew Singleton, Eli Kershaw, Zebulon
Gaunt ; for both sides of Broad River, John Pearson and Thomas Bond ;
and for the north side of Saluda, William Turner and Thomas Kennedy ;
for the parish of St. Matthew, Thomas Piatt and Samuel Rowe; for the
parish of St. Helena, Port Royal, Lewis Reeve, Thomas Mowbray and
Henry Stuart ; for the parish of St. Peter, Purrysburgh, Adrian Meyer
and John Linder ; for the parish of Prince AVilliam, Benjamin Garden
and Daniel De Saussure ; for the town and township of New Windsor,
upon Savannah River, Stevens's Creek and parts adjacent, George Gal-
phin ; for the township of Saxe-Gotha and the forks between the Congree
and Wateree rivers, and places adjacent, John Hamilton and John Macord.
VIH. And he it also enacted by the authority aforesaid, That Isaac
.^ . Huger, Peter Mazyck and John Dart, be, and they are hereby appointed
for St. Plii'lip iuquirers for the pai'ish of St. Philip and St. Michael; and that Elias
& St. Michael Vanderhorst, John Ward, merchant, John Benfield, Joseph Dill and
Thomas Hutchinson, be, and they are hereby appointed, assessors and
collectors for the said, parishes of St. Philip and St. Michael.
IX. And, he it also enacted by the authority aforesaid. That all persons
Taxes on real whosoever living without the limits of the parishes of St. Philip and
estate, &c. St. Michael, who are possessed of any lands, slaves, monies at interest, or
annuities in this Province, in their own light or in the right of others, or
are any ways liable to pay tax by virtue of this Act, shall pay in their tax-
es to the several persons hereby appointed to receive the same, on or before
the first Tuesday in December, in the year of our Lord one thousand
paid, seven hundred and sixty-seven ; and the collectors shall give a re-
ceipt, if required, to the person paying the same, such person writing
such receipt ; and the said inquirers, assessors and collectors for the seve-
ral parishes respectively, within this Province, shall close their accounts
and shall deliver the same on oath to the public treasurer for the time being,
(who is hereby impowered and required to administer such oath,) and pay
him all such monies as shall be by them respectively received, after retain-
ing two pounds per centum for all such monies paid by the country collec-
tors, and one pound per centum for all monies paid by the collectors of
Charlestown into the hands of the public treasurer, in pursuance of this Act,
on or before the first Tuesday in December, in the year of our Lord
one thousand seven hundred and sixty-seven; and the inquirers, as-
sessors and collectors of each parish or district, shall make their return
of such district respectively, to the said treasurei", at one and the same
time ; and the said inquirers and collectors for each parish or district with-
out the limits of St. Philip and St. Michael, shall give an account in writing,
upon oath as aforesaid, of their own lands, slaves, monies at interest and
OF SOUTH CAROLINA. 243
annuities, after the manner aforesaid, to the said treasurer, and pay him the '^- ^- ^''^^•
taxes thereon, according to the rates by this Act appointed. v-^-^v^^w/
X. And be it also enacted by the authority aforesaid. That if any
person or persons, in giving- in or rendering his or her account of mo- Penalty for
nies at interest, annuities, lands or slaves, shall wilfully conceal any part concealment,
thereof, all such persons shall forfeit five times the value of the tax for
what they so conceal.
XI. And he it also enacted by the authority aforesaid, That any person
neglecting or refusing to give in his or her account of monies at interest. When deemed
annuities, lands or slaves to the inquirers, assessors and collectors afore- ^ defaulter,
said respectively, at such time and place as they shall appoint, or by the
last Tuesday in August, in the year of our Lord one thousand seven hun-
dred and sixty-seven, at farthest, he or she shall be deemed a defaulter,
and shall be by the inquirers and collectors doubly taxed for all his '
or her money at interest, annuities, lands and slaves.
XII. And he it enacted by the authority aforesaid. That the inquirers
for the parishes of St. Philip and St. Michael, are hereby ordered and di- Inquirers to
rected, to go once to the several houses of the inhabitants of the said llotLrof thefr
parishes, of which they shall give previous notice in the Gazette three '"'ention to call
weeks before they go to the said houses, and to inquire into and take an °"„['rto"make
account of all the real estates, and particularly in what parts of the said returns,
town the several lots of land are situate, and of the slaves, annuities
and money at interest of the said inhabitants, which they shall be possess-
ed of, interested in or intitled unto in their own right, or in the right of
any other person Avhatsoever, lying or being in the said parishes ; and of
all the lands and slaves which the said inhabitants are possessed of in their
own right, or in the right of any other person without the limits of the said
parishes, or in any other part of the Province ; and the account of the real
estates, slaves, money at interest, and annuities of the said inhabitants
shall be returned to the said inquirers upon oath, in the manner herein
before directed ; and the said inquirers shall make and finish their inquiry,
and return the same to the assessors hereby appointed for the said parish-
es, on or before the first Tuesday in September, in the year of our
Lord one thousand seven hundred and sixty-seven ; and the said inqui-
rers shall likewise extract and certify to the said assessors, all the lands
and slaves given in to them by the owners and inhabitants of the said
parishes without the limits of the said parishes of St. Philip and St.
Michael, and also the annuities and monies at interest which shall be
returned to them by any inhabitants of the said parishes in trust, for per-
sons living in the country ; and all lands and slaves without the limits of
the said parishes of St. Philip and St. Michael, annuities and moneys at
interest, returned in trust for persons living in the country as aforesaid,
shall be reckoned as part of the country tax" ; provided always, that nothing
herein contained shall extend, or be construed to extend, to give the said Proviso,
assessors any power or authority to rate or assess any goods, wares or mer-
chandizes consigned immediately to any merchants or factors in this Pro-
vince, to dispose of as factors only, or any lands, houses or money set apart
for pious or charitable uses.
XIII. And he it also enacted by the authority aforesaid. That every per-
son who shall have reason to believe he or she is over-rated, or whose attor- Persons over-
ney or attorneys shall have reason to believe he or she is over-rated for the '^wear off the
profits of his or her handicraft,, trade, employment, factorage, faculty or overplus,
profession, or for his or her stock or houses and lands, by such assessors,
shall have ten days public notice given by the assessors or collectors at the
guard house in Charlestown, and at any other public place m the country
for that purpose, to swear ofi" so much ai? he,, she or they, or his, her or their
241
STATUTES AT LARCJE
Oath to be ad-
ministered by
assessors
and collectors
to the inquirers
turn their own
property on
oath.
A.D. l7tiG. attoruey or attorneys, shall think they are over-rated, before the said asses-
^-^"'^"''^^ sors or collectors as aforesaid ; and the said assessors or collectors, or any
one of them, are hereby impowered and requi*-ed to administer stich oath
and to allow an abatement accordingly.
XIV. Aiid be it also enacted by the authority aforesaid. That the asses-
sors and collectors for Charlesto^\^l, upon receiving the return from the
inquirers, shall administer to them the following oath, viz : " You, A. B.,
C. D. and E. F., do swear that the account you now give in is a just and
true account of all the real estates, slaves, annuities and monies at interest
of the several inhabitants of the parishes of St. Philip and St. Michael ; and
also of all the real estates, slaves, annuities and monies at interest, return-
ed to you by the said inhabitants which are belonging to persons not resi-
dent in either of the said parishes, according to the best of your knowledge :
So help you God."
XV. And he it also enacted by the authority aforesaid. That the said
Inquirers to re. i^q^il•eI-s shall at the same time render an account in wrfting upon oath as
aforesaid, to the said assessors and collectors, of their own real estates and
slaves, annuities, and monies at interest in this Province ; and any three of
the said assessors and collectors shall be a quorum, and shall meet at
the State House in Charlestown, the first Tuesday in September, in
the year of our Lord one thousand seven hundred and sixty-seven, and
there continue to sit until they have finished the calculation of the value of
the estates in the said town and within the limits aforesaid, or to adjourn
to any other place in the said town as they see fit ; and the said asses-
sors shall finish and complete the said calculation of the value of the es-
tates in the said parishes of St. Philip and St. Michael, on or before
the last Tuesday in November, in the year of our Lord one thousand
seven hundred and sixty-seven, and shall cause a duplicate thereof to be
posted at the guard house in Charlestowai, in seven days after the calcula-
tion shall be closed ; and they shall give previous notice, twice at least, in
the Gazette, of the time when such duplicate shall be posted ; and the
said assessors and all the other assessors and collectors for the several
parishes in the country, before they enter upon the execution of their said
office, shall take the follo^ving oath before one of his Majesty's justices of
the peace, who shall give them a certificate thereof gratis : " I, A. B., do
sincerely swear, that I will indifferently, equally and impartially rate
and assess all and every person, according to the full vakie of what I
believe every such person is worth, and the directions given to me by
this Act, according to the best of my skill and knowledge : so help me God."
XVL And. he it enacted. That every person so assessed by the said
assessors, for the parishes of St. Philip and St. Michael, shall pay into the
hands of the said assessors the several sums of money o7i them respectively
assessed, on or before the last Tuesday in December, in the year of our
Lord one thousand seven hundred and sixty-seven ; and the said asses-
sors and collectors shall pay to the public treasurer all such sum and sums
of money as shall be by them respectively collected, retaining their com-
missions as aforesaid.
XVII. And he it enacted. That the sum of three thousand eight hundred
and nine pounds ten shillings and six pence half penny, appointed by the
Quota of taxes schedule to this Act annexed, to be paid by the inhabitants of the parishes of
to be raised in St. Philip and St. Michael, shall be added to the sum to be collected for the
poor rates, and shall be raised, collected and levied by the same persons
and in the same way and manner as the poor rates are raised, collected
and levied on the inhabitants of, and others interested in the said parishes,
and shall be by the said persons paid into the hands of the public
treasurer.
Assessors and
<;ollectors to
take an oath.
Monies to be
paid over to
public trea-
surer.
iSt. Philip and
St. Michael.
OF SOUTH CAROLINA. 245 ^
XV^IIl. And be it also euucted by the authority aforesaid, That in case -A-')- "'60,
any person whosoever, shall neglect or refuse to pay in his, her or their ^-^^'>'''^^-'
taxes, at the days and times hereinbefore mentioned and appointed for the Penalty for
jaayment thereof, the incpiirers and collectors respectively shall, immedi- "eglect or
ately after ten days is fully elapsed, without further delay, levy the same, by taxTs!
virtue of a warrant by them or any of them to be signed and sealed for
that purpose, which warrant shall be directed to the constable or consta-
bles living nearest the place where such defaulter lives or resides, requir-
ing him to levy the same by distress and sale of the defaulter's goods,
returning the overplus, if any there be, to the defaulter, upon deducting
the reasonable charges ; or shall not make oath before the collector, that he
has not, directly or indirectly, conveyed away or removed his said goods or
effects, whereon the money so assessed might be levied, to avoid payment
of the said tax, and that he is not able to pay the same, which oath the
said collectors are hereby resjaectively authorized and impowered, if ne-
cessary, to administer ; and if no such distress can be found, and the de-
faulter shall neglect or refuse to produce goods or effects whereon the
moneys so assessed may be forthwith levied, then the said constable or
constables, by virtue of the said waiTant, shall take the body of such de-
faulter and convey him to the common goal in Charlestown, which waiTant
shall run in these words, mutatis mutandis, viz :
" A. B., C. D., E. F., collectors of the general tax for the parish or
precinct of , in county : To G. H., constable of the parish f'o''™ °^ 'he
or precinct of , or to the provost marshal of the Province of South
Carolina, or to his lawful deputy. Whereas, J. K. hath been duly assess-
ed by us the subscribers, collectors of the tax for the parish or precinct
of , the sum of ,. for tax, for defraying the charges
of the year, ending the thirty-first day of December, one
thousand seven hundred and sixty-five, which hath neglect-
ed to pay : these are, therefore, in his Majesty's name, strictly to charge
and command you, to levy by distress and sale of the goods and chattels
of the said J. K., the said sum of , together with the charges
thereof; and in case the said J. K. shall i-efuse or neglect to produce
goods or chattels sufficient to levy the said distress and the charges
thereon, that then you take the body of the said J. K. and convey
to the common goal in Charlestown, commanding you, the keeper
of the said jail, to detain the body of the said J. K. in your custody
until shall pay the said sum of , together with the charges
of keeping and detaining as aforesaid ; and for so doing, this shall
be your sufficient warrant. Given under our hands and seals this
day of , Anno Domini . A. B., C. D., E. F."
And the provost marshal shall detain such person in the goal aforesaid,
without bail or mainprize, until the debt and charges aforesaid shall be
satisfied ; and the constable and constables to whom such warrant shall be Fees of
directed, shall take from the defaulter the following fees in the execution constables, &c.
of their office, viz : for serving every execution, six shillings ; and for
every pound to be levied as aforesaid, one shilling ; and one shilling and
three pence for every mile, to be computed from the dwelling house of
such constable to the house or place of residence of such defaulter ; for
the constable's returning home or canying such defaulter to the common
goal, and from thence returning home, and mileage, at the same rate ; and no
more or any other fee whatsoever ; and the assessors and collectors res-
pectively, for every such warrant he or they shall issue, shall have from
such defaulter ten shillings current money.
246
STATUTES AT LARGE
A. D. 1766.
Penalty for
neglect to pay
tax, &c.
Power of the
public treasu-
rer.
Taxables
d3'ing or
departing.
Fraudulent
conveyances.
Mortgagee lia-
ble to pay tax.
Penalty on offi-
cers for neglect,
XIX. And he it aho enacted by the authority aforesaid, That if any
taxable person shall neglect to give an account as aforesaid of his or her
estate to the said inquirers and collectors, by the time before limited in
this Act, or shall omit or neglect to pay either his or her own tax, or the
tax to be assessed by virtue of this Act, on any person for whom he or she
is guardian, executor, attorney or trustee, by tlie time before limited, the
said collectors respectively, where such taxable person lives, are hereby
impowered and required to issue their warrants in the same manner as
above directed ; and in case the said assessors and collectors shall not have
a just information what such person's tax doth amount to, the said warrants
shall run for double what they shall judge such person ought to be rated,
and shall be dealt with in all other resjsects as a defaulter.
XX. And he it enacted, That the public treasurer shall have full and
aiTiple power in all respects, for collecting and getting in arrears of taxes
which are or were due by any former law or Act of Assembly ; and the same
may be recovered by virtue of a warrant, under the hand and seal of the
public treasurer for the time being, directed to the provost marshal or any
constable for the county where such arrears of taxes are to be collected,
which warrant shall run in the same manner as is directed to be done by
the assessors and collectors against defaulters.
XXI. Arid he it also enactedhy the authority aforesaid. That in case any
person shall happen to die between the time of giving in his or her account
■ to the said inquirers and collectors and the paying of his or her tax, and any
goods or chattels of the deceased, to the valueof the sum he or she was assess-
ed at, shall come into the hands of his or her executors or administrators, or
any executors in their own ■wrong, such executors or administrators shall pay
the same by the time before limited, prior to all judgements, mortgages and
debts whatsoever, or otherwise a warrant or execution shall issue against
the proper goods of such executors or administrators; and if any person, be-
tween the time of rendering tlie account of his or her estate, to the inqui-
rers and collectors as aforesaid, and the time of paying in his or her tax,
shall be about to depart this Province, the said assessors and collectors are
hereby directed and required forthwith to levy the same, notwithstanding
the day of payment is not then already come, unless such person will find
sureties to the liking of the said collectors and assessors for the payment
thereof at the time appointed.
XXII. And he it also enacted by the authority aforesaid, That all
deeds of gift, conveyances, 'mortgad;es, sales and assignments of lands
and tenements, goods and chattels of any person whosoever, inade with an
intent to avoid being assessed or paying tax, are hereby deemed and de-
clared to be fraudulent, null and void, to all intents and purposes what-
soever.
XXIII. And, he it also enacted by the authority aforesaid, That in
case any person who has moitgaged any part of his estate, real or person-
al, shall refuse or neglect to pay tax for the same, the mortgagee shall be
answerable and liable to pay the sums assessed on the mortgagor ; pro-
vided, that such estate shall be in the possession of the mortgagee.
XXIV. And he it also enacted by the authority aforesaid. That the
public treasurer, inquirers, marshal, constables and every other magistrate
and officer, or any or either of them, who shall neglect or refuse to do and
perform the several matters hereby required of them respectively to be
done within the time prescribed by this Act, shall, for every such neglect
or refusal, forfeit the sum of fifty pounds proclamation money ; and the
several assessors and collectors, or any or either of them, who shall neglect
or refuse to do and perform the several matters hereby required of them
OF SOUTH CAROLINA. 247
respectively to be done within the time prescribed by this xA-Ct, shall, ft^r A; D. 17(i(i.
every such neglect or refusal, forfeit the sum of three hundred pounds ^^'"'^^^'^'^'^
proclamation money, to his Majesty, for the support of this government,
to be sued for and recovered by the public treasurer in any court of record
in this Province.
XXV. And be it further enacted by the authority aforesaid. That in case
any assessor or collector of the present or any former taxes, shall refuse Penalty of as-
1 X. ^ • • ^^ J' ^^ 114. -4. 14. sessors and col-
or neglect to give m upon oath to the pubnc treasurer, a just and true ac-jgg(Qrg for ne"--
count of all monies received by him or them, or due to his Majesty on lectof duty,
account of the tax herein imposed, or on account of any former tax, with-
in their several and respective districts, by the time herein before limited,
that then it shall be lawful for the public treasurer by warrant, under his
hand and seal, to commit such assessor or collector to the common goal in
Cliarlestowu, there to remain without bail or mainprize, until he or they
shall have rendered upon oath to the public treasurer, a full and satisfacto-
ry account of, and shall have paid all such sums so as aforesaid by him or
them collected, and shall have given in to the public treasurer an account
of all monies due to his Majesty by virtue of this or any former tax Act,
and the reasonable charges for such commitment.
XXVI. And, be it also enacted by the authority aforesaid. That in case
any of the inquirers, assessors and collectors before mentioned, shall hap- Inquirers,
pen to die, refuse tb act or depart this Province before the powers and ^y\^^^J^'
authorities hereby given them are executed, then his Excellency the departing.
Governor, or the Commander-in-chief for the time being, is hereby impow-
ered from time to time, so often as occasion shall require, to nominate and
appointone ormore fit person or personsin the room of him orthem so dying,
refusing to act or departing this Province ; and the person and persons so
appointed, shall have the same powers and be under the same penalties
as the inquirers, assessors and collectors hereby nominated.
XXVII. And. be it also enacted by the authority aforesaid, That the public ^^^-^Yic Trea-
treasurer, or the public treasurer for the time being, be, and is hereby surer impower-
impowered and required, to grant immediate executions against all former ^'^ to S''^"t
constables and collectors of taxes, and collectors and assessors for the time
being, and all persons in arrears for taxes now or hereafter to grow due,
when the time is or shall be elapsed for paying the same ; a.nd he is here-
by required and directed to prosecute all and every person or persons
whatever, neglecting or refusing to do and perform the several matters
required by this Act for the recovery of the penalty inflicted by the
same for any such refusal or neglect.
XXVTII. And be it also enactedhy the authority aforesaid. That the pub-
lic treasurer of this Province for the time being, after paying the balance f^]i^^.fiQg
in the funds aforesaid, shall be, and is hereby obliged and I'equired to give
certificates to the several persons having monies provided by the schedule
to this Act annexed, for such part thereof as the person applying for the
same shall require, which certificates shall be first filled up, numbered and
signed by the treasurer, and afterwards countersigned and returned to the
public treasurer, by Miles Brewton, Jeremiah Savage and Peter Porcher,
Esquires, or any two of them, and they are hereby directed to keep an
account in a book, of such certificates as they shall respectively sign ;
provided, that such certificates shall not be for less than five pounds, nor more
than fifty pounds ; and the said certificates shall be received in all pay-
ments to the public treasury until the last Tuesday in December, one thousand
seven hundx'ed and sixty-eight, and no longer; and the said collectors of the
tax shall take and receive the said certificates in payment of taxes, for
the sums therein mentioned, from all persons tendering the same; provid-
248
STATUTES AT LARGE
A. D. iroii.
General issue
may be
pleaded.
Penalty for
counterfeiting
certificates.
ed also, that the possessors of the said ceitificates shall carry the same to
the public treasurer to be exchanged, on or before the last Tuesday in June,
one thousand seven hundred and sixty-nine ; and in case any certificates
shall be outstanding after that day, the public shall not be liable to make
provision for the same.
XXIX. And be it also e?tacied by the authority aforesaid, That if any
of the assessors, inquirers, collectors, public treasurer or provost marshal,
constable or other person, shall be sued for any matter or thing by him or
them done in the execution of this Act, it shall and may be law^ful for
such person or persons to plead the general issue, and give this Act and
the special matter in evidence; and in case judgment shall be given for the
defendant or defendants, or the plaintiff" shall suffer a non-suit or discon-
tinue his action, the said defendant or defendants shall recover treble costs
of suit.
XXX. And be it also enacted by the authority aforesaid, That any
person or persons who shall counterfeit, rase or alter any of the
certificates issued by virtue of any former Act, or to be issued by virtue
of this Act, or shall offer them in payment, knowmg the same to be coun-
terfeited, rased or altered ; and every person and persons who shall assist,
abet or procure the counterfeiting, rasing or altering such certificates, be-
ing thereof duly convicted, are hereby declared and deemed guilty of
felony, and shall suffer death as felons without benefit of clergy.
XXXI. And be it further enacted by the authority aforesaid. That the said
sum of seventy-one thousand two hundred five pounds five shillings and eight
pence half-penny, shall be appropriated, applied and paid by the public
treasurer, according to the schedule hereunto annexed, and not otherwise ;
that is to say :
SCHEDULE
Of the charges of this Govermnent from the first day of January, to the
thirty first day of December, one thousand seven hundred and sixty five,
both days inclusive, and for other services.
ALLOWANCES TO PUBLIC OFFICERS.
To his Honor the Lieutenant Governor, £ 3500 00 00
The Clerk of the Council, 300 00 00
The Master in Chancery, 200 00 00
William Davis, Messenger to the Council, 200 00 00
James Pratt, Door-keeper to the Council, 200 00 00
The estate of Thomas Bromley, Esq. late Clerk of the As-
sembly, to be paid to Jacob Motte, Esq. on assignment, 387 10 00
Thomas Farr, jun. Esq. Clerk of the Assembly, from the
28t.h day of October last, 106 16 09
Jonathan Badger, Messenger of the Assembly, 250 00 00
Edward Weyman, Messenger of the Assembly, 200 00 00
The Commissary General, 400 00 00
The Clerk of the Board of Church Commissioners, 30 00 00
The Public Treasurer, his commissions on paying sundry
sums of money, 32 07 02
The Agent in Great Britain, his salary, 1400 00 00
His bill of disbursements, £SS 13s. lOd. sterling, 620 16 10
The estate of Thomas Bromley, Esq. late Clerk of the
Committee of Correspondence, to be paid to Jacob
Motte, Esq. as aforesaid, 32 05 10
John Hume, Esq. ordnance store keeper, 350 00 00
OF SOUTH CAROLINA. 249
Ttt Jacob Motte, Esq. Public Treasurer, advanced by him to A. D. l/Hf!.
the Committee of Correspondence for the agent, over
and above the sum provided for him in the last esfimate, £ 126 19 06
Jacob Motte, Esq. advanced by him to William L'avis, ibr
three years service as door-keeper of the pews, 75 00 00 £ 8411 16 01
HOUSE RENT FOR THE PUBLIC.
To His Honor the Lieutenant Governor, 700 00 00
The Commissioners of the Free School in Charlestown, 230 00 00 £ 950 00 00
WRITING AND PRINTING FOR THE PUBLIC.
To the Clerk of the Council, for copies of the minutes of
Council, entries in the Indian book, and copies of the
laws for the Council, 1425 07 08
To Thomas Skoitowe, Esq., Sec'ry ., for fees due to the Lieu-
tenant Governor and Secretary, viz :
To the Lieutenant Governor, £, 89 17 06
To the Secretary, 307 01 03 396 18 09
The estate of Thomas Bromley, Esq. late Clerk to the As-
sembly, for copies of the journals, drawing bills, &c.to
the 22d August last, to be paid to Jacob Motte, Esq.
as aforesaid, 1269 08 00
Thomas Farr, jun. Esquire, Clerk of the Assembly, for the
same service, 300 02 00
Jacob Motie, Esq. Public Treasurer, for his service, 479 19 06
George Wood, for binding the journals of Assembly, 24 10 00
Emanuel Abrahams, as a gratuity for his service, . 250 00 00
Peter Timothy, for Printing for the public, 487 18 04 £ 4634 04 03
TO BE RAISED BY PARTICULAR LA\VS APPOINTING
THE SAME.
To Roger Pinckney, Esq. Provost Marshal, for serving
writs of election, summoning jurors and attending the
courts, 150 00 00
Jacob Motte, Esq. paid for session sermons, 30 00 00
Clement Lampriere, Esq his annuity on the militia law, 90 00 00
Thomas Gill, his annuity, 90 00 00
Mary Adamson, annuity for herself and two children, 150 00 00
Mary Morrison, widow, annuity for herself and three chil-
dren, 200 00 £ 710 00 00
FOR FORTS AND GARRISONS.
To the Commander of Fort Johnson, 200 00 OO
The Gunner of Fort Johnson, 216 00 00
Two quarter Gunners, 192 00 00
Provisions for four men, at £25 per annum, 100 00 00
Gunner of Charlestown, 225 00 00
Gunner of Craven's bastion, 100 00 00
Gunner of Broughton's battery, 100 00 00
Samuel Lavender, Gunner of Fort Lyttleton, his salary, at
£\bO per annum, to the 31st December, 1765, 302 01 OS
Brewton & Smith, for spike nail and spades, 45 19 03
Came & Wilson, for a spy-glass for Fort Johnson, 15 00 00
Dewar & Bacot, for spike nails, 31 00 00
Edward Davis, for the like, 18 15 02
William Hall, the amount of Herculas Hall's account for
work done to Broughton's battery, 183 10 00
Laurens, Motte & Co. for sundries, 277 14 09
Nowell, Davis & Ancrum, for sundrie.s, 4 18 03
VOL. IV.— 32.
250
STATUTES AT LARGE
A. D. 1760. To Price, Hest & Head, for a speaking trumpet for Fort Johnson,
William Pinckney, Esq Commissary General,
Henry Smith, for plank and scantling,
George Parks, for sundry tools for Fort Prince George,
Jacob Motte, Esq Public Treasurer, advanced by him for
repairs to Fort Prince George,
Jacob Motte, Esq. advanced for fire-wood delivered at Fort
Johnson,
Jacob Motte, Esq. advanced for men's pay at Fort Johnson
to the 31st December, 1765,
Jacob Motte, Esq. for carriage to Fort Prince George,
Tunis Teabout, for a tryangle for Fort Littleton,
To the following persons for repairs of Fort Prince George, viz :
To Jonathan Neile, for a balance due to him,
Gideon Beek,
James Shepherd,
John Mills,
Jonathan Stimson,
James Stevens,
Robert Burt,
Richard Rochere,
John Christie,
Luke Croft,
Charles Beeks,
John Clarke,
Charles Turney,
Rod rick Davis,
William Potter,
Robert White,
John Campbell,
Benjamin Matthison,
James Legolt,
Isaac Lewis,
Michael Earlybush,
John Taylor,
Jacob Siiortman,
Thomas Brown,
William Thomson,
Thomas Harrison,
David Allen,
William Tulix,
Robert Harris,
George Holmes,
Robert Hainsworth,
Joseph Carpenter,
William Perry,
Thomas Dowling, j
Thomas Baches,
James Holmes, for a balance due to him for the carriage of
the materials,
George Robertson, Overseer of the Works,
James Pritchard, 
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